The http://www.foodchannel.com website and any derivative website on which these Terms of Use are posted is operated by Food Channel Amaze Company LLC (“Food Channel”), a wholly owned subsidiary of Amaze Holdings, Inc. Food Channel has adopted these Terms of Use (“Terms of Use” or “Agreement”) to make you aware of the terms and conditions of your use of the http://www.foodchannel.com website, any derivative websites on which these Terms of Use are posted and any Content, products or services that are offered or provided via the aforementioned websites (collectively, the “Website”).
Food Channel reserves the right, in its sole discretion, to change, modify, add, or remove portions of these Terms of Use at any time by posting such changes to this page. You understand that you have the affirmative obligation to check these Terms of Use periodically for changes, and you hereby agree to review these Terms of Use for such changes periodically. The continued use of the Website after changes to these Terms of Use are posted will constitute your acceptance of those changes. The most current version of these Terms of Use can be reviewed at https://foodchannel.com/terms.
BY USING OR OTHERWISE ACCESSING THE Website, CREATING, REGISTERING OR ACCESSING AN ACCOUNT, POSTING OR DOWNLOADING CONTENT (AS DEFINED BELOW) OR ANY OTHER INFORMATION TO OR FROM THE Website, OFFERING FOR SALE OR PURCHASING ANY PRODUCTS OR SERVICES VIA THE Website OR MANIFESTING YOUR ASSENT TO THESE TERMS OF USE IN ANY OTHER MANNER, YOU HEREBY EXPRESSLY AGREE TO, AND SHALL BE SUBJECT TO, THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE OR OTHERWISE ACCESS THE Website, CREATE, REGISTER, OR ACCESS AN ACCOUNT, POST OR DOWNLOAD CONTENT OR ANY OTHER INFORMATION TO OR FROM THE Website, OR OFFER FOR SALE OR PURCHASE ANY PRODUCTS OR SERVICES VIA THE Website.
Food Channel hereby grants you a limited, nonexclusive, nonassignable, nontransferable license to access and use the Website solely for your own purposes, subject to your agreement to, compliance with, and satisfaction of these Terms of Use. If you do not comply with the Terms of Use at any time, Food Channel reserves the right to revoke the aforementioned license, limit your access to the Website, or restrict your ability to post or download Content or order products and services. You agree not to reproduce, duplicate, copy, distribute, transmit, sell, trade, resell, or exploit for any purpose any portion or information from the Website. You are solely responsible for providing, maintaining, and ensuring the compatibility of all hardware, software, electrical, and other physical requirements necessary for your access to and use of the Website.
Food Channel may discontinue or alter any aspect of the Website, remove Content from the Website, restrict the time the Website is available, or restrict the amount of use permitted at Food Channel’s sole discretion and without prior notice or liability. You agree that Food Channel may, under certain circumstances, immediately suspend and/or terminate your access to the Website. Cause for such measures shall include, without limitation: (a) breaches or violations of these Terms of Use or other incorporated agreements or guidelines; (b) discontinuance or material modification to the Website; (c) unexpected technical or security issues or problems; (d) extended periods of inactivity; and/or (e) engagement by you in fraudulent or illegal activities. You further agree that such measures shall be taken in Food Channel’s sole discretion and without liability to you or any third party.
For purposes of these Terms of Use, references to “post” or “posting” shall refer to any manner of posting, transmitting, uploading, providing, making available, or otherwise transferring material or information.
As between you and Food Channel, Food Channel exclusively owns all right, title, and interest (including all intellectual property rights) in and to (i) the Website; (ii) all materials incorporated by Food Channel on the platforms on which the Website is made available, including all Content (excluding your User Content), visual interfaces, interactive features, information, graphics, design, compilation, computer code, API’s, products, software, services, and all other elements of the Website; (iii) all Recordings and Trademarks; and (iv) all improvements, modifications and derivative works of any of the foregoing (collectively, “Food Channel Materials“). Any use of the Food Channel Materials other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by Food Channel. Some of the characters, logos, or other images incorporated by Food Channel on Food Channel Websites are also protected as registered or unregistered trademarks, trade names, and/or service marks owned by Food Channel or others (collectively, “Trademarks“). Other trademarks, service marks, trade names, logos, and other branding used and displayed via the Website (“Third Party Mark(s)“) may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Food Channel. Except as expressly provided in these Terms, nothing in these Terms or the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the Website, without Food Channel’s prior written permission in each instance. As between you and Food Channel, all goodwill generated from the use of Trademarks will inure to the exclusive benefit of Food Channel. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Website.
Access to certain areas of the Website requires you to register for an account. Once you complete the registration process, you will receive your username and password. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You agree to immediately notify Food Channel in the event (a) your registration information changes, or (b) you learn of or have reason to suspect any unauthorized use of your account or any other breach of security. You also agree that you will provide truthful and accurate information during the registration process. Food Channel may refuse to grant a particular username to you for any reason, including, without limitation, in the event Food Channel determines that such username impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive.
You acknowledge that the Website contains information, software, photos, text (for example, text in posts or communications with others), files, documents, graphics, images, music, audio, video, streaming live and pre-recorded audio-visual works, recipes and instructions, formulations, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Website (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed.
The Content posted by users via the Website (“User Content”) is the intellectual property of the specific users of the Website who post such User Content and their licensors, if any. Food Channel does not claim any ownership rights in such User Content.
Right to Use Food Channel Content. Subject to your compliance with these Terms and any additional terms that Food Channel may communicate to you in writing, Food Channel grants you a limited, non-exclusive, non-transferable, revocable, license, on an “AS IS“ basis, with no right to sublicense, to access and view the Content available via the Website (excluding User Content), solely in connection with your permitted use of the Website and solely for your personal and non-commercial purposes on a single computer or device at a time; provided that you do not (and do not allow any other person or entity to) (i) copy, republish, transmit, distribute, modify, or create derivative works based upon any such Content except as expressly authorized by Food Channel through the Website; or (ii) upload, transmit, or display any such Content to any other website, service or application operated by a third party.
Permissions to Your User Content. By making any User Content available through the Website, you grant Food Channel and its sub-licensees and assigns, to the furthest extent and for the maximum duration permitted by applicable law (including in perpetuity if permitted under applicable law), an unrestricted, worldwide, irrevocable, fully sub-licensable (through one or more tiers), non-exclusive, fully paid-up, and royalty-free right to: (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content, including for promoting and redistributing part or all of the Website (and derivative works thereof) in any form, format, media, or media channels now known or later developed or discovered, including all media now known or hereafter devised, including all forms of standard and non-standard television and video distribution via digital, over-the-top (OTT), high definition television (HDTV), and all forms of video on demand (VOD), including VOD, subscription video on demand (SVOD), free video on demand (FVOD), advertising video on demand (AVOD), and transactional video on demand (TVOD), each via wired or wireless transmission using Internet or any other protocols (collectively, “Media“); and (b) use any name, identity, image, likeness, and voice (or other biographical information) that you submit or make available in connection with such User Content. Should such User Content contain the name, identity, likeness, and voice (or other biographical information) of third parties, you represent and warrant that you have obtained any appropriate consents and licenses for your use of such features and that Food Channel and its sub-licensees are allowed to use them to the extent indicated in these Terms.
Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Website, nor any use of your User Content by Food Channel on or through the Website, will infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. Without limiting the foregoing, if any of your User Content contains the name, identity, likeness, and voice (or other biographical information) of third parties, you represent and warrant that you have obtained any appropriate consents and licenses for your use of such features and that Food Channel and its sub-licensees are allowed to use them to the extent indicated in these Terms. You understand and agree that we may enable functionality where any User Content you submit will be publicly available on or through our Website.
Communications in chat areas, forums, bulletin boards, communities, groups, or other public or common areas of the Website are not private communications, and Food Channel and other third-parties will receive those communications. You should use caution when submitting any User Content that contains your personal information to a public or common area of the Website.
You can remove your User Content by specifically deleting it. Please note however, that your User Content may not be removed entirely or may otherwise still be available to others in the following circumstances: (a) your User Content has been incorporated into derivative works or compilations created by Food Channel or other parties; (b) such User Content has been retained in Food Channel’s data backup systems or for archival purposes; or (c) to the extent such User Content has been sold to other persons and such persons retain your User Content. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (ot the failure to remove or delete) any of your User Content.
Food Channel collects, stores, and uses data collected from you in accordance with Food Channel’s Privacy Policy, located at https://foodchannel.com/privacy. The terms and conditions of the Privacy Policy are hereby expressly incorporated into these Terms of Use.
As part of the functionality of the Website, you may link your account to an SNS Account by allowing Food Channel to access your SNS Account, as permitted under the applicable terms and conditions that govern your use of each SNS Account. You agree that you won’t disclose your SNS Account login information to Food Channel and/or grant Food Channel access to your SNS Account unless you are permitted to do so by the applicable SNS. Food Channel won’t have any obligation to pay any fees or be subject to any usage limitations imposed by SNS’s.
By linking your SNS Account to your Food Channel account, you understand that Food Channel will access, make available, and store (if applicable) some of the content that you have provided to and stored in your SNS Account so that it is available on and through the Website via your account. Unless otherwise specified in these Terms, all such content, if any, will be considered to be User Content for all purposes of these Terms. Depending on the SNS Accounts you choose and subject to applicable SNS privacy settings, personal information that you post to your SNS Accounts and information about your SNS network will be available on and through your Food Channel Account. Please note that if an SNS Account or associated service becomes unavailable or Food Channel’s access to such SNS Account is terminated by the third-party service provider, then the content from your SNS Account will no longer be available on and through the Website. You may disable the connection between your Food Channel Account and your SNS Accounts by contacting Food Channel at Info@foodchannel.com.
The Website may provide, or third parties may provide, links to other websites or resources on the Internet. Because Food Channel has no control over such websites or resources, you acknowledge and agree that Food Channel is not responsible for the availability of such external websites or resources, and Food Channel does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that Food Channel shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such Content, goods, or services available on or through any such website or resource.
We may charge a fee to access certain portions of the Website or services that require a subscription in order to offer such services that Food Channel would not otherwise make available without charging a fee. You agree to pay such fees if you subscribe to such services. We reserve the right to determine which portions of the Website and services are subject to a subscription fee and may change this from time to time. If you elect to subscribe to such Website and/or services, you are a “subscriber“. You can find specific details regarding your subscription at any time by logging into your Food Channel account. You agree your subscription is for individual use only.
Whether you make a one-time purchase or purchase a subscription (each, a “Transaction“), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card, and your email and postal addresses for billing and notification (such information, “Payment Information“). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties (for example, Stripe, Apple, or Google) so we can complete your Transaction and to charge your selected payment method (“Payment Method“) for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment, and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payments for Transactions are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.
If you are directed to Food Channel’s third-party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. We are not responsible for third party services.
For certain aspects of the Website, you’ll need a subscription (“Subscriptions“). If you purchase a Subscription, you will be charged the subscription fee, plus any applicable taxes, and other charges (“Subscription Fee“), at the beginning of your subscription and each cycle thereafter, at the then-current Subscription Fee. The renewal period may vary depending on the type of Subscription you choose. For example, if you purchase a Subscription, which has a monthly term, your subscription will automatically renew and you will be charged on the month-anniversary (i.e., on the same day of each month as the commencement of your subscription) of the commencement of your subscription unless and until you cancel your subscription. If you purchase an annual subscription, your subscription will automatically renew and you will be charged on the anniversary of the commencement of your subscription unless and until you cancel your subscription. In the event your subscription began on a day not contained in a given month, we bill your Payment Method on the last day of such month. BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE FOOD CHANNEL TO INITIATE RECURRING NON-REFUNDABLE PAYMENTS AS SET FORTH BELOW. If you purchase a Subscription, we (or our third-party payment processor) will automatically charge you at the beginning of each renewal period, using the Payment Information you have provided until you cancel your Subscription. For any Subscription with a subscription period longer than a month, no less than fifteen (15) days and no more than forty-five (45) days before your Subscription term ends, or otherwise in accordance with applicable law, Food Channel will send you a reminder with the then-current Subscription Fee, along with other relevant terms. By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or Food Channel. Your Subscription continues until cancelled by you, or we terminate your access to or use of the Services or Subscription in accordance with these Terms. To see the start date for your next renewal period, log into your Food Channel account.
If you change your Payment Method, this could result in changing the calendar day upon which you are billed. You acknowledge that the amount billed each Billing Period may vary due to promotional offers, changes in your subscription and changes in applicable taxes, and you authorize us to charge your Payment Method for the corresponding amounts. If Food Channel changes the subscription fee or other charges for your subscription, we will give you advanced notice of these changes by email. However, we will not be able to notify you of changes in any applicable taxes.
Very rarely, if there are special circumstances where Food Channel determines it is appropriate (e.g., your subscription Service is unavailable for days due to technical difficulties), we may provide credits to affected subscribers. The amount and form of such credits, and the decision to provide them, are at Food Channel’s sole and absolute discretion, and the provision of credits in one instance does not entitle anyone to credits in the future under similar or different circumstances.
Note that if you subscribe to a Service via an Apple App Store account or a Google Play account, you must manage your subscription directly through those services, respectively. While the terms of subscription are generally similar to that described above, please refer to the applicable Apple or Google subscription terms for the terms applicable to your subscription, including renewal terms.
If you selected a subscription option, your subscription will continue in effect on a month-to-month or year-to-year basis, depending on the option you selected, unless and until you cancel your subscription or the account or Website is otherwise suspended or discontinued pursuant to these Terms. You must cancel your subscription before your renewal date (which you can find in your Food Channel account) in order to avoid the next billing. We will bill the monthly or annual subscription fee plus any applicable taxes to the Payment Method you provide to use during registration (or to a different Payment Method if you change your account information). If you cancel your subscription, cancellation will be effective at the end of the current Billing Period, which means that you will have continued access to your subscription for the remainder of that period, but you will not receive a refund. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. You can cancel your subscription by logging into your Food Channel account and clicking “Cancel Subscription“.
We may offer a number of subscription plans from time to time with differing conditions and limitations. Any materially different terms from those described in these Terms will be disclosed at your sign-up or in other communications made available to you. Some promotional subscriptions are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered subscription plans.
It is important that each subscriber honor the payment obligations to which the subscriber agreed. Accordingly, we reserve the right to pursue any amounts you fail to pay in connection with your subscription. You will remain liable for all such amounts and all costs incurred in connection with the collection of these amounts, including bank overdraft fees, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.
We may offer to certain qualifying users paid subscriptions on a free trial basis (“Free Trial“) for a specified period of time. If we offer you a Free Trial, the specific terms of your Free Trial will be provided at signup and/or in the promotional materials describing the Free Trial and your use of the Free Trial is subject to your compliance with such specific terms. Certain limitations may exist with respect to combining free trials with any other offers. Except as may otherwise be provided in the specific terms for the Free Trial offer, Free Trials are only available to users who have not previously held a paid subscription. When you agree to a Free Trial, you are also agreeing to sign up for a paid subscription as described above and, consequently, unless you cancel your subscription prior to the end of your Free Trial, we (or our third-party payment processor) will begin charging your payment method on a recurring (e.g., monthly) basis for the applicable recurring fee (plus any applicable taxes and other charges) at the end of the Free Trial until you cancel your subscription. Please note that unless the Free Trial is longer than thirty-one (31) days, you will not receive a notice from Food Channel that your Free Trial has ended and that payment for your subscription is due (if the Free Trial is longer than thirty-one (31) days, no less than three (3) days and no more than twenty-one (21) days before your Free Trial Ends, or otherwise in accordance with applicable law, Food Channel will send you a reminder that your Free Trial is ending and that the Subscription will automatically renew unless you cancel, along with other relevant terms). If you wish to avoid charges to your Payment Method, you must cancel your subscription prior to completion of your Free Trial period. Instructions for cancelling your subscription are stated in the section above titled “Ongoing Subscription and Cancellation“. To the extent subscriptions are offered in conjunction with purchase of, or payment for, third-party products or services, you agree that Food Channel will not be liable to you for any claims arising out of or related to your purchase or use of such third-party products or services.
Food Channel may allow users to place Orders for products and/or services via the Website or through its third-party affiliate. “Order” shall mean any order placed by a user for products and/or services via the Website that is accepted by Food Channel. When placing an order for the purchase of products and/or services, you are required to adhere to the additional terms outlined in this section. Please note that in some cases, you may be directed to a third-party website to make purchases. In such an event, the purchase terms in this section do not apply, and your purchase will be governed by the terms of such a third-party website. By making such purchases, you hereby agree that Food Channel has no responsibility, and shall have no liability, for any claim related to your purchases on such third-party websites.
Upon placing an Order, you shall pay to Food Channel the purchase price as outlined in the “Shopping Cart.” Food Channel or its third-party affiliates may use third-party payment processors to process payments by credit card and other accepted methods. Your purchase is subject to any additional terms and conditions imposed by such third-party payment processors. The purchase price and any applicable fees or taxes will be applied to your chosen payment method upon submission of your order.
Prices and product availability are subject to change without notice. Errors will be corrected where discovered, and Food Channel reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions, including after an order has been submitted and whether or not the order has been confirmed and your payment method accepted and charged. If your payment method has been accepted and charged, Food Channel will issue the appropriate credit within a reasonable time after your order is revoked.
In the event you purchase a product that must be shipped to you, such products will be shipped by Food Channel and/or its third-party contractors within a reasonable time after processing of your order. Shipment time will vary depending on the shipping method and service you select. Food Channel does not guarantee delivery at any specific time and is not responsible for shipping delays.
In the event you purchase products that embody or otherwise contain Content owned by Food Channel or other parties, you agree to the following restrictions regarding such products and the Content or other information contained or embodied therein: (a) you may not resell any Content or otherwise profit from its use or display; (b) you may not, nor will you allow any other party to, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense or create derivative works or compilations incorporating such Content without the express permission of the owner of such Content; (c) you will not otherwise violate any additional legal or contractual restrictions governing use of the Content; and (d) you will not obscure or remove any proprietary rights notices contained in or on the Content.
In the event that a product you ordered is damaged upon receipt, Food Channel, at its sole option, may provide a replacement product or refund the purchase price. Damaged products that Food Channel will accept for return or refund include those that are missing, torn, physically damaged, or inoperable. Otherwise, Food Channel cannot guarantee the quality of the products sold via the Website that contain User Content or guarantee the lack of errors in such User Content (including, without limitation, misspellings and grammatical or other errors). Food Channel does not monitor or inspect User Content before it is included in products sold on the Website, and the user who creates and/or posts such User Content is solely responsible for it.
You hereby represent and warrant to Food Channel that: (a) you (i) are over the age of eighteen (18), (ii) are an emancipated minor under the laws of your state of domicile and/or residence or (iii) otherwise have the power and authority to enter into and perform your obligations under this Agreement; (b) all information provided by you to Food Channel is truthful, accurate and complete; (c) you are an authorized signatory of the credit or debit card or other method of payment that you provide to Food Channel or it third-party payment processor to pay the purchase price and any applicable fees or taxes related to your purchases of products and/or services via the Website; (d) you will comply with the terms and conditions of these Terms of Use and any other agreement to which you are subject that is related to your use of the Website; (e) you have provided and will maintain accurate and complete registration information with Food Channel, including, without limitation, your legal name, address, email address, and any other information Food Channel may reasonably require; (f) your access to and use of the Website and/or purchase and use of any products or services will not constitute a breach or violation of any other agreement, contract, terms of use or any law or regulation to which you are subject; and (g) you will immediately notify Food Channel in the event that you learn or suspect that your registration information, username or password has been disclosed or otherwise made known to any other person.
By posting any User Content on the Website, you agree to provide the following additional representations and warranties to Food Channel:(1) you are owner of such User Content or otherwise have the right to grant Food Channel the licenses granted pursuant to this Agreement; (2) you have secured any consents necessary to post the User Content and to grant the foregoing licenses; (3) the User Content does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and such User Content does not contain any personally identifiable information about third parties in violation of such parties’ rights; (4) the use of any User Content will not result in harm or personal injury to any third party; and (5) all factual information contained in the User Content is true and accurate.
You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the Website or the User Content that you may sell or purchase via the Website, which includes, without limitation, use of the foregoing to: (a) post or store material or information that, is or to a reasonable person may be unlawful, harmful, tortious, abusive, obscene, pornographic, defamatory, libelous, harassing, invasive of another’s privacy, offensive, vulgar, threatening, malicious, hateful or racially, ethnically or otherwise objectionable; (b) post or store files, graphics, software or other material or information that actually or potentially infringes the rights of any person, including, without limitation, the copyright, trademark, patent, trade secret or other intellectual property rights, or privacy, moral or publicity rights, of any person; (c) interfere, disrupt or attempt to gain unauthorized access to other accounts on the Website or any other computer network; (d) post or store viruses, Trojan horses or any other malicious code or program designed to interrupt, destroy or limit the functionality of any computer software, hardware, system or telecommunications equipment; (e) post or store any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or other fraudulent schemes, or any other form of solicitation; (f) violate the Food Channel Rules of User Conduct, located at https://foodchannel.com/conduct/, and incorporated herein by reference; or (g) engage in any activity that, as determined by Food Channel, may intentionally or unintentionally violate these Terms of Use, violate any applicable laws or regulations or conflict with the spirit or intent of these Terms of Use.
If you are photographed, filmed, or recorded by Food Channel or its agents (including through any recording or screen capture functionality within the Website) in connection with your use of any Website or any Food Channel product research or promotion (a “Recording“), then by using the Website, which you acknowledge is sufficient consideration, you hereby grant Food Channel and its licensees and designees a perpetual, irrevocable, worldwide, royalty-free, fully-paid-up permission to use, copy, distribute, modify, create derivative works of, publish, and display the Recording in any form of Media and by any means: (a) as part of or in connection with the Website or any other Food Channel products or services, including Food Channel research and development; (b) as part of or in connection with the sale, promotion, or advertising of Food Channel or third-party products or services; and (c) any other lawful purpose whatsoever; in each case, alone or in combination with other materials. Nothing in this paragraph will constitute any Food Channel obligation to make use of the rights granted by you in this paragraph. You also agree that the rights granted by you to Food Channel in this paragraph do not conflict with any of your existing commitments. You hereby: (i) waive any right to inspect or approve any works that may be created with or from the Recording; (ii) waive any and all moral rights you may have in the Recording; and (iii) release Food Channel, its agents, employees, licensees, partners, successors, and assigns from any and all claims you may have now or in the future, whether known or unknown, for invasion of privacy, right of publicity, trademark infringement, copyright infringement, defamation, or any other cause of action arising out of the product research study, the filming, use, reproduction, adaptation, distribution, broadcast, performance, or display of the Recording.
You agree that your User Content will comply with: (i) the FTC’s Guidelines Concerning the Use of Testimonials and Endorsements in Advertising; (ii) the FTC’s Disclosures Guide; and (iii) the FTC’s Native Advertising Guidelines; and any other guidelines issued by the FTC from time to time (the “FTC Guidelines“), as well as any other advertising guidelines required under applicable law.
For example, if you have been paid or provided with free products in exchange for discussing or promoting a product or service through the Website, or if you are an employee of a company and you decide to discuss or promote that company’s products or services through the Website, you agree to comply with the FTC Guidelines’ requirements for disclosing such relationships. You, and not Food Channel, are solely responsible for any endorsements or testimonials you make regarding any product or service through the Website. Food Channel may immediately suspend or terminate your use of the Website or your associated Food Channel account for any breach of this Section.
We do not endorse any users of our Website or any third parties you may be exposed to or interact with in connection with our Website, nor do we endorse any Food Channel Materials available through or on our Website. In addition, although these Terms require our users to provide accurate information, we do not confirm or attempt to confirm any user’s purported identity or any other information or materials that any such user may make available through our Website as Content.
You are solely responsible for determining the identity and suitability of others who you contact via the Website, and assessing the safety, quality, accuracy, and health risk associated with any Content made available through the Website. We will not be responsible for any damage or harm (including any personal injury or property damage) resulting from your interactions with other users and third parties. By using the Website, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against the particular person, entity, or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Food Channel with respect to such actions or omissions.
We may email or provide you coupons, offers, and other specials from third parties (collectively “Promotions“). Tastemade is not responsible for the redemption, errors, omissions, or expiration of Promotions. All Promotions featured as a part of the Services are subject to change without notice and we have no control over their legality or the ability of any merchant to complete the Promotion (including the sale in accordance with the offer).
Food Channel uses reasonable efforts to maintain the Website. However, Food Channel is not responsible for any defects or failures associated with the Website, any User Content posted using the Website, or any damages (such as lost profits or other consequential damages) that may result from such defects or failures. The Website may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions, (b) periodic maintenance procedures or repairs which Food Channel may undertake from time to time, or (c) causes beyond the control of Food Channel or which are not foreseeable by Food Channel. In addition, Food Channel makes no guarantees as to the websites and information located worldwide throughout the Internet that you may access as a result of your use of the Website, including as to the accuracy, content, or quality of any such sites and information.
Food Channel does not control the User Content posted by its users, nor does it have any obligation to monitor such User Content for any purpose. While Food Channel does not have any monitoring obligations, Food Channel reserves the right to remove any material that it deems inappropriate, potentially inappropriate, offensive, illegal, or harmful in any respect, or that may violate these Terms of Use. Because the User Content offered via the Website is provided by other users and because Food Channel does not monitor or exercise control over the User Content, Food Channel does not make any warranties or representations regarding any User Content offered via the Website or its quality. Food Channel does not necessarily approve, endorse, sanction, encourage, verify, or agree with any message posted by its users or otherwise embodied in the Content. You understand that by using the Website, you may be exposed to Content that may be offensive, indecent, vulgar, defamatory, or otherwise objectionable, and that in no way shall Food Channel be liable under any theory for such exposure.
Food Channel is not a backup service for storing User Content, and Food Channel shall have no liability regarding any loss of User Content. You are solely responsible for creating backups of any User Content you post using the Website.
THE Website, ANY USER CONTENT, AND ANY PRODUCTS OR SERVICES PROVIDED VIA THE Website ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND AT YOUR SOLE RISK. FOOD CHANNEL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WITHOUT LIMITATION, FOOD CHANNEL MAKES NO WARRANTY THAT THE Website, ANY USER CONTENT OR ANY PRODUCTS OR SERVICES PROVIDED VIA THE Website WILL MEET YOUR REQUIREMENTS, THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE FOREGOING OR ANY INFORMATION FOUND ON THE Website WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY USER CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED THROUGH THE Website WILL MEET YOUR EXPECTATIONS.
ANY USER CONTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Website IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU THROUGH THE Website OR ANY PRODUCT, SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FOOD CHANNEL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, LOSS OF OR INJURY TO LIFE OR OTHER INTANGIBLE LOSSES (EVEN IF FOOD CHANNEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE Website, THE USER CONTENT, OR ANY PRODUCTS OR SERVICES PURCHASED VIA THE Website; (B) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE Website OR OTHERWISE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, USER CONTENT OR DATA; OR (D) ANY OTHER MATTER RELATING TO THE Website, THE USER CONTENT OR THE PURCHASE OF FOOD CHANNEL’S PRODUCTS OR SERVICES. IN NO EVENT SHALL FOOD CHANNEL’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE Website, SELLING OR PURCHASING THE USER CONTENT OR PURCHASING FOOD CHANNEL’S PRODUCTS OR SERVICES OR ANY AMOUNT RETAINED BY FOOD CHANNEL FOR PROVIDING THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless Food Channel, its officers, members, directors, employees and agents from and against any claims, liabilities, damages, losses or expenses, including attorneys’ fees and costs and expenses, arising out of or in any way connected with (a) your access to or use of the Website, (b) any User Content you post via the Website, (c) a breach or alleged breach by you of any of your representations, warranties, covenants or obligations under this Agreement, (d) infringement or misappropriation of any intellectual property or other rights or third parties by you, (e) any negligence or willful misconduct by you, (f) any other claim related to your performance under this Agreement, or (g) any services or products provided by Food Channel.
You agree that Food Channel, in its sole discretion, may terminate your use of the Website at any time and without notice to you, and remove and discard any Content, in the event you violate these Terms of Use. You agree that Food Channel may immediately suspend your account and your access to the Website to conduct an investigation in the event it believes you have violated these Terms of Use. Food Channel may also, in its sole discretion and at any time, discontinue providing the Website, any part thereof, any User Content, or any products advertised thereon, with or without notice. Further, you agree that Food Channel shall not be liable to you or any third party for any termination or suspension of your access to the Website, removal of User Content, or sale of any products. You may terminate this Agreement at any time by immediately discontinuing all access to the Website and by providing notice to Food Channel of such discontinuance. Termination or cancellation of this Agreement shall not affect any right or relief to which Food Channel may be entitled at law or in equity.
Governing Law and Other Miscellaneous Terms The parties and their respective personnel are and shall be independent contractors, and neither party by virtue of this Agreement shall have any right, power, or authority to act or create any obligation, express or implied, on behalf of the other party.
You acknowledge and agree that any expenses that you incur in furtherance of this Agreement are voluntary in nature and are made with the knowledge that this Agreement may be terminated as provided herein. You shall not make a claim against Food Channel, and Food Channel shall not be liable with respect to the recoupment of any expenditures or investment made by you in anticipation of the continuation of this Agreement beyond the term hereof.
The parties agree that a breach of the provisions of this Agreement would cause irreparable harm and significant injury to Food Channel, which would be difficult to ascertain and not compensable by damages alone. As such, the parties agree that Food Channel has the right to enforce the provisions of this Agreement by injunction (without necessity of posting bond), specific performance, or other equitable relief without prejudice to any other rights and remedies Food Channel may have for your breach of this Agreement.
The validity and effect of these Terms of Use shall be governed by and construed and enforced in accordance with the laws of the State of California, USA, without regard to its conflicts or choice of laws principles. ANY SUIT, ACTION OR PROCEEDING CONCERNING THE Website, ITS USE, THESE TERMS OF USE, CONCERNING ANY SALE OR CONCERNING ANY OTHER PRODUCT, SERVICE, POLICY OR PROCEDURE OF FOOD CHANNEL, MUST BE BROUGHT IN A COURT OF COMPETENT JURISDICTION IN SAN FRANCISCO COUNTY, CALIFORNIA, AND YOU HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURT (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING. YOU IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT OR IMPROPER FORUM.
If any action at law or in equity is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.
The captions and headings of this Agreement are included for ease of reference only and will be disregarded in interpreting and construing this Agreement.
Suppose the performance of any part of this Agreement by either party (other than payment of money) is prevented, hindered, delayed, or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God, telecommunications failure, or any other causes beyond the control of either party. In that case, that party shall be excused from such to the extent that it is prevented, hindered, or delayed by such causes.
This Agreement, including any other agreements or additional terms referenced herein, constitutes the complete and exclusive statement of the Agreement between the parties with respect to the Website and products and services offered via the Website, and, unless otherwise expressly provided herein, it supersedes any prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Website and products and services sold via the Website. If any provision of this Agreement is found unlawful or unenforceable in any respect, the court shall reform such provision to render it enforceable or, if it is not possible to reform such provision to make it enforceable, then delete such provision. As so reformed or modified, the court shall fully enforce this Agreement. The provisions of this Agreement that by their content are intended to survive the expiration or termination of this Agreement, including, without limitation, provisions governing ownership and use of intellectual property, representations, disclaimers, warranties, liability, indemnification, governing law, jurisdiction, venue, remedies, rights after termination and interpretation of this Agreement, will survive the expiration or termination of this Agreement for their full statutory period.
The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement.
Food Channel makes no representation that Content or other material or information on the Website is appropriate to or available in locations outside of the United States. You may not use the website or export Content in violation of United States export laws, regulations, or restrictions. If you access the Website from outside of the United States, you are responsible for compliance with all applicable laws.
Food Channel respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Food Channel’s Copyright Agent the following information:
Please contact Food Channel’s Copyright Agent for Notice of Claims of copyright infringement at: info@foodchannel.com.
