— Terms
These Terms of Use (“Terms”) form a binding agreement between you and Food Channel Amaze Company LLC and its affiliates ( “Food Channel,” “we,” “us,” or “our”) and govern your access to and use of Food Channel — our creator-powered food and beverage content and commerce network, including foodchannel.com, our apps, content, and related features (the “Service”). By accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
These Terms include important provisions affecting your legal rights, including a mandatory arbitration clause and class action waiver in the Dispute Resolution section.
Food Channel is a destination to discover and enjoy creator-led food and beverage content — recipes, cooking and beverage content and more(the “Service”).
“You” refers to anyone who accesses or uses the Service, whether as a viewer, registered user, buyer, creator, or brand. If you use the Service on behalf of an organization, you represent that you have authority to bind it.
Food Channel is operated by Food Channel Amaze Company LLC, a subsidiary of Amaze Holdings, Inc. Where products are sold through Food Channel, they may be produced and fulfilled through Amaze Commerce or sold by third-party sellers. The Amaze Commerce Terms of Service [https://www.amaze.co/policies/commerce/terms-of-service] and Privacy Policy [https://www.amaze.co/policies/corporate/privacy-policy] apply to product sales through Amaze Commerce. Product sales through third-party websites are governed by the terms and conditions and privacy policies of such third-party websites.
These Terms incorporate by reference our Privacy Policy [www.foodchannel.com/privacy], Community Guidelines [https://amazelive.com/legal/community-guidelines], Prohibited Items Policy [https://amazelive.com/legal/prohibited-items], and any feature-specific terms (including the Amaze Commerce, Amaze Live, and Amaze Media terms). If a conflict arises, the feature-specific terms govern for that feature.
Viewing general content may be open to a general audience; however, creating an account, transacting, or participating in a livestream or commerce requires you to be at least 18 years old.
Where accounts are offered, you agree to provide accurate information, keep it current, and safeguard your credentials. You are responsible for activity under your account; notify us at security@foodchannel.com of unauthorized access.
The Service is currently intended for users in the United States. You represent that you are not subject to U.S. sanctions and are not on any U.S. government restricted-party list.
Content on the Service is created by creators and brands and made available under separate agreements with them. We do not warrant the accuracy, completeness, or reliability of any content, including recipes, nutritional information, allergen information, instructions, or claims. Any reliance you place on such content is at your own risk. Always verify allergens, food-safety practices, and dietary suitability independently.
Where the Service presents products, those products are sold by third-party creators, brands, or merchants, or fulfilled through Amaze Commerce, and are subject to the terms and conditions of the third-party site or Amaze Commerce, as applicable.. Food Channel does not manufacture, warrant, or guarantee any product and makes no representations about its accuracy, quality, safety, or legality. Disputes about a product are between you and the seller.
The Service may link to third-party sites (including creators’ social profiles and merchant sites). We do not control and are not responsible for their content, practices, or terms, and a link is not an endorsement. When you click a link to a third-party site, you become subject to the terms and conditions and privacy policy of such third-party site.
“User Content” means content you submit to the Service, including comments, reviews, livestream chat and reactions, profile information, and any content creators submit.
You retain ownership of your User Content and grant Food Channel and its affiliates a limited, perpetual, irrevocable, non-exclusive, royalty-free, worldwide, transferable, sublicensable license to host, store, reproduce, display, perform, distribute, modify (for technical purposes), translate, and create derivative works of (for purposes such as resizing, captioning, clipping, and promotion) your User Content in connection with operating, providing, improving, and promoting the Service.
You represent that you own or have all necessary rights to your User Content and that it does not infringe any third party’s rights or violate any law. We have no obligation to monitor User Content but may remove or restrict it at our discretion.
Under no circumstances will Food Channel be liable in any way for any content or materials of any third parties (including User Content), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content or materials. To the maximum extent permitted under applicable law, the third party providers of such content and materials are express and intended third party beneficiaries of these Terms with respect to their content and materials.
You agree not to use the Service to:
Our Community Guidelines [https://amazelive.com/legal/community-guidelines] further describe content and conduct expectations. A violation of the Community Guidelines is a violation of these Terms.
Food Channel may, at our discretion and without notice, remove content, restrict features, suspend accounts, or terminate accounts in response to violations of this section, our Community Guidelines, or our other policies.
The Service, including its software, design, logos, and trademarks, is owned by Food Channel or its licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for purposes consistent with these Terms.
All rights not expressly granted to you in these Terms are reserved by Food Channel and its licensors.
“Food Channel” and our logos are trademarks. You may not use them without our written permission. Nothing in these Terms should be construed as granting any license or right to use any Food Channel trademarks displayed on the Service. All goodwill generated from the use of Food Channel trademarks will inure to Food Channel’s exclusive benefit.
We respect intellectual property rights and respond to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512.
If you believe content on the Service infringes your copyright, send a written notice to our designated agent containing:
Notices may be sent to: T.J. Dammrich, 29 N. Ada St., Chicago, IL 60607, Email: tj@merceroaklaw.com. Our DMCA agent is registered with the U.S. Copyright Office.
If you believe content you posted was removed in error, you may submit a counter-notice as provided in 17 U.S.C. § 512(g). We will follow the procedure set forth in the DMCA, including restoring content within 10–14 business days unless we receive notice of court action.
We will terminate accounts of users who repeatedly infringe copyright or other intellectual property rights.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, FOOD CHANNEL AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
You acknowledge that the Service is a beta release, that features may change or be discontinued, and that we may collect additional usage information to improve the Service consistent with our Privacy Policy.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL AMAZE OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100) OR (B) THE AMOUNT ACTUALLY EXCHANGED BETWEEN YOU AND AMAZE IN CONNECTION WITH THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow the exclusion of certain warranties or limitation of certain damages. To the extent any limitation in these Terms is unenforceable in your jurisdiction, the limitation will apply to the maximum extent permitted by law.
You agree to defend, indemnify, and hold harmless Amaze and its affiliates, officers, directors, employees, agents, and licensors from any claim, demand, loss, damage, cost, or expense (including reasonable attorneys’ fees) arising from or relating to:
We will notify you of any claim subject to indemnification and may, at our discretion, participate in or assume the defense. You will not settle any claim without our prior written consent.
You may stop using the Service at any time. We may suspend, restrict, or terminate your access at any time, with or without cause or notice, including for violations of these Terms, our policies, or applicable law. Provisions that by their nature should survive — including those on intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution — survive.
Before initiating any formal dispute, you agree to contact us at legal@foodchannel.com and provide a written description of the dispute and the relief you seek. The parties will attempt in good faith to resolve the dispute informally for at least sixty (60) days from receipt of the notice.
Any dispute that is not resolved informally and that arises out of or relates to these Terms or the Service will be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its applicable consumer arbitration rules. The arbitration will be conducted in Costa Mesa, California or, at your election, by video conference. Judgment on the award may be entered in any court of competent jurisdiction. YOU AND FOOD CHANNEL WAIVE ANY RIGHT TO A JURY TRIAL.
YOU AGREE TO RESOLVE DISPUTES ONLY ON AN INDIVIDUAL BASIS, AND YOU WAIVE ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, COORDINATED, CONSOLIDATED OR REPRESENTATIVE PROCEEDING OR ACTION. The arbitrator may not consolidate the claims of more than one person and may not preside over any form of representative or class proceeding.
To increase efficiency of administration and resolution of arbitrations, you and Food Channel agree that if 25 or more substantially similar arbitration demands are filed against Food Channel by or with the assistance of the same law firm, group of law firms, or organizations within a 90-day period: (i) the parties shall administer the arbitration demands in coordinated batches of up to 50 claimants each; (ii) only one batch may be filed, processed or adjudicated at a time; (iii) the arbitrator for each batch shall resolve threshold and common legal issues before individualized proceedings occur; (iv) statutes of limitation shall remain tolled for claims awaiting arbitration in later batches; (v) no other demands may proceed until the prior batch has concluded, including any appeals; (vi) the parties shall cooperate in good faith to implement procedures designed to reduce duplication and expense; and (vii) if this batching provision is determined unenforceable, the remaining arbitration agreement shall remain in effect.
Either party may bring an action in small-claims court or seek injunctive or equitable relief in court for the protection of intellectual property rights.
Any claim arising out of or relating to these Terms or the Service must be brought within one (1) year after the claim accrued, except where applicable law prohibits a shorter limitations period.
These Terms are governed by the laws of the State of Nevada, without regard to conflict-of-law principles, except where the Federal Arbitration Act governs the arbitration provisions in the Dispute Resolution section.
Subject to the Dispute Resolution section, any action that is permitted to be brought in court must be brought exclusively in the state or federal courts located in Costa Mesa, California, and you consent to personal jurisdiction in those courts.
We may update these Terms from time to time. The “Last Updated” date at the top reflects when the most recent changes took effect.
If we make material changes, we will notify you by email at the address associated with your account before the changes take effect, or by another reasonable means.
Your continued use of the Service after the effective date of any updated Terms constitutes acceptance of those updated Terms. If you do not agree, you must stop using the Service.
These Terms, together with our Privacy Policy, Community Guidelines, Prohibited Items Policy, and any feature-specific terms, are the entire agreement between you and Food Channel regarding the Service and supersede any prior agreements.
If any provision of these Terms is held invalid or unenforceable, the remaining provisions will continue in full force.
Our failure to enforce any provision of these Terms is not a waiver of that provision.
You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, sale of assets, or by operation of law.
Except as expressly stated, these Terms create no third-party beneficiary rights.
We are not liable for any failure to perform due to causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil disorder, labor disputes, governmental action, internet or utility failures, or pandemic.
We may give notices to you by posting on the Service, by email to your registered address, or by other reasonable means. You must give notices to us at the contact information below.
“Including” means “including without limitation.” Section headings are for convenience only and do not affect interpretation.
Questions about this document can be sent to: Food Channel Amaze Company, LLC — Legal, 150 Paularino, Suite D-200, Costa Mesa, CA 92626 Email: legal@foodchannel.com.