Special Foodie, LLC d/b/a Accommodating Table, (the “Website,” “our,” “we,” “us” or Accommodating Table) provides certain web-based services, which includes an online application that allows guests to create and share a profile which contains their favorite foods, those less favored, food allergies and dietary restrictions. A Host will be able to prepare the perfect meal by soliciting profiles of Guests expected for a certain dining event. Accommodating Table will then select recipes most suited to a host’s diners from the bank of Accommodating Table Recipes.
Last Revised: February 24, 2014
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We reserve the right to post, from time to time, additional rules that may apply to all or only a certain portion of the Website. Such additional rules will be posted in the relevant portions of the Website and are hereby incorporated into the Agreement by this reference. Your continued access, visitation and/or use of the Website constitutes your agreement to comply with these additional rules. You agree and acknowledge that you have an affirmative obligation to be aware of any amendments, revisions, supplements of other changes made to the Agreement.
Any breach, violation or failure to act in a manner consistent with the Agreement by you may lead to the suspension or termination of your account and/or your ability to access, visit and/or use all or any portion of the Website, with or without notice, in addition to any other remedies we or any other person may have. We reserve the right, in addition to any other remedies that may be available to us, to take any technical, legal, and/or other action(s) that we deem necessary and/or appropriate, with or without notice, to prevent violations of, and enforce, the Agreement and/or remedy any purported violations. You acknowledge and agree that, to stop or prevent any breach or violation of the Agreement by you, we have the right to seek and/or obtain an injunction or other equitable relief without posting a bond.
Among other things, the Agreement governs all text, images, graphics, illustrations, video, audio, games, trademarks, trade names, service marks, and other brand identifiers, designs, plans, software, source and object code, algorithms, data, statistics, analysis, formulas, indexes, registries, repositories, and all other content, information, and materials (collectively, “Content”) available on or through the Website, whether posted, uploaded, transmitted, sent or otherwise made available by us, our licensors, vendors and/or service providers, or by you and/or other users or third parties, including any such Content uploaded manually or bookmarked by you and/or other users.
2. Registration and account/profile creation
2.1. Registration Information
You agree, represent, warrant and guarantee that all Registration Information provided by you is true, accurate, complete, up-to-date and solely yours. You may not impersonate, imitate or pretend to be somebody else when registering and/or setting up an account/profile on the Website. If any of your Registration Information changes, you must update it promptly by using the Website feature that allows you to change or update your Registration Information. WE AND OUR INDEMNITEES (AS DEFINED BELOW), SHALL HAVE NO LIABILITY ASSOCIATED WITH OR ARISING FROM YOUR FAILURE TO MAINTAIN ACCURATE, COMPLETE OR UP-TO-DATE REGISTRATION INFORMATION, INCLUDING, WITHOUT LIMITATION, YOUR FAILURE TO RECEIVE SUBSCRIPTION AND PAYMENT INFORMATION. NEITHER WE NOR OUR INDEMNITEES SHALL BE RESPONSIBLE FOR VERIFYING YOUR REGISTRATION INFORMATION.
We reserve the right at any time, with or without notice, to remove or require a change to or repossess any password and/or User ID or other Website specific Registration Information. We also reserve the right to change the access means or methods for all or any portion of the Website.
You will be solely responsible for maintaining the confidentiality of your Registration Information. You may not authorize or permit anyone else to access and/or use your Registration Information or access, visit and/or use the Website by use of your account/profile and/or Registration Information. You may not access and/or use anyone else’s Registration Information or access, visit and/or use the Website by use of anyone else’s account/profile and/or Registration Information. You may not sub-license, transfer, sell, rent or assign your Registration Information to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of the Agreement.
You are solely responsible for all access or visitation to, usage of, or activity on, your account/profile, including, but not limited to, use of the account/profile by any person who uses your Registration Information, with or without authorization, or who has access to any computer, mobile or other device on which your account/profile resides or is accessible. You acknowledge and agree that we may, and you specifically authorize us to, process all transactions, including, without limitation, purchases and/or registration for additional merchandise, products and/or services, including, without limitation, Content, that are initiated by use of your Registration Information.
If you have a dispute with us relating to the Website or the Subscription Services, you may cancel the Subscription Services. The cancellation of Subscription Services is your only remedy with respect to any such dispute that you may have with us. We will attempt to process all cancellation requests within 72 hours after we receive your request. Any such termination or cancellation is subject to the no-refund policy described below. Please remember that if we determine, in our sole discretion, that you are not complying with any terms of conditions in this Agreement, we reserve the right to terminate your Subscription Services. Upon any termination or cancellation of your Subscription Services, we may immediately deactivate or delete your subscription service related features and content.
If you have reason to believe that your account/profile is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your Registration Information), you must immediately change the affected Registration Information and/or close the account/profile.
2.2. Fees and Payments
We and our licensors, vendors and/or service providers may charge you fees for merchandise, products and/or services (including, without limitation, Content) offered for sale, rental or auction on or through the Website and/or for access to certain portions of the Website. You agree to pay all fees and charges, including applicable taxes and surcharges, incurred through your activity on or through the Website and/or through your account/profile at the rates in effect for the billing period in which such fees and charges are incurred (such fees, charges, taxes, and surcharges are collectively referred to as “Fees”). Unless otherwise specified on the Website, all Fees will be quoted and charged in U.S. dollars. We and our licensors, vendors, and/or service providers reserve the right to institute or change the amount of or basis for determining, any Fees, and to institute new Fees, effective upon publication of such revised pricing on the Website.
If you submit a credit, debit or charge card number or other payment information to us, you authorize, give us permission and direct us to retain such information and to charge all Fees to such payment method.
We will generally charge Fees, if any, in advance, beginning upon your payment authorization and, if applicable, continuing on a daily, monthly, yearly, lump sum or other basis. We may, in our sole discretion, charge Fees to your designated payment method individually, or elect to aggregate Fees for some or all of your purchases. All Fees are due promptly and are non-refundable. You must notify us about any billing problems or discrepancy within thirty (30) days after they first appear on your statement; otherwise, you waive any right to challenge or dispute such problem or discrepancy.
If Fees cannot be charged to the payment method you designate, or payment is returned to us for any reason, including charge back, we reserve the right, in addition to our other remedies, to: (i) demand immediate payment of all outstanding Fees due to us from you; (ii) assess an additional 1.5 percent late charge or the highest amount allowed by law, whichever is lower; (iii) take any and all lawful steps necessary to collect Fees owed to us, provided that you will be responsible for all costs and expenses incurred in connection with such collection activity, including collection fees, court costs and attorneys’ fees; (iv) charge such Fees to any other payment method you have on file with us; and (v) terminate, discontinue, suspend and/or restrict your account/profile and/or your ability to access, visit and/or use all or any portion of the Website.
In addition, you are responsible for obtaining and maintaining, at your own expense, all equipment, hardware, software and telephone, mobile, wireless, Internet and other services necessary to access, visit and/or use all or any portion of the Website. If you are accessing the Website via a mobile device, your mobile carrier may charge you fees for data, text messaging and other mobile access or communications services.
2.3. Termination or Suspension of the Website, Your Use of the Website, and/or the Agreement
We reserve the right, in addition to our other remedies, to terminate, discontinue, suspend and/or restrict your access to and/or use of the Website or any portion thereof, including your account/profile and to reassign your User ID, for any or no reason, with or without notice.
Even if the Website, your ability to access, visit and/or use all or any portion of the Website and/or the Agreement is terminated, discontinued, suspended or restricted, whether by you or by us, we have no obligation to (but we may in our discretion) remove any Content, and therefore copies of all information with regard to your account/profile and/or Content you may have posted, uploaded, transmitted, sent or otherwise made available on or through the Website, may be retained and/or remain viewable by us and/or our licensors, vendors, service providers and/or other third parties, including other users. Nevertheless, we have no obligation to retain, store or provide you with any information with regard to your account/profile and/or Content you may have posted, uploaded, transmitted, sent or otherwise made available on or through the Website. All provisions of the Agreement shall survive the termination or expiration of the Agreement and/or your account/profile.
2.4 Communications to You
The communications between you and us usually use electronic means, whether you access, visit or use the Website or send us messages, or whether we post notices on the Website or communicate with you via messaging. For contractual purposes, you (a) consent to receive communications from us in electronic form and (b) agree that all notices, documents, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. You consent to receive communications and do business electronically, and your agreement to do so applies to all of your interactions and transactions with us.
You understand and agree that joining the Website may include receiving certain communications from us, such as transactional or relationship messages, and/or messages about your account/profile, and that these communications are considered part of your account/profile and you may not be able to opt out of receiving them without ceasing to be a registered user of the Website.
3. Proprietary rights
3.1. Rights relating to Content
Accommodating Table, SpecialFoodie, One Table Many Tastes, and other trademarks or service marks on this Website are marks of Accommodating Table or its affiliates or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Accommodating Table. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Accommodating Table, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Accommodating Table. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Website are the property of their respective owners. Accommodating Table might have other patents, patent applications, trademarks, copyrights, or other intellectual property rights covering the Content in any Web pages, and any software and technology part of the Website. Except to the extent we may have granted you licenses to certain intellectual property in this Notice, our providing you with such Web pages or any software does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.
3.2. Third-Party Content & Services
Accommodating Table may provide hyperlinks to sites such as search engines and content of third parties (“Third-Party Content”) as a service to those interested in this information. Accommodating Table does not monitor nor does Accommodating Table have control over any Third-Party Content. Accommodating Table does not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. Accommodating Table does not warrant the accuracy of any information contained on, and undertakes no responsibility to update or review, any Third-Party Content. Users use these hyperlinks and Third-Party Content contained therein at their own risk.
4. Rules of Usage
4.1. Use of the Website by You
The Website is not intended for users under the age of 13 and we do not knowingly collect personally identifiable information from users under the age of 13. Such users are expressly prohibited from registering for the Website or submitting their personally identifiable information to us and from using portions of the Website for which registration is required. Minors between the ages of 13 and 17, inclusive, must get permission of their parent(s) or legal guardian(s) before making any purchase, including the purchase of any Subscription Services.
You shall ensure that all equipment, hardware, software, products and/or services you use to access, visit, or use the Website does not disturb or interfere with our operation of the Website or impede or interfere with others’ access, visitation and/or use of the Website. We reserve the right, in addition to our other remedies, with or without notice, to immediately disconnect from the Website any equipment, hardware, software, product and/or services causing interference with us, our licensors, vendors, service providers, the Website or any Content.
Unless otherwise specified, the Website is intended for your personal, non-commercial use only. You are solely responsible for all usage of, or activities on, the Website by you and by those you authorize or allow to use, or provide access to, the Website, for example, by authorizing or allowing access to your account/profile or any computer, mobile or other device on which the Website resides or is accessible.
You acknowledge that we have not reviewed and do not necessarily endorse the Content of sites, applications, destinations or services linked to or accessible from the Website and are not responsible for the Content or actions of any other sites, applications, destinations or services.
You must comply with all local, state, federal, provincial, national, international, and foreign laws, rules, and regulations in accessing and using the Website and will immediately notify us if you learn of or suspect a security breach or any illegal activity in connection with the Website.
You must comply with all applicable import and export control laws, rules and regulations of the United States and other countries and you must not transfer, by electronic transmission or otherwise, any Content subject to restrictions under such laws, rules or regulations to a site, application, destination, location, person or entity, or for an end use, prohibited thereby. You will not post, upload, transmit, send or otherwise make available any Content on or through the Website that cannot be exported without prior government authorization or notification, including, without limitation, certain types of encryption software.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Content that is provided by us, our licensors, vendors and/or service providers, including, without limitation, photos, images, text, music, audio, videos, podcasts, trademarks, trade names, service marks and other brand identifiers, the organization, design, compilation and “look and feel” of the Website, and all advertising thereon, is protected by local, state, federal, provincial, national, international and foreign copyright, trademark and other intellectual property laws, rules and regulations and is the property of us or our licensors, vendors and/or service providers.
Certain Content may be made available to you on or through the Website for download, installation, and/or streaming on your computer, mobile or other device and/or via Real Simple Syndication (RSS). Such Content is subject to the same terms, conditions, limitations and restrictions applicable to all Content provided by us, our licensors, vendors and/or service providers. You must, in addition to all of your other obligations, use such Content only to the extent expressly authorized for the particular Content. You may not use such Content in a manner that exceeds such authorization.
4.2. Prohibitions on Use of the Website
Absent explicit prior written consent in certain situations, you may not, nor may you allow or promote that others, directly or indirectly, do any of the following for any reason:
- access and/or use anyone else’s Registration Information, or access, visit and/or use the Website by use of anyone else’s account/profile and/or Registration Information;
- make any commercial, advertising, promotional, or marketing use of the Website and/or Content obtained on or through the Website, except as permitted by the Copyright Act or other law or as expressly permitted in writing by the Agreement or the Website;
- impersonate, imitate or pretend to be somebody else, including, without limitation, by setting up different accounts/profiles or otherwise or falsely stating, representing or implying any affiliation, association or connection with a person or entity when using the Website;
- authorize or permit anyone else to access and/or use your Registration Information or access, visit and/or use the Website by use of your account/profile and/or Registration Information;
- falsely state, represent or imply any affiliation, association or connection between any person or entity, including, without limitation, you, your company or your site, application, destination or service, with the Website or our licensors, vendors and/or service providers;
- post, upload or otherwise make available on or through the Website any Content that constitutes junk mail, spam, pyramid schemes, chain letters, bulk unsolicited communications phishing, advertising and/or commercial offers, including, without limitation, touting or recommending any stocks or particular security, portfolio of securities, transaction or investment strategy;
- repeatedly post or otherwise make available on or through the Website the same Content multiple times in a day, week, or month;
- use any bots, cheats, macros, scripts, or run Maillist, Listserv or any form of auto-responder, or use any other automated process, or engage in meta-searching or periodic caching of information, to access, visit and/or use the Website, including, without limitation, to copy, harvest, crawl, index, scrape, spider, mine, gather, extract, compile, obtain, aggregate, capture or store any Content, including, without limitation, photos, images, text, music, audio, videos, podcasts, data, software, source or object code, algorithms, statistics, analysis, formulas, indexes, registries, repositories or any other information available on or through the Website, including by an automated or manual process or otherwise, if we have taken steps to forbid, prohibit, or prevent you from doing so;
- post, upload, or otherwise make available on or through the Website any software disabling devices, time bombs, Trojan horses, cancelbots, viruses, worms, bugs, corrupted files, spyware, adware, malware, malicious programs or code or devices or defects of similar nature;
- disrupt, overwhelm, attack, hack, damage, disable, tamper or interfere with, the Website, including, without limitation, any Content, communications, programming, hardware, functionality, or features on our networks, servers or databases, or interfere with others’ access, visitation, and/or use of the Website, in any way or by any means, including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Website or otherwise.
- use any language, or post, upload, transmit, send or otherwise make available on or through the Website any Content, that is or could reasonably be construed to be: (i) abusive, intimidating, bullying, harassing, hateful, violent, victimizing, degrading or disparaging of any person; (ii) hateful, violent, victimizing, degrading or disparaging of any group based on race, gender, religion, national origin, disability, sexual orientation or age, or otherwise engage in what we deem to be racism, sexism, ageism, religious intolerance, bigotry, ethnic slurs, or homophobia.
- use any language, or post, upload, transmit, send or otherwise make available on or through the Website any Content, that may or is intended to enable, authorize, instruct, encourage, assist, suggest or promote activities that incite violence, constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, federal, provincial, national, international or foreign law, rule or regulation (e.g., drug use, underage drinking), including, without limitation, defamation, child pornography, fraud, or invasion of privacy.
- stalk others on or through the Website, or using information obtained on or through the Website, or otherwise contact other users in the physical world without their permission using information obtained on or through the Website.
- use any language, or post, upload, transmit, send or otherwise make available on or through the Website any Content, that is, or depicts any act deemed by us to be, pornographic, obscene, sexually explicit, perverse, illicit, indecent, lewd or lascivious.
- use any language, or post, upload, transmit, send or otherwise make available on or through the Website any Content, that we deem to be offensive, immoral, vulgar, crude or harmful.
- post, upload, transmit, send or otherwise make available on or through the Website any Content that you are bound to not disclose, whether by agreement, contract, fiduciary duty, employment relationship or otherwise, such as insider information, proprietary and/or confidential information, or trade secrets.
- provide professional advice or post, upload, transmit, send or otherwise make available on or through the Website any Content intended to provide professional advice about medical, health, legal, tax, financial or investment issues, or to solicit, recommend, or endorse any securities or financial instruments, or suggest that a particular transaction or investment strategy is suitable for you or any specific person.
- discuss the mechanics of sweepstakes, contests, auctions, flash sales or similar promotions available on or through the Website, or attempt to manipulate, corrupt or otherwise affect the outcome of any such promotions, or post, upload, transmit, send, or otherwise make available on or through the Website any Content that may, or is intended to, enable, authorize, instruct, encourage, assist, suggest, inform, or promote activities that may subvert or not comply with the rules, restrictions, and/or limitations applicable to such promotions.
- post, upload, transmit, send or otherwise make available on or through the Website any Content that infringes, violates, or breaches the copyright, trademark, trade secret or any other personal or proprietary right of us, our licensors, vendors, service providers, other users and/or any third party.
- copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete or erase any copyright, service mark, patent, patent pending, or trademark or other proprietary legends, symbols, marks or notices on the Website, or attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of Content.
- copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, erase, reverse engineer, decipher, decompile, disassemble, or otherwise attempt to derive any source code or underlying ideas or algorithms of the Website, in whole or in part, including, without limitation, any Content, communications, messaging, programming, hardware, functionality, or features on our networks, servers or databases or otherwise reduce the Website, in whole or in part, to a human perceivable form.
CAUTION: ANY ATTEMPT TO DO ANY OF THE FOREGOING PROHIBITED ACTS, OR TO OTHERWISE UNDERMINE THE OPERATION OF THE WEBSITE, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT, IN ADDITION TO OUR OTHER REMEDIES, TO SEEK DAMAGES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
4.3. Comments on the Website are Not Necessarily Endorsed by Us
Any Content posted, uploaded or otherwise made available on or through the Website, including advice and opinions, are the views and responsibility of those who post such Content and do not necessarily represent our views or the views of our licensors, vendors and/or service providers. You agree that we and our licensors, vendors and/or service providers are not responsible, and shall have no liability to you, with respect to any Content posted, uploaded or otherwise made available on the Website, including Content that violates the Agreement.
4.4. Use of Content Supplied by You
Except as expressly provided otherwise in the Agreement, you or the owner of any Content you post, upload or otherwise make available on or through the Website retain ownership of all rights, title, and interests in such Content. We do not claim any ownership in any Content. However, to be able to legally provide you with and promote the Website, we have to have certain rights to use such Content in connection with the Website, as set forth below. In return, we also grant you certain use rights to the Content that we (or our licensors) own and use to provide the Website to you and other Users, as set forth in the Agreement. By submitting, disclosing, or offering any recipe, review, photograph, image, video, “favorites” list, comments, feedback, postcards, suggestions, ideas, notes, drawings, concepts, and other information, content or material, or other item (each, a “Submitted Item”) to Accommodating Table, either online or offline and whether or not solicited by Accommodating Table, you hereby grant to Accommodating Table an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense (with the right to sublicense through unlimited levels of sublicensees), and otherwise commercially and non-commercially make use of your Submitted Items and all copyright, trade secret, trademark, or other intellectual property rights therein, in any manner or medium now existing or hereafter developed (including but not limited to print, film, or electronic storage devices), without compensation of any kind to you or any third party. You hereby represent and warrant (a) you have all necessary right, power, and authority to grant the license set forth herein to your Submitted Item, and (b) your Submitted Item does not violate, misappropriate, or infringe any copyright, trade secret, trademark or other intellectual property right of any third party. You will take, at Accommodating Table’s expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by Accommodating Table to effect, perfect, and confirm the license granted to Accommodating Table to your Submitted Item as set forth herein. You should make copies of or otherwise back-up any and all Submitted Items that you may wish to retain.
Publication or use of any Submitted Items is at the sole discretion of Accommodating Table and Accommodating Table is under no obligation to publish or use any Submitted Item. If your Submitted Item is published, used and/or posted on the Website or otherwise used by Accommodating Table, we may include your name, likeness, photo or biographical information in conjunction with such publication, posting, or use. By submitting, disclosing, or offering a Submitted Item, you hereby grant Accommodating Table the right to use your name in connection with the publication, use or posting of your Submitted Item. You must include your full name and e-mail address with your Submitted Item so we can contact you if we have any questions about your Submitted Item; however, only your name and not your e-mail address will be published with your Submitted Item.
Please be aware that Content you disclose in publicly accessible portions of the Website may be available to other users, so you should be mindful of personally identifiable information and sensitive Content you may wish to post. WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF CONTENT OR PERSONALLY IDENTIFIABLE INFORMATION YOU POST, UPLOAD, TRANSMIT, SEND OR OTHERWISE MAKE AVAILABLE ON THE WEBSITE.
Notwithstanding the foregoing, Accommodating Table, its licensors, vendors and/or service providers shall not have any access to any SpecialFoodie profiles stored in any Host Account. No SpecialFoodie profile completed by a Guest shall be shared by Accommodating Table with any party except the Host to whom the Guest has released such profile.
4.5. Editing, Additions and Deletions
We reserve the right, but undertake no duty, in our sole discretion, with or without notice, to review, edit, move, add, delete, or otherwise change any features, functionality and/or Content available on or through, or downloadable from, the Website, including, without limitation, any Content in your account/profile or any recipes, photos, messages, posts or threads. This includes updates or upgrades to Content, whether automatic or otherwise. You agree to accept, and to take no action to interfere with, automatic upgrades or updates. Any changes to the Website may not be consistent across all platforms, computers or devices. If you do not refresh the Website after each such change, or download the update(s) or upgrade(s), your experience may not reflect the most recent features, functionality and/or Content, for which we and our Indemnitees disclaim any and all responsibility and liability. If any changes require you to obtain new, additional or different equipment, hardware, software and/or telephone, mobile, wireless, Internet and/or other services, you are solely responsible for any additional expense. Even after Content is removed from your account/profile, photos, recipes, messages, posts and/or threads, regardless of whether such removal or deletion is by you or by us, may be retained and/or remain viewable by us, our licensors, vendors, service providers and/or other third parties, including other users.
5. Monitoring and Complaints Against Other Users
We may monitor activity on the Website from time to time to ensure an enjoyable experience for all users of the Website. Monitoring may include community and public discussion or commenting areas, photo and video galleries and elsewhere. You hereby specifically agree to such monitoring. Nonetheless, we make no representations and can give no assurances that: (1) the Website, or any portion thereof, will be monitored for accuracy or unacceptable use, (2) apparent statements of fact will be authenticated, or (3) we will take any specific action (or any action at all) in the event of a challenge or dispute regarding compliance or non-compliance with the Agreement. We generally do not pre-screen Content before it is posted, uploaded, transmitted, sent or otherwise made available on or through the Website by users, so you may be exposed to Content that is offensive or otherwise inappropriate, including Content that violates the Agreement.
5.2. What to Do if You Have a Complaint Against Another User
If you, while using the Website, are exposed to offensive or otherwise inappropriate material and wish to lodge a legitimate complaint about such material or the user you believe is responsible, please do the following:
- Harassment: If you have reason to believe that another person is using the Website in a way that is harmful to you (e.g., to impersonate or imitate you, or to stalk, bully, threaten, intimidate or otherwise harass you), we urge you to contact your local authorities or appropriate state or federal agencies.
- CyberCrime: If you have reason to believe you may be the victim of an online crime, such as identity theft, fraud, infringement, or hacking, you may contact the Internet Crime Complaint Center, at www.ic3.gov, a partnership between the Federal Bureau of Investigation (FBI), the National White Collar Crime Center (NW3C), and the Bureau of Justice Assistance (BJA).
FALSE OR INACCURATE ACCUSATIONS THAT OTHERS HAVE COMMITTED A CRIME, INAPPROPRIATE ACT OR VIOLATION OF THE AGREEMENT COULD BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAW OR OTHERWISE EXPOSE YOU TO LIABILITY FOR DAMAGES (INCLUDING COSTS AND ATTORNEYS’ FEES).
5.3 Copyright Complaints
We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at our discretion, in addition to our other remedies, terminate, discontinue, suspend and/or restrict the account/profile or ability to access, visit, and/or use the Website of users who infringe the copyright rights of others and we may choose to remove, delete, erase, or disable access to Content deemed to be infringing. It is our policy to terminate the access of repeat infringers.
If you have reason to believe that your Content has been copied and/or is accessible on the Website in a way that constitutes copyright infringement, or that the Website contains links or other references to another site, application, destination or service that contains Content or activity that infringes your copyright rights, you may notify us by providing a document via first class U.S. mail or e-mail that includes the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512):
- A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at the Website are covered by a single notification, a representative list of such works at the Website;
- Identification of the copyrighted work that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate such copyrighted work;
- Information reasonably sufficient to enable us to contact the complaining party, such as an address, telephone number and, if available, an e-mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the copyrighted work in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is either the owner of an exclusive right that is allegedly infringed or the authorized representative of the owner.
MISREPRESENTATIONS MADE IN A NOTICE CLAIMING THAT CONTENT OR ACTIVITY IS INFRINGING VIOLATES THE DIGITAL MILLENNIUM COPYRIGHT ACT AND MAY EXPOSE THE COMPLAINING PARTY TO LIABILITY FOR DAMAGES (INCLUDING COSTS AND ATTORNEYS’ FEES). COURTS HAVE FOUND THAT YOU MUST CONSIDER COPYRIGHT DEFENSES, LIMITATIONS OR EXCEPTIONS BEFORE SENDING A NOTICE. ACCORDINGLY, IF YOU ARE NOT SURE WHETHER CONTENT RESIDING ON OUR WEBSITE INFRINGES YOUR COPYRIGHT, WE SUGGEST THAT YOU FIRST CONTACT AN ATTORNEY. IN ADDITION, PLEASE DETERMINE WHETHER THE CONTENT YOU ARE SENDING A NOTICE ABOUT IS ACTUALLY RESIDING ON THE WEBSITE BEFORE SENDING THE NOTICE.
Notification of purported copyright infringement should be sent to our Copyright Agent at the following address:
Special Foodie, LLC
P.O. Box 202472
Denver, CO 80220
Attn: Copyright Infringement
PLEASE NOTE: THE INFORMATION WE PRESENT HERE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT LEGAL ADVICE.
6. Disclaimers, Indemnity, Governing Law, and Disputes
6.1. Disclaimer of Warranty and Limitation of Liability
CERTAIN FEATURES, FUNCTIONALITY, AND/OR CONTENT OFFERED ON OR THROUGH THE WEBSITE MAY BE HOSTED, ADMINISTERED, RUN OR OTHERWISE PARTICIPATED IN BY THIRD PARTIES. THESE WEBSITE PROVIDERS MAY REQUIRE THAT YOU AGREE TO THEIR ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS AND/OR RULES. YOUR COMPLIANCE WITH ANY SUCH ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS AND/OR RULES IS SOLELY YOUR RESPONSIBILITY AND WILL HAVE NO EFFECT ON YOUR CONTINUING OBLIGATION TO COMPLY WITH THE AGREEMENT WHEN USING THE WEBSITE. WE AND OUR INDEMNITEES SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE ACTS OR OMISSIONS OF SUCH THIRD PARTIES.
YOU ACKNOWLEDGE THAT YOU ARE USING THE WEBSITE AT YOUR OWN RISK. THE WEBSITE IS PROVIDED “AS IS,” “WITH ALL FAULTS” AND ON AN “AS AVAILABLE” BASIS, AND WE AND OUR INDEMNITEES HEREBY EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND GUARANTEES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING, BUT NOT LIMITED TO, THE ACCURACY OR COMPLETENESS OF ANY CONTENT CONTAINED THEREIN OR PROVIDED BY US OR THE WEBSITE. WE AND OUR INDEMNITEES DO NOT REPRESENT, WARRANT OR GUARANTEE THAT ACCESS TO THE WEBSITE AND/OR COMMUNICATIONS OR MESSAGING FROM OR TO US OR YOU WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE, OR THAT THERE WILL BE NO FAILURES, DELAYS, INACCURACIES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED CONTENT, OR THAT NO SOFTWARE DISABLING DEVICES, TIME BOMBS, VIRUSES, WORMS, BUGS, OR DEVICES OR DEFECTS OF SIMILAR NATURE WILL BE TRANSMITTED ON OR THROUGH THE WEBSITE, AND WE AND OUR INDEMNITEES WILL NOT BE LIABLE IN THE EVENT OF ANY SUCH OCCURRENCE.
WE AND OUR INDEMNITEES ARE NOT RESPONSIBLE FOR INCOMPLETE, INCORRECT, LOST, DELAYED, LATE, MISDIRECTED, GARBLED, DAMAGED, ILLEGIBLE, UNDELIVERABLE, OR INCOMPLETELY RECEIVED COMMUNICATIONS OR MESSAGING FROM OR TO US OR YOU FOR ANY REASON, INCLUDING BY REASON OF HARDWARE, SOFTWARE, BROWSER, NETWORK, COMMUNICATIONS SYSTEM FAILURE, MALFUNCTION, DELAY, OR CONGESTION, OR ANY INCOMPATIBILITY AT OUR SERVERS OR ELSEWHERE, OR FOR ANY OTHER TECHNICAL PROBLEMS, ANY FORM OF ACTIVE OR PASSIVE FILTERING BY A USER’S COMPUTER, MOBILE OR OTHER DEVICE OR ACCESS PROVIDER, INSUFFICIENT SPACE ON USER’S COMPUTER, MOBILE OR OTHER DEVICE OR ACCOUNT/PROFILE, OR ANY OTHER CAUSE OR COMBINATION THEREOF.
WE AND OUR INDEMNITEES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF OR OTHERWISE IN CONNECTION WITH THE AGREEMENT, THE WEBSITE, THE SALE, PURCHASE, RECEIPT, USE OR MISUSE OF ANY INFORMATION, MERCHANDISE, PRODUCTS AND/OR SERVICES MADE AVAILABLE THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, CONTENT, YOUR ABILITY OR INABILITY TO ACCESS, VISIT AND/OR USE THE WEBSITE, INCLUDING DAMAGE TO YOUR COMPUTER, MOBILE OR OTHER DEVICE, OR FOR SOFTWARE DISABLING DEVICES, TIME BOMBS, VIRUSES, WORMS, BUGS, OR DEVICES OR DEFECTS OF SIMILAR NATURE ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, YOUR ACCESS, VISITATION, AND/OR USE OF, OR RELIANCE ON, THE WEBSITE OR ANY OF THE MERCHANDISE, PRODUCTS, SERVICES AND/OR CONTENT AVAILABLE ON OR THROUGH THE WEBSITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR LIABILITY TO YOU EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU DURING THE ONE MONTH PERIOD IN WHICH THE CLAIM AROSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE AGREEMENT IS NOT SUBJECT TO THE LAWS OF SUCH STATES, BUT TO THE EXTENT A CLAIM IS BROUGHT THEREIN, OUR LIABILITY AND WARRANTIES ARE LIMITED TO THE EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
6.2. Products and/or Services Available on or through the Website
Though we may receive compensation for some purchases made through the Website, we are not responsible for the sale of any products or services via websites run by third parties to which the Website may provide a link. WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WITH RESPECT TO ANY MERCHANDISE, PRODUCTS, AND/OR SERVICES, INCLUDING, WITHOUT LIMITATION, CONTENT, FEATURED, MENTIONED, DESCRIBED, AUCTIONED, DISTRIBUTED, GIVEN AWAY, RENTED, SOLD, OR OTHERWISE AVAILABLE ON OR THROUGH THE WEBSITE. UNLESS OTHERWISE STATED, ALL TRANSACTIONS FOR MERCHANDISE, PRODUCTS, AND/OR SERVICES, INCLUDING, WITHOUT LIMITATION, CONTENT, SHALL BE BETWEEN THE USER AND THE THIRD PARTY SELLER, DISTRIBUTOR OR MANUFACTURER WITHOUT ANY INVOLVEMENT BY ACCOMMODATING TABLE OR OUR INDEMNITEES. THESE THIRD PARTIES MAY REQUIRE THAT YOU AGREE TO THEIR ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS AND/OR RULES.
You agree to defend, indemnify and hold harmless Accommodating Table, its affiliates, and all of their officers, directors, members, employees, independent and sub-contractors, agents, suppliers, and licensors, successors and assigns (collectively, “Indemnitees”), from and against any and all claims, disputes, demands, proceedings, cause of action, judgments, damages, liabilities, losses, costs or expense (including, but not limited to reasonable attorneys’ fees) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (collectively, “Claims”), which may arise out of or are in any way connected with your access, visitation and/or use of the Website, your Content, unauthorized use of Content obtained on or through the Website, breach or alleged breach of the Agreement or from any of your acts or omissions in connection with the Website, including, but not limited to, personal injury or property damage or any Claim of infringement or violation of any third party rights or interests.
6.4. Mobile Participants
You understand and agree that various entities unaffiliated with us make up the “mobile ecosystem” that enables you to access, visit and/or use the Website via your computer, mobile or other device, including, without limitation, equipment, hardware and software manufacturers and providers, telephone, mobile, wireless, and Internet network providers and carriers, and sellers or providers of Content for use with the Website (collectively, the “Mobile Participants”). We do not represent, warrant or guarantee that all or any portion of the Website can be accessed via any mobile or other devices or via any carriers and service plans or is available in all geographic locations. ANY OF THE MOBILE PARTICIPANTS MAY REQUIRE THAT YOU AGREE TO ANY ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS AND/OR RULES THAT ANY OF THEM MAY HAVE. YOUR COMPLIANCE WITH ANY SUCH ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS AND/OR RULES IS SOLELY YOUR RESPONSIBILITY AND WILL HAVE NO EFFECT ON YOUR CONTINUING OBLIGATION TO COMPLY WITH THE AGREEMENT WHEN USING THE WEBSITE. WE AND OUR INDEMNITEES SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE ACTS OR OMISSIONS OF SUCH MOBILE PARTICIPANTS. From time to time, we may enter into agreements with one or more Mobile Participants that require us to make certain disclosures and pass along certain responsibilities to you. For such Mobile Participants, you specifically acknowledge and agree that: (i) the Agreement is between us and you and no Mobile Participant is a party to the Agreement; (ii) a Mobile Participant and/or its respective affiliates may become third party beneficiaries of the Agreement and, upon your acceptance of the terms and conditions of the Agreement, any such Mobile Participant will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you; (iii) the license granted to you hereunder is limited to a non-transferable license to use the Website on the particular device(s) authorized by the applicable Mobile Participant that you own or control and as permitted by such Mobile Participant’s applicable usage rules; (iv) no Mobile Participant has any obligation whatsoever in connection with the functionality or content of the Website or to furnish any maintenance or support services with respect to the Website; (v) in the event of any failure of the Website to conform to any applicable warranty, you may be able to notify the applicable Mobile Participant to receive a refund of all or part of the amount you paid for the Website, if any (to the maximum amount permitted by applicable law, no Mobile Participants will have any other warranty obligation whatsoever with respect to the Website); (vi) no Mobile Participant is responsible for addressing any claims, losses, liabilities, damages, costs or expenses by you or a third party relating to the Website or your possession, access, visitation and/or use of the Website, including, without limitation, (a) product liability claims; (b) any claim that the Website fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation; and (vii) in the event of any third party claim that the Website or your possession, access, visitation and/or use of the Website, infringes such third party’s intellectual property rights, no Mobile Participant is responsible for the investigation, defense, settlement and/or discharge of such claim.
6.5. Disputes and Jurisdiction
The Website is based in the United States. It is not designed, customized or intended for, or directed to, any other country. Those who choose to access, visit and/or use the Website do so on their own initiative and are responsible for compliance with local laws if, and to the extent, local laws are applicable. We make no representation, warranty or guarantee that the Website, or any merchandise, products, services and/or Content available on or through the Website are appropriate, available or legal in any particular geographic location.
In any dispute between you and us, your sole remedy is to stop using your account/profile and/or the Website, including, without limitation, cancelling any Subscription Services. You agree that in the event of any dispute between you and us, you will first contact us and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including, without limitation, any court action. In the event of any court action, all disputes will be resolved individually, without resort to any class action, and you specifically waive your right to a trial by jury. Furthermore, you agree that any cause of action must commence within one (1) year after the underlying issue first arose; otherwise, you waive any right to bring such cause of action and such cause of action is permanently barred.
You agree that, regardless of where you access, visit and/or use the Website, all issues concerning the construction, validity, interpretation and enforceability of the Agreement shall be governed and construed in accordance with the laws of the United States and the State of Colorado, without regard to any principles of conflict of laws. Any disputes that result in court action will be resolved exclusively by a state or federal court located in Denver, Colorado, and you specifically consent to the personal jurisdiction of such courts and waive any claim of an inconvenient forum (a/k/a “forum non-conveniens”). To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) and shall not include any indirect, punitive, incidental and/or consequential damages.
If for any reason a court of competent jurisdiction finds any provision of the Agreement, or any portion thereof, to be invalid or unenforceable, that provision or portion thereof will be enforced to the maximum extent permissible so as to effect the intent of the parties and the remainder of the Agreement will continue to be valid and enforceable in full force and effect.
7.1. Entire Agreement
7.2. No Waiver
Any delay or failure by us to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. No waiver by us shall have effect unless such waiver is set forth in writing, signed by us; nor shall any such waiver of any breach or default constitute a waiver of any other breach or default.
We may sub-license, transfer, sell or assign the Agreement, and/or any of our purported obligations hereunder, at any time to any person or entity, with or without notice. You may not sub-license, transfer, sell or assign the Agreement at any time to any person or entity and any attempt to do so will be null and void.
©2014-2017 Special Foodie, LLC d/b/a Accommodating Table. Copyright does not pertain to third party content.