We at SideChef (SideChef Inc. together with its parents, affiliates, and subsidiaries (which includes SideChef Group Limited) collectively “SideChef”) are committed to protecting your privacy and providing you with concise, transparent ,and easily accessible information about your information and personal data.
This Privacy Policy details how we collect, use and share your information which may include personally identifiable information (“Personal Data”) when you use the Services.
As you review our policy, keep in mind that it applies to all SideChef brands, products and services that do not have a separate privacy policy or that link to this policy, which we call the “SideChef Services” or “Services.”
Please read this Privacy Policy carefully. By accessing or using our Services or otherwise manifesting your assent to this Privacy Policy, you are acknowledging that you have read and agree to this Privacy Policy, and our Terms of Service and Copyright Policy, which are incorporated herein by this reference. Terms not defined in this Privacy Policy shall have the meaning set forth in our Terms of Service.
If you are located in the UK or European Economic Area, you should review the General Data Protection Regulation (“GDPR”) Notice below.
If you are a California resident you can find out about your privacy rights in section “9.California Privacy Rights”
To provide the SideChef Services, we must process information about you. The types of information we collect depend on how you use our Products.
Information you Provide us with. We collect the content and other information you provide when you use our Services, including when you create an account. For example: When you create an account you can add or change your display name or photos at any time, post comments, follow other users, block other users, report other users, and receive notifications relating to your preferences, including, but not limited to recipe updates and recommendations. We also collect information about how you use our Services, such as the types of content you view or engage with or the frequency and duration of your activities. When you create an account to use the Services you may do so with an email address or through Facebook, or Google, or an Apple account. Creating an account is optional and you may access our Services without doing so. However, please keep in mind certain aspects of the Services may not function properly or as intended unless you register and create an account.
Registration Information via Email. When you register to use our Services via your email address, you will be asked to provide your email address, a display name and password.
Registration By Third Party Social Network. If you register or log into your account through a third-party social network service, such as Apple ID, Facebook or Google, we will have access to some of your third-party account information from that service, such as your name, profile picture, unique identifier, email address, and other information in that account, as authorized by that service. You should review such third party social network’s privacy policy for more information about their data collection practices. You have the ability to disable the connection between our Services and your third-party account at any time. We will use your account name and profile picture associated with your third-party social network service to create your profile.
Grocery Shopping By Clicking on SideChef’s Shoppable Buttons/Links. If you click on SideChef’s shoppable buttons/links to purchase groceries, whether such shoppable buttons/links are located on SideChef’s platform or outside of SideChef’s platform, to allow us to send your grocery order to the e-commerce retailer and also to conduct product research and analysis, we will collect information such as recipe views, grocer taps, grocer checkouts and product swaps.
Content Partner Content on SideChef Platform. If you are a Content Partner, you may ask SideChef to post your recipes and blog entries onto the SideChef website or App. You understand that information you choose to make publicly available may be accessed by Users who use the Services. Users can modify push notification preferences within the App via Settings.
Content Partner Content on Content Partner Platforms. If you are a Content Partner and applied SideChef’s shoppable buttons or links to your Content Partner Portals that are websites, you grant us the right to crawl your website to collect ingredient information so we can share the ingredient information with the supported retailer for product matching purposes. We will also collect analytic information from users who click on SideChef’s shoppable buttons/links on your Content Partner Platforms.
Subscriber Financial Information. To access our subscription Services, Subscribers will be required to provide certain payment information, such as Subscriber’s credit card number, expiration date, bank account information, billing address, activation code, and similar information (collectively, “Payment Information”). Subscribers authorize our third-party payment vendors including, without limitation, Stripe and Paypal, to collect, process, and store your Payment Information in accordance with their respective privacy policies. We reserve the right to change our payment vendors at any time, or to use additional payment vendors, at our discretion, and will update this Privacy Policy from time to time accordingly.
Participating in SideChef Promotions or Contests. SideChef may offer the ability to participate in various promotions and contests on our Services from time to time. In electing to participate, you will be required to provide certain personal information, such as first and last name and email address to enable SideChef to track entrants and notify winners. All promotions or contests are limited to persons 18 years of age and older (on behalf of themselves or as the parent or legal guardian of entries submitted on behalf of minors). Please see our full sweepstakes terms and conditions here.
Device Information. We collect information from or about the computers, phones, or other devices where you install or access our Services, depending on the permissions you’ve granted. We may associate the information we collect from your different devices, which helps us provide consistent Services across your devices. Here are some examples of the device information we collect:
Images--EXIF Data. When you upload images onto our Services, please note that we will not remove the EXIF data that is contained in those images. EXIF is short for Exchangeable Image File Format, which is a standard that defines specific information related to an image or other media captured by a digital camera, containing information on the image such as shutter speed, camera exposure, date and time the image was taken and even GPS location. We will not use the EXIF data, but when you upload the images, you understand that the EXIF data will be stored by us as part of the images.
Information from Outside Sources We may receive information from other sources about your use of SideChef Services. For example, if you purchase groceries by clicking on our shoppable buttons/links, our e-commerce retailers will send us purchase information (in the aggregate and anonymized) such as the date of purchase, amount of purchase and commission earned by the referring recipe on that purchase.
Cookies Policy: Please see our full Cookie Policy here.
Connecting to a 3rd Party Appliance: If you connect a 3rd Party Connected Appliance to our Services, you will be required to provide us with certain credentials provided to you by the manufacturer of the 3rd Party Connected Appliance. Once your 3rd Party Connected Appliance is connected to our Services, information, including the below, may be collected:
We may also obtain the data from manufacturers of the components in your 3rd Party Connected Appliances, or from your other product/service providers, if you connect your 3rd Party Connected Appliance to their products or services (e.g., if you connect your 3rd Party Connected Appliance to a smart home hub). This information may be provided to us automatically.
When using our Services through voice activated assistants such as Amazon Alexa or Google Assistant, our Services may collect certain information automatically as part of the normal operation within the context of Amazon Alexa, Google Assistant or any other licensed source, which may include, but is not limited to, the content of your requests, your hardware device unique ID, a unique User ID, your previous usage of the Services, and/or information about the manner which you use the Services. The Services may collect precise information about the location of your hardware device. For detailed information collected by the underlying voice activated assistants’ platform, please consult that platform’s or source’s relevant terms and conditions.
We use the information we have (subject to the choices you make) as described below to improve, support and provide the SideChef Services.
Providing Services. We use the information to provide Services, including but not limited to account creation and registration, publication of recipe content for Users to access, providing the SideChef Grocery Shopping Technology, processing and recording payment transactions or transferring money to you, and pairing with 3rd Party Connected Appliances and voice-activated devices and provide related services.
Product research and development. We use the information we have to develop, test and improve our Services, including but not limited to conducting surveys, research, testing, troubleshooting new products and features. We may use information such as customer demographics, interests and behavior based on Personal Data provided to us, such as the number of “likes” for a specific recipe to determine how best to target our marketing and the products and services that we offer in certain geographic areas. This information and research may be compiled and analyzed on an aggregate basis and this aggregate information does not identify you personally and will not be treated as Personal Data under this Privacy Policy (“Aggregate Information”). To the extent that you have connected with a with 3rd Party Connected Appliances, voice-activated device and provided related services, we may use the information we have to help SideChef and other partners understand the use, effectiveness and distribution of their devices and services; and to assist in monitoring and troubleshooting errors and incidents, analyzing of web traffic, or optimizing the User experience; and to process and record payment transactions or transfer money to you.
Communication. We may use the information we have to communicate with you to share marketing emails, facilitate social sharing functionality and provide personalized experiences such as suggesting recipe content; and to the extent that you have a Subscription, tailor recipes, products, and service offerings.
We do not share, sell or rent to third parties your information except as described in this Privacy Policy. Examples of how we share your information are provided below:
Third party service providers. We, like many businesses, sometimes engage other companies to perform certain business-related functions on our behalf so that we can focus on our core business. Examples of these services include, but are not limited to, web hosting, grocery ordering, payment processing and authorization, fulfillment and shipping, marketing and promotional material distribution, website evaluation, social media management, data analysis and, where applicable, data cleansing. We authorize them to use this Personal Data only in connection with our data security and privacy standards.
Aggregate Data. Aggregate information does not identify you personally. We may share Aggregate Information with our affiliates, agents, and business partners. We may also disclose aggregated User statistics in order to describe the Services to current and prospective business partners and to other third parties for other lawful purposes.
Manufacturers of 3rd Party Connected Appliances. To the extent any data to be shared with manufacturers of 3rd Party Connected Appliance involves Personal Data, we authorize them to use this Personal Data only in connection with our data security and privacy standards.
SideChef Partners. We may share data with third parties but only if the data has been de-identified in a way so it cannot be used to identify you. We may share Personal Data about you only if you have consented to do so, with trusted partners that offer their products, content, and services to you so they can improve their products and services and customize their offerings to you. Examples of this may include but are not limited to; partners that offer free access to SideChef’s Subscriptions Services services, 3rd Party Connected and Unconnected Appliances Brands, and other 3rd Party Partners related to our business that provide products, content or services. We may share contact information with these other companies so that they can notify you of product and service offerings, determine if you qualify for products or services, and evaluate new and existing products or services. If you would like to opt-out of this sharing of Personal Data, please contact us via email at support@sidechef.com.
Business transfers. We may sell, assign, buy, transfer or otherwise acquire or dispose of certain of our businesses or corporate assets. In the event of such or similar event, Personal Data we collected from you may be part of the transferred assets. You acknowledge and agree that any successor to or acquirer of us will continue to have the right to use your Personal Data and other information in accordance with the terms of this Privacy Policy.
Third Party Analytics Providers. We use one or more third–party analytics services to evaluate your use of the Services, as the case may be, by compiling reports on activity (based on their collection of IP addresses, Internet service provider, browser type, operating system and language, referring and exit pages and URLs, data and time, amount of time spent on particular pages, what sections of the Services you visit, number of links clicked, search terms and other similar usage data) and analyzing performance metrics. These third parties might use cookies and other technologies to help collect, analyze, and provide us reports or other data.
By accessing and using the Services, you consent to the processing of data about you by these analytics providers in the manner and for the purposes set out in this Privacy Policy. For more information on these third parties, including how to opt out from certain data collection, please visit the sites below. Please be advised that if you opt out of any service, you may not be able to use the full functionality of the Services.
For Google Analytics, please visit: https://marketingplatform.google.com/about/analytics/
For Facebook Analytics, please visit: https://analytics.facebook.com/
For Pinpoint, please visit: https://aws.amazon.com/pinpoint/
For Appsflyer, please visit: https://www.appsflyer.com/
For Branch, please visit: https://branch.io/
For Sentry, please visit https://sentry.io
For Stripe, please visit https://stripe.com/
For ActiveCampaign, please visit https://www.activecampaign.com/
For Tapfiliate, please visit https://tapfiliate.com/
Legal requirements. We may disclose your Personal Data if required to do so by law (including, without limitation responding to a subpoena or request from law enforcement, court or government agency or other public authorities) or in the good faith belief that such action is necessary (i) to comply with a legal obligation, (ii) to protect or defend our rights, interests or property or that of other customers or Users, (iii) to act in urgent circumstances to protect the personal safety of Users of the Services or the public, or (iv) to protect against legal liability or potential fraud, as determined in our sole discretion.
Linking to or from Third Party Platforms.
Compliance with the Children’s Online Privacy Protection Act.
We do not knowingly collect personal information from children under the age of 16 through the Services. If you are under 16, please do not give us any Personal Data. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children to never provide Personal Data without their permission. If you become aware that his or her child has provided us with information without their consent, he or she should contact us at support@sidechef.com. We will delete such information from our files within a reasonable time.
Opt-Out for Marketing Email
You may opt out at any time from the use of your personal information for our direct marketing purposes by emailing the instructions to support@sidechef.com or by clicking on the “Unsubscribe” link located on the bottom of any SideChef marketing email and following the instructions found on the page to which the link takes you. Please allow us a reasonable time to process your request. You cannot opt out of receiving transactional e-mails related to the Services.
How long does SideChef retain information collected?
We follow generally accepted standards to store and protect the Personal Data we collect, both during transmission and once received and stored, including utilization of encryption where appropriate. We retain Personal Data only for as long as necessary to provide the Services you have requested and thereafter for a variety of legitimate legal or business purposes. These might include retention periods (i) mandated by law, contract or similar obligations applicable to our business operations; (ii) for preserving, resolving, defending or enforcing our legal/contractual rights; or (iii) needed to maintain adequate and accurate business and financial records. If you have any questions about the security or retention of your Personal Data, you can contact us at support@sidechef.com.What is SideChef’s Security Policy?
We have implemented reasonable administrative, technical and physical security measures to protect your personal information against unauthorized access, destruction or alteration. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve our Services. However, although we endeavor to provide reasonable security for information we process and maintain, no security system can ever beby 100% secure.California Privacy Rights
Shine the Law
California Customer Choice Notice: A Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to obtain certain information about the types of personal information that companies with whom they have an established business relationship (and that are not otherwise exempt) have shared with third parties for direct marketing purposes during the preceding calendar year, including the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties. If you wish to submit a request pursuant to Section 1798.83, please contact SideChef via email at support@sidechef.com.
California Consumer Privacy Act Disclosure
This California Consumer Privacy Act Disclosure Notice applies to California consumers, and supplements the SideChef Privacy Policy and is effective as of July 1, 2020.
The SideChef Privacy Policy describes the personal information that we collect, and the sources from which we collect such information, in the “What Information Do We Collect” section; the purposes for which we use it in the “What Information Do We Collect” and “How Collected Information is Used” sections; and the limited circumstances under which we share personal information in and with whom we share it in the “ How Collected Information is Shared” section. These additional disclosures are required by the California Consumer Privacy Act, as amended (“CCPA”). It also explains your rights regarding your personal data that we collect as set forth in the CCPA.
Categories of Information We Collect. The personal information that SideChef collects, or has collected from Users in the twelve months prior to the effective date of this Disclosures, fall into the following categories established by the CCPA, depending on which SideChef Service is used:
Categories of personal information disclosed for a business purpose. The personal information that SideChef disclosed about Users for a business purpose in the twelve months prior to the effective date of this Disclosures fall into the following categories established by the CCPA, depending on which SideChef Service is used:
Sale or Share of Personal Information. California residents may opt out of the“sale” of their personal information and the sharing of their personal information for cross context behavioral advertising (also known as “targeted advertising”). CCPA defines “sharing” as making available, a consumer’s personal information by the business to a third party for cross-context behavioral advertising, and that is, the targeting of advertising to a consumer based on the consumer’s personal information obtained from the consumer’s activity across businesses, distinctly- branded websites, applications, or services, other than the business, distinctly-branded website, application, or service with which the consumer intentionally interacts. We disclose the following information to third parties and such disclosure may be considered as a sale of personal information under the CCPA and is sharing of personal information for targeting advertising purposes:
You have the right to opt-out of the sale or share of your personal information. Please see “Right to Opt-Out” below.
Your Rights under California Consumer Privacy Act
Right to Know. you have the right to know what categories and specific pieces of CCPA personal information have been collected about you; the categories of sources from which CCPA personal information are collected; our business or commercial purpose for collecting, using, or disclosing CCPA personal information; the categories of third parties with whom we share CCPA personal information; the categories of CCPA personal information we have disclosed about you for a business purpose.
Right to Correct: you have a right to request any correction of your CCPA personal information.
Right to Receive a Copy: you have a right to receive a copy of the specific CCPA personal information we collected about you.
Right to Delete: you have a right to deletion of your CCPA personal information, subject to exceptions under the CCPA, among them:
No Discrimination: We will not discriminate against you based on your exercise any of your CCPA rights.
Right to Opt-Out. If we sell or share your information, you have the right to request to opt-out from future “sales” or "sharing" of your personal information. To do so, please visit our “Do Not Sell My Information” page. We may disclose personal information to the companies that provide products and services to our Users to provide or improve their products and services and customize their offerings to you as described in our Privacy Policy. If you do not wish for us to “sell” or “share” your personal information to other companies as defined under the CCPA, you can opt out and exercise your Do Not Sell or Share My Information rights by making your Do Not Sell or Share request by visiting our “Do Not Sell or Share My Information” page. In order to have your opt-out associated with your account, you must log in.
How to Make the Request California customers with a SideChef account can exercise their rights directly or through an authorized agent by signing in to their SideChef account. If you are a California customer and you or your authorized agent would like to exercise your privacy rights listed above, requests may be made by emailing as at support@sidechef.com If you do not have a SideChef account, SideChef will ask you for information which we consider necessary to verify your identity for security and to prevent fraud. This information may include name, contact information, and information related to your transaction or relationship with SideChef, but the specific information requested may differ depending on the circumstances of your request for your security and to protect privacy rights.
If you request SideChef to delete your Personal Data, please note that your account will be deleted as well, to the extent the exceptions under CCPA as mentioned above do not apply. When your account is deleted, all data stored in your account, whether it be Personal or non-Personal Data, will be deleted.
How Does SideChef Respond to “Do Not Track” Signals?
“Do Not Track” is a feature enabled on some browsers that sends a signal to request that a web application disable its tracking or cross-site User tracking. At present, SideChef does not respond to or alter its practices when a Do Not Track signal is received.Changes to our Privacy Policy.
This Privacy Policy is effective as of the last updated date stated at the top of this Privacy Policy. We’re likely to update this Privacy Policy in the future and when we make changes, we will revise the date at the top of the policy and, in some cases, will notify you through the Services, such as on our homepage, or via email or other communication. By accessing the Services after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes. Please be aware that, to the extent permitted by applicable law, our use of the information collected is governed by the Privacy Policy in effect at the time we collect the information. Please come back and check from time to time for the latest information on our privacy practicesGeneral Data Protection Regulation Notice.
The following notice applies to individuals located in the European Economic Area "EEA" and the United Kingdom.Controller Disclosure & Details.
We are a data controller of Personal Data regarding the following categories of EEA and UK Individuals: Users (“Data Subjects”).
EU and UK Representative: Prighter is acting as the EU-GDPR Representative according to Art 27 GDPR and the UK-GDPR Representative for SideChef Group Limited and therefore handles the communication concerning privacy requests from EU and UK citizens.
Legal Basis for Processing. We process your Personal Data pursuant to the following legal bases: (i) in some instances, where required, we will rely on your consent, such as to send you marketing emails, which you may withdraw at any time; (ii) we will process Personal Data as necessary for the performance of contracts to which you are a party, such as our Terms of Service or Privacy Policy, or to take requested steps to enter into such contracts; (iii) we will process your personal data pursuant to our legitimate interest for those purposes provided in Section 2 above.
Data Subject Rights. If you are located in the EEA and UK, you have the following rights:
1. If you request SideChef to delete your Personal Data, please note that your account will be deleted as well, to the extent the exceptions under applicable European data protection laws do not apply. When your account is deleted, all data stored in your account, whether it be Personal or non-Personal Data, will be deleted, to the extent the exceptions under applicable European data protection laws do not apply.
Data Transfers Outside the EEA.
SideChef relies on appropriate Standard Contractual Clauses for appropriate transfer of your Personal Data outside of the EEA. Additionally, Personal Data may be transferred to or from our third party hosting service, Amazon Web Services (AWS). AWS delivers an industry-leading network of state-of-the-art data centers located around the world. Like SideChef, helping to protect the confidentiality, integrity, and availability of customer data is of the utmost importance to AWS, as is maintaining customer trust and confidence. AWS are certified under the US-EU and US-Swiss Privacy Shield and, in compliance with the Privacy Shield Principles, act as our agent with regard to data privacy. For more details of AWS’s privacy and security processes, please visit https://aws.amazon.com and https://aws.amazon.com/security/. By using the Services, you consent to your Personal Data being transferred as described herein.Contact Us
If you have any questions regarding privacy while using our Services, or have questions about our practices, please contact our data protection officer, Matt Au, at support@sidechef.com.These are the Terms of Service (the “Terms of Service” or “TOS”) that govern SideChef Inc.’s (“SideChef” or “we,” “us,” or “our”) relationship with Users (defined below), as well as SideChef brands, the SideChef website located at https://www.sidechef.com/ (the “Site”), the mobile application (the “SideChef App” or “Application”) which has the capability of being paired with 3rd Party Connected Appliances (defined below) and voice- activated assistants (together with 3rd Party Connected Devices, “3rd Party Products”), and other existing and future products and services, owned, operated or offered by SideChef (together with the Site and the SideChef App, each a “Service” and collectively the “SideChef Services” or “Services”).
Please read these Terms of Service carefully. By accessing or using our Services or otherwise manifesting your assent to these Terms of Service, you are acknowledging that you have read and agree to these Terms of Service, and our Privacy Policy and Copyright Policy, which are incorporated herein by this reference.
Arbitration notice: These Terms of Service contain an arbitration clause near the end. Except for certain types of disputes mentioned in that arbitration clause, you and SideChef agree that disputes between you and SideChef will be resolved by mandatory binding arbitration, and you and SideChef waive any right to participate in a class-action lawsuit or class-wide arbitration.
We reserve the right, in our sole discretion, to change these Terms of Service at any time, and will publish a revised version of these Terms of Service on the Site with the new “Last Updated” date as indicated at the top of these Terms of Service. Continued access to and use of the Service (which includes using our Services to distribute or publish your recipes or other content, as applicable) following any such change means you accept and will abide by the changes.
Visitors. Visitors are individuals who browse the public-facing areas of the Services, but do not register for fee-based Services (“Visitors”). No login is required for Visitors.
Registered Users. Registered Users can do all the things that Visitors can do, as well as receive tailored meals and content through the Services. Registered Users do not pay a fee, except as otherwise provided below.
Subscribers. Subscribers are Registered Users who have also subscribed to SideChef Premium (defined below) (“Subscribers”).
Content Partners. Content Partners are Registered Users who may submit recipes, cookbooks, meal plans, and blog entries to SideChef to display on the Services (“Content Partners,” and together with Visitors, Registered Users, Subscribers, and any other person who interacts with the Services are collectively referred to herein as “Users,” “you” or “your”).
You must be able to form a binding agreement (in most jurisdictions, 18 years old) on your own behalf, or on your entity’s or household’s behalf, to be eligible to use the SideChef Services. You may use the SideChef Services only (a) in compliance with these TOS and all applicable local, state, national, and international laws, rules and regulations, and (b) if you are not a person who is barred from receiving the Services under the laws of any country including the country in which you are a resident or from which you are using the Services. Individuals under the age of 18, or applicable age of majority, may utilize the Services only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms of Services. Any use of the Services by anyone under 13 is strictly prohibited without parental consent.
If you open an account on behalf of a company, organization, household or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms of Service, and that you agree to these Terms of Service on the entity’s behalf.
We reserve the right, in our sole and absolute discretion, to deny you access to the Services, or any portion of the Services, without notice and without reason.
User Content License.
You grant to SideChef a non-exclusive, royalty-free, perpetual, irrevocable, transferable, sub-licensable, worldwide, under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control, to use, copy, reproduce, transmit, perform, display, exhibit, distribute, index, comment on, adapt, modify, translate, digitize, reformat, create derivative works based upon, perform and otherwise exploit your User Content, in whole or in part, alone or in combination with other content or material, in all media formats and channels now known or hereafter devised (including by way of example but in no way a limitation, the internet, mobile devices, voice-activated assistants and through any future means or methods of downloading and/or transmission now known or hereinafter devised) in connection with SideChef Services (the “User Content License“). You grant SideChef the right to use your name and SideChef display name that you submit in connection with such User Content, to the extent applicable. You also agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. You also hereby grant to each user of the Services a non-exclusive license to access your User Content through the Services, and to use, reproduce, distribute, modify, adapt, translate, prepare derivative works of, display, and perform such User Content as permitted by the functionality of the Services and these Terms of Service.Attorney-in Fact.
You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these Terms of Service.As a Content Partner, you understand that SideChef wishes to obtain the right to use your name, user name, image, picture, photograph, likeness, voice, performance, and/or other personal identification provided by you to SideChef, whether as part of your User Content or otherwise (collectively, the “Material”), on videotape, film, or any other visual medium for use in connection with promoting SideChef and the Services (the “Promotion”). As such, Content Partner grants SideChef and our subsidiaries, affiliates, agents, nominees, licensees, successors and assigns, and those acting with our authority (“Affiliates”), the unrestricted, absolute, perpetual, worldwide right to record, reproduce, copy, edit, add to, subtract from, modify, use, reuse, display, perform, exhibit, distribute, transmit, exploit, and/or broadcast the Material, without limitation, in and in connection with the Promotion in any manner, in whole or in part, alone or in combination with any other images or videos, in any media now known or hereafter devised. Such use may also include advertising and promotion in any manner or media in connection with the Promotion.
Content Partner agrees that SideChef has no obligation to use any of the Material, or to exercise any right granted herein, and that Content Partner may not enjoin any exploitation of the Promotion as provided above. If SideChef uses Material for Promotion, Content Partner acknowledges that its right to access and use the Services as granted in these Terms of Service shall be the sole compensation and consideration for the rights Content Partner is granting in and to the Materials. Content Partner shall not be entitled to any additional compensation hereunder, including, but not limited to, in the event SideChef commercializes the Material or the Promotion.
Content Partner hereby unconditionally and forever releases, indemnifies, and holds harmless SideChef and our Affiliates from any and all liability, claims, or actions that arise from the use of the Material, or that Content Partner or Content Partner’s heirs, executors, administrators, or assigns may have or claim to have in connection with the use of the Material as described herein, and Content Partner agrees not to sue or bring any proceeding against any of those parties for any claim or cause of action, whether presently known or unknown, including, but not limited to action for defamation, invasion of Content Partner’s rights to privacy, publicity or personality or any similar matter, or based upon or relating to the exercise of any of the rights referred to herein.
If you use the SideChef App with voice-activated assistants such as Amazon Alexa, Samsung Bixby, or Google Assistant, you should also review the applicable usage rules of such voice-activated assistants (the “Usage Rules”). If you use such voice-activated assistants in connection with the Services, you agree to be bound by the terms of the Usage Rules.
The SideChef App for voice-activated assistants allows you to use your voice-activated assistants to communicate with SideChef, by voice. In the event such communication includes information regarding your account, your voice is only used to activate the voice-activated assistant and is not used to authenticate the account. To use the SideChef App, you will have to speak commands and questions aloud to the voice-activated assistant, and you will receive responses aloud. Any communication to SideChef via the voice-activated assistant will be treated by SideChef as a communication authorized by you, and any communication from SideChef via the voice-activated assistant in response to a request received from your voice-activated assistant will be treated by SideChef as a communication to you. In other words, you are responsible for all of the interactions with SideChef via the voice-activated assistant. It is also possible that the voice-activated assistant will record your interactions with SideChef App. Consult your agreements with the voice-activated assistant to learn more about how your voice-activated assistant treats those interactions.
THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL OR TECHNICAL ERRORS LISTED ON THE SERVICES. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE SERVICES AT ANY TIME WITHOUT NOTICE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY 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 OR RELEASING PARTY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION. THEREFORE, SOME OF THE ABOVE DISCLAIMERS OF WARRANTY AND/OR LIMITATIONS ON LIABILITY MAY NOT APPLY TO YOU.
NOTHING HERE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
7.1 events
Arbitration.
Please read the following paragraphs carefully because they require you and SideChef to agree to resolve all disputes between you and SideChef through binding individual arbitration.
In the event of a dispute arising under or relating to these Terms of Service (“Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT’S RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in San Francisco or Los Angeles County, California. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in these Terms of Service will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests. This Section 29 will survive the termination of your relationship with SideChef.
General.
These Terms of Service make up the entire agreement between you and SideChef regarding SideChef Services, and supersedes any prior agreements. If any portion of these Terms of Service is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms of Service, it will not be considered a waiver. Any waiver of these Terms of Service must be made in writing and signed by us. You will not transfer any of your rights or obligations under these Terms of Service to anyone else without the prior written consent of SideChef. All of the rights and obligations of SideChef under these Terms of Service are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Unless otherwise expressly set forth herein, these Terms of Service do not confer any third party beneficiary rights. We reserve all rights not expressly granted to you. You will comply with all applicable laws when using or accessing SideChef Services.