Terms of Service
Effective Date: 12/14/2015
These Terms of Service (the “Terms”) constitute a legally binding agreement between you and SideChef, Inc. (“SideChef”) governing your access and use of SideChef.com (the “Site”), the SideChef mobile application (the “App”) and the software and services made available through the Site and App (collectively the “Services”).
By clicking the “I Agree to the Terms of Service” button or (i) accessing or using any part of the App, or (ii) initiating any transaction through the App, you agree to be bound by these Terms of Service.
Internet technology, and the applicable laws, rules and regulations change frequently. SideChef reserves the right to make changes to these Terms of Service at any time.
1. SideChef’s Service
SideChef is a mobile phone application that enables users to view cooking recipes, upload cooking recipes and photos, and share cooking information.
2. General Rules About Creating Accounts
To be eligible to create an account, you must be at least 13 years of age. If you are under 13, you may not attempt to create an account.
Use of the Services:
To access the Services, you must have an account established through the in-app registration process and have agreed to these Terms.
To establish an account through the online registration process, you must provide a valid email address, username and password.
You are responsible for safeguarding your password and agree not to disclose your password to any third party. You are solely responsible and liable for any activities or actions taken under your password, whether or not you have authorized such activities or actions. SideChef shall not be liable for any loss or damage arising from your failure to keep your password or account secure.
3. User Submissions & Content License
Users may create a Profile and upload recipes, cooking tips, techniques, related text, and audio to the App for review and approval by the SideChef content team. All submissions are reviewed in accordance with our Recipe Approval Requirements. SideChef reserves the right to accept or reject any submissions in its sole and absolute discretion.
A user may also upload to their Profile a link to their own website for the purposes of promoting their recipes, experience, any other reasonable commercial purposes. SideChef will immediately disable any Profile that is linked to inappropriate sites.
SideChef enables its Food Partners to post a blog to the App. When publicly displaying, publicly performing, reproducing or distributing copies of any works of authorship posted to a blog, or works of authorship as incorporated into a collective work, SideChef will credit your authorship. You grant SideChef permission to use your legal name for such attribution purposes. You, likewise, agree to represent yourself accurately. You acknowledge that misrepresentation may lead us, in our sole discretion, to cancel, not post and/or delete any works of authorship posted to your blog.
All recipe-related information submitted by users to SideChef (including, but not limited to, cooking tips, techniques, related text, audio and images) and all works of authorship submitted to any Food Blog are hereinafter collectively referred to as “Content.” You retain all rights in any Content that you upload or submit, and are solely responsible for that Content. You grant to SideChef a perpetual, worldwide, non-exclusive, royalty-free right and license to use, copy, display, perform, create derivative works from, distribute, transmit and sublicense all Content in any form, in all media now known or hereinafter created, anywhere in the world, including, but not limited to: (i) publish, distribute and publicly display Content on the App, (ii) republish or reuse Content on SideChef’s social media and related marketing services and materials, and (iii) excerpt Content on the App and SideChef’s newsletters, member emails or related blogs, for any purpose whatsoever, commercial or otherwise.
SideChef may, in its sole discretion, remove or take down any Content that you upload or submit to the App for any reason, including violation of these Terms or any other policies.
5. License to Use the Services
In accessing and using SideChef’s Services, SideChef hereby grants a limited, non-transferable, non-exclusive, revocable license (“License”) to access and use the Services during the term of this Agreement.
SideChef shall retain all right, title, and interest in the App and Services, and all legally protectable elements or derivative works therefrom. You shall retain all right, title and interest in and to the legally protectable elements of any Content that you have uploaded to the App.
6. Termination by SideChef
SideChef may temporarily suspend or terminate your account and the Services at any time, if SideChef:
- Suspects a breach of these Terms of Service;
- Is unable to verify or authenticate account information;
- Believes that you are acting inconsistently with the letter or spirit of SideChef’s policies, have engaged in improper or fraudulent activity in connection with the App or that your actions may cause legal liability or financial loss to SideChef;
- Is unable to obtain payment on purchased made on the App; or
- Believes you are infringing the rights of third parties.
Effect of Termination:
If your account is suspended or terminated for any reason, you shall remain liable for all fees incurred through the date of termination.
The following Sections survive termination of these Terms of Service: Fees, Content License, Idea Submissions License, Individual Arbitration, Disclaimers and Exclusions, Release, Indemnification, and Governing Law.
7. Prohibited Conduct
In your use of the App, you may not:
- Post false, inaccurate, misleading, defamatory or harassing content;
- Violate any law, statute, ordinance or regulation;
- Infringe upon any patent, copyright, trademark, trade secret, right of publicity or other third party rights;
- Attempt to use another account, impersonate another person or entity, misrepresent your affiliation with a person or entity, or create or use a false identity;
- Post obscene or sexually explicit content;
- Distribute or transmit any code, virus or any other technologies, whether now known or yet to be developed, that may harm the App or its users;
- Modify, adapt or hack the App or modify another App so as to falsely imply that it is associated with SideChef;
- Distribute or post spam, unsolicited or bulk electronic communications to App users;
- Use any robot, spider, scraper or other automated means to access the App for any purpose whatsoever;
- Take any action that imposes, or may impose, an unreasonable or disproportionately large load on the App’s infrastructure;
- Interfere or attempt to interfere with the proper working of the App, its services or tools; or
- Bypass the App’s robot exclusion headers or other measures SideChef may use to prevent or restrict access to SideChef.
8. Your Responsibility for Content
SideChef is not responsible for the Content posted by you. You are solely responsible for any Content that you post. SideChef shall not be liable for any damage or harm resulting from any Content posted by you on the App. SideChef reserves the right, but has no obligation, to take any action to restrict or remove access to any Content, objectionable or otherwise, posted by you.
10. Idea Submissions
SideChef welcomes all suggestions to improve our Services, but considers any feedback from its users to be helpful advice, freely given. To ensure against any misunderstandings, we want to emphasize that we do not compensate for any ideas, proposals or suggestions provided by its users to SideChef in accordance with the following:
SideChef considers any suggestions, ideas, proposals or other material submitted to it by users, whether solicited or unsolicited, (collectively, the “Material”) to be non-confidential and non-proprietary. SideChef shall not be liable for the disclosure, use or exploitation of such Material.
You hereby grant and agree to grant SideChef, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free and transferable right and license to incorporate, use, publish and exploit the Material for any purpose whatsoever, commercial or otherwise, without compensation or accounting.
12. Customer Support
SideChef is available by email at firstname.lastname@example.org to address any issues you may have regarding your use of the Services. Most concerns can be quickly resolved in this manner.
13. Individual Arbitration
EXCEPT AS OTHERWISE STATED HEREIN, any claim or controversy with SideChef arising out of or relating to the App, Services and/or these Terms of Service (including its formation, interpretation, performance and breach) shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, excluding any rules or procedures governing or permitting class actions. Any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act, 9 U.S.C. §§1-16).
ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ON AN INDIVIDUAL BASIS ONLY. THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE OR JOIN A CLASS ACTION OR PRIVATE ATTORNEY GENERAL ACTION, OR TO CONSOLIDATE THEIR ARBITRATION WITH OTHER ARBITRATIONS. YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JUDGE OR JURY. IF ANY PROVISION OF THIS ARBITRATION AGREEMENT IS FOUND UNENFORCEABLE, THE UNENFORCEABLE PROVISION SHALL BE SEVERED AND THE REMAINING PROVISIONS SHALL REMAIN ENFORCEABLE.
The AAA’s rules, as well as forms for initiating arbitration proceedings, are available at www.adr.org. When initiating a request to arbitrate with the AAA, you must also send a copy of the completed form to: SideChef, Inc., 1514 17th #206 Street Santa Monica, CA, 90404
Unless otherwise agreed to in writing by the parties, any dispute arising from these Terms of Service shall be conducted in English at the following location: Los Angeles County, California
Exception – Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in small claims courts for disputes or claims within the scope of that court’s jurisdiction.
14. SideChef’s Intellectual Property
The App and its logos, design, text, graphics, images and other files, and the selection, arrangement and organization thereof, are owned by SideChef. You may not use such materials without permission. © 2014 SideChef, Inc. ALL RIGHTS RESERVED
SideChef and its logos are trademarks owned by SideChef. All page headers, custom graphics, button icons, scripts and service names are trademarks or trade dress of SideChef.
Ownership and Use:
Unless otherwise stated herein, nothing in these Terms of Service or your use of the App gives you a right or license to use any of SideChef’s copyrights, trade names, trademarks, service marks, logos, domain names, or any other intellectual property rights.
15. Disclaimers and Exclusions
DISCLAIMER OF WARRANTIES: TO THE EXTENT PERMITTED BY APPLICABLE LAW, SIDECHEF, THE APP, SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SIDECHEF DOES NOT REPRESENT OR WARRANT THAT THE APP, ITS SERVICES OR USE (I) WILL BE UNINTERRUPTED, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. EXCEPT WHERE PROHIBITED BY LAW, SIDECHEF EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT AND WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON THE APP, SERVICES OR INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES INCLUDED OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE APP.
SIDECHEF DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE APP AND/OR ANY SIDECHEF SERVICES. SIDECHEF DOES NOT CONTROL ANY THIRD PARTY LINKS, SERVICES, GOODS, RESOURCES AND INFORMATION ON THE APP. TO THE EXTENT PERMITTED BY APPLICABLE LAW, SIDECHEF MAKES NO WARRANTIES REGARDING THIRD PARTY SERVICES, GOODS, RESOURCES AND INFORMATION INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT AND WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON SUCH THIRD PARTY SERVICES, GOODS, RESOURCES OR INFORMATION.
LIMITATION OF LIABILITY: YOU EXPRESSLY AGREE THAT YOUR USE OF THE APP AND SERVICES IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, SIDECHEF WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE APP OR ITS SERVICES, EVEN IF SIDECHEF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If you have a dispute arising from, related to, or connected with your use of the App or the Services, you hereby release SideChef, Inc. and its subsidiaries, affiliates, officers, directors, shareholders, employees, representatives, agents, volunteers, attorneys, managers, licensors, business partners and each of their respective successors and assigns from all claims, demands, causes of action, liabilities, legal fees and costs, and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, arising out of or in any way connected with such disputes. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “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.”
To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless SideChef, Inc. and its subsidiaries, affiliates, officers, directors, shareholders, employees, representatives, agents, volunteers, attorneys, managers, licensors, business partners and each of their respective successors and assigns (the “Indemnified Parties”) from and against all damages, losses, liabilities, claims, expenses, fees or costs (including, without limitation, attorneys’ fees and costs) incurred in connection with any claim, demand or action brought or asserted against any of the Indemnified Parties (i) alleging facts or circumstances that would constitute a breach of any provision of these Terms of Service by you, or (ii) arising from, related to, or connected with your use of the App or Services.
If any provision contained in these Terms of Service is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the enforceability of the remaining provisions and portions of these Terms of Service, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable law.
Our employees, volunteers or agents are not authorized to vary these Terms of Service. No modification of these Terms shall be effective unless it is in writing and either signed by an authorized representative of SideChef or posted on this App or the Site by SideChef.
20. No Agency
The parties to these Terms are independent contractors. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.
You shall not assign any of the rights or obligations under these Terms without the prior written consent of SideChef. SideChef may at any time assign, transfer or subcontract any or all of its rights or obligations under these Terms without your consent.
22. Successors and Assigns
These Terms are binding on and inure to the benefit of the parties and their respective successors and permitted assigns.
23. Governing Law
These Terms of Service shall be governed by, construed and enforced in accordance with the laws of the State of California, without regard to or application of California’s conflict of law principles. The parties consent to the exclusive jurisdiction of the State of California, and venue in the County of Los Angeles, with regard to any dispute, controversy or claim arising out of or relating to these Terms of Service, or the breach thereof and waive all rights to contest this exclusive jurisdiction and venue of such Courts.
24. No Waiver
The failure or delay of either party to exercise any right, power or privilege under these Terms of Service will not operate as a waiver thereof.
Headings are for reference purposes only and do not limit the scope or extent of such section.
26. Force Majeure
SideChef will not be liable or responsible for any delays in service, for failing to provide the Services or to operate the App as a result of any event beyond its reasonable control, including, without limitation, adverse weather conditions, internet outage or interruption of service, telecommunications or power outage, fire, flood, civil disobedience, labor disruptions, strikes, lockouts, freight embargoes, terrorism, natural disaster, war or acts of God.
All notices required or permitted to be given under these Terms of Service will be in writing and delivered to: SideChef, Inc., 1514 17th #206 Street Santa Monica, CA, 90404 and/or email@example.com. All notices by SideChef will be sent to you by email or will be conspicuously posted on the App or Site.
28. Complaints – California Residents
If you are a California resident, in accordance with California Civil Code Section 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Affairs of the California Department of Consumer Affairs by contacting them in writing at: 400 R Street, Sacramento, California 95814, or by telephone at (800) 952-5210.
29. Entire Agreement
These Terms of Service comprise the entire agreement between you and SideChef and supersede all prior or contemporaneous agreements, written or oral, between the parties regarding the subject matter contained herein.