Effective: December 06, 2021View General Terms
Welcome to Tastemade!
These Maker Terms and Conditions (“Maker Terms”) govern your hosting of events and offering of content as a host or expert (“Maker”) on the Tastemade websites, mobile, desktop and “over-the-top” applications, services and software (and any associated content including email and RSS) of Tastemade, Inc. and its subsidiaries and affiliates (collectively, “Tastemade”, “we”, “us”, or “our”). Tastemade provides websites and mobile, desktop, and other applications (collectively, the “Apps”) and through these Apps connects Tastemade users (“Users”) with Content, Experiences, and Events (collectively with the Apps, the “Services”).
The Services may allow Makers to use Tastemade’s interactive Apps and Services to engage with Users in order to teach or entertain Users about their field of expertise and passions through articles, recommendations, reviews, and videos. The Apps also offer an online marketplace that allows Makers to host recorded or live events, such as food and beverage-based events, and offer other types of content programming, marketing, and services, on an in-person or virtual basis, (“Experiences” or “Events”) including as part of a Fan Subscription, to Users who are interested in attending or watching Experiences (“Guests”). Makers, Guests, and other registered Users who have a Tastemade account for the Services may upload photos and comments from their Experiences.
Makers may also have access to Maker-only features, including the ability to post information, make recommendations, host Experiences, and register interest in our marketplace. Tastemade’s Services also provide Makers with a platform to (1) promote, organize, and host Events and Experiences, (2) publish expert opinions and information regarding cultural cuisine, cooking methods, personal recipes, food experiences, and other approved lifestyle categories, (3) design, offer, promote, and sell monthly subscriptions (“Fan Subscriptions“) to interested Users (“Fans“) to whom the Maker provides specialized, discounted, or premium Content, Experiences or Events, and (4) connect to commercial opportunities via brand sponsorships.
By hosting any Experience or offering a Fan Subscription, you agree that Tastemade may elect to utilize Recordings of your Experience or Content from your Fan Subscription in accordance with the permission granted in the Section titled “Publicity Release“of the General Terms, and that any User Content included or embodied in such Recording will be subject to the license granted to Tastemade in the Section titled “Content – Permissions to Your User Content.“
CHANGES TO TERMS
We may update the Maker Terms from time to time, in our sole discretion. If we do, we’ll let you know by posting the updated Maker Terms on the Apps. Your use of the Apps as a Maker after the effective date of the updated Maker Terms constitutes your agreement to the updated Maker Terms. It’s important that you review the Maker Terms whenever we update them or you use the Apps. If you don’t agree to be bound by the changes, then you may not use the Apps as a Maker anymore. Because our Apps are evolving over time, we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. USERS: WHEN YOU AGREE TO THESE MAKER TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND TASTEMADE THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY THE SECTION “DISPUTE RESOLUTION“ IN THE GENERAL TERMS FOR DETAILS REGARDING ARBITRATION. FOR DETAILS REGARDING ARBITRATION.
WHO MAY BE A MAKER
You may sign up as a Maker only if you are at least 18 years or older and capable of forming a binding contract with Tastemade and are not barred from using the Services under applicable law. To be a Maker, you must comply with any application process, criteria, or requirements established by Tastemade from time-to-time, including as may be communicated to you through the Services or otherwise.
Tastemade reserves the right to approve, disapprove, terminate, or suspend your status as a Maker for any reason or for no reason, in its sole discretion. As part of our review processes, we may perform searches for information about you in publicly available information, including on the Internet and social media, and such searches may be based on information you provide to us when you apply to be a Maker. We reserve the right to request additional information and/or authorizations from you in order to approve or maintain your status as a Maker. If Tastemade terminates or suspends your status as described above, you shall not (i) host Experiences or Events, (ii) offer or receive compensation for Fan Subscriptions, or (iii) attempt to contact or solicit Fans or Guests through the Services, unless and until your status as a Maker is reinstated. You represent and warrant that all information submitted to us or otherwise through the Services as a Maker (including in connection with any Experience or Fan Subscription) will be truthful, complete, and accurate, and will not fail to disclose any fact, statement, or circumstance that would make the information you submit not misleading.
HOSTING EXPERIENCES AND EVENTS
As a Maker, you may create Experiences for interested Guests subject to our approval and then-current requirements and procedures as communicated to you through or in connection with the Services. If you choose to host an Experience, you will be asked a variety of questions about the Experience to be listed, including the location, capacity, menu, date, pricing, rules, and financial terms. Experiences will be made publicly available via the Services. Guests will be able to book your Experience based upon the information provided in your Experience. You understand and agree that once a Guest requests a seat at your Experience, the price for such booking may not be altered.
You acknowledge and agree that you are solely responsible for any Experiences you host. Accordingly, you represent and warrant that any Experience, and the booking of, or Guest's attendance at, an Experience, (i) will not breach any agreements you have entered into with any third parties, (ii) will be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any event or venue included in an Experience you post, including zoning laws, health laws, license laws and any other applicable laws governing properties, food, and unique ingredients (iii) will be in compliance with all applicable laws, policies, and procedures of governmental authorities of the state or local jurisdiction in which you operate, which includes any state or local laws or regulations relating to the production, ingredients, manufacture, labeling, advertising, promotion, sale, or safety of your food or Experience, and (iv) will not conflict with the intellectual property, privacy, or other rights of third parties, or be libelous or defamatory to any other person or entity. You further represent and warrant that (a) your Experiences (and any Recordings of your Experiences) are not, and are not intended to be, covered by any guild, union, collective bargaining, management, agency, or similar agreement and there will be no residual or any other type of payment due from Tastemade to you, to any third party, guild, union, management, or agent, or pursuant to any collective bargaining agreement, in connection with any such Experience or Recording, or payment from us to you; (b) we are not responsible for, and will not make any deduction to payments made to you, for any fees, commissions, costs, expenses, or payments of any kind to or with respect to any third party, including any manager, agent, attorney, representative, or service provider, in connection with any revenue earned by or payments made to you in connection with our Services; (c) we are not responsible for any contributions, payments, taxes, or deductions for Social Security, retirement benefits, unemployment insurance, annuities, or pension or welfare fund payments required by law or any labor union, or any withholding or income taxes; and (d) your Experiences will be conducted in a professional, workmanlike manner in accordance with any rules and guidelines provided to you in writing or electronically by Tastemade. Please note that Tastemade assumes no responsibility for a Maker’s compliance with any applicable laws or a Maker’s failure to comply with the terms stated above.
If you are a Maker who wishes to create an Experience that includes cannabis, alcohol, or any other regulated substances, you must obtain and maintain all applicable licenses and permits in order to do so as required by applicable laws, and you must provide the appropriate licensing information in the description of your Event, such that the appropriate license is easily identifiable by Guests.
You understand and agree that Tastemade does not act as an insurer or as a contracting agent for, or representative of, you as a Maker (except as a limited authorized payment agent as described in these Maker Terms), and if a Guest requests a booking of your Experience and participates in your Experience, any agreement you enter into with such Guest is between you and the Guest and Tastemade is not a party thereto.
Please note that Tastemade reserves the right, at any time and without prior notice, to remove or disable access to any Experience (including live Experiences then in session) for any reason, including Experiences that Tastemade, in its sole discretion, considers to be objectionable for any reason (including due to inclusion of irrelevant or inappropriate subject matter), in violation of these Terms, or otherwise harmful to the Services.
When you create an Experience, Tastemade may provide you with the ability to approve or confirm eligibility of Guests in a manner consistent with applicable laws, rules, and regulations to book your Experience and any such ability will be contingent upon your acts being consistent with our policies as communicated to you from time-to-time. You acknowledge that as between you and Tastemade, it is solely your responsibility to verify and ensure that your Guests meet the requirements of our policies.
If you are a Maker, Tastemade provides you with options to lawfully control your guest list. You can make Experiences open to all Guests, first come first served, or can control your guest list by either manually approving each Guest who books an Experience or by distributing passwords that Guests must input in order to buy a ticket to your Experience. We also make certain information available to you to help you decide which Guests you choose to confirm for your Experiences. You acknowledge and agree that, as a Maker, you are responsible for your own acts and omissions and the acts and omissions of any individuals who are present at the Experience at your request or invitation.
As a Maker, you may design, offer, and promote Fan Subscription(s) to Fans. Your Fan Subscriptions may include specialized or premium Content, Experiences, and/or discounts, each that are offered only to Fans who have subscribed to a designated Fan Subscription and not to other Fans or Users (collectively, such enhancements are “Fan Benefits“). Fan Benefits may include, for example, additional communications from you as a Maker via the Services, custom Content such as access to additional videos or special recipes sent only to Fans, or discounts to attend selected Experiences at reduced rates. As a Maker, you may design the Fan Benefits for each of your Fan Subscriptions through the Services and in accordance with the requirements of the Terms. For each Fan Subscription you offer, you may choose the monthly amounts due and payable by a Fan solely relating to a Maker’s Fan Subscription (“Fan Fees“) and the Fan Benefits to be included.
Providing Fan Subscriptions as a Maker is optional. You may be a Maker and provide Experiences and Content without providing any Fan Subscriptions. Alternatively, you may create one type of Fan Subscription to which all of your Fans subscribe or may offer multiple types of Fan Subscriptions, such as subscriptions at multiple tiers (e.g., silver, gold and platinum tiers), each with a different set of features for Fans.
Each Fan Subscription comprises of the Fan Benefits that you offer and the Fan Fees. The Fan Benefits and Fan Fees for each Fan Subscription are determined by you, subject to certain requirements as described in these Terms or otherwise communicated to you through the Services. To the extent applicable, the rules that apply to your Experiences and/or Content also apply to your Fan Subscriptions. For example, your Fan Benefits are subject to our approval and then-current requirements and procedures as communicated to you through or in connection with the Services. You acknowledge and agree that you are solely responsible for any Fan Subscriptions and that Fan Subscriptions comply with the requirements for Experiences and Content provided in these Terms including any restrictions under applicable law.
Please note that Tastemade reserves the right, at any time and without prior notice, to remove or disable access to any Fan Subscription (including Fan Subscriptions for which Fans have already paid the Fan Fee) for any reason, including Fan Subscriptions that Tastemade, in its sole discretion, considers to be objectionable for any reason (including due to inclusion of irrelevant or inappropriate subject matter), in violation of these Terms, or otherwise harmful to the Services.
Tastemade may provide you with the ability to approve or confirm eligibility of Fans in a manner consistent with applicable laws, rules, and regulations to sign up for your Fan Subscriptions and any such ability will be contingent upon your acts being consistent with our policies as communicated to you from time-to-time. You acknowledge that as between you and Tastemade, it is solely your responsibility to verify and ensure that your Fans meet the requirements of our policies.
ADDITIONAL MAKER COMMITMENTS
You agree not to host any Experience or offer any Content or other benefit in connection with a Fan Subscription (or permit, condone, or encourage any behavior or activity) that would be inappropriate, illegal, disrespectful, constitute hate speech, incite violence, encourage illegal or dangerous behavior, tarnish the reputation(s) of Users, Tastemade, any third party service provider, or others, tarnish or devalue Tastemade brands, conflict with any confidentiality or other obligations you may have to a third party, or which we determine conflicts with the terms of any Sponsorship Opportunity (as defined below and the terms of which may be communicated to you from time to time). You further agree not to engage in or permit any discriminatory behavior or unlawful or offensive activity in connection with any Experience or Fan Subscription, including with respect to your approval or rejection of any Guests or Fans or the establishment of any eligibility rules or criteria in connection with the creation of any Experience or promotion and sale of any Fan Subscription. You have not and will not commit any morally repugnant act that may, in Tastemade’s sole discretion, bring Tastemade or Users into public disrepute, contempt, scandal or ridicule by association or which may insult or offend the public or any protected group or class thereof including the general community to which Tastemade’s products or services are directed, and as such, may reflect unfavorably upon Tastemade’s reputation or its products or services through Tastemade’s association with you, irrespective of whether such act is related to your Experience or Fan Subscription or to your performance under the Terms and of the length of time that has elapsed since such act was committed. You have not and will not make public damaging statements regarding Tastemade, Tastemade’s products, or your association with Tastemade in a manner that may discredit Tastemade or injure the success of any of Tastemade’s products or services. Without limiting its rights or remedies, in the event of any breach or alleged breach by you of your obligations in this paragraph, Tastemade will have the right in its sole discretion to immediately terminate your use of the Services by terminating your account and deleting (or requiring you to delete) any Apps from your devices immediately upon written notice to you without any further obligation to you and without any opportunity to cure such breach.
FINANCIAL TERMS FOR MAKERS
Users may, via the Services, requests to book a Maker’s Experience or to subscribe to a Maker’s Fan Subscription. Makers will automatically accept the User’s purchase of a Fan Subscription or Experience (if room for the Experience is available) unless we provide the functionality for you, as the Maker, to opt to manually approve each Guest or Fan. When a booking or subscription is requested via the Services, we will provide you with, to the extent available: (i) the first and last name of the User who has requested the booking or subscription and (ii) a link to the User’s Tastemade Account profile page or, when available, relevant information about the User, including any dietary restrictions noted by the User, and whether the User has been to any of your previous Experiences as booked through the Services. You acknowledge that any such information is shared by Tastemade with you solely as a convenience and on an “AS IS“ basis, and that Tastemade will not be responsible for verifying or confirming the accuracy or completeness of any such information.
Where you have opted to utilize the ability to approve bookings or subscriptions, you are solely responsible for all refunds and associated costs associated with failing to approve the User’s booking or subscription request. These costs include any refunds, Services Fees, card network fees, third party payment processor fees where Tastemade refunds any amounts collected from a Guest for the booked Experience, or discharges or refunds any amounts collected by a Fan that purchased or attempts to purchase a Fan Subscription. You will not be entitled to any Experience Fees associated with Guests or Fans where you have failed to approve such Guest or Fan booking request. If you've opted to approve subscriptions, we reserve the right to cancel the Fan’s request to subscribe if you do not approve such request within a specified time, to be determined at our discretion and communicated to you from time to time.
When you confirm a booking or subscription requested by a Fan or Guest, Tastemade will send you an email, text message or message via the App or Services confirming such booking or subscription, depending on the selections you make via the Services. You acknowledge that Tastemade will not be responsible for any delays or failures to deliver such confirmation of booking or subscription.
The fees displayed for each Experience include Experience Fees, Service Fees, and applicable Tax and for each Fan Subscription includes the Fan Fees, Service Fees, and applicable Tax (collectively, “Total Fees“). Tastemade will make reasonable efforts to collect the Total Fees at the time of confirmation of the booking or subscription and will remit to the Maker the Experience Fees and Fan Fees, each less any applicable Maker Fees and chargebacks of Experience Fees or Fan Fees initiated by Fans or Guests prior to such remittance, within one week following the applicable Experience or within one week following the end of the applicable monthly subscription period to which the Fan Fees apply, subject to and conditioned upon successful receipt of the associated payments from Fans or Guests. In the event Fans or Guests request refunds or initiates a chargeback after Tastemade has remitted the Experience Fee or Fan Fees to you, you agree to promptly reimburse and hold harmless Tastemade for any such refunds or chargebacks and all associated costs of the Experience Fees or Fan Fees initiated by Fans or Guests within thirty (30) days after any request by Tastemade.
The amounts due and payable by a Guest solely relating to a Maker’s Experience are the “Experience Fees.“ Please note that it is the Maker, and not Tastemade, that determines the Experience Fees. At the Maker’s discretion, the Experience Fees may include a cleaning, service, administration, and/or other fees.
In consideration for providing the Services, Tastemade collects User Fees from Fans and Guests and may, in the future, collect Maker Fees from Makers (collectively, “Service Fees“).
Tastemade charges a fee to Fans and Guests, which are the “User Fees“. We currently set User Fees based upon a percentage of applicable Experience Fees and/or Fan Fees but reserve the right to set User Fees according to other methods. At Tastemade’s sole discretion, these percentages may differ from each other for different Experiences and Fan Subscriptions, and, with respect to Fan Fees, may be adjusted from time to time for future monthly subscription periods upon advance notice to you based on criteria determined by Tastemade. For example, Tastemade may change the percentage of applicable Fan Fees for your existing Fan Subscriptions from time to time by providing you with notice that it will make such a change for all corresponding future payments by Fans during future.
Please note that Tastemade does not currently directly charge Makers any fees for the creation of Experiences or Fan Subscriptions (“Maker Fees“). However, Tastemade reserves the right, in its sole discretion, to charge and collect Maker Fees from Makers for the creation of Experiences or Fan Subscriptions, which Maker Fees, if applicable, will be communicated to you via the Services on or around the time that you create an applicable Experience or Fan Subscription, or in the case of continuing Fan Subscriptions, prior to the next monthly subscription period for a Fan Subscription. Maker Fees will be deducted by Tastemade from the Experience Fees and Fan Fees before remitting the Experience Fees and Fan Fees to the Maker.
In order to comply with U.S. Federal tax reporting requirements, we may be required to collect social security numbers or taxpayer identification numbers on IRS Form W-9 from all Makers that host Experiences in the United States. You agree that you are solely responsible for determining your applicable sales tax, value added tax (VAT), goods and services tax (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income tax (collectively, “Tax“) reporting and payment requirements in consultation with your tax advisors. We cannot and do not offer Tax-related advice to any persons. Additionally, please note that each Maker is responsible for determining local indirect Tax and for including any applicable Tax to be collected or obligations relating to applicable Tax on Experiences. Where applicable, or based upon a request from a Maker, Tastemade may issue a valid VAT invoice to such Maker.
Balances net of the Service Fees will be remitted to Makers via a designated payment processor, direct deposit or other payment methods described on the Services or via the App, in the Maker’s currency of choice (as available by the payment processor), depending upon the selections the Maker makes via the Services. User Fees are not transferable except as provided by this Agreement. Please note that for any payments by Tastemade in currencies other than U.S. dollars, Tastemade may deduct foreign currency processing costs from such payments. Except as otherwise provided herein, Service Fees are non-refundable.
By hosting any Experience or offering any Fan Subscription, you acknowledge that Tastemade may elect to utilize Recordings of your Experience or the Content or design of your Fan Subscription, each including your name and likeness as used therein (in accordance with the permission granted in the Section titled “Publicity Release“ of the General Terms) in connection with third party sponsorship and advertising opportunities, which opportunities may involve branding such Recordings or Fan Subscription with sponsorship branding and materials (“Sponsorship Opportunities“). If Tastemade uses a specific Recording of your Experience or your Fan Subscription in a Sponsorship Opportunity on an individual, standalone basis, then Tastemade may offer you certain benefits and compensation on terms to be specified by Tastemade in its sole discretion. Notwithstanding anything to the contrary in the Terms, any compensation payable in connection with a Sponsorship Opportunity will be limited solely to a percentage or amount of revenue received directly from the applicable third party sponsor solely to the extent attributable to the specific use of such Recording or Fan Subscription in such Sponsorship Opportunity, and Tastemade will have no obligation to compensate you for any Recording or Fan Subscription to the extent used in connection with any general or platform-wide sponsorship or advertising deal that applies to any of the Services or that does not specifically target such Recording or Fan Subscription.
If approved by Tastemade, Tastemade may provide to Makers through the Services the opportunity to independently negotiate with third-party sponsors in the Makers’ Experiences or Fan Benefits (each, a “Maker Sponsorship Opportunity“). Tastemade will not be a party to or liable to Maker or any third party for any Maker Sponsorship Opportunity. Tastemade reserves the right to charge a fee to sponsors that use our Services to offer Maker Sponsorship Opportunities to Makers.
You may terminate your use of the Services at any time by terminating your account and deleting any Apps from your devices. Termination of your account is your sole right and remedy with respect to any dispute with Tastemade regarding the Services or these Maker Terms. Tastemade may suspend or terminate your access to the Services at any time, for any reason. If Tastemade suspects that you have violated any provision of the Terms, Tastemade may also seek any other available legal remedy. Your rights under the Terms will terminate automatically if you fail to comply with any of the Terms. Upon termination, you must destroy or delete any copy of any Apps in your possession.
You remain solely liable for all obligations related to use of the Services, even after you have stopped using the Services. Neither Tastemade nor any of its licensors, suppliers, or publishers is liable to you or to any third party for any loss caused by any termination of the Services or termination of your access to the Services.
RELATIONSHIP OF THE PARTIES
You are an independent contractor and nothing in the Terms will be construed as establishing an employment or agency relationship between you and Tastemade. You have no authority to bind Tastemade by contract or otherwise. You will determine, in your sole discretion, the manner and means by which you provide your hosted Experiences and Fan Subscriptions, subject to the requirement that you will at all times comply with all applicable laws and regulations and the Terms.
LIABILITY AND INDEMNITY FOR DAMAGE TO VENUE OR CLAIMS BY GUESTS AND FANS
You are solely responsible for any damage to the venue for Experiences you host or claims brought by Guests relating to your Fan Subscriptions or Experiences, regardless of whether that damage or claim is caused by you, by a Guest or Fan, or by a third party. You accept full liability for all such damages and claims, and you will defend, indemnify, and hold harmless Tastemade, its affiliates, directors, officers, agents, employees, licensors, suppliers, distributors (including distributors of the Apps) from any costs, damages, expenses, and liability (i) resulting from damage to the venue; or (ii) arising from claims brought by Guests or Fans relating to any Fan Subscription or Experience hosted or offered by you or on your behalf.
COMPLAINTS AND CLAIMS BY GUESTS AND FANS
Maker agrees to, at its sole expense, cooperate with and assist Tastemade in good faith, and to provide Tastemade with such information and take such actions as may be reasonably requested by Tastemade, in connection with any complaints or claims made by Guests or Fans relating to Fan Subscriptions, Experiences, or any personal or other property located at the venue of an Experience or with respect to any investigation undertaken by Tastemade or a representative of Tastemade regarding use or abuse of the Services.
Tastemade recommends that Makers obtain their own appropriate insurance for their Experiences and Fan Subscriptions. Please review any insurance policy that you may have for your Experience and Fan Subscriptions carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including whether or not your insurance policy will cover the actions or inactions of persons (including the Guests and any individuals the Guests invite to the Experience, if applicable) while at your Experience.
Tastemade may or may not purchase insurance coverage to protect Makers. If we purchase such insurance, additional insurance terms, limitations, and exclusions apply. We do not procure insurance for, nor are we responsible for, personal belongings left at any location by the Guests.
YOU AGREE THAT ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATED TO THE SERVICES OR ANY EXPERIENCE OR FAN SUBSCRIPTION MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, THAT CAUSE OF ACTION IS PERMANENTLY BARRED.
The Terms, including these Maker Terms and the General Terms are the entire agreement between you and Tastemade regarding your use of the Services. For clarity, and without limiting the foregoing, the Sections of the General Terms titled “Warranty Disclaimers“, “Indemnity“, “Limitation of Liability“, “Dispute Resolution“, and “General Terms“ are hereby expressly incorporated by reference and will apply to your use of the Services as a Maker. s