Effective March 1st, 2023View Maker Terms
Welcome to Tastemade!
Certain parts of the Services allow users to use Tastemade’s interactive platform to engage with hosts, makers, experts, guides, and instructors in various lifestyle categories, including food, beverage, travel, home, and design (collectively, “Makers“). The Services also offer an online marketplace that allows Makers to host recorded or live events and offer other types of content programming, marketing, subscriptions, and services in these lifestyle categories, on an in-person or virtual basis (“Experiences“ or “Events“), to users of our Services who are interested in attending or watching Experiences (“Guests“). Makers may offer specialized, discounted, or premium Content, Experiences, or Events via monthly subscriptions (“Fan Subscriptions“) to interested Guests and other users (“Fans“). Makers, Guests, Fans, and other registered users who have an account for the Services may upload photos and comments from their Experiences.
If you are a Guest or otherwise desire to attend an Experience or Event, then please refer to the section below titled “Experiences and Events“ for more information. If you are a Fan or otherwise desire to subscribe to a Fan Subscription, then please refer to the section below titled “Fan Subscriptions“for more information.
Makers also have access to Maker-only features, including the ability to post information, make recommendations, host Experiences, design and sell Fan Subscriptions, and register interest in our marketplace. If you are a Maker or desire to use any of these Maker-only features as a Maker, then please refer to our Maker Terms and Conditions, which supplement and modify these these Terms and govern your use of these Maker-only features.
CHANGES TO TERMS
We may update the Terms from time to time, in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Services. Your use of the Services after the effective date of the updated Terms (or your other conduct in connection with the Services as we may reasonably specify) constitutes your agreement to the updated Terms. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, it means that you accept and agree to be bound by the changes. If you don’t agree to be bound by the changes, then you may not use the Services anymore. Because our Services 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 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“ BELOW FOR DETAILS REGARDING ARBITRATION.
WHO MAY USE THE SERVICES
You may use the Services only if you are at least 13 years or older (or such other minimum age at which you can provide consent to data processing under the laws of your territory) and capable of forming a binding contract with Tastemade and are not barred from using the Services under applicable law. Tastemade may, in its sole discretion, modify, or revise these Terms and policies at any time. In order to use certain features of the Services, including the purchase of Fan Subscriptions and participation in Experiences, Tastemade or the Maker may impose additional age or other requirements as communicated to you through the Services.
When creating your account, you must provide accurate and complete information. Tastemade prohibits the creation of, and you agree that you will not create, an account for anyone other than yourself. You also represent that all information you provide or provided to Tastemade upon registration and at all other times will be true, accurate, current, and complete, and you agree to update your information as necessary to maintain its truth and accuracy. You are solely responsible for the activity that occurs on your account, and it’s your sole responsibility to protect your password from unauthorized use. You must notify Tastemade immediately of any breach of security or unauthorized use of your account. You agree that you will not solicit, collect, or use the login credentials of other Tastemade users. Additionally, you may never use another’s account without permission
Although Tastemade will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Tastemade or others due to such unauthorized use, and we might have to suspend or terminate your account in such case. Tastemade will not be responsible for any unauthorized access to, or alteration of, data sent to or received by your account, regardless of whether the data is actually received by Tastemade.
Tastemade reserves the right to discontinue or impose charges for the use of any aspect of the Services at any time. Tastemade reserves the right to reclaim user names that become inactive or on behalf of businesses or individuals that hold legal claim or trademark on those usernames. These Terms apply to all users of the Services, including users who contribute submissions, as described below.
Posting Content. Our Services may allow you to store or share Content. For purposes of these Terms, “Content“ means text (for example, text in posts or communications with others), files, documents, graphics, images, music, audio, video, streaming live and pre-recorded audio-visual works, recipes, formulations, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Services. Anything (other than Feedback) that you post or otherwise make available through the Services, including Experiences, Fan Subscriptions, and Content made available via Experiences and Fan Subscriptions (whether from a Maker, Guest, or Fan perspective), is referred to as “User Content“. Unless provided for in another agreement, Tastemade does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content.
Right to Use Tastemade Content. Subject to your compliance with these Terms, Tastemade grants you a limited, non-exclusive, non-transferable, revocable, license, on an “AS IS“ basis, with no right to sublicense, to access and view the Content available via the Services (excluding User Content), solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes on a single computer or device at a time; provided that you do not (and do not allow any other person or entity to) (i) copy, republish, transmit, distribute, modify, or create derivative works based upon any such Content except as expressly authorized by Tastemade through the Services; or (ii) upload, transmit, or display any such Content to any other website, service or application operated by a third party.
Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Tastemade on or through the Services, will infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. Without limiting the foregoing, if any of your User Content contains the name, identity, likeness, and voice (or other biographical information) of third parties, you represent and warrant that you have obtained any appropriate consents and licenses for your use of such features and that Tastemade and its sub-licensees are allowed to use them to the extent indicated in these Terms. You understand and agree that we may enable functionality where any User Content you submit will be publicly available on or through our Services.
Communications in chat areas, forums, bulletin boards, communities, groups, or other public or common areas of the Services are not private communications. You should use caution when submitting any User Content that contains your personal information to a public or common area of the Services.
Removal of User Content. You can remove your User Content by specifically deleting it. You should know that in certain instances, some of your User Content (such as recordings, posts, or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
CONTENT FROM SOCIAL MEDIA AND NETWORKING SITES
As part of the functionality of the Services, you may link your account to an SNS Account by allowing Tastemade to access your SNS Account, as permitted under the applicable terms and conditions that govern your use of each SNS Account. You agree that you won’t disclose your SNS Account login information to Tastemade and/or grant Tastemade access to your SNS Account unless you are permitted to do so by the applicable SNS. Tastemade won’t have any obligation to pay any fees or be subject to any usage limitations imposed by SNS’s.
By linking your SNS Account to your Tastemade account, you understand that Tastemade will access, make available, and store (if applicable) some of the content that you have provided to and stored in your SNS Account so that it is available on and through the Services via your account. Unless otherwise specified in these Terms, all such content, if any, will be considered to be User Content for all purposes of these Terms. Depending on the SNS Accounts you choose and subject to applicable SNS privacy settings, personal information that you post to your SNS Accounts and information about your SNS network will be available on and through your Account. Please note that if an SNS Account or associated service becomes unavailable or Tastemade’s access to such SNS Account is terminated by the third-party service provider, then the content from your SNS Account will no longer be available on and through the Services. You may disable the connection between your Account and your SNS Accounts by Account service providers.
Please refer to our social media moderation policy here.
Our Services facilitate communications and interactions (including via Fan Subscriptions and Experiences) between you and other users (including Makers). However, we are not responsible for, and specifically disclaim all liability for, the content, accuracy, completeness, timeliness, security, safety, or legality of those communications and interactions, and for your decision to share or receive any Content or interact with any other user through the Services, which you acknowledge is at your sole risk. For your protection, we encourage you not to publicly post personal information through the Services, such as your email address or financial information or share your personal information with Makers or other users.
While we love to provide the opportunity for Fans to connect with Makers via the Services, we also strongly encourage you to limit your communications and interactions with Makers and other users to the methods made available the Services. We will not be responsible for, and specifically disclaim all liability, associated with communications and interactions between you and other users (including Makers) that occurs through methods outside of the Services.
As part of the Services, you may (if enabled) receive push notifications, text messages, alerts, emails or other types of messages directly sent to you outside or inside the Apps (“Push Messages“). If you decide to enable such Push Messages, you agree to receipt of communications from Tastemade via the Push Messages. Please be aware that third party messaging or data fees may occur relating to these Push Messages depending on the plan you have with your wireless carrier.
As between you and Tastemade, Tastemade exclusively owns all right, title, and interest (including all intellectual property rights) in and to (i) the Services; (ii) all materials incorporated by Tastemade on the platforms on which the Services are made available, including all Content (excluding your User Content), visual interfaces, interactive features, information, graphics, design, compilation, computer code, API’s, products, software, services, and all other elements of the Services; (iii) all Recordings and Trademarks; and (iv) all improvements, modifications and derivative works of any of the foregoing (collectively, “Tastemade Materials“). Any use of the Tastemade Materials other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by Tastemade. Some of the characters, logos, or other images incorporated by Tastemade on Tastemade websites are also protected as registered or unregistered trademarks, trade names, and/or service marks owned by Tastemade, Inc. or others (collectively, “Trademarks“). Other trademarks, service marks, trade names, logos, and other branding used and displayed via the Services (“Third Party Mark(s)“) may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Tastemade. Except as expressly provided in these Terms, nothing in these Terms or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the Services, without Tastemade’s prior written permission in each instance. As between you and Tastemade, all goodwill generated from the use of Trademarks will inure to the exclusive benefit of Tastemade. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services.
We welcome feedback, comments, ideas, proposals, and suggestions for improvements to the Services (“Feedback“). If you would like to submit Feedback, we prefer that you email it to us at [email protected]. If you choose to provide us any Feedback, you agree that we are free to use it without any restriction or compensation to you.
If you are photographed, filmed, or recorded by Tastemade or its agents or any Maker (including through any recording or screen capture functionality within the Services) in connection with your participation in any Experience, any Fan Subscription, any Tastemade product research or promotion, or otherwise in connection with your use of the Services (a “Recording“), then by using the Services, which you acknowledge is sufficient consideration, you hereby grant Tastemade and its licensees and designees a perpetual, irrevocable, worldwide, royalty-free, fully-paid-up permission to use, copy, distribute, modify, create derivative works of, publish, and display the Recording in any form of Media and by any means: (a) as part of or in connection with the Services or any other Tastemade products or services, including Tastemade research and development; (b) as part of or in connection with the sale, promotion, or advertising of Tastemade or third-party products or services; and (c) any other lawful purpose whatsoever; in each case, alone or in combination with other materials. Nothing in this paragraph will constitute any Tastemade obligation to make use of the rights granted by you in this paragraph. You also agree that the rights granted by you to Tastemade in this paragraph do not conflict with any of your existing commitments. You hereby: (i) waive any right to inspect or approve any works that may be created with or from the Recording; (ii) waive any and all moral rights you may have in the Recording; and (iii) release Tastemade, its agents, employees, licensees, partners, successors, and assigns from any and all claims you may have now or in the future, whether known or unknown, for invasion of privacy, right of publicity, trademark infringement, copyright infringement, defamation, or any other cause of action arising out of the product research study, the filming, use, reproduction, adaptation, distribution, broadcast, performance, or display of the Recording.
ENDORSEMENTS AND TESTIMONIALS
You agree that your User Content will comply with: (i) the FTC’s Guidelines Concerning the Use of Testimonials and Endorsements in Advertising; (ii) the FTC’s Disclosures Guide; and (iii) the FTC’s Native Advertising Guidelines; and any other guidelines issued by the FTC from time to time (the “FTC Guidelines“), as well as any other advertising guidelines required under applicable law.
For example, if you have been paid or provided with free products in exchange for discussing or promoting a product or service through the Services, or if you are an employee of a company and you decide to discuss or promote that company’s products or services through the Services, you agree to comply with the FTC Guidelines’ requirements for disclosing such relationships. You, and not Tastemade, are solely responsible for any endorsements or testimonials you make regarding any product or service through the Services. Tastemade may immediately suspend or terminate your use of the Services or your associated Tastemade account for any breach of this Section.
We do not endorse any users of our Services, including Fans, Guests, or Makers, nor do we endorse any Experiences, Events, Fan Subscriptions, Content, or other Tastemade Materials available through or on our Services. In addition, although these Terms require our users to provide accurate information, we do not confirm or attempt to confirm any user’s purported identity or any other information or materials that any such user may make available through our Services as Content.
You are solely responsible for determining the identity and suitability of others who you contact via the Services, and assessing the safety, quality, accuracy, and health risk associated with any Experience, Event, Fan Subscription, or Content. We will not be responsible for any damage or harm (including any personal injury or property damage) resulting from your interactions with other users, Fans, Guests, or Makers, or in connection with your participation in any Experience or Event or in any Fan Subscription. By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users, Fans, Guests, or Makers or other third parties will be limited to a claim against the particular person, entity, or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Tastemade with respect to such actions or omissions.
We may email or provide you coupons, offers, and other specials from third parties (collectively “Promotions“). Tastemade is not responsible for the redemption, errors, omissions, or expiration of Promotions. All Promotions featured as a part of the Services are subject to change without notice and we have no control over their legality or the ability of any merchant to complete the Promotion (including the sale in accordance with the offer).
TERMS SPECIFIC TO TASTEMADE APPS
If you comply with these Terms, Tastemade grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install the App(s) on your personal computers, mobile handsets, tablets, wearable devices, and/or other devices and to run the App(s) solely for your own personal non-commercial purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify, or create derivative works based on the App(s); (ii) distribute, transfer, sublicense, lease, lend or rent the App(s) to any third party; (iii) reverse engineer, decompile or disassemble the App(s) (unless applicable law permits, despite this limitation); or (iv) make the functionality of the App(s) available to multiple users through any means.
ADDITIONAL TERMS FOR APPLE APPLICATIONS
This Section applies to any App that you acquire from the Apple App Store or use on an iOS device. Apple has no obligation to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the App purchase price to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that your possession and use of the App infringe that third party’s intellectual property rights. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You must also comply with any applicable third-party terms of service when using the App.
TASTEMADE’S ROLE IN MAKER PROVIDED SERVICES
We offer a platform that enables users to offer and attend Experiences, and create, offer, and subscribe to Fan Subscriptions. Although we work hard to ensure our users and Makers have great experiences using our Services, we do not and cannot control the conduct of Fans, Guests, and Makers. You acknowledge that we have the right, not any obligation, to monitor the use of our Services and verify information provided by our Fans, Guests, and Makers. For example, we may review, disable access to, remove, or edit Content, Experiences, or Fan Subscriptions to: (i) operate, secure, and improve the Services (including for fraud prevention, risk assessment, investigation, and customer support purposes); (ii) ensure users’ compliance with the Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement, or other administrative agency or governmental body; (iv) address Content that we determine is harmful or objectionable; (v) take actions set out in the Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Content, Experiences, or Fan Subscriptions that don’t meet quality and eligibility criteria. You agree to cooperate with and assist us in good faith, and to provide us with such information and take such actions as may be reasonably requested by us with respect to any investigation undertaken by us regarding the use or abuse of our Services.
EXPERIENCES AND EVENTS
Makers and Experiences. If you are a Guest, you may sign up through the Services (including via applicable Fan Subscriptions) for certain available Makers and/or Experiences which may include scheduled in-person or virtual classes and experiences in a variety of categories, including cooking, beverage-making, home, design, travel, and others, facilitated by Makers, and may also download, access, and review recipes, guides, instructions, and other materials related to such Experiences and Makers. Each such Experience will be subject to the terms and conditions established by the Maker hosting such Experience and communicated to you through or in connection with the Services. Some Makers may offer Fans discounted or free access to select Experiences as part of their Fan Subscriptions as communicated to you through the Services.
As a Guest, you acknowledge and agree that as between any Maker and Tastemade, Makers are solely responsible for any Experiences available through the Services. Accordingly, you acknowledge and agree that Tastemade has no responsibility to ensure that any Experience (or the conduct of the applicable Maker hosting such Experience) (i) will be in compliance with all applicable laws, rules, and regulations that may apply to any Experience, including zoning laws, health laws, license laws and any other applicable laws governing properties, food and unique ingredients, such as cannabis; (ii) will be available, safe, satisfactory, or otherwise meet your requirements, needs or any other statements or descriptions posted by a Maker through the Service with respect to such Experience; or (iii) will not conflict with or infringe the rights of third parties (including any intellectual property, publicity or privacy rights). You hereby irrevocably and unconditionally release Tastemade from all claims, losses, and damages you may have against Tastemade in connection with the Experience or a Maker. You agree that you have complied and will comply with all rules and requirements set by the Maker with respect to this Experience.
In order to participate in any Experience as a Guest, you may be required to undergo additional verifications and provide additional documentation as imposed by applicable laws, rules, and regulations, or the applicable Maker hosting such Experience. You further acknowledge that Makers have the ability to control who attends their Experiences as well as the capacity and availability of their Experiences. If you are a Guest that wishes to participate in an Experience that includes cannabis, alcohol, or similar products then you hereby represent that you are at least 21 years old, and not prohibited from consuming cannabis, alcohol, or similar products under applicable laws, rules, and regulations.
You understand and agree that Tastemade does not act as an insurer or as a contracting agent for, or representative of, you as a Guest, and if you sign up to participate in any Experience, any agreement you enter into with the Maker hosting such Experience is between you and such applicable Maker and Tastemade is not a party thereto. Notwithstanding the foregoing, Tastemade serves as the limited authorized payment collection agent of the Maker for the purpose of accepting, on behalf of the Maker, payments from Fans and Guests of the amounts stipulated by the Maker in the Maker’s listing for the Experience.
Please note that Tastemade reserves the right, at any time and without prior notice, to remove or disable access to any Experience for any reason, including Experiences that Tastemade, in its sole discretion, considers to be objectionable for any reason, in violation of the Terms, or otherwise harmful to the Services.
Damage to Venue or Property at Experiences. As a Guest, you are responsible for treating the location in which the Experience is served and other Guests in a respectful manner in accordance with the rules and procedures established by the applicable Maker. You acknowledge and agree that, as a Guest, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to, or otherwise provide access to, the Experience. In the event that a Maker or another Guest claims otherwise and provides evidence of damage, including photographs, you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given forty-eight (48) hours to respond, Tastemade shall, on behalf of the Maker or other Guest, charge the payment to the credit card on file in your Tastemade account, and you expressly authorize Tastemade to do so. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Experience Location to the applicable Maker or to Tastemade (if applicable).
Guests agree to 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 Hosts or other Guests relating to Experiences or any personal or other property located at an Experience location or with respect to any investigation undertaken by Tastemade or a representative of Tastemade regarding use or abuse of the Services. If you are a Guest and as directed by Tastemade, to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Maker, at no cost to you, which process will be conducted by Tastemade or a third party selected by Tastemade, with respect to losses for which the Maker is requesting payment.
If you are a Guest, you understand and agree that Tastemade or a Maker reserves the right, in any of their sole discretion, to make a claim under your homeowner’s, renter’s or other insurance policy related to any damage or loss that you may have caused or been responsible for to an Experience location or any personal or other property located at an Experience location. You agree to cooperate with and assist Tastemade in good faith, and to provide Tastemade with such information as may be reasonably requested by Tastemade in order to make a claim under your homeowner’s, renter’s, or other insurance policy, including executing documents and taking such further acts as Tastemade may reasonably request to assist Tastemade in accomplishing the foregoing.
Makers may offer Fan Subscriptions that include specialized or premium Content, Experiences, and/or discounts that are made available specially to subscribers (collectively, such enhancements are “Fan Benefits“). Fan Benefits may, for example, include communications to you from (and the ability for you to communicate with) the Maker via the Services, access to Content such as selected videos or recipes, or discounts to attend selected Experiences at reduced rates. The Fan Benefits offered for each Fan Subscription are subject to a monthly fee (“Fan Fee“). Both the Fan Benefits and the Fan Fee are determined solely by the Maker, and the Maker may change the Fan Benefits and Fan Fee associated with a Fan Subscription by providing notice prior to your next Fan Subscription renewal date. If you do not agree to accept the proposed change, you may cancel your Fan Subscription prior to such renewal date.
Makers may choose to make Fan Subscriptions available to all users or we may enable Makers to establish membership criteria for their Fan Subscriptions or to have control over the acceptance of users as their Fans. For example, Makers may choose to permit only users over 21 years of age to join a Fan Subscription if anticipated Fan Benefits will focus on alcohol- or other regulated substance-related topics and activities.
Fan Subscriptions may include chat or other discussions or posting of Content in areas of the Services reserved for Fans. In such areas, we may make tools available to Makers for deleting or masking Content in such areas. You agree not to share your password with anyone else or otherwise enable access of others to Fan Benefits. You will not circumvent or attempt to circumvent any technological or other measures designed to prevent users who are not Fans from having access to Fan Benefits.
By subscribing to a Fan Subscription, you consent to permit us to disclose your name and other details of your account to the Maker who is providing your Fan Subscription. You may optionally allow us to share your email address with this Maker. We will not share your payment information (e.g., credit card number and billing address) with the Maker providing your Fan Subscription.
Your Fan Subscription continues until cancelled by you (or the Maker) or we terminate your access to or use of the Services or Fan Subscription in accordance with these Terms. To cancel, you can log into your Tastemade account and click “cancel subscription“ for the Fan Subscription that you wish to cancel or you may send an email to [email protected]. You will be responsible for all Subscription Fees (as defined below) (plus any applicable taxes and other charges) incurred for the then-current Fan Subscription period. If you cancel, your right to use the Fan Subscription will continue until the end of your then-current Fan Subscription period and will then terminate without further charges. At the end of your Fan Subscription, you will no longer have access to any of the Fan Benefits for that Fan Subscription, including any Content offered by the Maker as part of the Fan Subscription.
Please note that Tastemade reserves the right, at any time and without prior notice, to remove or disable access to any Fan Subscription for any reason, including Fan Subscriptions that Tastemade, in its sole discretion, considers to be objectionable for any reason, in violation of the Terms, or otherwise harmful to the Services.
AS SET FORTH BELOW, YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION, REGARDLESS OF WHETHER THE SUBSCRIPTION IS CANCELLED BY YOU, BY THE MAKER, OR BY TASTEMADE.
Note that additional key terms that govern your Fan Subscription can be found in the “Financial Terms for Guests and Fans“ and “BILLING“ sections below.
We may charge a fee to access certain Services that require a subscription in order to offer such Services that Tastemade would not otherwise make available without charging a fee (for example, Tastemade+ subscriptions). You agree to pay such fees if you subscribe to such Services. We reserve the right to determine which Services are subject to a subscription fee and may change this from time to time. If you elect to subscribe to such Services, you are a “subscriber“. You can find specific details regarding your subscription at any time by logging into your Tastemade account. You agree your subscription is for individual use only.
FINANCIAL TERMS FOR GUESTS AND FANS
Bookings, Fan Fees, and Financial Terms for Guests and Fans. Makers, not Tastemade, are solely responsible for honoring any confirmed bookings and making available any Experiences and Fan Benefits reserved through the Services. If you, as a Guest or Fan, choose to enter into a transaction with a Maker for a Fan Subscription or the booking of an Experience, you agree and understand that you will be required to enter into an agreement with the Maker and you agree to accept any terms, conditions, rules and restrictions associated with such Experience imposed by the Maker. You acknowledge and agree that you, and not Tastemade, will be responsible for performing the obligations of any such agreements, and Tastemade is not a party to such agreements and disclaims all liability arising from or related to any such agreements.
The fees displayed through the Services for each Experience are comprised of the Experience Fees (defined below) and the Service Fees (defined below). The fees displayed through the Services for each Fan Subscription are comprised of the Fan Fees (defined below) and the Service Fees. Where applicable, taxes may be charged in addition to the Experience Fees, Fan Fees, and Service Fees. The Experience Fees, Fan Fees, the Service Fees and applicable taxes are collectively referred to in these Terms as the “Total Fees“. You are responsible for timely paying the Total Fees including all charges, fees, duties, taxes, and assessments arising out of the Services regardless of when invoiced. Each Guest and/or Fan will pay to Tastemade’s third party payment processor all fees and costs arising under the Services to the designated account.
The amounts due and payable by a Guest solely relating to a Maker’s Experience are the “Experience Fees“. The amounts due and payable by a Fan solely relating to a Maker’s Fan Subscription are the “Fan Fees“. Please note that it is the Maker, and not Tastemade, that determines the Experience Fees and Fan Fees. The Experience Fee may include a cleaning and/or service or administration fee, at the Maker’s discretion. Tastemade charges a fee to Guests based upon a percentage of applicable Experience Fees and Fan Fees, which are the “Service Fees“. The Service Fees are added to the Experience Fees and Fan Fees to calculate the Total Fees (which will also include applicable taxes) displayed in the applicable Experience or Fan Subscription. Tastemade will collect the Total Fees at the time of booking confirmation and will remit the Experience Fees and Fan Fees (each less any fees payable by the Maker to Tastemade) to the Maker as described in the applicable Maker Terms.
Experiences and Fan Subscriptions will specify the Total Fees that a Guest or Fan must pay through the Services. If the Maker has reserved the right to confirm bookings or subscriptions, a Guest booking or subscription to a Fan Subscription is not confirmed until the Maker confirms the booking or subscription.
You agree to pay Tastemade for the Total Fees for any booking requested in connection with your Tastemade account if such requested bookings are confirmed by the applicable Maker. You are responsible for timely paying the Total Fees including all charges, fees, duties, taxes, and assessments arising out of the Services regardless of when invoiced. Each Guest and/or Fan will pay to Tastemade’s third party payment processor all fees and costs arising under the Services to the designated account. Your payment of such fees to the designated account constitutes payment to the Maker. In order to establish a booking pending the applicable Maker’s confirmation of your requested booking, you understand and agree that Tastemade reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting (e.g. one euro or one British pound) to verify your credit card. Once Tastemade receives confirmation of your booking from the applicable Maker, Tastemade will collect the Total Fees in accordance with the terms and conditions of these Terms and the pricing terms set forth in the applicable Experience. Please note that Tastemade cannot control any fees that may be charged to a Guest or Fan by his or her bank related to Tastemade’s collection of the Total Fees, and Tastemade disclaims all liability in this regard. Except as otherwise explicitly provided in these Terms, Total Fees are non-refundable.
Cancellations and Refunds. If, as a Guest or Fan, you cancel your requested booking or Fan Subscription at any time, Tastemade will not refund any Experience Fees and Fan Fees. If, as a Guest or Fan, you wish to cancel a confirmed booking or Fan Subscription made via the Services, the cancellation policy of the Maker communicated to you when you sign up for the applicable Experience or Fan Subscription will apply to such cancellation.
If a Maker cancels a confirmed Fan Subscription made via the Services, no refunds are available for payments corresponding to subscription periods that have already started, and we will ask that Makers complete their services for such period.
If a Maker cancels a confirmed booking made via the Services, (i) Tastemade will refund the Total Fees for such booking to the applicable Guest within a commercially reasonable time of the cancellation and (ii) the Guest will receive an email or other communication from Tastemade describing alternative Experiences and other related information.
If the Guest or Fan requests a booking or Fan Subscription from one of the alternative Experiences or Fan Subscriptions and the Maker associated with such alternative Experience or Fan Subscription confirms the Guest’s or Fan’s requested booking or subscription, then the Guest or Fan agrees to pay Tastemade the Service Fees relating to the confirmed booking for the alternative Experience or Fan Subscription, in accordance with these Terms. If a Maker cancelled a confirmed booking or subscription and you, as a Guest or Fan, have not received an email or other communication from Tastemade, please contact Tastemade at [email protected]. We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.
Donations. Some Makers may pledge to donate a portion of the funds they receive from Experiences offered via the Services to a particular cause or charity. We do not control, and do not take any responsibility or liability for, whether the Maker does in fact make the donation the Maker pledged to make, or whether the Maker complies with any laws regarding charitable donations or cause related marketing, or whether any payment or donation is tax deductible or the amount that may be deductible.
Foreign Currency. As part of the Services, Tastemade may provide a feature through which users may view Total Fees for various Experiences in foreign currencies. If provided, these Total Fees listed in foreign currencies are for informational purposes only. You understand and agree that any such foreign currencies are not the official Total Fees and at the time you request a booking you will be notified of the currency in which you will be charged together with the corresponding amount, should your booking be confirmed by a Maker. Unless otherwise communicated to you as contemplated herein, Total Fees are payable in United States currency.
Whether you make a one-time purchase or purchase a subscription (each, a “Transaction“), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card, and your email and postal addresses for billing and notification (such information, “Payment Information“). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties (for example, Stripe, Apple, or Google) so we can complete your Transaction and to charge your selected payment method (“Payment Method“) for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment, and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payments for Transactions are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.
For certain aspects of the Services, you’ll need a subscription (such subscriptions, including without limitation Fan Subscriptions and Tastemade+ subscriptions, “Subscriptions“). If you purchase a Fan Subscription or other Subscription, you will be charged the subscription fee (e.g., Fan Fee), plus any applicable taxes, and other charges (“Subscription Fee“), at the beginning of your subscription and each cycle thereafter, at the then-current Subscription Fee. The renewal period may vary depending on the type of Subscription you choose. For example, if you purchase a Subscription, which has a monthly term, your subscription will automatically renew and you will be charged on the month-anniversary (i.e., on the same day of each month as the commencement of your subscription) of the commencement of your subscription unless and until you cancel your subscription. If you purchase an annual subscription, your subscription will automatically renew and you will be charged on the anniversary of the commencement of your subscription unless and until you cancel your subscription. In the event your subscription began on a day not contained in a given month, we bill your Payment Method on the last day of such month. BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE TASTEMADE TO INITIATE RECURRING NON-REFUNDABLE PAYMENTS AS SET FORTH BELOW. If you purchase a Subscription, we (or our third-party payment processor) will automatically charge you at the beginning of each renewal period, using the Payment Information you have provided until you cancel your Subscription. For any Subscription with a subscription period longer than a month, no less than thirty (30) days and no more than sixty (60) days before your Subscription term ends, or otherwise in accordance with applicable law, Tastemade will send you a reminder with the then-current Subscription Fee. By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or Tastemade. Your Subscription continues until cancelled by you (or the Maker for any Fan Subscription), or we terminate your access to or use of the Services or Subscription in accordance with these Terms. To see the start date for your next renewal period, log into your Tastemade account.
If you change your Payment Method, this could result in changing the calendar day upon which you are billed. You acknowledge that the amount billed each Billing Period may vary due to promotional offers, changes in your subscription and changes in applicable taxes, and you authorize us to charge your Payment Method for the corresponding amounts. If Tastemade changes the subscription fee or other charges for your subscription, we will give you advanced notice of these changes by email. However, we will not be able to notify you of changes in any applicable taxes.
Very rarely, if there are special circumstances where Tastemade determines it is appropriate (e.g., your subscription Service is unavailable for days due to technical difficulties), we may provide credits to affected subscribers. The amount and form of such credits, and the decision to provide them, are at Tastemade’s sole and absolute discretion, and the provision of credits in one instance does not entitle anyone to credits in the future under similar or different circumstances.
Note that if you subscribe to a Service via an Apple App Store account or a Google Play account, you must manage your subscription directly through those services, respectively. While the terms of subscription are generally similar to that described above, please refer to the applicable Apple or Google subscription terms for the terms applicable to your subscription, including renewal terms.
ONGOING SUBSCRIPTION AND CANCELLATION
If you selected a subscription option, your subscription will continue in effect on a month-to-month or year-to-year basis, depending on the option you selected, unless and until you cancel your subscription or the account or Service is otherwise suspended or discontinued pursuant to these Terms, such as if the Maker discontinues or cancels your Fan Subscription. You must cancel your subscription before your renewal date (which you can find in your Tastemade account) in order to avoid the next billing. We will bill the monthly or annual subscription fee plus any applicable taxes to the Payment Method you provide to use during registration (or to a different Payment Method if you change your account information). If you cancel your subscription, cancellation will be effective at the end of the current Billing Period, which means that you will have continued access to your subscription for the remainder of that period, but you will not receive a refund. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. You can cancel your subscription by logging into your Tastemade account and clicking “Cancel Subscription“.
We may offer a number of subscription plans from time to time with differing conditions and limitations. Any materially different terms from those described in these Terms will be disclosed at your sign-up or in other communications made available to you. Some promotional subscriptions are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered subscription plans.
It is important that each subscriber honor the payment obligations to which the subscriber agreed. Accordingly, we reserve the right to pursue any amounts you fail to pay in connection with your subscription. You will remain liable for all such amounts and all costs incurred in connection with the collection of these amounts, including bank overdraft fees, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.
Note that if you subscribe to the Services via an Apple App Store account or a Google Play account, you must manage your subscription and cancel directly through those services, respectively. While the terms of subscription are generally similar to that described above, please refer to the applicable Apple or Google subscription terms for the terms applicable to your subscription, including specific renewal terms and when and how to cancel a subscription.
We may offer to certain qualifying users paid subscriptions on a free trial basis (“Free Trial“) for a specified period of time. If we offer you a Free Trial, the specific terms of your Free Trial will be provided at signup and/or in the promotional materials describing the Free Trial and your use of the Free Trial is subject to your compliance with such specific terms. Certain limitations may exist with respect to combining free trials with any other offers. Except as may otherwise be provided in the specific terms for the Free Trial offer, Free Trials are only available to users who have not previously held a paid subscription. When you agree to a Free Trial, you are also agreeing to sign up for a paid subscription as described above and, consequently, unless you cancel your subscription prior to the end of your Free Trial, we (or our third-party payment processor) will begin charging your payment method on a recurring (e.g., monthly) basis for the applicable recurring fee (plus any applicable taxes and other charges) at the end of the Free Trial until you cancel your subscription. Please note that you will not receive a notice from Tastemade that your Free Trial has ended and that payment for your subscription is due. If you wish to avoid charges to your Payment Method, you must cancel your subscription prior to completion of your Free Trial period. Instructions for cancelling your subscription are stated in the section above titled “Ongoing Subscription and Cancellation“. To the extent subscriptions are offered in conjunction with purchase of, or payment for, third-party products or services, you agree that Tastemade will not be liable to you for any claims arising out of or related to your purchase or use of such third-party products or services.
You agree not to do any of the following:
- Post, upload, publish, submit, or transmit any User Content that: (i) infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation, contract with any third party, or would give rise to civil liability; (iii) is fraudulent, false, misleading, or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
- Use, extract, scrape, index, display, mirror, or frame the Services, or any individual element within the Services, Tastemade’s name, any Tastemade trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without Tastemade’s express written consent;
- Use, copy, modify, record, create derivative works based upon, distribute, publicly display, or publicly perform any Content (other than your User Content) for any purpose other than for your individual benefit as expressly authorized under this Agreement, without Tastemade express written consent;
- Sell, resell, rent, or lease use of the Services to any other third parties, or otherwise allow any other third party to access and use the Services on your behalf or via your Account;
- Access, tamper with, or use non-public areas of the Services, Tastemade’s computer systems, or the technical delivery systems of Tastemade’s providers;
- Attempt to probe, scan, or test the vulnerability of any Tastemade system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Tastemade or any of Tastemade’s providers or any other third party (including another user) to protect the Services or Content;
- Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than the software and/or search agents provided by Tastemade or other generally available third-party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a Tastemade trademark, logo, URL, or product name without Tastemade’s express written consent;
- Use the Services, Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive, or false source-identifying information;
- Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
We are not obligated to monitor access to, or use of, the Services or to review or edit any Content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, including User Content, at any time and without notice, including if we, at our sole discretion, consider it to be objectionable or in violation of these Terms. We reserve the right to suspend and/or terminate your account and your access to and use of the Services if we determine, in our sole discretion, that your User Content is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Tastemade respects copyright law and expects its users to do the same. It is Tastemade’s policy to terminate, in appropriate circumstances, the accounts and/or subscriptions of account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Tastemade’s Copyright Policy at www.tastemade.com/copyright for further information.
LINKS TO THIRD PARTY WEBSITES OR RESOURCES
The Services (including Apps) may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products, or services on or available from those resources or links displayed on such websites. For example, in association with some of the Content, Experiences, and Subscriptions that we make available through our Services, we may make available (via email or other methods) links to third party websites where you can buy specific products and/or ingredients featured in such Content and Experiences. We and/or Maker(s) may be compensated by a third party in exchange for providing access to you to the third-party resources or for referencing their brands on our website. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party resources (and any associated content, products or services).
EXPORT CONTROL AND RESTRICTED COUNTRIES
You may not use, export, re-export, import, or transfer any App except as authorized by United States law, the laws of the jurisdiction in which you obtained such App, and any other applicable laws. In particular, but without limitation, no Apps may be exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. By using the Apps and Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting“ country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Apps and Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, or nuclear, chemical, or biological weapons.
We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. In addition, the Maker who provides your Fan Subscription may cancel the Fan Subscription, in the Maker’s sole discretion, at any time, and we will let you know. If you want to cancel a subscription for a paid Service, including a Fan Subscription, please see the “Fan Subscriptions“ and “Ongoing Subscriptions and Cancellations“ sections above. Upon any termination, suspension, discontinuation, or cancellation of the Services or your account, all provisions of these Terms which by their nature should survive will survive, including ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
THE SERVICES, INCLUDING THE EXPERIENCES, SUBSCRIPTIONS, AND CONTENT AVAILABLE THOUGH THE SERVICES, ARE PROVIDED “AS IS,“ WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES, EXPERIENCES, SUBSCRIPTIONS, OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, SAFETY, TASTE, NUTRITIONAL VALUE, OR RELIABILITY OF ANY INFORMATION OR CONTENT MADE AVAILABLE THROUGH THE SERVICES OR IN CONNECTION WITH ANY EXPERIENCE OR SUBSCRIPTION.
YOU UNDERSTAND AND AGREE THAT ANY OPINIONS, RECOMMENDATIONS, OR OTHER STATEMENTS EXPRESSED BY MAKERS, GUESTS, FANS OR OTHER USERS VIA THE SERVICES ARE THEIR OWN. WITHOUT LIMITING THE FOREGOING, TASTEMADE DOES NOT ENDORSE, SUPPORT, REPRESENT, OR GUARANTEE THE COMPLETENESS, TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY SUCH OPINIONS, RECOMMENDATIONS, OR OTHER STATEMENTS. USE OF OR RELIANCE UPON ANY INFORMATION OR OPINIONS PROVIDED BY THE MAKERS, GUESTS, FANS, OR OTHER USERS IS SOLELY AT YOUR OWN RISK.
You will indemnify and hold harmless Tastemade and its officers, directors, stockholders, employees, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services or Content, including any participation in an Experience or any Subscription; (ii) your User Content; or (iii) your violation of these Terms.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER TASTEMADE NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TASTEMADE OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY THE LAW, IN NO EVENT WILL TASTEMADE’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, EXPERIENCES, SUBSCRIPTIONS, OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO TASTEMADE FOR USE OF SUCH SERVICES OR CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO TASTEMADE, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TASTEMADE AND YOU.
These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California without regard to its conflict of laws provisions. Except as otherwise expressly set forth in the “Arbitration“ Section, the exclusive jurisdiction for all Disputes (defined below) that you and Tastemade are not required to arbitrate will be the state and federal courts located in Central District of California in Los Angeles, California, and you and Tastemade each waive any objection to jurisdiction and venue in such courts.
You and Tastemade agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services (collectively, “Disputes“) will be resolved solely by binding individual arbitration and not in a class, representative, or consolidated action or proceeding. You and Tastemade agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Tastemade are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
As limited exceptions to the previous paragraph: (i) you and Tastemade both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) you and Tastemade each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide Tastemade with written notice of your desire to do so by email at [email protected] or mail at 3019 Olympic Blvd., Stage C, Santa Monica, CA 90404, Attn: General Counsel, within thirty (30) days following the date you first agree to these Terms (such notice, an “Arbitration Opt-out Notice“). If you don’t provide Tastemade with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above.
Except as provided in the limited exceptions described in the second and third paragraphs of this section, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
YOU AND CLIENT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
With the exception of any of the provisions in the preceding paragraph (“Class Action Waiver“), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
The arbitration will be conducted by the American Arbitration Association (“AAA“) under its Commercial Arbitration Rules (the “AAA Rules“) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration here.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
ARBITRATION LOCATION AND PROCEDURE
Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Tastemade submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability“ section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Tastemade will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous or that it was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If we prevail in arbitration, we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
Notwithstanding the provisions of the “Changes to Terms“ section above, if Tastemade changes this “Dispute Resolution“ section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (by mail or by email to [email protected]) to be received by us within thirty (30) days of the date such change became effective, as indicated in the “Last Updated“ date above or in the date of Tastemade’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Tastemade in accordance with the provisions of this “Dispute Resolution“ section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
You may not assign or transfer these Terms, by operation of law or otherwise, without Tastemade’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Tastemade may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Any notices or other communications provided by Tastemade under these Terms will be given by Tastemade (i) via email or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
Tastemade’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Tastemade. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms or the Services please contact Tastemade at Tastemade, Inc., 3019 Olympic Blvd, Stage C, Santa Monica, CA 90404, or via e-mail at [email protected]