These terms and conditions are effective immediately for those registering accounts after that date and will become effective October 20, 2018. These terms and conditions (the "Terms") govern your access to and use of TasteFinders webmobile application/site s and mobile applications that link to or reference these Terms ("Mobile application/site "). By accessing or using the mobile application or mobile application/site , you are agreeing to these Terms and concluding a legally binding contract with TasteFinder Inc. a Delaware corporation. Do not access or use the webmobile application/site or mobile application if you are unwilling or unable to be bound by the Terms.
"You" and "your" refer to you, as a user of the Mobile application/site . A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses the Mobile application/site . "We," "us," and "our" refer to TasteFinder. "Content" means text, images, photos, audio, video, location data, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to, through, or in connection with the Mobile application/site , such as ratings, reviews, compliments, invitations, interests, messages, and information that you publicly display or displayed in your account profile. "User Content" means Content that users submit or transmit to, through, or in connection with the mobile application or mobile application/site . "TasteFinder Content" means Content that we create and make available in connection with the mobile application or mobile application/site . "Third Party Content" means Content that originates from parties other than TasteFinder or its users, which is made available in connection with the mobile application or mobile application/site .
You may not access or use the Mobile application/site if you are a competitor of ours or if we have previously banned you from the mobile application/mobile application/site or closed your account.
We grant you permission to use the mobile application or mobile application/site on your own accord. In other words, your use of the mobile application/mobile application/site is at your own risk including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
The mobile application/mobile application/site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
By creating an account, you agree to receive certain communications in connection with the mobile application/mobile application/site . For example, you might receive messages, compliments or friend requests from other Users.
You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by TasteFinder. You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation. Other users are able to report certain posts and content if it is found it breaches our policies and regulations.
We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own webmobile application/site s and media platforms ("Other Media"). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the mobile application/mobile application/site and any Other Media the right to access Your Content in connection with their use of the Mobile application/site and any Other Media. Finally, you irrevocably waive, and cause to be waived, against TasteFinder and its users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
As between you and TasteFinder you own Your Content. We own the TasteFinder Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Mobile application/site Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Mobile application/site excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the TasteFinder Content and the Mobile application/site , which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the TasteFinder Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Mobile application/site and the TasteFinder Content are retained by us.
TasteFinder and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
We make some of the Mobile application/site Content ("Feed Content") available via local radius user feeds ("News Feeds"). You may access and use the Newsfeed to find what other local users are eating around you and generally browse the newsfeed for personal entertaintment. TasteFinder is authorized to work with 3rd party advertisers to promote advertising via NewsFeed. TasteFinder does not need permission or notify the users for these advertising opportunities should TasteFinder partake in them. Users are not subjected to any compensation for clicking on the ad’s or any ad revenue generated by TasteFinder Inc.
We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days' prior written notice to us, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
You represent that you have read and understood our Content Guidelines
Please see our Event Terms and Conditions for information about events listed on or linked to on the Mobile application/site . You represent that you have read and understood them.
If you purchase a TasteFinder Deal or Gift Certificate, the terms of your purchase will be governed by the TasteFinder General Terms for Deals and Certificates. Please review them before you make each purchase since they may change from time to time. In the event of any conflict between the TasteFinder General Terms for Deals and Certificates and these Terms, the TasteFinder General Terms for Deals and Certificates will prevail. Similarly, if you create a business owner's account on the Mobile application/site or purchase advertising from TasteFinder, the TasteFinder Advertising Agreement will apply. In the event of any conflict between the TasteFinder Advertising Agreement and these Terms, the TasteFinder Advertising Agreement will prevail.
By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against TasteFinder and its users any claims and assertions of any moral rights contained in such Feedback.
The Mobile application/site may include links to other webmobile application/site s or applications (each, a "b<>Third Party Mobile application/site"). We do not control or endorse any Third Party Mobile application/site . You agree that we are not responsible for the availability or contents of such Third Party Mobile application/site s. Your use of Third Party Mobile application/site s is at your own risk. Some of the services made available through the Mobile application/site may be subject to additional third party or open source licensing terms and disclosures, including the ones posted and incorporated herein by reference.
You agree to indemnify, defend, and hold TasteFinder, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the "TasteFinder Entities") harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Mobile application/site , (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the Mobile application/site , or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. TasteFinder reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of TasteFinder. TasteFinder will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Please read this section carefully since it limits the liability of the tastefinder entities to you. each of the subsections below only applies up to the maximum extent permitted under applicable law. nothing herein is intended to limit any rights you may have which may not be lawfully limited. if you are unsure about this or any other section of these terms, please consult with a legal professional prior to accessing or using the mobile application/site . by accessing or using the mobile application/site , you represent that you have read, understood, and agree to these terms, including this section. you are giving up substantial legal rights by agreeing to these terms.
California law will govern these terms, as well as any claim, cause of action or dispute that might arise between you and tastefinder (a "claim"), without regard to conflict of law provisions. for any claim brought by either party, you agree to submit and consent to the personal and exclusive jurisdiction in, and the exclusive venue of, the state and federal courts located within san francisco county, california