ChefShares™ is a website and mobile application service that connects chefs and restaurants to food lovers everywhere. We provide a resource for chefs and restaurants ("Content Owner") to sell recipes directly to consumers and for users to rate or comment on food and food-related topics (collectively, "Content")
TERMS AND CONDITIONS OF USE
TERMS. By accessing or using the ChefShares™ website, or any ChefShares™ mobile application (the "Services"), you are agreeing to be bound by these website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, do not access the Services. The materials contained in this website are protected by applicable copyright and trademark law. The following additional Terms apply to your use of the Services:
- You must be at least 13 years of age to use the Services.
- You are responsible for any activity that occurs through your account.
- You are responsible for keeping your password secret and secure.
- You must not change, modify, adapt, or alter the Services or change, modify alter another website so as to imply that it is associated with ChefShares™.
- You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a "spam") to any ChefShares™ users.
- You must not interfere or disrupt the Services or servers or networks connected to the Services, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any ChefShares™ page is rendered or displayed in a user's browser or device.
- You must not create accounts with the Services through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler, or scraper.
- You may not post or transmit violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive content via the Services.
- You may not defame, stalk, bully, abuse, harass, threaten, impersonate, or intimidate people or entities and you must not post private or confidential information via the Service, including without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
LIMITED RIGHT TO USE CONTENT
- ChefShares™ connects chefs with consumers by providing a medium whereby Content is uploaded onto the ChefShares™ web platform by chefs and made available to users of the ChefShares™ Services' for a fee. ChefShares™ and its Content Partners, grant to you a limited and non-transferrable, world-wide license in perpetuity, for use of the Content by the user, only. You may not use the Content for commercial purposes, unless you agree to a separate license agreement with ChefShares™ and the Content Owner. The purchase of Content through ChefShares™ affects the grant of a license and does not transfer title or any other rights in the Content to you. You may not publicly display, copy or otherwise disseminate the Content. You may not remove any copyright or trademarks, or symbols thereof, from the Content. If, in its sole discretion, ChefShares™ believes that you have violated the terms of this section, ChefShares™ may terminate your license or otherwise terminate your use of the Services.
DISCLAIMER. THE MATERIALS ON the ChefShares™ SERVICES ARE PROVIDED "AS IS" AND ChefShares™ MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF LAWS. FURTHER ChefShares™ DOES NOT WARRANT TO MAKE REPRESENTATIONS REGARDING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE CONTENT PROVIDED VIA THE SERVICES.
LIMITATION OF LIABILITY. In no event shall ChefShares™ or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on ChefShares'™ Internet site, even if ChefShares™ or a ChefShares™ authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
REVISIONS AND ERRATA. The materials appearing on ChefShares'™ website could include technical, typographical, or photographic errors. ChefShares™ does not warrant that any of the materials on its website are accurate, complete, or current. ChefShares™ may make changes or remove the Content available through the Services at any time without notice. ChefShares™ does not, however, make any commitment to update the materials.
LINKS. ChefShares™ has not reviewed all of the sites linked to its Internet website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by ChefShares™ of the site. Use of any such linked website is at the user's own risk.
GOVERNING LAW & DISPUTE RESOLUTION. Any claim relating to ChefShares'™ website shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions. Should any dispute arise regarding the Services, all disputes shall be heard in the state or federal courts located in the City and County of Denver, Colorado.
PURCHASE OF CONTENT. Upon purchase of any Content, you agree to share your contact information, including but not limited to name and email address, with the recipe author (chef and/or restaurant). You may opt out of this by logging into your ChefShares™ account and adjusting your sharing preferences in your Account Settings.
PAYMENTS TO CONTENT OWNERS
- ChefShares™ will pay Content Owners 50% of net proceeds per recipe sale on the 28th of each calendar month. Net proceeds are defined as final sale price after bank fees and expenses. Content Owners must provide accurate ACH payment information (bank routing number and account number) on their Account Settings profile. If inaccurate information is provided, or no information is provided, ChefShares™ will hold payments until such information is provided. ChefShares™ will hold payments to Content Owners until their account balance has reached $25.00 USD. All payments to Content Owners will be made via ACH online transfers.
RECIPE COPYRIGHTS. Content Owners warrant and represent ownership to any Content uploaded or otherwise provided via the Services, and that the Content Owner is authorized to so provide the Content for use in connection with the Services. ChefShares™ disclaims any copyright or ownership in the Content. Content Owners grant to ChefShares™ a universal, perpetual, transferable license to use the Content in connection with the Services, and agrees and consents that ChefShares™, in its sole discretion, may alter, amend, or otherwise modify the Content to ensure compliance with state and federal laws and regulations, or as ChefShares™ determines necessary for the provision of the Services.
INDEMNIFICATION. Users (or any third party for whom you operate an account on the Service) of the ChefShares™ Services and Content Owners agree to defend, indemnify, and hold ChefShares™, its owners, employees, directors, and parent company harmless from and against any claims, liabilities, damages, losses, and expenses. Including without limitation, reasonable attorney fees and costs, arising out of or in any way connected with your Content or use of the Content; your breach of these Terms of Service; your breach of any third-party’s privacy or intellectual property rights; your violation of any laws, rules, regulations, codes, and statutes; or any misrepresentation made by you. You will agree to cooperate fully, as required by ChefShares™. ChefShares™ reserves the right to assume the exclusive defense or control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of ChefShares™.
- We provide certain information that you provide directly to ChefShares™, such as your username, password and email address; information that you provide to ChefShares™ in the creation of your account, such as, for your example, your name, picture, or the ratings and comments that you provide to ChefShares™, and any communications between you and ChefShares™.
- We allow you to access the ChefShares™ services through a third-party Facebook account. When you log-in through your Facebook account, Facebook sets certain controls on the types of information that is shared with ChefShares™. You also may have the ability to control the types of information from your Facebook account that you choose to provide to ChefShares™.
- How We Use Your Information.
- When you purchase a recipe or other Content, we will add you to ChefShares'™ e-mail list. The ChefShares'™ newsletter is operated by a third-party service, such as MailChimp, and your email address will be provided to that third-party provider. You will have the opportunity to opt-out of these emails.
- We share information such as your email address with chefs or restaurants who have signed up for ChefShares™ Premium service.
- Additionally, we may use the information that you provide to ChefShares™ for analytics purposes; to improve the Content available to users and look and feel of the ChefShares™ Services; to develop new products and features; diagnose and fix technical problems; and to remember some of the information that you provide to ChefShares™ so that you do not need to input when you return to the ChefShares™ Services.
- ChefShares™ will take reasonable efforts to maintain the privacy of the information you provide to us.
- We may retain some or all of the information that you provide to ChefShares™ after you have terminated your account.
- We use Google Analytics, including Google advertising cookies and anonymous identifiers to collect analytics data from our website and app. You may opt out of these tracking methods using a browser add-on provided by Google.