Notice: Some images and recipes were reprinted with permission from various publishers, their participating bloggers and different syndication platforms. If you have any concerns or questions or would like to assign specific recipes to a dedicated profile with your personal name or blog name, or would like any content to be updated or removed, please read our Copyright Policy.
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Welcome to hypefoodie.com (the “Web site”). Please read this Terms and Conditions of Use Notice (“Notice”) carefully before using the Web site. By viewing or otherwise using this Web site, you agree you are 13 or older and agree to the HypeFoodie privacy policy and to the terms and conditions in this Notice.
We reserve the right in our sole discretion to change, modify, add, or delete portions of this Notice at any time. This Notice applies exclusively to your access to, interaction with, and use of, this Web site and does not alter in any way the terms or conditions of any other agreement you might have with hypefoodie.com, Inc. (“HypeFoodie”) for products, services, or otherwise.
Privacy Policy
HypeFoodie believes strongly in protecting user privacy. HypeFoodie has therefore adopted a Privacy Policy. Users of this Web site should refer to HypeFoodie Privacy Policy before providing any information.
USER REGISTRATION
(A) In order to access or use some features of the Web site, you will have to become a registered user. If you are under the age of thirteen, then you are not permitted to register as a user or otherwise submit personal information to hypefoodie.com.
(B) In order to become a registered user, you must provide true, accurate and complete registration information and, if such information changes, promptly update the relevant registration information. During registration, you will create a user name and password (a “Membership”), which may permit you access to certain areas of the Web site not available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your Membership. You are solely responsible for the activity that occurs under your Membership, whether or not you have authorized the activity. You agree to notify us immediately of any breach of security or unauthorized use of your Membership.
(C) Recipes or other content saved by a member will be public and viewable by all.
Proprietary Rights
I. Content
HypeFoodie or its affiliates or licensors solely and exclusively own all rights, title and interest in all web site materials, including, without limitation, the HypeFoodie logo, design, text, copy, graphics, videos, other files, and the selection and arrangement thereof (collectively, “Content”).
II. Website Usage
Other than as expressly permitted in these Terms of Use, you may not reproduce, distribute, publish, transmit, modify, create derivative works from, or otherwise exploit any content, code, data or materials on or available through the web site. When you use the website, you agree to comply with all applicable federal, state, and local laws, including, without limitation, copyright law. You may display and print material from this Web site solely for personal, non-commercial use, provided you keep all copyright or other proprietary notices intact. Any other use of Content, including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance, without the prior written permission of HypeFoodie, is strictly prohibited.
Other prohibited uses include:
i) Use of robots, spiders, or any automatic device, or use of any manual process to copy or scrape the web site Content for any purpose without the express written permission of HypeFoodie. Notwithstanding the foregoing, HypeFoodie grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.
ii) You may not use, frame or utilize framing techniques to enclose any HypeFoodie trademark, logo, or other proprietary information, including the images found at this Web site, the content of any text, or the layout/design of any page or form contained on any page of the Web site, without HypeFoodie’s express written consent. Except as noted in these Terms of Use, you are not conveyed any right or license, by implication, estoppel or otherwise, in or under any patent, trademark, copyright, or proprietary right of HypeFoodie or any third party.
III. API Usage
You are granted a limited, nonexclusive, non-sublicensable right to access the HypeFoodie Application Programming Interface (API) on the terms specified herein. This website, the API and the Content are available for your personal, non-commercial use only. Any other use, including but not limited to any commercial use, reproduction for mass distribution, modification, republication, display, or performance, without the prior written permission of HypeFoodie, is strictly prohibited. You may not reproduce, distribute, publish, transmit, modify, create derivative works from, or otherwise exploit any content, code, data or materials available through the API.
We reserve the right, without notice and in our sole discretion, to terminate your license to use the API. Violation of any of these terms or conditions may subject you to legal actions.
IV. Trademarks
“hypefoodie.com,” “HypeFoodie,” and other trademarks on this Web site are trademarks of HypeFoodie or its affiliates or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of HypeFoodie. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of HypeFoodie, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of HypeFoodie. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Web site are the property of their respective owners.
HypeFoodie might have other patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in any Web pages, and any software part of the Web site. Except to the extent we may have granted you licenses to certain intellectual property in this Notice, our providing you with such Web pages or any software does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.
Hyperlinks
You are granted a limited, nonexclusive right to create a hyperlink to the homepage or recipe home page of this Web site only, provided such link does not portray HypeFoodie or any of its products and services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time.
Third-Party Content & Services
HypeFoodie may provide hyperlinks to sites such as search engines and content of third parties (“Third-Party Content”) as a service to those interested in this information. HypeFoodie does not monitor nor does HypeFoodie have control over any Third-Party Content. HypeFoodie does not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. HypeFoodie does not warrant the accuracy of any information contained on, and undertakes no responsibility to update or review, any Third-Party Content. Users use these hyperlinks and Third-Party Content contained therein at their own risk.
Submissions
By submitting, disclosing, or offering any recipe, review, photograph, image, video, “favorites” list, comments, feedback, postcards, suggestions, ideas, notes, drawings, concepts, and other information, content or material, or other item (each, a “Submitted Item”) to HypeFoodie, either online or offline and whether or not solicited by HypeFoodie, you hereby grant to HypeFoodie an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense, and otherwise commercially and non-commercially exploit your Submitted Items and all copyright, trade secret, trademark, or other intellectual property rights therein, in any manner or medium now existing or hereafter developed (including but not limited to print, film, or electronic storage devices), and the exclusive right to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense, and otherwise exploit all such materials on commercial websites, without compensation of any kind to you or any third party.
You hereby represent and warrant (a) you have all necessary right, power, and authority to grant the license set forth herein to your Submitted Item, and (b) your Submitted Item does not violate, misappropriate, or infringe any copyright, trade secret, trademark or other intellectual property right of any third party. You will take, at HypeFoodie’s expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by HypeFoodie to effect, perfect, and confirm the license granted to HypeFoodie to your Submitted Item as set forth herein.
Publication or use of any Submitted Items is at the sole discretion of HypeFoodie and HypeFoodie is under no obligation to publish or use any Submitted Item. If your Submitted Item is published, used and/or posted on the Web site or otherwise used by HypeFoodie, we may include your name, likeness, photo or biographical information in conjunction with such publication, posting, or use. By submitting, disclosing, or offering a Submitted Item, you hereby grant HypeFoodie the right to use your name in connection with the publication, use or posting of your Submitted Item. You must include your full name and e-mail address with your Submitted Item so we can contact you if we have any questions about your Submitted Item; however, only your name and not your e-mail address will be published with your Submitted Item.
User Conduct
This Web site might include discussion forums or other interactive areas, including, but not limited to, bulletin boards, and recipe storage and exchange areas. All such forums and interactive areas shall be used only for non-commercial purposes. You are solely liable for any material you upload or transmit to the discussion forums or interactive areas of this Web site. You agree not to use the Web site to do any of the following:
Upload, post, e-mail, transmit, distribute or otherwise publish any message, information, text or other material (“Material”) that may be considered to be unlawful, harmful, libelous, tortious, defamatory, obscene, vulgar, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, hateful, or racially, ethnically or otherwise objectionable;
Upload or transmit any Material that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, Provincial, Federal, or international law;
Upload, e-mail, transmit, or otherwise make available any Material that might infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
Without HypeFoodie’s written permission, distribute, publish, or make available any unsolicited or unauthorized promotions, advertising or solicitations for funds, goods or services, including junk mail, spam, and chain letters;
Harm minors in any way; or
Upload, post, e-mail, transmit, or otherwise make available any Material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
Disclaimer
THIS WEB SITE AND THE CONTENT AVAILABLE ON IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND YOU AGREE USE OF THIS WEB SITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK. HYPEFOODIE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. HYPEFOODIE DOES NOT REPRESENT OR WARRANT MATERIALS ON THIS WEB SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. HYPEFOODIE DOES NOT REPRESENT OR WARRANT THIS WEB SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE YOUR USE OF THE WEB SITE AND CONTENT IS AT YOUR SOLE RISK.
HypeFoodie reserves the right to change any and all Content contained on this Web site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by HypeFoodie.
Limitation of Liability
IN NO EVENT SHALL HYPEFOODIE OR ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THIS WEB SITE OR CONTENT CONTAINED ON, OR ACCESSED THROUGH, THIS WEB SITE, EVEN IF HYPEFOODIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HYPEFOODIE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO EQAL FOR THE EQAL SERVICES DURING THE TERM OF MEMBERSHIP.
Indemnification
You agree to defend, indemnify and hold harmless HypeFoodie, its affiliates, and all of their officers, directors, agents, suppliers, and licensors from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Web site or any Materials or Submissions you provide, including, but not limited to, any claim by a third party that any Materials or Submissions infringe or violate such third party’s rights or interests.
Removal and Disclosure
We reserve the right to, at our sole discretion, remove, take down, destroy or delete any Material and Submissions at any time and for any reason, including, but not limited to Material and Submissions, that we deem inappropriate or which we believe might subject us to any liability. We may access, use and disclose transaction information about your use of our Web site, and any Material and Submissions transmitted by you via or in connection with our Web site, to the extent permitted by law, in order to comply with the law (e.g., a lawful subpoena); to initiate, render, bill and collect for our products and services; to protect our rights or property, or to protect users of our Web site from fraudulent, abusive, or unlawful use of our Web site. INDIRECT OR ATTEMPTED VIOLATIONS OF THIS NOTICE OR ANY RELATED POLICY, GUIDELINE OR AGREEMENT, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THIS AGREEMENT BY YOU.
Applicable Law
These Terms of Use shall be governed and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to its conflict of laws provisions. You agree any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in the jurisdiction of the Courts in the Province of Ontario, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of this Notice.
Termination
HypeFoodie reserves the right, without notice and in its sole discretion at any time, to terminate your license to use this Web site, to block or prevent future access to and use of this Web site, and to remove and discard any Material and Submissions.
Severability
If any provision of this Notice shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Notice and shall not affect the validity and enforceability of any remaining provisions.