Terms of Service
Effective: April 3, 2016
We're excited you've decided to use our products and services, all of which we refer to as the "Services."
We've drafted these Terms of Service (which we will call the "Terms") so you'll know the rules that govern our relationship with you. Although we've tried to put this in plain English, there are places where these Terms may still have some legalese and read like formal legal documents - which is apt since these Terms form a legally binding contract between you and Tastemaker. So please read them carefully.
1. Who Can Use the Services
No one under 13 is allowed to create an account or use the Services. We or our partners may offer additional Services with additional terms that may require you to be even older to use them, so please read all terms carefully.
By using the Services, you state that:
- You can form a binding contract with Tastemaker - meaning that if you're between 13 and 17, your parent or legal guardian has reviewed and agreed to these Terms;
- You are not a person who is barred from receiving the Services under the laws of the United States or any other applicable jurisdiction–meaning you do not appear on the U.S. Treasury Department's list of Specially Designated Nationals or face any other similar prohibition; and
- You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
If you are using the Services on behalf of a business or some other entity, you state that you are authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of the business or entity.
2. Your Content
Our Services let you create, upload, post, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with.
But you grant Tastemaker a worldwide, perpetual, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, create derivatives works from, publicly perform, broadcast, distribute, syndicate, promote, exhibit, and publicly display that content in any form and in any and all media or distribution methods (now known or later developed). We will use this license for the limited purpose of operating, developing, providing, promoting, and improving the Services; researching and developing new ones; and making content submitted through the Services available to our business partners for syndication, broadcast, distribution, or publication outside the Services.
To the extent it's necessary, you also grant Tastemaker and our business partners the unrestricted, worldwide, perpetual right and license to use your name, username, and likeness in any and all media and distribution channels (now known or later developed) in connection with any content you create, upload, post, send, or appear in. This means, among other things, that you will not be entitled to any compensation from Tastemaker or our business partners if your name, username, likeness, or other identifying features is conveyed through the Services.
While we're not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including if we think your content violates these Terms. You alone though remain responsible for the content you create, post, store, or send through the Services.
We welcome and encourage feedback, suggestions, ideas, and improvements you'd like to see in Tastemaker – but if you volunteer feedback or suggestions, know that we can use your ideas without compensating you.
3. The Content of Others
Much of the content on our Services is produced by users and other third parties. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the person or organization that created it. Although Tastemaker reserves the right to review all content that appears on the Services and to remove any content that violates these Terms, we do not necessarily review all of it. So we cannot–and do not–take responsibility for any content that others provide through the Services.
Through these Terms and our Community Guidelines below, we make clear that we do not want the Services put to bad uses. But because we do not review all content, we cannot guarantee that content on the Services will always conform to our Terms or Community Guidelines.
4. Community Guidelines
Tastemaker is about small adventures to check out someplace new. Our goal in creating these rules is to accommodate the broadest range of self expression while balancing the need for our Services to be enjoyed and used safely.
Be thoughtful about what you post to the Services. Don't use the Services for anything illegal. Don't use the Services or post to the Services for anything related to: pornography, nudity or sexually suggestive content involving people under the age of 18, invasions of privacy, threats, harassment or bullying, impersonation, self-harm.
Violating these rules may result in the removal of content, the suspension of your account, and/or being prohibited from using parts of the Services.
These rules will change as Tastemaker changes. We will do our best to enforce them consistently and fairly, and we'll try to do what we think is best in each situation, at our own discretion.
6. Respecting Other People's Rights
You may not post or send content that:
- Violates or infringes on someone else's rights of publicity, privacy, copyright, trademark, or other intellectual property right;
- Bullies, harasses, or intimidates;
- Defames; or
- Spams or solicits Tastemaker's users.
You must also respect Tastemaker's rights. These Terms do not grant you any right to use branding, logos, designs, photographs, videos, or any other materials used in our Services. Nor may you download, distribute, syndicate, broadcast, perform, or display any portion of the Services except as set forth in these Terms.
You may not use the Services in ways that are not authorized by these Terms.
7. DMCA/Copyright Policy
It is our policy to terminate in appropriate circumstances accounts who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. We also take reasonable steps to swiftly remove from our Services any infringing material that we become aware of.
If you believe that anything on the Services infringes a copyright that you own or control, please file a notice with our designated agent:
Attn: Copyright Agent
365 N Halsted, #2507
Chicago, IL 60661
email: [email protected]
If you file a notice with our Copyright Agent, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means the notice must:
- Contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner;
- Identify the copyrighted work claimed to have been infringed;
- Identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material;
- Provide your contact information, including your address, telephone number, and an email address;
- Provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- Provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We try hard to keep our Services a safe place for all users. But we can’t guarantee it. That’s where you come in. By using the Services, you agree that:
- You will not use the Services for any purpose that is illegal or prohibited in these Terms;
- You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user’s information;
- You will not use or develop any third-party applications that interact with other users’ content or the Services without our written consent;
- You will not use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services;
- You will not use or attempt to use another user’s account, username, or password without their permission;
- You will not solicit login credentials from another user;
- You will not post content that contains pornography, graphic violence, threats, hate speech, or incitements to violence;
- You will not upload viruses or other malicious code or otherwise compromise the security of the Services;
- You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access;
- You will not probe, scan, or test the vulnerability of our Services or any system or network; and
- You will not encourage or promote any activity that violates these Terms.
We also care about your safety while using our Services. So do not use our Services in a way that would distract you from obeying traffic or safety laws.
9. Your Account
You are responsible for any activity that occurs in your account.
By using the Services, you agree that, in addition to exercising common sense:
- You will not create more than one account for yourself;
- You will not create another account if we have already disabled your account, unless you have our written permission to do so;
- You will not buy, sell, rent, or lease access to your Tastemaker account, a Tastemaker username, or Tastemaker activity (for example votes, saves, visits, or other activities related to the Services) without our written permission;
- You will not share your password, login, or account; and
- You will not log in or attempt to access the Services through unauthorized third-party applications or clients.
10. In-App Purchases and Payments
We may offer various virtual goods and services (all of which we call “Products”) that you can purchase and use through the Services. You don’t own these Products; instead you buy a limited revocable license to use them. You’ll always be shown the price for any Product before you complete the purchase. But Tastemaker does not handle payments or payment processing for in-app purchases; those are handled by the app store you use (such as Apple’s App Store or Google’s Play Store). The app store you use may charge you sales tax, depending on where you live. Please check the app store’s relevant terms for details.
All in-app sales are final and non-refundable. And because our performance begins once you tap “Buy” and we give you immediate access to your purchase, you waive any right you may have under EU or other local law to cancel your purchase once it’s completed or to get a refund. BY ACCEPTING THESE TERMS, YOU AGREE THAT TASTEMAKER IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON.
Some of the Products we offer are for one-time use only, while others are for repeated use. But please note that “repeated” does not mean “forever.” We may change, modify, or eliminate Products at any time, with or without notice. You agree that we will bear no liability to you or any third party if we do so. If we suspend or terminate your account, you will lose any Products you purchased through the Services.
It’s your sole responsibility to manage your in-app purchases. For information about how to restrict in-app purchases on your device, please consult your app store’s terms. If you are under 18, you must obtain your parent’s or guardian’s consent before making any purchases.
11. Your License
Tastemaker grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Service’s benefits in a way that these Terms and our Community Guidelines allow.
Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions or you have our written permission to do so.
12. Data Charges and Mobile Phones
You are responsible for any mobile charges that you may incur for using our Services, including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services.
13. Third-Party Services
If you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party’s terms will govern the respective party’s relationship with you. Tastemaker is not responsible or liable for those third party’s terms or actions taken under the third party’s terms.
14. Modifying the Services and Termination
We’re always improving our Services and creating new ones all the time. That means we may add or remove features or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand.
You can terminate these Terms at any time and for any reason by uninstalling the app from your device.
Tastemaker may also terminate these Terms with you at any time, for any reason, and without advance notice. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use the Services. For example, we may deactivate your account due to prolonged inactivity, and we may reclaim your username at any time for any reason.
Regardless of who terminates these Terms, both you and Tastemaker continue to be bound by Sections 2, 6, 10, 14-19 of the Terms.
You agree to indemnify, defend, and hold harmless Tastemaker, our managing members, shareholders, employees, affiliates, licensors, and suppliers from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content; and (c) your breach of these Terms. If you are agreeing to these Terms on behalf of a business or other entity, this indemnity obligation applies to that business or other entity.
We try to keep the Services up and running and free of annoyances. But we make no promises that we will succeed.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE TASTEMAKER ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY TASTEMAKER CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.
TASTEMAKER TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH TASTEMAKER WILL BE RESPONSIBLE FOR.
17. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TASTEMAKER AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR POSTS, EVEN IF TASTEMAKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL TASTEMAKER’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID TASTEMAKER, IF ANY, IN THE LAST 12 MONTHS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
19. Final Terms
- These Terms make up the entire agreement between you and Tastemaker, and supersede any prior agreements.
- These Terms do no create or confer any third-party beneficiary rights.
- If we do not enforce a provision in these Terms, it will not be considered a waiver.
- We reserve all rights not expressly granted to you.
Tastemaker welcomes comments, questions, concerns, or suggestions. Send feedback to [email protected] or reach us on Twitter, Facebook, or anywhere else you can find us.
Tastemaker is located in the United States at 365 N Halsted, Chicago, Illinois 60661.