The Services means sites, products, or other offerings we provide, including but not limited to:
Company websites, pages, sites, accounts or channels accessible through any Internet or wireless enabled device (each, a “Website”); Mobile applications; Ticketing and live event gatherings we host or sponsor; and
Company online platforms and related offerings, including the ifooder Creator Platform. Registered users of our Services are “Members” and unregistered users are “Visitors”. This Agreement applies to both Members and Visitors (collectively, “Users”).
By using or accessing the Services in any manner, you or the entity you represent (“you,” or “your”) agree that you have read and agree to be bound by this Agreement to the exclusion of all other terms. If you do not agree to all the terms and conditions of this Agreement (and third party terms, such as YouTube’s Terms of Service, where applicable), you have no right to use and should not use the Services.
We may modify this Agreement from time to time. If we make material changes to it, we will provide you with the opportunity to review the changes before they become effective. If you object to any changes, you may close your account or discontinue use of the Services. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms.
2.1 Access to the Services
The Services are owned and operated by the Company. We may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or Content (as defined below). We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
2.2 Service Eligibility
You must be 18 or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 are not permitted to use the Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 13. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
We do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the Services. If you are under 13, please do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at email@example.com
2.3 Your Account
When you register and join an applicable Service offered by the Company, you become a Member. Members are account holders. You agree to: (i) try to choose a strong and secure password; (ii) keep your password secure and confidential; (iii) not transfer your account to any third party or person; and (iv) follow the law and our list of Dos and Don’ts. You are responsible for anything that happens through your account unless you close it or report misuse.
Terms Applicable For ifooder Brand Campaigns
If you are eligible to participate in ifooder brand campaigns (“ifooder Brand Campaigns”), you may receive compensation for videos, social posts, or other content (collectively, “ifooder Brand Campaigns Content”) that you create, post and/or upload in accordance with Company’s normal policies regarding producer compensation and payment, and in accordance with any and all payment terms set forth on the Website or in an applicable campaign brief. Notwithstanding anything to the contrary herein or in any other agreement between you and Company, you will not be eligible to receive payment for any videos that you create or other services or content you provide as part of ifooder Brand Campaigns if you have engaged in any act or omission that violates this Agreement or any other terms applicable to you in connection with the Services or any ifooder Brand Campaigns, or if you engage in any act or omission that negatively affects Company, the Services, or anyone advertising (or preparing to advertise) through the Services, and to the extent that such acts or omissions occur after you have been paid by the Company, Company reserves the right to claw back such paid amounts from you. Company reserves the right to remove ifooder Brand Campaigns Content you upload for any ifooder Brand Campaigns campaign(s) at any time in its sole discretion, and in such event, you will not be eligible for payment for such campaign(s). Payment for ifooder Brand Campaign campaigns will be made within sixty (60) days after the end of the month in which the campaign was completed or such other time frame as may be specified on the Website or in an applicable campaign brief. Company will make such payments through the payment method mutually agreed upon by the parties in writing, or such other payment method as Company may choose in its reasonable discretion.
2.5 Notices and Messages
You agree that we will provide notices and messages to you in the following ways: (1) within the applicable Service or Website, or (2) sent to the contact information you provided us (e.g. email, phone number, physical address). You agree to keep your contact information up to date.
Please review your applicable settings and/or email preferences to control and limit messages you receive from us.
3. WEBSITE, SERVICES AND CONTENT
The Website, the Services, and their Content (as defined below) are intended solely for use by Users of the Services and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Website or through the Services (including, but not limited to videos, text, graphics, articles, photographs, images, illustrations, and User Submissions (as defined below) (collectively, the “Content”) are protected by copyright, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You shall abide by all copyright notices, trademark rules, information, and restrictions contained therein, and shall not use, copy, reproduce, link to, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit any of the foregoing for any purposes whatsoever: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
The Company reserves all of its intellectual property rights in the Website and Services. Using the Website and Services does not give you any ownership therein. Trademarks and logos used on and in connection with the Website and Services are the trademarks of their respective owners. ifooder and other Company trademarks, service marks, graphics, and logos used for our Website and Services are trademarks or registered trademarks of the Company.
3.1 Your Content
You understand that by posting information or content on the Website or otherwise providing content, materials or information to Company or in connection with the Services (collectively, “User Submissions”), you grant Company a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sublicenseable and transferable right to fully exploit, reformat, modify, create derivative works of, excerpt, or translate such User Submissions (including all related intellectual property and proprietary rights) in connection with the Services, the Website, and Company’s (and its successors’ and assigns’) business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. For clarity, the foregoing license grant to Company does not affect your ownership of or right to grant additional licenses to the material in your User Submissions, unless otherwise agreed in writing.
You also grant each User of the Services, as well any applicable FDS Administrator (as defined below), a non-exclusive license to access your User Submissions through the Services, and to view, use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Services and under this Agreement.
You waive any and all rights of privacy, publicity, or any other similar rights of a similar nature in connection with your User Submissions, or any portion thereof, including, without limitation, your name, likeness, voice, image, and persona or any advertising or publicity relating thereto. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Submissions. You expressly release Company and all of Company’s agents, partners, subsidiaries, affiliates, licensees, successors, and assigns from any and all claims, demands, liabilities, and causes of action, whether now known or unknown, for defamation, copyright infringement, violation of moral rights, and invasion of the rights to privacy, publicity, or personality or any similar matter, or based upon or relating to the use of your User Submissions. Notwithstanding the preceding sentences of this Section, you should let us know immediately if you object to any uses of your User Submissions on or through the Services or in the promotion of the Services.
The rights granted in this Section include, but are not limited to, the right to use your name, image, voice, likeness, and any photographs or artwork made available by or on your behalf through the Services in connection with advertising, marketing, or promoting you, your User Submissions, Company, or the Services. You waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Submissions.
If you are not the owner of, or are not fully authorized to grant all necessary rights in, all of the elements of the User Submissions you intend to upload or transmit to or through the Services, then you must not upload the User Submissions to or through the Services. Company reserves the right to demand confirmation from you in writing of all authorizations, licenses, permissions, and consents obtained by you (if any) with respect to any third-party materials embodied in User Submissions. If you fail to provide Company with such confirmation upon request, we reserve the right to remove or deny access to any or all of your User Submissions and to suspend or terminate your account with Company. We will have no liability to you for any actions taken by us pursuant to this Section.
You agree that you won’t post User Submissions that violates, or otherwise use the Services in ways that violate, our Dos and Don’ts.
Musical Works and Sound Recordings
The rights granted in this Section include, but are not limited to, the right to (i) reproduce audio-visual content and sound recordings, (ii) make mechanical reproductions of the musical works embodied in such sound recordings, and (iii) publicly perform sound recordings and videos (and the musical works embodied therein), and (iv) publicly display any written content uploaded by you to the Services, all on a royalty-free basis. This means that you are granting Company the right to use the User Submissions without the obligation to pay any royalties to any copyright owner (including, without limitation, a publisher, record label or studio), any performing rights organization (a “PRO”, which term includes, without limitation, ASCAP, BMI and SESAC in the United States, and PRS in the United Kingdom), any sound recording PRO (including, without limitation, SoundExchange, Inc.), any unions or guilds (including, without limitation, the American Federation of Television and Radio Artists (“AFTRA”), the Screen Actors Guild (“SAG”), the American Federation of Musicians (“AFM”), or any other engineers, producers or other participants involved in the creation of User Submissions or any element thereof.
If you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not upload such sound recordings or videos embodying such sound recordings to or through the Services unless you obtain all necessary rights, authorizations, and permissions with respect to such embedded musical works that grant you sufficient rights to comply with this Agreement. For example, cover songs are not permitted on the Services unless the artist/band has cleared all rights to the song covered by the artist/band.
If you are a composer or author of a musical work and have affiliated with a PRO, then you must notify your PRO of the royalty-free licenses granted by you to Company and users of the Services in this Agreement. Each PRO has different rules with respect to providing notification for a direct license. You are solely responsible for ensuring your compliance with the relevant PRO’s reporting obligations. If you have assigned your rights to a music publisher, then you must obtain the consent of such music publisher to grant the royalty-free licenses set forth in this Agreement or have such music publisher enter into this Agreement with Company. Please keep in mind that authorship of a musical work (e.g., writing a song) does not mean that you have the rights necessary to grant Company and users of the Services the licenses set forth in this Agreement.
We may use any reports, comments, and suggestions in any form regarding the Services that you provide to use (collectively, the “Feedback”). You grant us a worldwide, non-exclusive, irrevocable, perpetual, royalty-free right and license to incorporate and use the Feedback in connection with any products and services.
3.2 Other Users’ Content
You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the User from which such Content originated and that Company will not be liable for any errors or omissions in any Content. You understand that Company cannot guarantee the identity of any other Users with whom you may interact in the course of using the Services. Additionally, Company cannot guarantee the authenticity of any data which Users or merchants may provide about themselves. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Under no circumstances will Company be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
3.3 Automated Processing
We will use the information and data that you provide and that we have about Users to make recommendations for content and features that may be useful to you. Keeping your account accurate and up-to-date helps us to make these recommendations more accurate and relevant.
3.4 Availability; Access
We may change, suspend or discontinue any of our Services. We don’t promise to store or keep showing any information and Content that you’ve posted.
The Company reserves the right to limit your use of the Services and to restrict, suspend, or terminate your account if the Company believes that you may be in breach of this Agreement or law or are misusing the Services (e.g., violating any of the Dos and Don’ts).
3.5 Third Party Services
The Website or Services may link to, allow access to or otherwise incorporate websites, products or services offered by third parties not owned or controlled by Company or User Sites, as applicable (“Third Party Services”). When you access Third Party Services, you do so at your own risk and should make whatever investigation you feel necessary or appropriate before using such Third Party Service or conducting any transactions thereon. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any Third Party Services relating to your use of the Services (“Third Party Policies”) and that you will act in accordance with those policies, in addition to your obligations under this Agreement. To the extent there is a conflict between any term in the Third Party Policies and this Agreement, the term in the Third Party Policies shall take precedence. Company has no control over, and assumes no responsibility for, the content, services, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Services. In addition, Company will not and cannot monitor, verify, censor or edit the content of any Third Party Services. Company may modify or discontinue your use of, or access to, the Third Party Services, or any content or services available thereunder, at any time in its sole absolute discretion with or without notice to you. By using the Services, you expressly relieve and hold harmless Company from any and all liability arising from your use of any Third Party Services, including without limitation any damages or losses incurred as a result of any transactions thereon.
Notwithstanding the foregoing, Company may, solely on behalf of certain Third Party Services, process and facilitate payment to you of any amounts owed to you by such Third Party Services (“Third Party Services Payments”). By entering into this Agreement, you authorize Company to process and facilitate the Third Party Services to you. Such payments shall be made within sixty (60) days after Company receives such Third Party Payments from the respective Third Party Services. Company will make such payments through the payment method mutually agreed upon by the parties in writing, or such other payment method as Company may choose in its reasonable discretion. You acknowledge and agree that Company shall have no responsibility or liability for failure to facilitate the Third Party Services Payments to you if such failure is due to the respective Third Party Services’ failure to properly remit the Third Party Payments to Company. In the event your use of, or access to, the Services is terminated (whether initiated by you or Company), your use of, or access to, the Third Party Services shall also cease, and Company shall have no responsibility or liability related to pending Third Party Payments owed to you from the respective Third Party Services. In the event of such termination, you shall be solely responsible for contacting the respective Third Party Services to provide updated contact and payment information such that you would receive such pending Third Party Payments directly from the respective Third Party Services.
You warrant, represent and agree that you will not contribute any Content or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) involves commercial activities and/or sales without Company’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including without limitation any employee or representative of Company; or (vi) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program. Company reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Company is concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not Company, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to Company and to grant Company the rights to use such information in connection with the Services and as otherwise provided herein.
You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Services. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while you are not logged on to the Website, or that otherwise interfere with the proper working of or place an unreasonable load on the Services’ infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Website is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.
5. WARRANTY DISCLAIMER
Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Company from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any content contained in or accessed through the Services, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. Company makes no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. THE SERVICES, CONTENT, WEBSITE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE, AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.