TERMS OF SERVICE AND USE FOR FRESHAPRON.COM
- INTRODUCTION AND ACCEPTANCE
Welcome to freshapron.com (the “Site”). The Site is an interactive online service operated by the owner of freshapron.com(“Fresh Apron”, “us”, “we” or “our”).
PLEASE READ THESE TERMS OF SERVICE AND USE (THE “TERMS”) CAREFULLY BEFORE USING THE SITE. BY ACCESSING AND/OR USING THE SITE (OTHER THAN TO READ THESE TERMS OF SERVICE FOR THE FIRST TIME) YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF SERVICE, WHICH MAY CHANGE FROM TIME TO TIME. THESE TERMS REQUIRE YOU TO AGREE TO LITIGATE IN THE COMMONWEALTH OF MASSACUSETTS, GRANT US CERTAIN RIGHTS AND LICENSES, PROVIDE US CERTAIN INDEMNITIES, WAIVE CERTAIN OF YOUR RIGHTS AND REMEDIES, AND LIMIT OUR LIABILITY AND OBLIGATIONS TO YOU. READ THEM CAREFULLY AND DO NOT USE THE SITE IF YOU DO NOT AGREE.
This Site may collect personal information from our users. By using these Services and/or agreeing to these Terms, you consent to the collection, storage, and processing of your data.
You agree to abide by all of the provisions of these Terms in order to remain an authorized user of the Site and your use of the Site constitutes your agreement to abide by these Terms. You are solely responsible for your use of the Site and for ensuring that your use complies fully with the provisions of these Terms. Your rights are personal and non-assignable. This means that you will be responsible for the acts of anyone accessing the Site through you or using your name, username and/or password.
You agree that these Terms are supported by good and valuable consideration, the receipt and sufficiency of which you hereby acknowledge. Such consideration includes, without limitation, your use of the Site and the materials and information available on the Site and the possibility of publication or publicity of your User Content (as defined below).
We reserve the right to change any of these Terms at any time without prior notice to you. You agree that our posting of revised Terms on the Site will constitute notice to you of such revised Terms and that your access or use of the Site after such posting constitutes your agreement to be bound by such changes and the revised Terms. Consequently, please review these Terms before each and any access or use of the Site. Any changes to these Terms will become a part of these Terms and will apply as soon as they are posted or such later date as may be specified in the posted Terms.
- INTELLECTUAL PROPERTY
The Site and included content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation and interactive features (collectively, the “Site Content”), and all intellectual property rights to the same, are owned by us, our licensors or both. Additionally, all trademarks, service marks, trade names and trade dress that may appear on the Site are owned by us, our licensors or both. Except for the limited use rights granted to you in these Terms, you shall not acquire any right, title or interest in the Site or any Site Content. Any rights not expressly granted in these Terms are expressly reserved.
- SITE ACCESS AND USE
Access to the Site including, without limitation, the Site Content, is provided for your information and personal, non-commercial use only. When using the Site, you agree to comply with all applicable federal, state and local laws including, without limitation, copyright law. Except as expressly permitted in these Terms, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit or otherwise exploit Site Content for any purpose whatsoever without obtaining prior written consent from us or, in the case of third-party content, its respective owner. In certain instances, we may permit you to download or print Site Content or both. In such a case, you may download or print (as applicable) one copy of Site Content for your personal, non-commercial use only. You acknowledge that you do not acquire any ownership rights by downloading or printing Site Content.
- USER REGISTRATION
In order to post comments on the Site or receive updates about new posts on the Site from Fresh Apron, 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 Fresh Apron. During registration, you will create a username and password (a “Membership”), which may grant you access to certain areas of the Site and to receive information from Fresh Apron 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 at email@example.com of any breach of security or unauthorized use of your Membership.
- USER CONTENT; COMMENTS
- We may now or in the future permit users to post, upload, transmit through or otherwise make available on the Site (collectively, “submit”) messages, comments, text, illustrations, files, images, graphics, photos, sounds, music, videos, information, content and/or other materials (“User Content”). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. It is your sole responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same. The interactive areas of the Site are provided to give users a forum to express their opinions and share their ideas and information. To protect your safety, please use your best judgement when submitting information to the Site. We particularly discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you on the public areas of the Website. We do not guarantee any confidentiality with respect to User Content, even if it is not published on the Website
- You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right or other intellectual property, personal, contractual, proprietary or other third-party right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.
- By submitting any User Content on, or communicating with, the Site or other channel (including, but not limited to: posting a comment to a Site post; publishing a picture or video on our Facebook profile; participating in an Internet conversation by publishing a Tweet that incorporates a hashtag encouraged by or otherwise referencing us or the Site, or via Instagram or other social media platform; submitting User Content to us via email in response to a request for submissions on the Site or other social media platform), you represent, warrant and covenant that you will not submit any User Content that is libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services. Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying the Website will not be permitted.
- By submitting User Content to us, simultaneously with such posting you automatically grant, or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable and transferable right and license to use, record, sell, lease, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, publish and otherwise exploit the User Content (in whole or in part) as we, in our sole discretion, deem appropriate, including, without limitation: (i) in connection with our business; and (ii) in connection with the businesses of our successors, parents, subsidiaries and their related companies. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content. Furthermore, you also grant other users permission to access your User Content and to use, record, sell, lease, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, publish and otherwise exploit your User Content for personal, non-commercial use as permitted by the functionality of the Site and these Terms.
- We reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners and third-party service providers (including their downstream users).
- We have the right, but not the obligation, to monitor User Content. Please exercise caution and common sense when posting or viewing User Content. We have no obligation to post, maintain or otherwise make use of User Content and do not guarantee distribution of User Content. Further, we reserve the right to delete, move or edit any User Content submitted at any time, for any reason and in our sole discretion. We may discontinue operation of the Site, or your use of the Site, in either case in whole or in part, in our sole discretion. You have no right to maintain or access your User Content on the Site and we have no obligation to return your User Content or otherwise make it available to you.
- WEBSITE CONTENT AND THIRD-PARTY LINKS
- We provide the Site including, without limitation, Site Content and User Content, for entertainment, educational and/or promotional purposes only. You may not rely on any information or opinions expressed on the Site for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness or usefulness of Site Content or User Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Site Content or User Content.
- In many instances, Site Content will include content posted by a third party or will represent the opinions and judgments of a third party, including, without limitation, User Content. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness or reliability of any opinion, advice or statement made on the Site by anyone other than authorized employees or spokespersons of Fresh Apron while acting in their official capacities.
- The Site may contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third party or their website.
You agree to indemnify and hold harmless Fresh Apron and its owners, officers, directors, employees, partners, successors, agents, affiliates, subsidiaries and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with: (i) your access to or use of the Site; (ii) User Content provided by you or through use of your Membership; (iii) any actual or alleged violation or breach by you of these Terms; (iv) any actual or alleged breach of any representation, warranty or covenant that you have made to us; or (v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND SITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, FRESH APRON AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (i) WARRANTIES THAT THE SITE WILL MEET YOUR REQUIREMENTS; (ii) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS OR INFORMATIONAL CONTENT OF THE SITE OR SITE CONTENT; (iii) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (iv) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OR ACCESSED THROUGH THE SITE; (v) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE; AND (vi) WARRANTIES THAT YOUR USE OF THE SITE WILL BE SECURE OR UNINTERRUPTED.
- LIMITATION OF LIABILITY
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL FRESH APRON OR ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES OR THEIR RELATED COMPANIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (EVEN IF FRESH APRON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE SITE, SITE CONTENT, USER CONTENT, OR THESE TERMS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, INCLUDING, WITHOUT LIMITATION, THE SITE CONTENT, IS TO STOP USING THE SITE. SUCH LIMITATION SHALL ALSO APPLY TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR ANY LINKS ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR ANY LINKS ON THE SITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD PARTY OR CONDUCT OF A THIRD PARTY ON THE SITE, INCLUDING THE USER CONTENT.
- NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF FRESH APRON AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES AND THEIR RELATED COMPANIES EXCEED THE GREATER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY FRESH APRON DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR ONE HUNDRED DOLLARS ($100). FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE SITE OR THESE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
- In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you; however, these limitations shall apply to the fullest extent permitted by law in such jurisdictions.
- We reserve the right in our sole discretion and at any time to terminate or suspend your Membership and/or block your access to the Site for any reason, including, without limitation, if you have failed to comply with the letter and spirit of these Terms. You agree that Fresh Apron shall not be liable to you or any third party for any termination or suspension of your Membership or for blocking your access to the Website.
- If you become a registered user, you may terminate your Membership at any time by sending an e-mail to firstname.lastname@example.org.
- Any suspension or termination shall not affect your obligations to us under these Terms. The provisions of these Terms. which by their nature should survive the suspension or termination of your Membership or these Terms shall survive, including, but not limited to, the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, jurisdiction and venue, and other miscellaneous provisions.
- COPYRIGHT POLICY
- Fresh Apron respects the intellectual property rights of others and expects its users to do the same. In appropriate circumstances and at its sole discretion, Fresh Apron may terminate and/or disable the Membership of users who it suspects to be infringers of the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in its sole discretion, Fresh Apron may remove or disable access to material on any of its websites or hosted on its systems that may be infringing or the subject of infringing activity.
- In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to us. If you are a copyright owner (or are authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to us at email@example.com. We will investigate notices of copyright infringement and take appropriate actions. Inquiries that do not follow this procedure may not receive a response. If your notice of infringement relates to a recipe, then you may want to review the U.S. Copyright Office’s circular on the copyrightability of recipes prior to reporting your notice of infringement.
- CHOICE OF LAW; JURISDICTION AND VENUE
These Terms shall be construed in accordance with the laws of the Commonwealth of Massachusetts without regard to its conflict of laws rules. Any legal proceedings against Fresh Apron that may arise out of, relate to, or be in any way connected with the Site or these Terms shall be brought exclusively in the state and federal courts of Massachusetts located in Middlesex County and you hereby waive any jurisdictional, venue or inconvenient forum objections to such courts
We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of the site or to modify these Terms. Modifications to these Terms will be effective immediately upon notice, either by posting on the site or by notification by email or conventional mail. It is your responsibility to review the Terms and the Site from time to time for any changes. Your access and use of the Site following any modification of these Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to these Terms, you may terminate your Membership or, if you do not have a Membership, your only recourse is to immediately discontinue use of the Site.
Any delay or failure on our part to exercise or enforce any rights under these Terms to which we may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time. You irrevocably agree that you waive any and all rights to injunctive or other equitable relief. The section headings used herein are for convenience only and shall not be given any legal import. If any provision of these Terms is held to be invalid or unenforceable, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms which shall remain in full force and effect These Terms and any posted rules on the Site constitute the entire agreement of the parties with respect to the subject matter hereof. You may not assign these Terms or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. Fresh Apron may assign these Terms or any rights hereunder without your consent and without notice.
Effective Date: June 15, 2021