Terms of Service
Last updated: September 17th 2018
1. Description of Service
1.1: Some Fine Food (Some Fine Food or 'We') provides services ('Services') on its platform ('Platform') via its website ('Site') to registered users and/or those they represent ('Users' or 'You') to upload recipes as text and images ('Content') for display. The following are the terms of service ('Terms') for using the Platform, Site and the Services.
We're a platform for uploading and storing your recipes for referencing. Everything below this is a list of terms required for using our platform.
2. Acceptance of Terms
3. Your Account
3.1: As a condition to using our Platform, you are required to open an Account with us and select a username, password and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the terms, which may result in immediate termination of your access to the Services.
3.2: When you create or update your Account (an 'Account') you will ensure that your Account information is accurate and that you keep your Account safe. You're solely responsible for any activity on your Account and will make sure others don't have access to your Account or password. You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your Account. We’re not liable for any acts or omissions by you in connection with your Account. You also agree that are you are at least 18 years of age or older when creating Your Account.
3.3: You may not use as a a display name or a username, the name of another person or entity that is not legally available for use, or a name or trade mark that is not yours to use legally without appropriate authorisation.
3.4: Some Fine Food provides Users with a thirty day trial period and will not charge Users who choose to terminate your Account within this period by cancelling their Account via the Platform. If you choose to terminate your Account after the thirty day trial period, you are not entitled to any refund for any fees paid for your Account. Any refund owing to you will be paid within fourteen days.
Make sure your registration info is accurate and don't use any display or user names that aren't legally ok for you to use. If you cancel your account within the thirty day trial period, no charge will be made to you. Your account and its safety is your responsibility.
4. Use of the Services
4.1: You may not, without prior written consent, perform any of the following while accessing or using the Services: (i) tamper with, or use non-public areas of the Services, or the computer or delivery systems of Some Fine Food and/or its service providers (ii) probe, scan, or test any system or network, or otherwise attempt to breach or circumvent any security or authentication measures (iii) change, make derivative works of, disassemble, reverse compile or reverse engineer any of the Services or the Site (iv) access or search or attempt to access or search the Services by any means (automated or otherwise) unless permitted by our robots.txt file or other robot exclusion mechanisms (v) scrape the Services or scrape Content from the Services (vi) use the Services to send altered or false source-identifying information, or (vii) interfere with, or disrupt, (or attempt to do so), the access of any User, host or network, including overloading the Services, or by scripted use of the Services in such a manner as to interfere with or create an undue burden on the Services.
4.2: Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services are provided to you on an 'as is' and 'as available' basis. without limiting this understanding, to the full extent permitted by law, Some Fine Food disclaims all warranties, express or implied, of merchantability, fitness for a particular purpose, or non-infringement. Some Fine Food makes no representations or warranties of any kind with respect to the Services, including any representation or warranty that the use of the Services will (i) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system, or data, (ii) meet your requirements or expectations, (iii) be free from errors or that defects will be corrected, or (iv) be free of viruses or other harmful components. Some Fine Food also makes no representations or warranties of any kind with respect to Content. No advice or information, whether oral or written, obtained from Some Fine Food or through the services, will create any warranty not expressly made herein.
4.4: Some Fine Food may modify, suspend or discontinue Services provided to Users at any time at its sole discretion and without prior notice or liability. Your right to use the Services may immediately cease. If you wish to terminate your Account you should actively close your Account through our Site. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. It is Your responsibility to remove all Content from your Account prior to termination. Upon termination of your Account Some Fine Food will automatically remove all content posted to your Account.
4.5: You agree to allow us to email you information regarding your Account, the Site, or the Platform that we deem to be of significant importance to you. If We wish to contact you for matters we deem to be less important we will seek you permission before doing so.
Don't go messing around or with Some Fine Food or misuing it beyond the standard settings available to you. You're using Some Fine Food at your own risk, and ditto for any links we provide and you follow. If we need to change or suspend the service we're not legally obliged to tell you in advance, and if you want to cancel your account you can do so through the options on the site. You agree to let us email you importatnt details about your account or the site but and will only email you about less important matters by seeking your permission first.
5.1: While we are advocates for the freedom of speech and the right to expression you are responsible for ensuring you are not breaking any laws when uploading Content, that it is legal to share and display. You agree that the Content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or violate any law or judicial or governmental order. You are responsible for Content that you upload and we retain the right to remove any of it without notification. If we display or use any of your Content you agree that this use will not violate any copyright laws or others' intellectual property.
5.2: Any Content that you upload to Some Fine Food remains under your ownership and you retain the full rights you had to the Content prior to uploading. While under your ownership, you give us the right to save this Content and variations of it to display on our Platform. You also grant us the right to use the Content and variations of it for our own promotional purposes. We will not use any Users content outside of promotional material nor sell it to third-parties.
5.3: When uploading Content you agree that you are the creator, owner or designated agent of the Content and you have full permission to make it public.
Don't upload anything that'll cause trouble for anyone and make sure you've got full permission to make it public. Anything you upload remains fully yours (as long as it was yours when you uploaded it) but you'll let us use it for publicity if we decide to, but only for this purpose and will not sell it to anyone else or use it for non-promotional purposes.
7. Sales and Fees
7.1: Your paid Subscription ('Subscription') is valid for a monthly Subscription Period ('Subscription Period') which is defined as the duration from a date of the month to the same date of the following month, less one day. For all Subscriptions, this date of the month is the date the User completed registration and will renew automatically until you terminate your Account my cancelling it through your Account settings on our Site.
7.3: You understand and agree that Some Fine Food shall not be liable for any payments and monetary transactions that occur through Your use of the Service. You understand and agree that all payments and monetary transactions are handled by Stripe. You understand that Some Fine Food uses Stripe API to run the Service and that the Stripe API is subject to change at any time and such changes may adversely affect the Service. You understand and agree to not hold Some Fine Food liable for any adverse affects that actions (whether intentional or unintentional) on the part of Stripe may cause to Your stripe account, Your Some Fine Food account, or Your business. You agree that Some Fine Food shall not be liable for any issues regarding financial and monetary transactions between You and any other party, including Stripe. You are responsible for all transactions processed through the Service and/or Stripe. Some Fine Food is not liable for loss or damage from errant or invalid transactions processed with Your Stripe account. If You process a transaction, it is Your responsibility to verify that the transaction was successfully processed.While you may cancel the Services at any time, you won't be issued a refund except in our sole discretion, or if legally required.
7.4: We may change our fees at any time. When applicable, we’ll give you advance notice of these fee changes via the Services and/or email. New fees will not apply retroactively. If you don't agree with the fee changes, you have the right to reject the change by cancelling your Account before your next payment date.
7.5: We use a third-party company, Stripe, to handle all money transactions on the site. They've got their own terms you need to be ok with as part of agreeing to our terms. Should there be any loss or damage suffered through a transaction using Stripe, we're not to be held responsible. If you cancel your account we don't refund the remainder of the month. If we change fees we'll notify you in advance where possible, but it's your right to cancel your account if you you're not happy with the fee change.
Please check all payments made to us carefully as we're not responsible for transaction problems. Your subscription will renew monthly automatically. If there's a need to cancel it, you can do this in accounts settings on the site. We can change fees at any time and will give you advance notice when applicable, which you're fully entitled not to accept by cancelling your account before a new charge is made. As we use Stripe to provide transaction services, you'll need to agree to their own terms and services as part of agreeing to ours.
8. Our Rights
8.1: Any Feedback you submit to us will be considered non-confidential and non-proprietary to you you allow us to use, reproduce, translate, distribute, display, and otherwise exploit the Feedback in any form. We may use feedback or suggestions from you without obligation to you.
8.2: You agree to release, defend, indemnify, and hold Some Fine Food, its affiliates, its sponsors and the respective directors, officers and employees of each harmless from and against any and all claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these terms or our standards, (ii) your improper use of the Some Fine Food platform, (iii) your interaction with any other User or End User, including without limitation any losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, participation or use (v) your breach of any laws, regulations or third party rights.
You'll let us use any feedback you send us and agree that we're not responsible for losses, damages, etc.
8.3: These Terms constitute the entire understanding of the parties and supersede all prior and current written and oral agreements with respect to the subject matter of these Terms. If any of the provisions in these Terms shall be held invalid in any respect, the validity of the remaining provisions shall not be affected or impaired. The failure to enforce or the waiver by either party of a default or breach of the other party shall not be considered to be a waiver of any other default or breach.
8.4: Some Fine Food reserves the right, at its sole discretion, to modify the Site, Platform or Services or to modify these Terms, including the fees, at any time and without prior notice. If the alterations constitute a material change to the Terms, we will update the 'Last Updated' date at the top of these Terms and provide you notice of the modification by email. What constitutes a material change will be determined at Some Fine Food’s sole discretion and in good faith. Your continued access or use of the Site, Platform or Services will constitute acceptance of the modified Terms. If the modified Terms are not acceptable to you, you are required to cease using the Site, Platform and Services. If you do not close your Some Fine Food Account you will be deemed to have accepted the changes.
8.5: If we change the terms in a manner that will affect you we'll let you know by email and update the date at the top of this page. Should you not be happy with any revised terms you can cancel your account. If you keep using Some Fine Food we'll use that as an indication of accepting the new terms.
8.6: There may be interruptions of Your access to and use of the Site and our Services from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of Some Fine Food. Some Fine Food reserves the right to suspend, change, or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice. Some Fine Food may also terminate or suspend Accounts at any time, in its sole discretion. The Site should not be used or relied upon for storage of your Content and you should retain your own copies of all Content posted on the Site.
8.7: Having an Account or being a User on Some Fine Food does not constitute an endorsesent from Some Fine Food. Some Fine Food does not endorse any User or Account, nor any Content uploaded by a User.
Should anything stop working for any length of time you agree not to hold us responsible. You also agree that we don't endorse your or your work because you use this platform. Lastly, please don't rely on Some Fine Food as the sole location of your content. Keep copies backed up elsewhere.