Terms of Service
Thank you for using FoodTerest! FoodTerest's products and services are provided by FoodTerest. These Terms of Service ("Terms") govern your access to and use of FoodTerest's website, products, and services ("Products"). Please read these Terms carefully, and contact us if you have any questions. By accessing or using our Products, you agree to be bound by these Terms and by our Privacy Policy.
More simply put:
Every company has its terms. These are ours.
1. Using FoodTerest
a. Who can use FoodTerest
You may use our Products only if you can form a binding contract with FoodTerest, and only in compliance with these Terms and all applicable laws. When you create your FoodTerest account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is prohibited. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.
b. Our license to you
Subject to these Terms and our policies, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products.
c. Commercial use of FoodTerest
If you want to use our Products for commercial purposes you must agree to our Terms of Service.
More simply put:
You can use FoodTerest unless you're under 13.
2. Your Content
a. Posting content
FoodTerest allows you to post content, including photos, comments, links, and other materials. Anything that you post or otherwise make available on our Products is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you post to FoodTerest.
More simply put:
If you post your content on FoodTerest, it still belongs to you but we can show it to people and others can re-pin it.
b. How FoodTerest and other users can use your content
You grant FoodTerest and its users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, re-pin, modify, create derivative works, perform, and distribute your User Content on FoodTerest solely for the purposes of operating, developing, providing, and using the FoodTerest Products. Nothing in these Terms shall restrict other legal rights FoodTerest may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.
c. How long we keep your content
Following termination or deactivation of your account, or if you remove any User Content from FoodTerest, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, FoodTerest and its users may retain and continue to use, store, display, reproduce, re-pin, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through FoodTerest.
More simply put:
Copies of content shared with others may remain even after you delete the content from your account.
d. Feedback you provide
We value hearing from our users, and are always interested in learning about ways we can make FoodTerest more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, FoodTerest does not waive any rights to use similar or related Feedback previously known to FoodTerest, or developed by its employees, or obtained from sources other than you
More simply put:
Also, don't post porn or spam or be a jerk to other Pinners. Oh, and we can actually use your suggestions to make FoodTerest better.
3. Copyright Policy
FoodTerest has adopted and implemented the FoodTerest Copyright Policy in accordance with the Copyright Act.
More simply put:
We respect copyrights. You should, too.
4. Security
We care about the security of our users. While we work to protect the security of your content and account, FoodTerest cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.
5. Third-Party Links, Sites, and Services
Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by FoodTerest. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from FoodTerest, you do so at your own risk and you agree that FoodTerest will have no liability arising from your use of or access to any third-party website, service, or content.
More simply put:
Pins link to content off of FoodTerest. Most of that stuff is awesome but we're not responsible when it's not.
6. Termination
FoodTerest may terminate or suspend this license at any time, with or without cause or notice to you. Upon termination, you continue to be bound by Sections 2 and 6-12 of these Terms.
More simply put:
We reserve the right to refuse service to anyone.
7. Indemnity
If you use our Products for commercial purposes in violation of Section 1(c), as determined in our sole and absolute discretion, you agree to indemnify and hold harmless FoodTerest and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, (b) your User Content, or (c) your breach of any of these Terms.
More simply put:
If we are sued because of something your business does on FoodTerest, you have to pay our costs.
8. Disclaimers
The Products and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied.
FOODTEREST SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
FoodTerest takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
More simply put:
Unfortunately, people post bad stuff on user-generated content sites like FoodTerest. We take that kind of thing seriously but you still might run into it before we have a chance to take it down. If you see bad stuff, please report it to us.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOODTEREST SHALL 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, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL FOODTEREST'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
More simply put:
We are building the best service we can for you but we can't promise it will be perfect. We're not liable for various things. If you think we are, let's try to work it out like adults.
10. General Terms
Notification Procedures and changes to these Terms. FoodTerest reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products.
More simply put:
If we're making a big change to the terms, we'll let you know.
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by FoodTerest without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Entire Agreement/Severability. These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with FoodTerest in connection with the Products, shall constitute the entire agreement between you and FoodTerest concerning the Products. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and FoodTerest's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
More simply put:
These three passages are part of just about every online terms agreement. Basically, they ensure that a deal is a deal when you're using a site, including FoodTerest.