We also reserve the right, at any time, to: (1) change or discontinue any content or feature of the Site; (2) change or discontinue any services made available through the Site; and/or (3) offer opportunities to some or all users of the Site at any time with or without notice. You agree that we will not be liable for any modification, suspension or discontinuance of the Site or of any service, content, or feature offered or provided through the Site. Your continued use of the Site after such changes will indicate your acceptance of such changes.
If you have any questions regarding the meaning or application of this Agreement, please direct your questions to email@example.com.
Member Sign In
As part of the membership process, you will be asked to select a username and password. You may not choose a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion. We reserve the right to reject any username in our sole discretion. Your username and password are for your personal use only, and may not be used by any other person. You agree not to transfer or resell your use of or access to the Site (including your username and password) or permit anyone else whose account or membership was suspended or terminated to use the Site through your account, username or password. If you have reason to believe that your password is no longer secure, you must promptly change your password by updating your Member information, and immediately notify us by emailing us at firstname.lastname@example.org. You are solely responsible for maintaining the confidentiality of your username and password and for any and all activities that are conducted through your account.
Information, including “Personally Identifiable Information” (any information which can be used to identify a specific individual, such as a name, postal address, telephone number, or email address), which is posted in the Community will be accessible to other Members participating in Community, including people you may not know and whose actions we can not control. Making this information available on the Site may result in a Member receiving “spam” or unsolicited e-mail. Members are encouraged to use discretion when communicating with others and/or disclosing Personally Identifiable Information online. In addition, Crowd Kitchen has no control over, and shall have no liability for, any damages resulting from, the use or misuse by any third party of information that you voluntarily make public through Community or any other part of the Site. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE IN THE COMMUNITY, YOU DO SO AT YOUR OWN RISK.
Interactions with Site Users
We are not a provider or preparer of food, rather we bring together Site users for the purpose of trading food. It is important for you to understand that we do not control or endorse any of the food preparers using this Site or the food product made available through this Site. We do not determine which foods or ingredients are made available on the Site, nor do we determine the level of food quality necessary for participation on the Site. As such, the responsibility is wholly yours to take the necessary measures to protect your health and safety. We cannot assure the good intention of any Site user.
Likewise, we are not in a position to identify the ingredients that may cause allergic reactions for those with food allergies. Site users concerned with food allergies need to be aware of this risk and must understand that we in no way screen the ingredients, health factors, or quality of any prepared food offered through the Site.
Crowd Kitchen is not involved in, a party to, or responsible for any communications, correspondence, interactions or transactions (including, without limitation, any food trades), whether in-person, verbal or written and whether electronic or otherwise (“Interactions”), between you and any other Site user, or any disputes arising therefrom. You are solely responsible and liable for your Interactions with other Site users, and you will not hold Crowd Kitchen responsible for other users’ content, actions or inactions, or food or other items they may provide to you, and all such Interactions are at your own risk. We have no control over and do not guarantee the quality, safety or legality of food, its preparation, its ingredients, or any other items advertised, the truth or accuracy of users’ content or listings, or that users will actually complete a transaction or trade. We do not transfer ownership of food or other items between users, nor are we a “merchant” of the food or other items within the meaning of the Uniform Commercial Code, and there is no “sale” of the food or other items within the meaning of the Code.
You agree to release Crowd Kitchen, its affiliates and third party service providers, and their respective directors, officers, employees, owners, licensors and agents from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any Interactions or disputes between you and any other Site user. This includes, but is not limited to, claims related to the acceptance or consumption of food and any activity that may occur to facilitate the transfer of such food from one party to another. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
The Site is intended to be used for lawful purposes only, and only for purposes relevant to the content available through the Site. You may have the opportunity to post, transmit or otherwise make available information, opinions, ideas, images or other content on the Site. Decisions as to whether such content violates our standards may be made in our sole discretion, after we have actual notice of such posting. Without limiting our rights hereunder, we have attempted to provide guidelines to those posting on the Site. Without limitation, your use of the Site is conditioned on your compliance with the guidelines set forth in this section, as well as any rules and guidelines that may be posted on particular sections of the Site, and any failure to comply with such guidelines may result in termination of your access to the Site pursuant to the “Termination” section below.
You may not post or transmit any material or content on or through the Site:
- that violates or infringes in any way upon the rights of others;
- that solicits, encourages, or promotes the use of illegal substances or activities;
- which is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, degrading, invasive of privacy or publicity rights, fraudulent or tortious, vulgar, obscene, bigoted or hateful, intimidating, profane, scandalous, pornographic, indecent or otherwise objectionable;
- that is protected by copyright, trademark, trade secret or any other proprietary right;
- that expresses or implies that any statements you make are endorsed by us, without our prior written consent; or
- that gives rise to civil or criminal liability, encourages conduct that constitutes a criminal offense or otherwise violates any local, state, or federal law.
You may not post or transmit on or through the Site:
- advertising or commercial solicitations;
- promotional materials relating to other Web site or online services which are competitive with us and/or the Site;
- software or other materials that contain so-called viruses, worms, time bombs, Trojan horses, or other harmful or disruptive component;
- political campaign materials; chain letters; mass mailings; spam mail;
- any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or their contents; or
- any material, non-public information about a company without the proper authorization to do so.
In connection with your use of the Site, you may not:
- fail to carry out any meal delivery or pickup arranged with another Site user through the Site;
- take any action that may undermine the feedback or ratings systems;
- engage in, or encourage or provide instructional materials relating to, any activity on the Site that restricts or inhibits any other user from using or enjoying the Site such as “hacking,” “cracking,” “spoofing,” or defacing any portion of the Site;
- harvest or collect information about Site visitors or Members without their express consent;
- use the Site to defame, abuse, stalk, threaten or otherwise violate the legal rights of others or for any fraudulent purpose;
- reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;
- create a database by systematically downloading and storing Site content;
- frame or mirror any part of the Site without our prior written consent;
- interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks;
- impersonate any person or entity, including any representative of Crowd Kitchen;
- falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site;
- modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site; or
- remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.
You agree to prepare and distribute all food and other items offered to others using the Site in strict compliance with all laws and regulations governing the sites where the food or other items are to be prepared, as well as the preparation, storage, labeling, and/or packaging of the food or other items offered. You will not offer any items that might be considered “adulterated” or “misbranded” within the meaning of the Food, Drug and Cosmetic Act, codified as amended, 21 U.S.C. §§ 301 et seq., the regulations promulgated thereunder, or any corresponding federal, state or local law.
That we facilitate transactions in your geographic location should in no way be taken as an endorsement of legality. It is up to you to conduct the necessary research and ensure compliance with relevant laws and regulations.
Copyright 2011 Crowd Kitchen, Inc. All rights reserved.
“Crowd Kitchen” is a trademark and/or service mark of Crowd Kitchen. Other marks, graphics, typefaces, trade names and logos appearing on the Site may also be trademarks, service marks or trade dress of Crowd Kitchen. All other trademarks appearing on the Site are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any of Crowd Kitchen’s trademarks, service marks or trade dress, and our trademarks, service marks and trade dress may not be used in any manner for any purpose without our express written consent in each instance.
Copyright Infringement Claims
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material or content posted on the Site infringes your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice.
To send a notice or a counter-notice, please forward the following information to the Copyright Agent below:
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of the allegedly infringing material and of where the allegedly infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Crowd Kitchen Copyright Agent
Address: PO Box 1021 New Providence, NJ 07974
We suggest that you consult your legal advisor before filing a notice or counter-notice.
Please note that, because we host Community and other forums on the Site and therefore redistribute materials you give us, we need to obtain certain rights in those materials. You hereby grant to us a royalty-free, worldwide, perpetual, sub-licensable (through multiple tiers), irrevocable, transferable, non-exclusive right to use, reproduce, modify, create derivative works from, distribute, digitally perform, publicly perform and publicly display and otherwise exploit in any manner any content, material and/or your name posted on the Site (collectively, the “Material”), and/or to incorporate it in other works in any form, media or technology now known or later developed, for any purpose whatsoever, commercial or otherwise, without compensation to or prior approval by you. By submitting or sending Material to the Site you represent and warrant that (1) no other party has any rights to the Material or that you have all rights necessary to grant the rights granted hereunder, (2) the Material is not subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we shall not be liable for any use or disclosure of any Material, and (3) your provision of the Material to and through the Site, complies with all applicable laws, rules and regulations. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of the Material that you may have under any applicable law under any legal theory.
Third Party Services and Content
The Site contains services and content supplied by parties other than Crowd Kitchen (such services and content, collectively, “Third Party Services,” and such third parties, “Third Party Providers”), including Third Party Services that connect Site users with third party vendors (“Third Party Vendors”).
Any opinions, advice, judgments, statements, services, offers, or other information or materials expressed or made available by any Third Party Provider or Third Party Vendor, including through any Third Party Service, are those of the respective author(s) or distributor(s) and not of Crowd Kitchen. We are not responsible for such information or materials, including errors or omissions in such information or materials or results obtained by using such information or materials, and shall not be liable for any loss or damage caused by your reliance on such information or materials. Crowd Kitchen does not guarantee the accuracy, completeness, or usefulness of any Third Party Services or such information or materials, nor their merchantability or fitness for any particular purpose.
You are solely responsible and liable for (and Crowd Kitchen shall not be responsible or liable for) your Interactions with Third Party Providers and Third Party Vendors. Crowd Kitchen is not involved in, a party to, or responsible for any Interactions between you and any Third Party Provider or Third Party Vendor or any disputes arising therefrom. Any such Interactions and disputes are specifically and solely between you and the applicable Third Party Provider or Third Party Vendor. Any warranties or representations made with regard to any Third Party Provider, any Third Party Vendor, the conduct of any Third Party Provider’s or Third Party Vendor’s business, or any products or services featured on any Third Party Service, are made by the applicable Third Party Provider or Third Party Vendor, and not by Crowd Kitchen. You agree to release Crowd Kitchen, its affiliates and third party service providers, and their respective directors, officers, employees, owners, licensors and agents from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any Interactions or disputes between you and any Third Party Provider or Third Party Vendor. We do not endorse any Third Party Provider or Third Party Vendor, nor do we guarantee the quality of their goods or services, the information that they provide through the Site, or the conduct of their respective businesses. We encourage you to conduct your own research and due diligence into the Third Party Providers and Third Party Vendors.
Certain Third Party Services may require you to provide additional information in order to use them and/or may collect additional information from you while you are using them (for example, by engaging in Interactions with Third Party Providers or Third Party Vendors in connection with such Third Party Services). The collection and use of such additional information may be governed by the privacy policies of the applicable Third Party Provider, and Crowd Kitchen urges you to review any such privacy policies.
YOU AGREE THAT YOUR USE OF THIRD PARTY SERVICES AVAILABLE THROUGH THE SITE IS AT YOUR OWN RISK.
Third Party Sites Linked to and From the Site
We may, for your convenience, provide you with links to other Web sites from the Site (each, a “Linked Site”). You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by any Linked Site. Links to a Linked Site do not necessarily constitute an endorsement by or association with us of such sites or the content, products, advertising or other materials presented on such Linked Site. You acknowledge and agree that we do not control and are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on any Linked Site.
Other Web sites may provide links to the Site with or without our authorization. We do not endorse any such site, and are not and shall not be responsible or liable for any links from any such site to the Site, any content, advertising, products or other materials available on any such sites, or any loss or damages incurred in connection with any such site. Crowd Kitchen shall have the right, at any time and in its sole discretion, to block links to the Site through technological or other means without prior notice.
YOU AGREE THAT YOUR USE OF ANY LINKED SITE, INCLUDING YOUR USE OF ANY CONTENT, PRODUCTS, ADVERTISING OR OTHER MATERIALS AVAILABLE THROUGH SUCH LINKED SITE, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH LINKED SITE AND SUCH MATERIALS.
Disclaimer of Warranty; Limitation of Liability
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE RELATED SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (,-OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION UNDER LAW), ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE CONTENT PROVIDED ON OR THROUGH THE USE OF THE SITE.
YOU SPECIFICALLY ACKNOWLEDGE THAT CROWD KITCHEN, ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD PARTY SERVICE PROVIDERS, AND ANY THIRD PARTIES APPEARING ON THE SITE AT THE INVITATION OF CROWD KITCHEN, AS WELL AS THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS, SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES PERSONAL INJURY OR WRONGFUL DEATH ARISING OUT OF (A) THE USE OF OR INABILITY TO USE THE SITE OR THE INFORMATION SET FORTH THEREIN, (B) THE BREACH OF ANY WARRANTY OR, CONTRACT, (C) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF THE SITE, (D) ANY INTERACTIONS OR DISPUTES BETWEEN YOU AND ANY OTHER SITE USER, OR (E) ANY FOOD OR OTHER ITEMS YOU OBTAIN IN CONNECTION WITH YOUR OR ANOTHER PARTY’S USE OF THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION EVEN IF CROWD KITCHEN OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
CROWD KITCHEN NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT ON THE SITE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OR OBSCENE POSTING MADE ON THE SITE BY ANYONE, NOR FOR THE ACTIONS OR OMISSIONS OF ANY USER OF THE SITE.
Monitoring; Removal of Content