Last Revised: August 11th, 2016
The Punchfork website (the “Site”) is a copyrighted work belonging to Punchfork, Inc. (“Punchfork”) Punchfork grants you the right to use the Site and the Punchfork services available on the Site (the “Services”) subject to the terms and conditions of use (“Terms”) set forth below. PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THIS SITE.
IN ADDITION, WHEN YOU USE ANY CURRENT OR FUTURE COMPANY SERVICE OR PRODUCT, YOU WILL ALSO BE SUBJECT TO THE GUIDELINES, TERMS AND AGREEMENTS (“ADDITIONAL TERMS”) APPLICABLE TO SUCH SERVICE OR PRODUCT. IF THE TERMS ARE INCONSISTENT WITH THE ADDITIONAL TERMS, THE ADDITIONAL TERMS SHALL CONTROL.
2. Amendment. Punchfork may, at any time, revise these Terms by posting the amended terms on the Site, or upon providing notice thereof by electronic or conventional mail or any other reasonable means. The date of the most recent revisions will appear on this page, so check back often. The amended Terms shall automatically be effective. Your continued access to, or use of, the Site will constitute your acceptance of any changes or revisions to the Terms. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of this Site.
3. Punchfork Accounts. In order to access some of the Services, you will need to create an account. In consideration of your use of the Services, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Punchfork registration form, (“Your Account Data”), and (b) maintain and promptly update Your Account Data to keep it true, accurate current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Punchfork has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Punchfork has the right to suspend or terminate your account and refuse any and all current or future use of the Site or Services, or any portion thereof.
When you register to create an account, Punchfork will provide you with a unique username and password. Punchfork reserves the right to change or update your username and password in Punchfork’s sole discretion from time to time. You acknowledge and agree that only you are entitled to access the Services with the username and password provided by Punchfork. You are responsible for maintaining the confidentiality of your username and password and for all activities that occur under your username. You agree to notify Punchfork immediately of any breach of security or unauthorized use of your account. Punchfork reserves the right to terminate any username or password which Punchfork reasonably determines may have been used by an unauthorized third party.
Although Punchfork will not be liable for your losses caused by unauthorized use of your account, you may be liable for the losses of Punchfork or others due to such unauthorized use.
4. Your use of Site Content and Services. Punchfork owns and operates the Site and the Services. The information and content available on the Site (the “Site Content”) are protected by copyright laws throughout the world. The Site Content and the compilation of the Site Content on this Site is the property of Punchfork and its suppliers and is protected by U.S. and international copyright laws. You may access the Site Content and the Services solely for your own personal, non-commercial use as permitted under these Terms. This license does not include any resale or commercial use of this Site, the Site Content, or the Services; any derivative use of this Site, the Site Content, or the Services; any downloading or copying of account information; or any use of data mining, robots or similar data gathering and extraction tools. Unless otherwise specified by Punchfork in a separate license, your right to use any Site Content, other materials that you access or download through the Site, and/or the Services is subject to these Terms. All copyright and other proprietary notices on any Site Content must be retained on any copies. Any unauthorized reproduction or modification, distribution, or performance of any Site Content is strictly prohibited. Neither this Site nor any portion of this Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Punchfork. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout or form) appearing on or within the Site Content without Punchfork’s express written consent. You may not use any meta tags or other “hidden text” using Punchfork’s name or trademarks without the express written consent of Punchfork. Punchfork and its suppliers reserve all rights not granted in these Terms. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Site Content or enforce limitations of the use of the Site, the Site Content, or the Services. Any unauthorized use terminates the permission or license granted by Punchfork pursuant to these Terms. Punchfork and its suppliers reserve all rights not expressly granted in and to the Site Content and Services.
As a part of the Site, you will have access to recipes and other materials that are hosted by our suppliers (“Supplier Materials”). You agree that it is impossible for Punchfork to monitor such Supplier Materials and that you access these Supplier Materials at your own risk.
5. Your Content. In the future Punchfork may offer bulletin boards, forums, personal ads, chats and other areas on the Site where you may upload, post, e-mail, transmit or otherwise make available content (“Your Content”). Punchfork does not endorse, support, sanction, encourage, verify or agree with the comments, opinions or statements that may be posted in such areas. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements and will not necessarily represent the views of Punchfork. You agree that Punchfork and its suppliers are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material.
You agree that Punchfork will have the right to create reasonable limits on Punchfork’s use of Your Content, such as limits on file size, storage space, processing capacity and similar limits as determined by Punchfork in its sole discretion. You agree that Punchfork will not guarantee any confidentiality with respect to any of Your Content that you publicly post.
You agree that you, not Punchfork, will be responsible for all of Your Content that you upload, post, email, transmit or otherwise make available on the Site or through the Services (“Make Available”), whether publicly posted or privately transmitted. You represent, and warrant that you will own or have the necessary licenses, rights, consents, and permissions to use Your Content in keeping with your use in connection with the Site or the Services or as otherwise permitted by the Terms; and you have the rights necessary to grant the license and sublicenses described below. You agree to indemnify Punchfork and its affiliates, employees, agents, representatives and suppliers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys fees) which may arise from Your Content, from your unauthorized use of material obtained through the Site or Services, from your breach of these Terms, or from any such acts through your use of the Site or Services.
For clarity, you retain all of your ownership rights to Your Content. However, with respect to any of Your Content that you submit or Make Available for inclusion on publicly accessible areas of the Site, you hereby grant Punchfork a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, fully sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform Your Content (in whole or in part) in connection with the Site and the Services and Punchfork’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels.
6. Your Conduct. You agree that by accessing or using the Site, the Site Content, or the Services, you may be exposed to Site Content or other materials that are offensive, indecent or otherwise objectionable. You agree not to use, or to encourage or permit others to use, the Site or the Services to: (a) Make Available any material that is unlawful, harmful , threatening, abusive, tortious, defamatory, libelous, vulgar, obscene, child pornography, lewd, profane, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) stalk or harass another; (c) harm minors in any way; (d) Make Available any material that you do not have the right to Make Available or that infringes any intellectual property right of any party; (e) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (f) engage in any chain letters, contests, junk email, pyramid schemes, spamming, surveys or other duplicative or unsolicited messages (commercial or otherwise); (g) access or use the Site in any manner that could damage, disable, overburden or impair any Punchfork server or the networks connected to any Punchfork server; (h) disrupt or interfere with the security of, or otherwise cause harm to, the Site, the Site Content, systems, resources, accounts, passwords, servers or networks connected to or accessible through the Site or any affiliated or linked sites; (i) market any goods or services for any business purposes unless specifically allowed to do so by Punchfork; (j) access or attempt to access any Site Content or material that you are not authorized to access or through any means not intentionally made available through the Site; (k) reproduce, sell, trade, resell or exploit for any commercial purpose, any portion of the Site or Site Content, use of any Site or Site Content, or access to any Site Content; or (l) use any robot, spider, data mining, search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the Site or the Site Content, except as permitted by robots.txt.
7. Investigations. Punchfork may, but is not obligated to, monitor or review the Site, the Site Content, and any other materials posted on the Site at any time. Without limiting the foregoing, Punchfork shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such material violates the Terms or any applicable law. Although Punchfork does not generally monitor user activity occurring in connection with the Site or the Site Content , if Punchfork becomes aware of any possible violations by you of any provision of the Terms, Punchfork reserves the right to investigate such violations, and Punchfork may, at its sole discretion, immediately terminate your license to use the Site or Site Content, or change, alter or remove Your Content, in whole or in part, without prior notice to you. If, as a result of such investigation, Punchfork believes that criminal activity has occurred, Punchfork reserves the right to refer the matter to, and to cooperate with, any and all applicable law enforcement authorities. Except to the extent prohibited by applicable law, Punchfork is entitled to disclose any information or materials, including Your Content, in its possession in connection with your use of the Site to (a) comply with applicable law, legal process or governmental request, (b) enforce the Terms, (c) respond to any claims that Your Content violates the Terms or rights of third parties, (d) respond to your requests for customer services, or (e) protect the rights, property or personal safety of Punchfork, its users or the public, and law enforcement or other government officials, as Punchfork in its sole discretion believes to be necessary or appropriate. In the event you are a minor, Punchfork reserves the right to provide access to your account to your parents, guardian, or other authorized adult, upon such adult’s request.
8. Notification of Copyright Infringement. Punchfork will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to or from this Site or in connection with the Services or Materials, please provide, pursuant to the DMCA, written notification of claimed copyright infringement to the Designated Agent for this Site (identified below), which must contain the following elements:
(a) A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
(b) A description of the copyrighted work(s) that you claim have been infringed and identification of what content in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;
(c) A description of where the content that you claim is infringing is located on the Site;
(d) Information sufficient to permit Punchfork to contact you, such as your physical address, telephone number and e-mail address;
(e) A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright owner, its agent or the law; and
(f) A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Punchfork’s Designated Agent for notice of claims of copyright infringement can be reached as follows:
Jeff Miller/Designated Agent – Copyright Infringement Claims
541 Cowper Street Suite D
Palo Alto, CA 94301
9. Trademarks. Punchfork and other related graphics, logos, service marks, and trade names used on the Site are the trademarks of Punchfork and may not be used without permission in connection with any third party products or services. Other trademarks, service marks, and trade names that may appear on the Site are the property of their respective owners.
10. Modification. Punchfork reserves the right, at any time, to modify the Site Content or to modify, suspend, or discontinue the Site or any part thereof with or without notice. You agree that Punchfork will not be liable to you or to any third party for any modification of the Site Content or modification, suspension, or discontinuance of the Site.
11. Feedback. Punchfork will treat any feedback or suggestions you provide to Punchfork as non-confidential and non-proprietary. Thus, in the absence of a written agreement with Punchfork to the contrary, you agree that you will not submit to Punchfork any information or ideas that you consider to be confidential or proprietary.
12. Communications. When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You also agree that by submitting your contact information and any other personal information through the Site, you hereby authorize Punchfork to use and disclose this information, including for the purpose of sending periodic mailings to you about Punchfork products, services and news. These Terms will apply to all such mailings (and the mailings will be considered part of the Site Content).
13. Third Party Links. The Site may contain links to other web sites operated by third parties. Such third party web sites are not under the control of Punchfork. Punchfork is not responsible for the content of any third party web site or any link contained in a third party web site. Punchfork provides these links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third party web sites.
14. Warranty Disclaimer. Through the Services you may be provided with certain dietary or other information about food products, including but not limited to, the caloric intake of specific foods or recipes, the estimated cost of recipes, and information related to food allergies. While Punchfork strives to provide this information from trustworthy sources, you are ultimately responsible for verifying the information you find through use of the Site or Services, and any use or reliance on any site Content, materials or information contained or linked in through the Site or Services is at your own risk. You acknowledge and agree that terms used by Punchfork to categorize Site Content are used for the exclusive purpose of organizing search results. Punchfork does not guaranty that all Site Content grouped within a category will meet governmental and non-governmental standards for such category, nor can Punchfork guaranty that the Site Content resulting from a Punchfork search will accurately reflect the search terms. You are solely responsible for screening your Punchfork search results for ingredients which are objectionable or harmful to you for any reason. Punchfork IS PROVIDING THE SITE AND THE SITE CONTENT ON AN “AS IS” BASIS FOR USE AT YOUR OWN RISK. Punchfork AND ITS SUPPLIERS DISCLAIM ALL representations, WARRANTIES, and conditions, WHETHER EXPRESS IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY representations, WARRANTIES or conditions OF TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND QUIET ENJOYMENT. Punchfork AND ITS SUPPLIERS DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE SITE CONTENT OR THE INFORMATION PROVIDED ON THE SITE. INFORMATION AT THIS SITE MAY NOT BE CURRENT AT THE MOMENT YOU VISIT THIS SITE AND MAY CONTAIN ERRORS. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
15. Limitation of Liability. IN NO EVENT SHALL Punchfork OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE SITE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY. THE AGGREGATE CUMULATIVE LIABILITY OF PUNCHFORK OR ITS SUPPLIERS IN CONNECTION WITH THESE TERMS, THE SITE, THE SITE CONTENT, OR THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED FIFTY DOLLARS ($50). CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
16. Mobile Terms and Conditions. The following terms and conditions govern your use of mobile programs (“Program(s)”) offered by the Site, so please read them carefully. Your use of any aspect of the Program will constitute your agreement to comply with these terms and conditions.
If you cannot agree with these terms and conditions, please do not use the Program. These terms and conditions may be modified from time to time. The date of the most recent revisions will appear on this page. Your continued access to, or use of, the Program will constitute your acceptance of any changes or revisions to these terms and conditions.
Your failure to follow these terms and conditions may result in suspension or termination of your access to the Program, without notice, in addition to our other remedies. Punchfork reserves the right to discontinue the Program, or change the content or formatting of the Program, at any time without notice to you, and to require the immediate cessation of any specific use of the Program.
(a) Your carrier’s standard messaging rates apply to all mobile text messages you initiate from our Site to your cell phone. All charges are billed by and payable to your mobile service carrier.
(b) You agree that the cell phone number you enter in the Program is registered in your name, and that you will not initiate messages to the cell phone of any other person or entity.
(c) You shall have a mobile communications subscription with a participating carrier or otherwise have access to a mobile communications network for which we make the Program available. You shall provide all equipment and software necessary to connect to the Program, including but not limited to, a mobile hand set or other mobile access device that is in working order and suitable for use, as determined in our sole discretion, in connection with the Program.
(d) You agree not to modify the format or branding of the content provided in the Program (“Content”) or to add any materials, including any advertisements or other promotional content, to such Content. The Content is owned by Punchfork, its affiliates or licensors and is protected by intellectual property laws. Punchfork grants you a limited, non-exclusive, non-transferable, revocable license to download and use the Content on a designated compatible mobile device, solely for your own personal, non-commercial use. You shall not reproduce, modify perform, transfer, distribute, sell, create derivative works of or otherwise use or make available the content or the Program except as expressly provided for in these Terms.
(e) Punchfork provides the Program “as is” and shall not be liable for your use of the information, content, or material contained therein. Punchfork will not be liable for any delays in the receipt of any messages as delivery is subject to effective transmission from your network operator. TO THE FULLEST EXTENT ALLOWED BY LAW, COMPANY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH REGARD TO THE PROGRAM(S), INCLUDING ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
17. General Provisions. Punchfork makes no representation that the Site or the Site Content is appropriate, available or legal in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. These Terms and any action related thereto will be governed, controlled, interpreted, and defined by and under the laws of the State of California, without giving effect to any conflicts of laws principles that require the application of the law of a different state. By using this Site, you hereby expressly consent to the personal jurisdiction and venue in the state and federal courts for the county in which Punchfork’s principal place of business is located for any lawsuit filed there against you by Punchfork arising from or related to these Terms.
If you have any questions about the foregoing, please contact us at the following e-mail address: [email protected]