Terms of Service

We Are Tastebuds, Inc. (“We Are Tastebuds”) provides reviews of and shares information about and commentary on restaurants through our mobile application (“Tastebuds”), Tastebuds, and website https://wearetastebuds.com (the “Services”). Such Services may include reviews by We Are Tastebuds, peer reviews and ratings by our users. The Services are operated by We Are Tastebuds, Inc.

These Terms of Service (“Terms”) govern your access to and use of the Services, so please read them carefully before using the Services. As our business grows and we add new functionality to the Services, we may revise these Terms periodically. If we do, we will post the changes here. Your continued use of the Services after any changes are posted constitutes your acceptance of the new Terms. We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except those changes addressing new functions of the Services or changes made for legal reasons will be effective immediately.

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST WE ARE TASTEBUDS, Inc. ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

THE SERVICES

Modifications to Services & Data:

The Services may change over time as we add more features and functionality. We may modify, suspend, or discontinue, temporarily or permanently, the Services (or a part of the Services) from time to time without prior notice to you. Please backup your data as We Are Tastebuds has no responsibility for the deletion or failure to store any data or other content maintained or transmitted by the Services. You agree that We Are Tastebuds will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

You acknowledge that We Are Tastebuds may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on We Are Tastebuds servers on your behalf. You agree that We Are Tastebuds has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services. You acknowledge that We Are Tastebuds reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that We Are Tastebuds reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

The Services include certain services that are available via a mobile device, including (i) the ability to upload content to the Services via a mobile device, (ii) the ability to browse the Services from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding We Are Tastebuds and other entities by email.

ACCESS AND USE OF THE SERVICES

Your Registration Obligations:

You may be required to register with We Are Tastebuds or provide information about yourself (e.g., name, username, password, email address, street address, city and country) in order to access and use certain features of the Services. If you choose to register for the Services, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Services’ registration form. Registration data and certain other information about you are governed by our Privacy Policy.

User Account, Password and Security:

You are responsible for maintaining the confidentiality of your password and account details, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify We Are Tastebuds of any unauthorized use of your password or account or any other breach of security. We Are Tastebuds will not be liable for any loss or damage arising from your failure to comply with this paragraph.

CONDITIONS OF USE

Age:

You must be 16 years of age to use the Services, with or without registering as a user and may not submit any personal information to us.

User Conduct:

You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, and other materials (“content”) that you make available to We Are Tastebuds, including by uploading, posting, publishing, or displaying (hereinafter, “upload(ing)”) via the Services or by emailing, messaging or otherwise making available to other users of the Services (collectively, “User Content”). The following are examples of the kinds of content and/or uses that are illegal or prohibited by We Are Tastebuds. We Are Tastebuds reserves the right to investigate and take appropriate legal action against anyone who, in We Are Tastebuds’ sole discretion, violates this provision, including without limitation, removing the offending content from the Services, suspending or terminating the account of such violators and reporting the violator to law enforcement authorities. You agree to not use the Services to:

  • upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically, discriminatory, or otherwise objectionable; or (vii) in the sole judgment of We Are Tastebuds, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose We Are Tastebuds or its users to any harm or liability of any type;
  • interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services; or
  • violate any applicable local, state, national or international law, or any regulations having the force of law;
  • impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • solicit personal information from anyone under the age of 18;
  • harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  • advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
  • further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
  • obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Services;
  • circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in or geographic restrictions on any content (including Services Content (as defined below)) available on or through the Services;
  • post any fake or defamatory review, trade reviews with others, or compensate someone or be compensated to post, refrain from posting, or remove a review; or
  • take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on We Are Tastebuds’ technology infrastructure or otherwise make excessive traffic demands of the Services.

SPECIAL NOTICE FOR INTERNATIONAL USE; EXPORT CONTROLS

Software (defined below) available in connection with the Services and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Services, including as it concerns online conduct and acceptable content.

COMMERCIAL USE

Unless otherwise expressly authorized herein or in the Services, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.

THIRD PARTY DISTRIBUTION CHANNELS

We Are Tastebuds offers a Mobile Application, that is intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”, and such software, “Apple-Enabled Software”) or third parties that operate using the Android operating system, which is owned by Google Inc. (“Google” which, together with Apple, is referred to herein as the “Distribution Channel”; such software together with the Apple-Enabled Software, the “Distribution Channel-Enabled Software”). If you obtain such Distribution Channel-Enabled Software, you may be subject to additional terms of the Distribution Channel. These Terms are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third party products and services in connection with your use of our Services, you agree to comply with all applicable terms of any agreement for such third party products and services.

Application License: Subject to these Terms, We Are Tastebuds hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to (a) install the Mobile Application on one mobile device and (b) use the Mobile Application for your own personal use solely to access and use the Services. For clarity, the foregoing is not intended to prohibit you from installing the Mobile Application for another device on which you also agreed to these Terms. Each instance of the Terms that you agree to in connection with downloading a Mobile Application grants you the aforementioned rights in connection with the installation and use of the Mobile Application on one device.

With respect to the Distribution Channel-Enabled Software, in addition to the other terms and conditions set forth in these Terms, the following terms and conditions apply:

  • You may not use the Distribution Channel-Enabled Software in any manner that is in violation of or inconsistent with the usage rules set forth for Distribution Channel-Enabled Software in, or otherwise be in conflict with, the applicable distribution channel terms of service (the “App Store Terms of Service”).
  • The Distribution Channel has no obligation whatsoever to provide any maintenance or support services with respect to the Distribution Channel-Enabled Software.
  • You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  • If you have any questions, complaints or claims with respect to the Distribution Channel-Enabled Software, they should be directed to We Are Tastebuds as follows: info@wearetastebuds.com We Are Tastebuds, Inc.

The Google Play marketplace is owned and operated by Google. Your use of Google Play is governed by a legal agreement between you and Google consisting of the Google Terms of Service (found at http://www.google.com/accounts/TOS) and the Google Play Terms of Service (found at https://play.google.com/intl/en-US_us/about/play-terms.html). In addition, your use of Google Play is subject to the Google Play Business and Program Policies (http://play.google.com/about/android-developer-policies.html). The Google Play Market Terms of Service, Google Play Business and Program Policies, and Google Terms of Service will take precedence in that order in the event of a conflict between them, to the extent of such conflict.

We Are Tastebuds and you acknowledge and agree that the Distribution Channel, and Distribution Channel’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Distribution Channel-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, the Distribution Channel will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Distribution Channel-Enabled Software as a third party beneficiary thereof.

INTELLECTUAL PROPERTY RIGHTS

Services Content, Software and Trademarks:

The Services may contain content (“Services Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by We Are Tastebuds, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Services Content, in whole or in part. Any use of the Services or the Services Content other than as specifically authorized herein is strictly prohibited. If you are eligible to use the Services, you are granted a limited license to access and use the Services and the Services Content and to download or print a copy of the Services Content solely for your personal, non-commercial use, provided that you do not remove or modify any copyright, trademark, or other proprietary rights notice that appears on any portion of the Services. You are not permitted to use any data mining, robots, scraping, or similar data gathering or extraction methods. Any use of the Mobile Application or the Services Content other than as authorized by these Terms is strictly prohibited and will terminate the license granted here. The technology and software underlying the Services are the property of We Are Tastebuds, our affiliates and our partners (the “Software”). You agree not to reverse engineer, reverse assemble or otherwise attempt to discover any source code version of the Software. If you are blocked by We Are Tastebuds from accessing the Services, you agree not to implement any measures to circumvent such blocking. We reserve all right, title and interest in and to the Software and Services Content, except for the limited rights expressly granted in these Terms.

Any rights not expressly granted herein are reserved by We Are Tastebuds.

We Are Tastebuds names and logos are trademarks and service marks of We Are Tastebuds (collectively the “Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to We Are Tastebuds. Nothing in this Terms or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of We Are Tastebuds Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of We Are Tastebuds Trademarks will inure to our exclusive benefit. You may not use any of the Trademarks without our prior written permission.

Third Party Material:

Under no circumstances will We Are Tastebuds be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that We Are Tastebuds does not pre-screen content, but that We Are Tastebuds and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Services. Without limiting the foregoing, We Are Tastebuds and its designees will have the right to remove any content that violates these Terms or is deemed by We Are Tastebuds, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

User Content Posted on or through the Services:

You are solely responsible for the content and other materials you upload, post on or through the Services or transmit to or share with other users or recipients (collectively, “User Content”), and you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. You may not post any content that you did not create or that you do not own. By posting User Content you hereby grant and will grant We Are Tastebuds and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable (directly and indirectly through multiple tiers), perpetual, irrevocable license to copy, display, transmit, distribute, store, modify and otherwise use your User Content in connection with the operation, advertising, or marketing of the Services, in any form now known or later developed. You assume all risk associated with your User Content and the transmission of your User Content, and you have sole responsibility for the accuracy, quality, legality, and appropriateness of your User Content.

You hereby authorize Company and its third-party service providers to derive statistical and usage data relating to your use of the Service (“Usage Data”). We may use Usage Data for any purpose in accordance with applicable law and our Privacy Policy.

We welcome your comments, questions, suggestions, and feedback about the Services (“Submissions”)! But be aware that any comments or suggestions you make to We Are Tastebuds are non-confidential and become the property of We Are Tastebuds, which will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that We Are Tastebuds may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of We Are Tastebuds, its users and the public. You understand that the technical processing and transmission of the Services, including your User Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

User Content (including any that may have been created by users employed or contracted by We Are Tastebuds) does not necessarily reflect the opinion of We Are Tastebuds. Except as required by law, we have no obligation to retain or provide you with copies of your User Content, and we do not guarantee any confidentiality with respect to your User Content. We reserve the right to remove, screen, edit, or reinstate User Content at our sole discretion for any reason or no reason, and without notice to you.

Copyright Complaints:

We Are Tastebuds respects the intellectual property of others, and we ask our users to do the same. We Are Tastebuds will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information (Subject line: “DMCA Takedown Request”):

To be effective, the notification must be in writing and contain the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
  • identification of the copyrighted work or other intellectual property that you claim has been infringed or, if multiple copyrighted works or other intellectual property are covered by a single notification, a representative list of such works or other intellectual property;
  • identification of the content that is claimed to be infringing or to be the subject of infringing activity, and where the content that you claim is infringing is located on the Application, with enough detail that we may find it on the Application;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; 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 or intellectual property owner or are authorized to act on the behalf of the owner of the copyright or intellectual property that is allegedly infringed.

We Are Tastebuds’s Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

We Are Tastebuds, Inc.

Copyright Agent

Email: info@wearetastebuds.com

Counter-Notice:

If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:

  • your physical or electronic signature;
  • identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • a statement by you, made under penalty of perjury, that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content to be removed or disabled;
  • your name, address, telephone number, and email address; and
  • a statement that you consent to the jurisdiction of the federal court located within the District of Delaware and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, We Are Tastebuds will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it within thirty (30) business days. Unless the owner of the applicable copyrighted work or other intellectual property files an action seeking a court order against We Are Tastebuds, member, or user, the removed content may be replaced, or access to it restored, within fourteen (14) to thirty (30) business days or more after receipt of the counter-notice, at our sole discretion.

Repeat Infringer Policy:

In accordance with the DMCA and other applicable law, We Are Tastebuds has adopted a policy of terminating, in appropriate circumstances and at We Are Tastebuds’s sole discretion, the accounts of users and/or members who are deemed to be repeat infringers. Any user account that receives three (3) DMCA strikes will be considered a repeat infringer. A “DMCA strike” accrues each time that material is removed from a user’s account due to a DMCA notice. We Are Tastebuds may group multiple DMCA notices received within a short period of time as a single DMCA strike. We Are Tastebuds may also at its sole discretion limit access to the Services and/or terminate the accounts of any users and/or members who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

THIRD PARTY LINKS AND CONTENT

The Services may provide, or third parties may provide, links or otherwise direct users to other sites and resources on the Internet. We Are Tastebuds has no control over such sites and resources and We Are Tastebuds is not responsible for and does not endorse such sites and resources. We Are Tastebuds will not be 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, events, goods, or services available on or through such site or resource. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that We Are Tastebuds is not liable for any loss or claim that you may have against any such third party.

RELEASE

By using the Services you agree to release, discharge and hold harmless We Are Tastebuds and its subsidiaries and affiliates from any and all losses, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to the Services or any act or omission by any person, including without limitation, any dispute between you and any other person or regarding any content posted on the Application or the Services. 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.” This release includes, without limitation, any claim resulting from delay and the criminal acts of others. If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

INDEMNITY

You agree to indemnify and hold We Are Tastebuds and We Are Tastebuds Entities harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or relating to the Services, including without limitation, any content posted to or transmitted through the Services, or publicly distributed on the web, your use of the Services, your connection to the Services, your violation of the Terms or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee.

DISCLAIMER OF WARRANTIES

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE ARE TASTEBUDS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

WE ARE TASTEBUDS MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.

ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR YOUR CHILDREN.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE ARE TASTEBUDS AND WE ARE TASTEBUDS ENTITIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE ARE TASTEBUDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL WE ARE TASTEBUDS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID WE ARE TASTEBUDS IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

TERMINATION

You agree that We Are Tastebuds, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any content within the Services, for any reason, including, without limitation, for lack of use or if We Are Tastebuds believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Services, may be referred to appropriate law enforcement authorities. We Are Tastebuds may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this Terms may be effected without prior notice, and acknowledge and agree that We Are Tastebuds may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that We Are Tastebuds will not be liable to you or any third party for any termination of your access to the Services.

DISPUTE RESOLUTION BY BINDING ARBITRATION: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS

Agreement to Arbitrate:

This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and We Are Tastebuds, whether arising out of or relating to these Terms (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and We Are Tastebuds are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

Prohibition of Class and Representative Actions and Non-Individualized Relief:

YOU AND WE ARE TASTEBUDS AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE ARE TASTEBUDS AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

Pre-Arbitration Dispute Resolution:

We Are Tastebuds is always interested in resolving disputes amicably and efficiently, and most user concerns can be resolved quickly and to the user’s satisfaction by emailing customer support at info@wearetastebuds.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to We Are Tastebuds should be sent to We Are Tastebuds Inc., [850 New Burton Road, Suite 201, City of Dover, County of Kent, DE, 19904] (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If We Are Tastebuds and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or We Are Tastebuds may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by We Are Tastebuds or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or We Are Tastebuds is entitled.

Arbitration Procedures:

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless We Are Tastebuds and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, We Are Tastebuds agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

Costs of Arbitration:

Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. Any payment of attorneys’ fees or Arbitration costs will be governed by the AAA Rules.

Confidentiality:

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

Severability:

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms will continue to apply.

Future Changes to Arbitration Agreement:

Notwithstanding any provision in these Terms to the contrary, We Are Tastebuds agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending We Are Tastebuds written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

USER DISPUTES

You agree that you are solely responsible for your interactions with any other user in connection with the Services and We Are Tastebuds will have no liability or responsibility with respect thereto. We Are Tastebuds reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services.

GENERAL

The Terms constitute the entire agreement between you and We Are Tastebuds and govern your use of the Services, superseding any prior agreements between you and We Are Tastebuds with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The Terms will be governed by the laws of the State of Delaware without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and We Are Tastebuds agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the District of Delaware. The failure of We Are Tastebuds to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms without the prior written consent of We Are Tastebuds, but We Are Tastebuds may assign or transfer these Terms, in whole or in part, without restriction. The section titles in these Terms are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Services may also provide notices to you of changes to these Terms or other matters by displaying notices or links to notices generally on the Services.

YOUR PRIVACY

At We Are Tastebuds we respect the privacy of our users and have outlined our collection, use and disclosure of personal information and registration data in our Privacy Policy. By using the Services, you accept and agree with all provisions of the Privacy Policy and consent to our collection and use of personal data as outlined therein.

NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, users of the Services from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at info@wearetastebuds.com

QUESTIONS? CONCERNS? SUGGESTIONS?

Please contact us info@wearetastebuds.com to report any violations of these Terms or to pose any questions regarding this Terms or the Services.

© We Are Tastebuds, Inc 2024