Terms of Service - Foody Making

Foody Making
Terms of Service Agreement
Last Updated: November 26, 2024

This Terms of Service Agreement (the “Terms”) governs your use of the www.foodymaking.com website and any other website or service owned, operated, or provided by Foody Making, including its affiliates, agents, and any service, content, or resources available or enabled through our website (collectively referred to as the “Platform”).

PLEASE READ THESE TERMS CAREFULLY. THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU (“USER”) AND FOODY MAKING (“WE,” “US,” OR “OUR”).

SECTION 19 of these Terms contains an arbitration clause. This clause requires that most disputes between you and Foody Making be resolved through binding arbitration on an individual basis, rather than in court. Class action lawsuits and jury trials are not permitted. Please refer to Section 19 for more details, including how to opt out.

By clicking “I ACCEPT” (or similar), completing the registration process, or accessing or using the Platform in any way, you acknowledge and agree to the following: You have read, understood, and agree to be bound by these Terms and any future amendments or updates published on the Platform. You are of legal age in your jurisdiction of residence to form a binding contract. You have the authority to enter into this Agreement, either for yourself or on behalf of an entity you represent.

The terms “you,” “your,” or “User” refer to visitors of the website, customers who use Foody Making to find recipes or other content, and creators who create and post recipes or other content to the Platform.

If you are accessing or using the Platform on behalf of an entity (e.g., as a representative, agent, or employee), both you and the entity you represent agree that the terms “you” and “your” apply to both the entity and the individual, and that you have the authority to enter into this Agreement on behalf of the entity.

Foody Making reserves the right to modify these Terms or related policies at any time, at its sole discretion. Any updates will take effect upon posting the updated Terms on the Platform. Your continued use of the Platform after any changes indicates your acceptance of the revised Terms. We encourage you to regularly review these Terms to stay informed of any updates.

1. HOW THE PLATFORM WORKS

Creators can post Recipe Content to the Platform, and Customers can search for and access this Recipe Content. The Platform serves as a facilitator, connecting Customers with Creators and enabling them to share and explore recipes seamlessly. For more information on how the Platform operates, please visit our website at www.foodymaking.com.

CREATORS ARE NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, OR FRANCHISEES OF FOODY MAKING. FOODY MAKING DOES NOT EMPLOY OR RETAIN CREATORS. YOU ACKNOWLEDGE THAT FOODY MAKING DOES NOT SUPERVISE, DIRECT, CONTROL, OR ACCEPT ANY RESPONSIBILITY FOR THE RECIPE CONTENT SHARED BY CREATORS. HOWEVER, FOODY MAKING MAY MONITOR AND FACILITATE CERTAIN ASPECTS OF INTERACTIONS THAT OCCUR THROUGH THE PLATFORM.

2. USE OF THE PLATFORM

The Platform, including all its parts and components, is protected by copyright laws worldwide. Subject to this Agreement, Foody Making grants you the right to access and use the features and functionality of the Platform. Additionally, you are granted a limited license to use the Platform to offer or obtain access to Recipe Content. Unless specified otherwise in a separate license issued by Foody Making, your right to use the Platform is governed entirely by this Agreement.

UPDATES AND MODIFICATIONS. Foody Making may periodically develop patches, bug fixes, updates, upgrades, and other modifications to the Platform (“Updates”). These Updates may be implemented automatically without providing you with additional notice or requiring your explicit consent. By using the Platform, you consent to these automatic Updates. If you do not wish to receive such Updates, your sole remedy is to terminate your Account. If you choose not to terminate your Account, you will receive Updates automatically, and your continued use of the Platform constitutes your agreement to this Terms of Service, including all Updates. Foody Making reserves the right to modify or discontinue the Platform, temporarily or permanently, at any time, including limiting or discontinuing specific features, without prior notice. Foody Making shall not be liable for any changes to the Platform, or for any suspension or termination of your access to or use of the Platform.
CERTAIN RESTRICTIONS. The rights granted to you under this Agreement are subject to the following restrictions: (a) You may not license, sell, rent, lease, transfer, assign, reproduce, distribute, host, or otherwise commercially exploit the Platform or any part of it. (b) You may not frame or use framing techniques to enclose any trademarks, service marks, logos, or other proprietary elements (including images, text, page layout, or forms) of Foody Making. (c) You may not use any metatags or “hidden text” using Foody Making's name, trademarks, or service marks without explicit permission. (d) You may not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile, or reverse engineer any part of the Platform. Customers are also restricted from reverse engineering Recipe Content, except where expressly permitted by law. (e) You may not use manual or automated processes (e.g., spiders, robots, scrapers, crawlers, avatars, or data mining tools) to scrape or download data from the Platform. Public search engines are granted revocable permission to copy materials solely to create publicly available searchable indices, excluding caches or archives. (f) You may not access the Platform to create a competing or similar website, application, or service. (g) Except as expressly permitted, no part of the Platform may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means. (h) You may not remove or alter copyright notices or other proprietary markings on or within the Platform. (i) You may not interfere with the proper functioning of the Platform or use it in ways not expressly permitted under this Agreement. (j) You may not attempt to harm the Platform, including but not limited to violating security features, introducing malicious code (e.g., viruses, worms), or interfering with other users, hosts, or networks by means such as overloading, flooding, spamming, or crashing. Any unauthorized use of the Platform immediately terminates the licenses granted by Foody Making under this Agreement. Future updates, releases, or additions to the Platform are subject to this Agreement. Foody Making, along with its suppliers and service providers, reserves all rights not expressly granted under this Agreement. If you violate these restrictions or are suspected of unauthorized use of the Platform, the licenses and rights granted to you will be terminated. Furthermore, you agree to indemnify Foody Making and its affiliated parties (as defined in Section 13) for any claims, damages, or liabilities arising from your violation of these terms.

3. REGISTRATION

REGISTERING YOUR ACCOUNT. To access the features and functionality of the Platform, including as a Customer or Creator, you may need to register for an account (“Account”). By registering your Account with Foody Making and connecting with the Platform, you agree to be bound by these Terms of Service. Your registration signifies your acknowledgment and acceptance of the terms outlined in this Agreement, governing your use of the Platform and its services.
REGISTRATION DATA. When registering an Account through the Platform, you agree to: (a) Provide true, accurate, current, and complete information about yourself as required by the registration form (“Registration Data”); and (b) Maintain and promptly update the Registration Data to ensure it remains true, accurate, current, and complete. You are responsible for monitoring your Account to restrict use by minors and accept full responsibility for any unauthorized use of the Platform by minors. You agree not to share your Account or password with anyone. Additionally, you agree to: (x) Notify Foody Making immediately of any unauthorized use of your password or any breach of security. (y) Log out of your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if Foody Making reasonably suspects that the information is untrue, inaccurate, not current, or incomplete, Foody Making reserves the right to suspend or terminate your Account at any time and refuse any future use of the Platform. You agree not to create an Account using a false identity or information or on behalf of another person. You may not have more than one Account at any given time. Additionally, you may not create an Account or use the Platform if you have previously been removed by Foody Making or banned from the Platform.
SOCIAL NETWORKING SITE. If you access the Platform through a social networking service (“SNS”), you may link your Account with the SNS to enhance the functionality of the Platform. By linking your Account, you grant Foody Making access to your SNS account, as permitted under the terms and conditions governing your use of that SNS. You represent that you have the right to grant such access without violating any terms and conditions of the applicable SNS. By granting Foody Making access to your SNS accounts, you acknowledge that Foody Making may access, make available, and, where applicable, store any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials that you have provided to and stored in your SNS account (“SNS Content”). This SNS Content may then be available on and through the Platform. Unless explicitly stated otherwise in this Agreement, all SNS Content will be treated as User Content (as defined below). Depending on the SNS account you choose to link and the privacy settings you have configured in that account, personally identifiable information that you post to your SNS account may also become available on and through the Platform. Ensure your privacy settings align with the level of information you are comfortable sharing.
NECESSARY EQUIPMENT. To participate in the Platform as a Creator, you must own or have the necessary permissions to license all Recipe Content that you upload to the Platform. To access and engage with the Platform, all Users are responsible for providing the required equipment and software, including but not limited to a mobile device or other hardware capable of connecting to and using the Platform. You are solely responsible for any costs incurred while accessing the Platform, such as fees for third-party platforms, internet connections, or mobile data usage. Foody Making is not responsible for these costs.

4. CREATOR TERMS

Foody Making reserves the right, but does not have an obligation, to feature Recipe Content submitted by Creators on the Platform. By using the Platform, you acknowledge and agree that: (i) Foody Making, at its sole discretion, will determine the fees associated with the Recipe Content you upload; (ii) Foody Making may, without prior notice, offer discounts, promotions, or other initiatives related to Recipe Content, which may influence your earnings; and (iii) The placement and ranking of Recipe Content in search results on the Platform may vary based on factors such as Customer search parameters, preferences, and other qualitative measures determined at Foody Making’s discretion.
As an independent individual or business, you, as a Creator, retain full control over your participation in the Platform. This includes: (a) deciding when to log into the Platform and make Recipe Content available to Customers; (b) selecting the Recipe Content you choose to upload to the Platform; (c) not being restricted from using competitive services or technology platforms, except as otherwise outlined in this Agreement; (d) maintaining your independent business outside of the Platform; and (e) accepting that any profit or loss opportunity depends solely on the Recipe Content you post. You are not authorized to represent to any third parties, including Users of the Platform, that you are an employee, contractor, or agent of Foody Making.
This Agreement and your performance under it do not establish an association, partnership, joint venture, or any relationship of principal and agent, master and servant, or employer and employee between you and Foody Making, or between Foody Making and your employees or agents. Both you and Foody Making agree that you, your employees, and your agents (if applicable) will not be entitled to any Foody-sponsored benefits. Such benefits include, but are not limited to, paid vacation, sick leave, medical insurance, and 401k participation. If you, your employees, or agents are reclassified by a state or federal agency or court as employees of Foody Making, you and your employees or agents will only be entitled to those benefits mandated by state or federal law. This applies even if Foody’s benefit plans or programs at the time of reclassification would otherwise make you or your employees eligible for such benefits. You acknowledge that you are solely responsible for complying with all federal, state, and local tax filing and payment obligations related to any remuneration received through the Platform. This includes, but is not limited to, responsibility for tax withholding, Social Security, Worker’s Compensation Insurance, FICA, unemployment compensation, medical insurance, life insurance, paid vacations, paid holidays, pensions, and other benefits or obligations. Foody Making does not provide legal, tax, or investment advice and is not your fiduciary. You are encouraged to seek advice from qualified professionals to ensure compliance with all applicable federal, state, and local laws or regulations.

5. CONTENT

TYPES OF CONTENT. You acknowledge that all information provided on the Platform (“Content”) is the sole responsibility of the party from whom the Content originated. This means that you, not Foody Making, are entirely responsible for all Content, including photographs, that you upload, post, email, transmit, or otherwise make available (“Make Available”) through the Platform (“Your Content”). Similarly, you and other Users, not Foody Making, are responsible for all Content, including but not limited to Recipe Content, that you and other Users Make Available through the Platform (“User Content”).
NO OBLIGATION TO PRE-SCREEN CONTENT. You acknowledge that Foody Making has no obligation to pre-screen Content (including User Content). However, Foody Making reserves the right, at its sole discretion, to pre-screen, refuse, or remove any Content. By agreeing to these terms, you provide your irrevocable consent to such monitoring. You further acknowledge and agree that you have no expectation of privacy regarding the transmission of Your Content, including but not limited to email communications. If Foody Making pre-screens, refuses, or removes any Content, you acknowledge that such actions are taken for Foody Making’s benefit, not yours. Foody Making reserves the right to remove any Content that violates this Agreement or is otherwise deemed objectionable.
STORAGE. Unless expressly agreed to by Foody Making in writing, Foody Making has no obligation to store any of Your Content that you Make Available on the Platform. Foody Making is not responsible for the deletion, inaccuracy, failure to store, transmit, or receive any Content, including Your Content. Furthermore, Foody Making assumes no responsibility for the security, privacy, or storage of communications originating from or involving use of the Platform. If the Platform allows you to restrict access to Your Content, you are solely responsible for applying the appropriate access settings. You acknowledge and agree that Foody Making retains the right to impose reasonable limits on the use and storage of Content, including Your Content. These limits may include file size, storage space, processing capacity, or other restrictions as described on the Platform or determined by Foody Making at its sole discretion.

6. OWNERSHIP AND INTELLECTUAL PROPERTY

PLATFORM. You agree that Foody Making and its suppliers retain all rights, title, and interest in the Platform and all of its components. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices that are included in or accompany the Platform.
TRADEMARKS. Foody Making retains all rights, title, and interest in its trademarks, graphics, logos, service marks, trade names, and other brand elements (collectively, “Trademarks”) used on or in connection with the Platform. These Trademarks may not be used without prior permission, including in association with your or any third-party products or services. Any other trademarks, service marks, or trade names that appear on or within the Platform are the property of their respective owners.
YOUR CONTENT. Foody Making does not claim ownership of Your Content. However, by posting or publishing Your Content on the Platform, you represent and warrant that you own or have the necessary rights to grant a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to: Use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public. Perform and display Your Content (in whole or in part) worldwide. Incorporate Your Content into other works in any form, media, or technology, whether currently known or developed in the future. This license applies for the full term of any intellectual property rights that may exist in Your Content.
LICENSE TO YOUR CONTENT. By posting or making Your Content available on the Platform, you grant Foody Making a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, host, display, publish, license, distribute, reproduce, modify, and adapt Your Content (in whole or in part). This license is for purposes such as operating, providing, developing, and improving the Platform for you and other Users, researching and developing new services, and using Your Content in connection with the Platform, including promotional or marketing purposes. You represent and warrant that the holder of any worldwide intellectual property rights, including moral rights, in Your Content has waived all such rights and has granted you the authority to grant the license outlined above. You acknowledge that you, not Foody Making, are solely responsible for Your Content that you Make Available on the Platform. The Platform may also contain User Content provided by other Users. Foody Making is not responsible for, nor does it control, review, or monitor User Content. Foody Making does not approve, endorse, or make any representations or warranties regarding User Content. You interact with other Users and use User Content at your own risk.
YOUR PROFILE. Any Content you post in your profile must comply with Foody Making’s guidelines and may not contain nudity, violence, sexually explicit material, or any offensive subject matter, as determined solely by Foody Making. Additionally, you may not post or submit photographs of another person without obtaining their explicit permission.
FEEDBACK. By submitting any ideas, suggestions, documents, or proposals to Foody Making through its suggestion forms, feedback pages, wikis, forums, or similar platforms, or via email (“Feedback”), you do so at your own risk and acknowledge that Foody Making has no obligations, including but not limited to obligations of confidentiality, with respect to such Feedback. You represent and warrant that you have the rights necessary to submit the Feedback and hereby grant Foody Making a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, reformat, create derivative works of, and otherwise exploit the Feedback commercially or non-commercially, in any manner, including sublicensing these rights, in connection with the operation and maintenance of the Platform. You further agree that if your submission includes your name, likeness, voice, or other identifiable elements (“Name and Likeness”), the license granted to Foody Making automatically extends to its use of your Name and Likeness in connection with the submitted material. Additionally, you warrant that all "moral rights" associated with the Feedback have been waived.

7. USER CONDUCT. As a condition of using the Platform, you agree not to use it for any purpose prohibited by this Agreement or applicable law. You shall not, and shall not permit any third party to: (a) Take any action or Make Available any Content on or through the Platform that: (i) Infringes any patent, trademark, trade secret, copyright, right of publicity, or other rights of any person or entity; (ii) You do not have the right to Make Available under any law or contractual or fiduciary relationships, including but not limited to proprietary and confidential information disclosed under employment relationships or non-disclosure agreements; (iii) Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane; (iv) Constitutes unauthorized or unsolicited advertising, junk mail, or bulk email; (v) Impersonates any person or entity, including any employee or representative of Foody Making; or (vi) Interferes with or attempts to interfere with the proper functioning of the Platform or uses the Platform in a manner not expressly permitted by this Agreement. Violating these terms may result in suspension or termination of your access to the Platform.

8. THIRD-PARTY SERVICES. The Platform may include links to third-party websites (“Third-Party Websites”) and advertisements for third parties (“Third-Party Ads”). When you click on a link to a Third-Party Website or Third-Party Ad, you will not receive a warning that you are leaving the Platform. You will then be subject to the terms and conditions, including privacy policies, of the respective third-party website or destination. Foody Making does not control, review, approve, monitor, endorse, warrant, or make any representations about Third-Party Websites, Third-Party Ads, or their associated products or services. These are provided solely as a convenience, and you access and use them at your own risk. Once you leave our Platform, this Agreement and our policies no longer apply. You are encouraged to review the applicable terms, privacy policies, and data collection practices of any Third-Party Website before engaging in any transactions or interactions.

THIRD-PARTY CONTENT. The Platform may incorporate content, software, or other materials provided by third parties (“Third-Party Content”). Your use of Third-Party Content is subject to the terms and conditions set by the respective providers. By accepting this Agreement, you also accept any additional terms associated with such Third-Party Content. Foody Making expressly disclaims all warranties in connection with Third-Party Content and assumes no liability for any issues arising from its use.
OPEN SOURCE SOFTWARE. The Platform may include third-party software components that are distributed under open-source licenses, which grant recipients broad rights to copy, modify, and distribute such components (“Open Source Components”). While the Platform is subject to this Agreement, nothing herein restricts you from obtaining Open Source Components under their applicable third-party licenses or from using such components in accordance with their respective licenses.
THIRD-PARTY ADVERTISEMENTS. The Foody Making website may display ads through services such as Google AdSense. These ads are governed by the respective advertising platform’s terms, and Foody Making is not responsible for the content, accuracy, or reliability of these ads. Interactions or transactions with advertisers are at your own risk.

9. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. Foody Making has a policy of terminating the membership privileges of Users who repeatedly infringe copyrights, following prompt notification by the copyright owner or their authorized legal agent. If you believe your copyrighted work has been copied and posted on the Platform in a manner that constitutes copyright infringement, you may notify our Copyright Agent with the following information: (a) An electronic or physical signature of the person authorized to act on behalf of the copyright owner. (b) A description of the copyrighted work that you claim has been infringed. (c) A description of where the allegedly infringing material is located on the Platform. (d) Your address, telephone number, and email address. (e) A written statement from you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law. (f) A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner. Please direct claims of copyright infringement to Foody Making’s Copyright Agent: Name or Title: Md Rony, CEO Address: 450 Townsend Street, San Francisco CA 94107 USA. Email: support@foodymaking.com Foody Making will respond to notices in accordance with applicable copyright laws.

10. FOODY COMMUNICATIONS

GENERALLY. By entering into this Agreement or using the Platform, you agree to receive communications from Foody Making, including marketing and promotional messages, via email or phone. You acknowledge that standard message and data rates may apply to all such communications.
EMAIL MARKETING COMMUNICATIONS. If we send you marketing or promotional email communications, you will have the ability to opt out of receiving such communications by following the unsubscribe instructions provided in the email. YOU ACKNOWLEDGE THAT CONSENT TO RECEIVE PROMOTIONAL EMAILS IS NOT A CONDITION OF USING THE PLATFORM OR RELATED SERVICES. If you wish to opt out of receiving promotional emails from us, you can unsubscribe by using the unsubscribe link included in the promotional email.
PROMOTIONAL SMS AND/OR TEXT MESSAGES. You may have the option to provide your contact information and sign up for an SMS Messaging Service on the Platform. By opting into this service, you consent to receive text messages (including marketing texts) from us at the mobile number you provide. These messages may include updates about new and existing Platform features, promotions run by us or our partners, and other related communications. If you opt into our SMS Messaging Service, we will send you a confirmation text message upon signup. You can cancel this service at any time by replying “STOP” to the telephone number or short code we used to contact you. Once you text “STOP,” we will send a final confirmation message, and you will no longer receive promotional messages. Please note that we may update or change the telephone number or short code used to operate our SMS service at any time. Any messages sent to a previous or outdated number or short code, including requests such as “STOP” or “HELP,” may not be received, and we are not responsible for processing such requests sent to an invalid number. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, YOU MAY ALSO TEXT “END” TO THE NUMBER OR SHORT CODE WE USED TO CONTACT YOU. YOU ACKNOWLEDGE THAT CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS IS NOT A CONDITION OF USING THE PLATFORM OR RELATED SERVICES. Standard message and data rates may apply.
ELECTRONIC COMMUNICATIONS. Communications between you and Foody Making may occur via electronic means, including when you visit the Platform, send us emails, or when we post notices on the Platform or communicate with you via email or text message. For contractual purposes, you: (i) Consent to receive communications from Foody Making in electronic form; and (ii) Agree that all terms, agreements, notices, disclosures, and other communications that Foody Making provides electronically fulfill any legal requirements that such communications be in writing. This provision does not affect any of your statutory rights.

11. REMEDIES

VIOLATIONS. If Foody Making becomes aware of any potential violations of this Agreement by you, Foody Making reserves the right to investigate such violations. If Foody Making determines that criminal activity may have occurred, it reserves the right to refer the matter to, and cooperate with, applicable legal authorities. Foody Making has the right, to the extent permitted by law, to disclose any information or materials on the Platform, including Your Content, that are in its possession in connection with your use of the Platform. Such disclosures may be made to: (a) Comply with applicable laws, legal processes, or governmental requests; (b) Enforce the Agreement; (c) Respond to claims that Your Content violates the rights of third parties; (d) Respond to your requests for customer service; or (e) Protect the rights, property, or personal safety of Foody Making, its Users and Registered Users, the public, or government officials, as deemed necessary or appropriate by Foody Making in its sole discretion.
BREACH. If Foody Making determines, at its sole discretion, that you have breached any part of this Agreement or engaged in conduct deemed inappropriate for the Platform, Foody Making reserves the right to take the following actions: Delete any of Your Content submitted by you or your agent(s) to the Platform. Issue a warning via email to the address you provided, notifying you of the violation of this Agreement. Terminate your registration with the Platform. Revoke your access to the Platform. Notify, provide Content to, and/or fully cooperate with the appropriate law enforcement authorities for further action. Pursue any other action that Foody Making deems necessary or appropriate. These measures may be taken individually or in combination based on the severity of the breach or violation.

12. INDEMNIFICATION. You agree to indemnify and hold harmless Foody Making, its parent companies, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (collectively, the “Foody Parties”) from any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) Your use of, or inability to use, the Platform or any Recipe Content; (b) Your violation of this Agreement; (c) Your violation of any rights of another party, including other Users; and (d) Your violation of any applicable laws, rules, or regulations. Foody Making reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. Should this occur, you agree to fully cooperate with Foody Making in asserting any available defenses. This indemnification provision does not require you to indemnify the Foody Parties for any unconscionable commercial practices, fraud, deception, false promises, misrepresentations, or concealment, suppression, or omission of material facts committed by the Foody Parties in connection with the Platform. The obligations in this section will survive any termination of your Account, this Agreement, or your access to the Platform.

13. DISCLAIMER OF WARRANTIES AND CONDITIONS

Foody Making does not create or provide Recipe Content and bears no responsibility or liability for the acts, omissions, or Recipe Content shared by any Creator on the Platform. Creators are solely responsible for the Recipe Content and any other information they make available on the Platform. YOU AGREE THAT FOODY MAKING HAS NO RESPONSIBILITY OR LIABILITY TO YOU FOR ANY RECIPE CONTENT EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT. ALL RECIPE CONTENT IS CREATED AND PROVIDED BY CREATORS, NOT BY FOODY MAKING.
AS IS YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE PLATFORM AND THE RECIPE CONTENT IS AT YOUR SOLE RISK. THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. FOODY MAKING AND THE FOODY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARISING FROM YOUR USE OF THE PLATFORM.

FOODY MAKING AND THE FOODY PARTIES MAKE NO WARRANTY, REPRESENTATION, OR CONDITION THAT:
1. THE PLATFORM OR RECIPE CONTENT WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS;
2. THE INFORMATION, CONTENT, AND DATA ON THE PLATFORM WILL BE ACCURATE, COMPLETE, OR CURRENT;
3. YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
4. ANY ERRORS ON THE PLATFORM WILL BE CORRECTED;
5. YOUR USE OF THE PLATFORM WILL NOT EXPOSE YOUR HARDWARE OR NETWORKS TO ADDITIONAL SECURITY RISKS; OR
6. THE PLATFORM WILL BE COMPATIBLE WITH YOUR DEVICES.
ANY CONTENT, INCLUDING RECIPE CONTENT, ACCESSED THROUGH THE PLATFORM IS DONE AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING BUT NOT LIMITED TO YOUR COMPUTER SYSTEM, DEVICES USED TO ACCESS THE PLATFORM, PERSONAL PROPERTY, OR ANY OTHER LOSS RESULTING FROM ACCESSING SUCH CONTENT.

THE PLATFORM MAY BE SUBJECT TO DELAYS, CANCELLATIONS, OR OTHER DISRUPTIONS. FOODY MAKING MAKES NO WARRANTY, REPRESENTATION, OR CONDITION ABOUT THE PLATFORM, INCLUDING BUT NOT LIMITED TO ITS QUALITY, EFFECTIVENESS, REPUTATION, OR OTHER CHARACTERISTICS.
FOOD PREPARATION AND ALLERGENS. YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS ASSOCIATED WITH, THE SAFE AND PROPER HANDLING, WASHING, PREPARATION, STORAGE, COOKING, USE, AND CONSUMPTION OF ANY FOOD PREPARED USING THE RECIPE CONTENT PROVIDED BY CREATORS ON THE PLATFORM. The U.S. Food and Drug Administration identifies the eight major allergens as wheat, eggs, soy, milk, tree nuts, peanuts, fish, and shellfish. YOU UNDERSTAND AND ACCEPT THAT RECIPE CONTENT MAY CONTAIN SOME OR ALL OF THESE EIGHT MAJOR ALLERGENS. It is your responsibility to be aware of any food allergies you may have and to verify the Recipe Content and any associated ingredients before handling, preparing, using, or consuming food in connection with the Recipe Content. Foody Making does not represent or warrant that the nutrition facts, allergen information, or other details provided in Recipe Content are accurate or complete, as this information is supplied directly by the Creator. You should independently verify all information before use.
NO LIABILITY FOR CONDUCT OF THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE THAT THE FOODY PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE FOODY PARTIES LIABLE, FOR THE ACTIONS, OMISSIONS, OR CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE PLATFORM OR OPERATORS OF EXTERNAL SITES. THE RISK OF ANY INJURY, LOSS, OR DAMAGE ARISING FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.

14. LIMITATION OF LIABILITY; INSURANCE

DISCLAIMER OF CERTAIN DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FOODY PARTIES SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE, OR FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES OR COSTS RESULTING FROM LOSS OF DATA, PRODUCTION, USE, BUSINESS INTERRUPTION, OR THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, EVEN IF FOODY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOODY PARTIES DO NOT GUARANTEE THE QUALITY OR SUITABILITY OF ANY RECIPE CONTENT PROVIDED ON THE PLATFORM. EACH USER AGREES THAT THE ENTIRE RISK ARISING OUT OF THEIR USE OF THE PLATFORM AND RECIPE CONTENT REMAINS SOLELY WITH THEM, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. FOODY SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY, OR DAMAGE ARISING FROM OR IN CONNECTION WITH THE PLATFORM OR ANY RECIPE CONTENT.
CAP ON LIABILITY. UNDER NO CIRCUMSTANCES SHALL FOODY PARTIES BE LIABLE TO YOU FOR AN AMOUNT GREATER THAN THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO FOODY IN THE ONE-MONTH PERIOD IMMEDIATELY PRIOR TO THE ACT, OMISSION, OR OCCURRENCE THAT GAVE RISE TO SUCH LIABILITY; OR (B) ONE HUNDRED DOLLARS ($100). THE LAWS OF SOME STATES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE LIMITATIONS IN THIS SECTION MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.
BASIS OF THE BARGAIN. The limitations of damages outlined above are fundamental elements of the agreement between Foody and you. These limitations are essential to the allocation of risk and form a critical basis of the bargain. Notwithstanding the foregoing, the limitations and disclaimers in this section are not intended to limit liability or alter your rights as a consumer in ways that cannot be excluded or modified under applicable law.

15. RELEASE. You hereby release the Foody Parties from any and all claims, demands, losses, damages, rights, and actions of any kind, including but not limited to personal injuries, death, and property damage, that arise directly or indirectly from your use of the Platform or Recipe Content. This includes any interactions with or conduct of other Users of the Platform or third-party websites arising in connection with this Agreement or your use of the Platform. If you are a Customer and have a dispute regarding the Platform or any Recipe Content, you may address the dispute with Foody. However, the Creator retains sole responsibility for issues arising from the Recipe Content they provide. You, as a Customer, agree to release the Foody Parties from any losses, damages, rights, or actions, including but not limited to personal injuries, death, and property damage, that are directly or indirectly related to or connected with such disputes or your dealings with Creators. CALIFORNIA RESIDENTS If you are a California resident, you waive California Civil Code Section 1542, which states: "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 waiver allows for a complete release of claims, even those not known or suspected at the time of agreeing to this release.

16. TERMINATION AND DEACTIVATION

TERMINATION OF ACCOUNT. This Agreement will remain in effect until your Account is terminated as described herein. You may delete your Account at any time and for any reason through the settings in your Account on the Platform. Foody may terminate or suspend your Account: (a) If you breach any part of this Agreement; (b) If Foody decides, at its sole discretion, to discontinue the provision of the Platform or Recipe Content; or (c) For any reason or no reason, without prior notice to you. You acknowledge that termination of this Agreement and your Account may result in the deletion of your Account information from Foody’s live databases, along with all information associated with your Account. Foody shall not be liable to you for any termination or suspension of your Account or for the deletion of any information related to your Account.
EFFECT OF TERMINATION OR DEACTIVATION. Deactivation includes the removal of your access to the Platform and the barring of further use of the Platform. Upon deactivation, your right to use the Platform will terminate immediately. Foody will not have any liability to you for any suspension, termination, or deactivation of your access to the Platform. All provisions of this Agreement that by their nature should survive termination will remain in effect. These include, but are not limited to, ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

17. INTERNATIONAL USE The Platform may be accessed from various countries and may reference services or content that are not available in your specific state or country. Such references do not imply that Foody intends to provide or announce these services or content in your state or country. The Platform is controlled and operated by Foody from its facilities within the United States of America, in locations where it chooses to operate. Foody makes no representations or warranties that the Platform is appropriate or available for use in other states or countries. If you access or use the Platform from outside the United States, you do so at your own discretion and are solely responsible for ensuring compliance with local laws and regulations.

18. ARBITRATION AGREEMENT.Please read the following arbitration agreement in this section (“Arbitration Agreement”) carefully. It requires users to arbitrate disputes with Foody Making and limits the manner in which you can seek relief from us.

APPLICABILITY OF ARBITRATION AGREEMENT. You agree that any dispute, claim, or request for relief related to your access or use of the Platform, any Recipe Content accessed through or provided to the Platform, or any aspect of your relationship with Foody will be resolved through binding arbitration rather than in court. However, the following exceptions apply: (a) You may assert claims or seek relief in small claims court if your claims qualify under the applicable rules. (b) Either you or Foody may seek equitable relief in court for issues involving infringement or misuse of intellectual property rights, such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents. This Arbitration Agreement applies to all disputes, claims, and requests for relief, including those that arose or were asserted prior to the effective date of this Agreement or any earlier version of this Agreement.
ARBITRATION RULES AND FORUM. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To initiate an arbitration proceeding, you must send a written request for arbitration, including a description of your dispute, claim, or request for relief, to our registered agent: Legalinc Corporate Services Inc., 651 N Broad ST Suite 206, Middletown, DE 19709. Arbitration will be conducted by JAMS, a reputable alternative dispute resolution provider. For disputes involving claims, counterclaims, or requests for relief under $250,000 (excluding attorneys’ fees and interest), JAMS’s Streamlined Arbitration Rules and Procedures will apply. These rules are available at http://www.jamsadr.com/rules-streamlined-arbitration/. For all other disputes, JAMS’s Comprehensive Arbitration Rules and Procedures will apply. These rules are available at http://www.jamsadr.com/rules-comprehensive-arbitration/. You can also access JAMS’s rules at www.jamsadr.com or by contacting JAMS at 800-352-5267. If JAMS is unavailable to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator determines that you cannot afford JAMS’s filing, administrative, hearing, or other fees and cannot secure a waiver from JAMS, Foody will cover these costs on your behalf. Additionally, for disputes, claims, or requests for relief totaling less than $10,000, Foody Making will reimburse all JAMS fees unless the arbitrator determines that the claims are frivolous.
ARBITRATION OPTIONS. You may choose to have the arbitration conducted in one of the following ways: By telephone, Based on written submissions, or In person at a location in the country where you reside, or at another location mutually agreed upon by both parties. Any judgment on the award rendered by the arbitrator may be entered and enforced in any court of competent jurisdiction.
AUTHORITY OF ARBITRATOR. The arbitrator shall have exclusive authority to: (a) Determine the scope and enforceability of this Arbitration Agreement. (b) Resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claims that all or part of the Arbitration Agreement is void or voidable. The arbitrator will decide the rights and liabilities, if any, of you and Foody. Arbitration proceedings will not be consolidated with other cases or joined with other parties. The arbitrator shall have the authority to: Grant motions dispositive of all or part of any claim. Award monetary damages and grant any non-monetary remedy or relief available under applicable law, the arbitral forum’s rules, and this Agreement (including the Arbitration Agreement). The arbitrator will issue a written award and a statement of decision outlining the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis as a judge in a court of law would have. The award rendered by the arbitrator is final and binding on both you and Foody Making.
WAIVER OF JURY TRIAL. YOU AND FOODY HEREBY WAIVE ANY CONSTITUTIONAL OR STATUTORY RIGHTS TO SUE IN COURT AND TO HAVE A TRIAL BEFORE A JUDGE OR JURY. Instead, you and Foody agree that all disputes, claims, or requests for relief shall be resolved through arbitration under this Arbitration Agreement, except as outlined in Section 19.1 (Applicability of Arbitration Agreement). In arbitration, an arbitrator can award the same damages and relief on an individual basis as a court, and the arbitrator is required to follow this Agreement as a court would. However, there is no judge or jury in arbitration, and the ability to appeal or review an arbitration award in court is highly limited.
WAIVER OF CLASS OR OTHER NON-INDIVIDUALIZED RELIEF. ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF COVERED BY THIS ARBITRATION AGREEMENT MUST BE RESOLVED ON AN INDIVIDUAL BASIS AND NOT AS PART OF A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MULTIPLE CUSTOMERS OR USERS CANNOT BE ARBITRATED OR CONSOLIDATED TOGETHER. If a court or arbitrator determines that applicable law prohibits enforcement of any part of this section regarding a particular dispute, claim, or request for relief, that specific aspect must be severed from arbitration and brought in the State or Federal Courts located in the State of New York. All other disputes, claims, or requests for relief will remain subject to arbitration.
30-DAY RIGHT TO OPT OUT. You have the right to opt out of this Arbitration Agreement by providing written notice of your decision within thirty (30) days of first becoming subject to the Arbitration Agreement. To opt out, send an email to support@foodymaking.com with the following information: Your name and address Your Foody username (if applicable) The email address associated with your Foody account (if you have one) A clear and unequivocal statement that you wish to opt out of this Arbitration Agreement If you choose to opt out of the Arbitration Agreement, all other parts of this Agreement will still apply to you. Opting out of this Arbitration Agreement will not affect any other arbitration agreements you may have with Foody now or in the future.
SEVERABILITY. Except as stated in Section 19.5 (Waiver of Jury Trial), if any part or parts of this Arbitration Agreement are determined to be invalid or unenforceable under applicable law, those specific parts shall have no force or effect and will be severed. The remainder of the Arbitration Agreement will remain in full force and effect.
SURVIVAL OF AGREEMENT. This Arbitration Agreement shall remain in effect and continue to apply even after your relationship with Foody has been terminated.
MODIFICATION. Notwithstanding any provision in this Agreement to the contrary, if Foody makes any future material changes to this Arbitration Agreement, you have the right to reject those changes. To do so, you must send a written notice of rejection to the following address within thirty (30) days of the changes becoming effective: Legalinc Corporate Services Inc. 651 N Broad ST Suite 206 Middletown, DE 19709 This right to reject changes applies only to material modifications of the Arbitration Agreement and does not affect any other provisions of this Agreement.

19. GENERAL PROVISIONS

ASSIGNMENT. This Agreement, along with your rights and obligations under it, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Foody’s prior written consent. Any attempt to assign, subcontract, delegate, or transfer in violation of this provision will be considered null and void. Foody, however, reserves the right to freely assign this Agreement, in whole or in part, without requiring your prior consent.
FORCE MAJEURE. Foody Making shall not be held liable for any delay or failure to perform its obligations due to causes beyond its reasonable control. These causes include, but are not limited to, acts of God, war, terrorism, riots, embargoes, actions by civil or military authorities, fire, floods, accidents, pandemics, epidemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
QUESTIONS, COMPLAINTS, OR CLAIMS. If you have any questions, concerns, or claims regarding our website or services, please contact us at: Email: support@foodymaking.com We are dedicated to resolving your issues promptly. If you feel your concerns have not been fully addressed, please notify us for additional review and resolution.
EXCLUSIVE VENUE. To the extent that this Agreement permits the parties to initiate litigation in a court, or if this Section 20.4 is found to be unenforceable for any reason, both you and Foody agree that any claims or disputes arising out of or relating to this Agreement shall be litigated exclusively in the state or federal courts located in California.
GOVERNING LAW. THIS AGREEMENT AND ANY ACTION ARISING FROM OR RELATED TO IT SHALL BE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT REGARD TO ANY PRINCIPLES THAT WOULD APPLY THE LAWS OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS SHALL NOT APPLY TO THIS AGREEMENT.
NOTICE. When Foody Making requires you to provide an email address, you are responsible for ensuring that the email address you provide is accurate and current. If the last email address you provided to Foody Making is invalid or cannot receive notices for any reason, the dispatch of an email by Foody containing such notice will still be considered effective notice under this Agreement. You may provide notice to Foody at the following address: Email: support@foodymaking.com Mailing Address: Foody Making, Inc., 450 Townsend Street, San Francisco CA 94107 USA.
WAIVER. Any waiver or failure by Foody Making to enforce any provision of this Agreement on one occasion shall not be considered a waiver of that provision or any other provision on any other occasion.
SEVERABILITY. If any portion of this Agreement is found to be invalid or unenforceable, that portion will be interpreted to reflect the original intent of the parties as closely as possible. The remaining provisions of the Agreement will continue to remain in full force and effect.
EXPORT CONTROL. You may not use, export, import, or transfer the Platform except as authorized by U.S. law, the laws of the jurisdiction where you obtained the Platform, and any other applicable laws. Specifically, but without limitation: (a) The Platform may not be exported or re-exported into any United States embargoed countries. (b) The Platform may not be exported or re-exported to anyone listed on the U.S. Treasury Department’s list of Specially Designated Nationals, the U.S. Department of Commerce’s Denied Persons List, or the Entity List. By using the Platform, you represent and warrant that: (i) You are not located in a country subject to a U.S. Government embargo or designated as a “terrorist-supporting” country by the U.S. Government. (ii) You are not listed on any U.S. Government list of prohibited or restricted parties. Additionally, you agree not to use the Platform for any purposes prohibited by U.S. law, including the development, design, manufacture, or production of missiles, nuclear, chemical, or biological weapons. You acknowledge that products, services, or technology provided by Foody are subject to U.S. export control laws and regulations. You agree to comply with these laws and regulations and to refrain from exporting, re-exporting, or transferring Foody products, services, or technology, directly or indirectly, to any country in violation of these laws without prior U.S. government authorization.
CONSUMER COMPLAINTS. In compliance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs. You can reach them by: Mail: 400 R Street, Sacramento, CA 95814 Telephone: (800) 952-5210
ENTIRE AGREEMENT. This Agreement constitutes the final, complete, and exclusive agreement between the parties concerning the subject matter addressed herein. It supersedes and replaces all prior discussions, agreements, or understandings, whether written or oral, between the parties regarding the same subject matter.