Join or Log In Latest Food, Health & Recipes

Terms of Use

The Terms of Use Agreement is effective as of September 6, 2008.

Welcome to Flavor Hub, a vibrant community created by food enthusiasts for food enthusiasts. The Flavor Hub service and community are owned and operated by Flavor Hub, Inc. ("us," "we," or "our"). By accessing or using our website at www.flavorhub.com or the mobile version of our site (collectively the "Website"),you acknowledge you have read and agree to be bound by this Terms of Use Agreement and any additional guidelines, rules and conditions referenced herein (collectively the "Agreement").

Our Website provides a forum to develop and maintain social connections through varying degrees of interest in food by viewing, sharing, recommending, discussing, competing and commenting on food content generated by other online and mobile users (collectively the "Services"). For purposes of this Agreement, the term Services shall include our Mobile Services (as defined below). You may only use the Services if you agree to abide by all applicable laws and to this Agreement. Please refrain from accessing the Website or using the Services if you do not agree with the terms of this Agreement.

This Agreement describes your rights, obligations and restrictions in connection with your use of the Services. All additional terms and conditions applicable to your use of certain features in the Website are hereby incorporated into this Agreement.

PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, OBLIGATIONS AND REMEDIES. THESE INCLUDE CERTAIN EXCLUSIONS AND LIMITATIONS.

Eligibility

You must be 18 years of age, or the legal age to form a binding contract in your jurisdiction if the legal age is greater than 18, to join our community, access the Website and use the Services. If you are under the age of 18 or the legal age in your jurisdiction, you may only access the Website or use the Services under the supervision of a parent or guardian who has agreed to the terms and provisions of this Agreement. In order to access the Website or use the Services, you must be age thirteen (13) or above in accordance with the Child Online Privacy Protection Act (COPPA). Use of the Services and Website, including registering a membership, is void were prohibited by law and you may not access the Website in those jurisdictions. By accessing the Website and using the Services, you represent and warrant, to the best of your knowledge, that: (a) the information you use to register is accurate and complete; (b) you will maintain the accuracy of the information you provide; (c) you are thirteen (13) or above in age; (d) you have the right, authority, and capacity to enter into this binding Agreement; and (e) your access or use of the Website or Services does not violate any applicable law or regulation. We administer the Website in the United States and it is intended for only users in the United States. If you access the Website or use the Services outside of the United States, you do so at your own risk and are solely responsible for compliance with any applicable local laws or regulations.

Modifications or Changes to this Agreement

We may modify this Agreement from time to time. Modifications to this Agreement will be effective upon posting on the Website and notification sent to each registered member. Thereafter, you agree to be bound by any modifications to the Agreement by accessing the Website and using the Services after we post a modified Agreement. It is your responsibility to regularly monitor this Agreement for modifications. If you disagree with any modifications, please refrain from accessing the Website and using the Services.

Term

This Agreement will remain in full force in effect so long as you access the Website or use the Services. We may terminate this Agreement and your access to this Website at any time at our sole discretion. The following sections of this Agreement shall survive termination: "Third Party Content," "Privacy," "Ownership," "Disclaimers," "External Links Disclaimer," "Indemnification," "Governing Law," "Arbitration," and "Miscellaneous."

Registration and Passwords

To access certain features of our community, you must register and create a member profile. To register, you must provide your first name, the first initial of your last name, an active email address and current geographic location. You will then create a unique user name, which will act as your identification within the community, along with a password that will grant you access to your personal pages within the community. You agree to provide accurate, complete and updated information. Your profile may not contain: (a) full surnames, (b) personal addresses, (c) personal telephone numbers and (d) content that contains nudity, or is lewd, lascivious, excessively violent, sexually explicit, or otherwise objectionable. You may not: (a) provide or use a false name or email address or a name or email address that does not belong to you with the intent to impersonate any person other than yourself, or (b) use a user name subject to rights belonging to another party without that party's authorization. It is your responsibility to maintain the confidentiality of your password. Please do not disclose your password to any third party. You are fully responsible for any comments or actions originating from your user name and account. You agree to notify us: (a) if you suspect unauthorized or inappropriate use of your user name, or (b) if you suspect your password is no longer confidential. At the end of each session, you also agree to logout and close your Internet browser to prevent unauthorized access to your profile and user name. We reserve the right to deny registration or cancel your membership at our sole discretion.

Access to Website and Use of Services

You may access the Website to find information about food related news, businesses and events. You may solicit or provide culinary information in the form of text, audio, video, graphics, photographs, discussions and any other works of authorship provided it is for personal use (collectively "Content"). Registered members may also invite friends to join the community. However, you may not use the Website or Services for any commercial endeavors, or any other unauthorized purpose, without our prior written consent.

Third Party Content

You understand the Website will contain Content provided by third parties. We do not control the Content posted by third parties; therefore, by using and accessing the Services and Website, respectively, you agree we are not responsible for the accuracy, completeness or timeliness of the third party Content. You agree that access to the Website or use of the Services may expose you to obscene, explicit, and otherwise offensive third-party Content. Nevertheless, you agree that we are not responsible or liable for any damage or injury you may suffer from exposure to such Content. Additionally, you understand that the Website may contain third party links to websites that do not share common ownership, control or affiliation with us. You agree we are not responsible for the content found on these third party websites. We do not authorize, endorse or adopt any of the ideas or propositions found on third party websites. You will bear full responsibility for any reliance upon the Content found on third party websites.

Restrictions on Use

You agree you will not do or allow a third party to do the following:

• Change, translate, or reverse engineer any portion of the Website or Services;
• Remove any copyright, trademark, or other proprietary rights notice from the Website or Services;
• Access, retrieve, or index any part of the Website or Services with any robot, spider, search and retrieval application, or any other similarly functioned device or process;
• Access, retrieve or index any part of the Website and Services to create a searchable database of recipes, discussions, news, lists, reviews, or stories relating to culinary topics;
• Collect user information unless for the purpose of sharing authorized Content;
• Format or frame any of the Website pages;
• Create an automated list of false user names;
• Create user names with fraudulent information;
• Generate and send unsolicited, unauthorized electronic communications such as "spam" to users;
• Interfere or disrupt any user's use and enjoyment of the Website or Services;
• Send any viruses, worms, defects, bugs, Trojan horses or other items that could destroy, debilitate or hinder the use and enjoyment of the Website or Services;
• Use the Website or Services to break any computer network's security, obtain passwords without authorization or compromise the integrity of any other security protocols;
• Use the Website or Services to obtain, deliver or provide illegal material;
• Copy or store Website Content for purposes other than personal use such as unauthorized commercial use;
• Interfere, disrupt or attempt to interfere or disrupt the routine functions of the Website or Services;
• Overtax or potentially overtax, based on our sole discretion, our technology infrastructure;
• Sell or offer to sell your profile;
• Use the Website or Services, to violate any applicable local, state, national or international law whether intentional or unintentional;
• Collect or store personal data about other users in connection with the prohibited activities described in this paragraph; or
• Collect or attempt to collect personal information from any minor that is under the age of eighteen (18).

Rules Governing the Posting of Content

You are solely responsible for the Content and other works of authorship you display or post on the Website and make available to other users. You may not display, distribute, reproduce, or post, in any way, copyrighted, trademarked, or otherwise proprietary materials or Content on the Website unless you obtain the required license or consent from the owner of such materials or Content. You may not infringe, misappropriate, or otherwise violate any copyright, trademark, patent, right of publicity, privacy, or other proprietary rights by posting, publishing, reproducing or displaying such protected Content on the Website. You may not attribute or imply any Content or materials you post, display or otherwise make available as endorsed by us. You may not post Content or materials that promote, encourage or adopt any illegal activity.

You understand that we may refuse to post Content or remove any Content you post if, in our sole discretion, such Content violates this Agreement or may be, in our opinion, offensive, illegal or threatening. Additionally, we reserve the right to suspend or terminate your membership if, in our sole discretion, you or the Content you pose is threatening and potentially harmful to other users. You agree we may, but are under no obligation to, monitor the Content posted on the Website. You agree to only provide accurate, complete and truthful information to the best of your knowledge and will not intentionally or negligently provide false or misleading information on the Website or to any other user.

Proprietary Rights of Posted Content

We do not claim any ownership interest in the Content you post on the Website. By displaying and posting the Content on the Website, you agree to grant us a worldwide license to use, promote, copy, publicly perform, publicly display, digitally perform, reproduce, prepare derivative works of, incorporate, and distribute such Content on the Website, in the Services and in the our business (or the business of our successor).The license you grant to us with respect to the Content you display and post is non-exclusive (you may license to other parties), fully paid and royalty-free (we are not obligated to pay a fee for the license), transferable (we may assign the rights to our successor), perpetual and irrevocable (the license may not be revoked) and sub-licensable (we may license to affiliates or independent contractors to display the Content on the Website), and worldwide. It is your sole responsibility at your sole cost and expense to maintain backup copies and replace any Content you post to the Website. We grant you a limited, non-exclusive, non-sublicensable, revocable license to copy and view on your computer works of authorship and other Content we own on the Website solely for your personal use.

By posting Content on the Website, you represent and warrant: (a) you own the rights to the Content and have the right to license the Content, and (b) granting the license does not violate any copyright, trademark, patent, privacy, rights of publicity or any other proprietary rights belonging to any other party. You agree to pay any fee, royalty, or penalty to any other party that has rights to the Content.

Prohibited Content and Activities

The following is a partial list of the kind of Content that you may not post on the Website. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending Content from the Website and terminating the use of the Website by such violators. Prohibited Content includes, but is not limited to Content that, in our sole discretion:

• Is obscene, patently offensive, abusive or threatening;
• Promotes racism, bigotry, hatred, discrimination or physical harm of any kind against any group or individual;
• Promotes illegal behavior including furthering or aiding the commission of a crime;
• Instructs how to perform illegal activities including, but not limited to, making and buying illegal weapons, designing computer viruses or invading someone's privacy;
• Harasses or advocates harassment of another person;
• Exploits people in a sexual or violent manner;
• Contains nudity, violence, or other offensive subject matter including links to an adult website;
• Solicits personal information from anyone under the age of eighteen (18);
• Provides any telephone numbers, street addresses, surnames, URLs, email addresses or any other information that is personally-identifiable;
• Promotes defamation, libel, or any other information that you know is false or misleading;
• Promotes and provides access to illegal and unauthorized copies of copyrighted material including pirated computer programs or providing information to circumvent manufacture-installed anti-piracy technology;
• Involves the delivery of unsolicited mass mailing or messaging such as "spam" and other "junk mail";
• Contains unauthorized access into restricted or password-only pages or images;
• Solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
• Involves unauthorized commercial activities such as contests, sweepstakes, barter, advertising, or pyramid schemes;
• Posts unauthorized photographs, video, audio, graphics, or other format;
• Uses salacious material and other unfair, misleading or deceptive Content intended to draw traffic to a profile; or
• Covers or blocks the banner advertisements on any Website page.

Mobile Services

Some of our services may be available to your mobile device including: (a) the ability to post Content with your mobile device ("Mobile Posts"), (b) the ability to browse the Website on your mobile device ("Mobile Browsing"), (c) the ability to access Content relevant to your geographic location ("Location Based Content"), and (d) the ability to communicate with other users with your mobile device ("Mobile Messaging") (collectively the "Mobile Services"). In order to receive Location Based Content on your mobile device, you must agree to send your geographic coordinates to our database. We store this information solely to deliver information relevant to your then current location. Please be aware that although we will protect this information, no security measures are perfect or guaranteed. We cannot guarantee that this information will not become accessible to any third parties. You have the option to decline to send your geographic location. However, if you decline to send this information, we will not be able to deliver Content relevant to your location.

We do not charge for these Mobile Services. However, the normal fees and rates associated with your mobile device's data, minutes and messaging plans still apply. Furthermore, some mobile carriers prohibit downloading software and applications that may be required to use our Mobile Services. You should check with your carrier to see if any restrictions and additional fees or charges may apply to your use of the Mobile Services. By using our Mobile Services, you acknowledge and agree that we may communicate through SMS, MMS and text messaging or other electronic means with your mobile device and that we may collect some information related to your usage of our Mobile Services.

Copyright Policy

You may not post, modify, distribute, or reproduce in any way any copyrighted, trademarked or other proprietary material belonging to others without obtaining the prior written consent of the owner of such proprietary rights. We have adopted the following policy in accordance with the Digital Millennium Copyright Act or DMCA.

Policy Statement. It is our policy to: (a) deny access to or remove material that we believe in good faith to be copyrighted material that our advertisers, affiliates, Content providers, and users illegally copied or distributed, and (b) to terminate user privileges of any user who repeatedly infringes the copyright protection of others upon receipt of proper notification by us from the copyright owner or the copyright owner's legal agent.

How to Report a Potential Infringement. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our Copyright Agent a written notification with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description identifying the copyrighted material; (c) a description of the allegedly infringing material with enough detail so we can locate where the material is on the Website; (d) your address, telephone number, and email address; (e) a written statement by 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 above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Response to a Bona-Fide Infringement Notice. We will evaluate all infringement notifications received at the Copyright Agent's Address listed below. Once we receive and verify an Infringement Notice, it is our policy to: (a) remove or block access to the infringing Content or materials; (b) notify the party that posted the infringing Content or materials of the removal or blocked access; and (c) terminate the membership of any member repeatedly infringing others' copyright protection.

How to Counter an Infringement Notice. If you believe Content or material that you posted on the Website that has been removed or blocked as a result of an Infringement Notice is either: (a) not copyright protected, or (b) you have the right to post the Content or material from the copyright owner, the copyright owner's legal agent, or by applicable law; then you may file a written Counter Notice to the Copyright Agent that must contain: (i) an electronic or physical signature by the party issuing the Counter Notice and claiming the non-infringing use of the removed or blocked material, (ii) a written statement by the party that contests the removal or disabling of the infringing Content or material that attests to having a good faith belief that the removal or blocking of the Content or material was either a mistake or due to misidentification; and (iii) the name, address, telephone number and email address of the party issuing the Counter Notice and claiming non-infringement along with a statement consenting to the jurisdiction of the Federal Court for the judicial district in which the party claiming non-infringement resides. If the party's address is outside of the United States, the party claiming non-infringement must consent to service of process by the party claiming the posted Content or materials are infringing. Once we receive a Counter Notice, we will notify the party that sent the copyright infringement notice within 10 business days and provide a copy of the Counter Notice. We may repost or enable access to the Content or materials within 10 to 14 business days unless the party claiming infringement files a court order against the party claiming non-infringement to halt the allegedly infringing activity on the Website.

Copyright Management Information. We will not interfere with any copyright owner's standard copyright management technologies.

Copyright Agent's Address. Our Copyright Agent for notice of claims of copyright infringement can be reached as follows: copyright@flavorhub.com.

Transactions and Disputes Between Users

We are not responsible or liable for any activity or dispute that may arise from any correspondence, interaction or transaction, commercial or otherwise, you may enter with any other User or third party through the Website. You are solely responsible for any such correspondence, interaction or transaction or any subsequent dispute you have with any other User or third party while using the Services through the Website. You hereby release us from all liability from any claims that may arise from such correspondence, interaction or transaction, commercial or otherwise.

From time to time you may share recipes, cooking tips or other food or dietary information with other Users or third parties through the Website. We do not endorse the quality, safety or accuracy of this information. Your use, adherence to or consumption of such recipes, tips or other food or dietary information is done at your own risk. You agree we shall not be responsible or liable for any claims that may arise from your use, adherence to or consumption of such recipes, tips or other food or dietary information.

Privacy

Use of the Website and Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference. By accessing our Website and using the Services, you consent to having personal information transferred to and processed in the United States. Please see our Privacy Policy for more information about how we collect and maintain your information.

Ownership

The Website and Services (including, but not limited to, text, photographs, graphics, video and audio Content) are protected by copyright as collective works or compilations under the copyright laws of the United States and other countries. Copyright protection also covers the individual articles, Content and other materials contained in the Website and Services. We own all aspects of the Website and Services including all copyrights, trademarks, and other proprietary material, with the exception of Content submitted by members. You are prohibited from modifying, reproducing, distributing, creating derivative works of, publicly displaying, or exploiting in any other manner, any Content, software, or other material on the Website or Services unless expressly provided and authorized by us. Our providers and us do not grant you any express or implied rights, except for what has been provided expressly in this Agreement. We retain all rights not expressly granted in this Agreement.

Disclaimers

THE WEBSITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. FLAVOR HUB, INC. AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO THE OPERATION OF THE WEBSITE, SERVICES OR SOFTWARE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE OR IN ASSOCIATION WITH THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FLAVOR HUB, INC. AND ITS LICENSORS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FLAVOR HUB, INC. AND ITS LICENSORS AND AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE WEBSITE. IF YOU RESIDE IN A JURISDICTION THAT RESTRICTS LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, PORTIONS OF THE INFORMATION ABOVE MAY NOT BE APPLICABLE. FLAVOR HUB, INC. IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OF THE WEBSITE. NO WARRANTY SHALL BE CREATED FROM ANY INFORMATION A USER MAY OBTAIN FROM THE WEBSITE OR SERVICES UNLESS EXPRESSLY STATED IN THIS AGREEMENT.

Flavor Hub, Inc. makes no warranty that the Website or Services are available at any particular location or time. Furthermore, Flavor Hub, Inc. makes no warranty that the Website or Services will be free from errors, omissions, defects, viruses, or other elements that are potentially harmful. Flavor Hub, Inc. makes no warranty that defects will be corrected or corrected in any particular time. You download and utilize information from the Website and Services at your own risk. Flavor Hub, Inc. shall not be responsible or liable for any loss or damage that may result from downloading or utilizing such information. Flavor Hub, Inc. shall not be responsible or liable for any loss or damage caused by malfunctions to computer online systems, servers or providers, telephone networks or lines, hardware, software, mobile phone equipment and other equipment including traffic due to Internet connection congestion. Flavor Hub, Inc. is not responsible or liable for any of the goods or services offered through its advertisers or any other third-parties. Under no circumstances shall Flavor Hub, Inc. be responsible for and loss or damage, including personal injury or death, resulting from using the Services, Content or material on the Website, or conduct of users whether online or offline.

External Links Disclaimer

The Website routinely contains links to external, third party websites. We do not endorse, adopt, approve, or guarantee any information, products, or services offered by these third party operated websites. Presence of a link to an external link does not mean the linked website is affiliated with or endorses the Website or Services. We do not own or operate these third party websites and are not responsible for any information, services, or products on externally linked websites. We make no warranty or endorsement to the accuracy or reliability of any information, services, or products offered on these externally-linked third party websites, nor do we offer any warranties, express, statutory, or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular use, or non-infringement.

Indemnification

You agree to indemnify and hold Flavor Hub, Inc., its parents, subsidiaries, affiliates, directors, officers and employees harmless, including attorneys' fees and costs, for any claim made by any third party due to or arising out of: (a) your access to the Website, (b) your utilization of the Services, (c) your violation of any of the terms of this Agreement, or (d) infringement of any intellectual property right by you or any other party using your user name.

Governing Law

You agree that the laws of the State of California, without regard to its conflict of laws provisions, shall govern any dispute about or involving the Website or using the Services. You agree to the exclusive personal jurisdiction and venue of the state and federal courts located in the State of California, County of Los Angeles.

Arbitration

Either you may or we may seek to resolve a dispute through arbitration in accord with the policies and procedures of the American Arbitration Association, (the "AAA"), in the State of California, County of Los Angeles. The previous sentence shall not prevent us from seeking injunctive relief in a court of competent jurisdiction.

Miscellaneous

This Agreement does not create any agency, partnership, joint venture, or employment relationship between you and Flavor Hub, Inc. You do not have any authority to bind Flavor Hub, Inc. in any respect whatsoever. You may not assign, license, or otherwise transfer the rights and obligations of this Agreement without our prior written consent. The titles of the paragraphs in this Agreement are for convenience and have no legal or contractual effect.

The terms of this Agreement, including all rules and restrictions mentioned in this Agreement, constitute the entire agreement between you and us in connection with access to the Website and use of the Services. The failure of either party to enforce any right or provision of this Agreement shall not be deemed a future waiver of such right or provision. If any term or provision of this Agreement is found to be unenforceable or invalid, the term or provision shall be limited to the minimum extent necessary so the remaining terms and provisions of this Agreement remain in full force and effect.

Contact and Violation

If you have questions or wish to report a violation of this Agreement, please contact us at: legal@flavorhub.com.