Terms and Conditions for Tasteland, LLC

I. Welcome to TASTELAND

A. This is a legally binding document (“Agreement”) between You and Tasteland, LLC (“Tasteland,” “Us,” “Our,” or “We”). Tasteland provides a social network for foodies (“Services”). You can use the Services via Our application available for download on various mobile devices (“App”). We also operate a related website at www.tasteland.com (“the Website”). While this Agreement applies primarily to the App, it shall also apply to the Website, where applicable.

B. THE APP YOU ARE DOWNLOADING IS IN BETA. IT IS STILL UNDER DEVELOPMENT AND TESTING. IT IS NOT INTENDED FOR FULL COMMERCIAL RELEASE. DOWNLOADING AND/OR USING THE APP WHILE IT IS IN BETA IS AT YOUR OWN SOLE RISK. YOU ACKNOWLEDGE THAT BY DOWNLOADING AND/OR USING THE APP THAT BETA SOFTWARE MAY CONTAIN INACCURACIES OR ERRORS WHICH MAY CAUSE FAILURES, CORRUPTION OR LOSS OF DATA, OR OTHER UNKNOWN OR UNANTICIPATED CONSEQUENCES TO YOUR DATA OR DEVICE. SOFTWARE AND OTHER SERVICES, APPLICATIONS, AND DATA ON YOUR DEVICE MAY BE AFFECTED. WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGES WHATSOEVER ARISING OUT OF, SOLELY OR IN PART, YOUR DOWNLOAD AND/OR USE OF THE APP.

II. General Terms

A. We welcome You to use the Services as a User or a Visitor. You are a Visitor if You do not have a registered account with Us. Visitors do not have login credentials and are only permitted to (1) browse the publicly available portion of the App, (2) use the App to register consistent with this Agreement, or (3) contact Us.  You are a User if You have a registered account with Us and are logged into that account. The Services offered through the App are subject to change. Besides the Services, You may access, or be offered access to, services provided by third-parties (“Third-Party Services”). This Agreement governs Your relationship with Us and Your use of the App and Services. Third-Party Services will have their own terms and privacy policy available via the Third Party.

B. If You are within the United States, this Agreement is between You and Tasteland, LLC. Your access and use of the App signifies Your intent to be bound by this Agreement. You understand that You must comply with this Agreement if You continue to use the App or access Our Services, or access Third Party Services via the App. If You do not agree to this Agreement in its entirety, You may not, and shall not, access or utilize the App other than to delete Your account, if You have one, or to contact Us. If You at some point had authorization to access App, upon Your disagreement with any part of this Agreement Your authorization is immediately and entirely revoked.

C. We may modify this Agreement at any time. If the Agreement is modified, to the extent reasonable and practicable, You will be notified via the App, email, text message, or other means. Any changes We make to this Agreement may take effect immediately. If You continue to access the App after We provide notice, Your continued access to and use of the App shall affirm Your consent and intent to be bound by the modified Agreement. You consent to receiving electronic communications or notifications regarding modifications to this Agreement by any means, including email and via text messages to Your mobile device.

1. III. Users

A. If You are a User, You agree that when You register as a User, You provide Us only with accurate and truthful information about Yourself and to keep such information updated if it changes.

B. To register, We may ask You to provide Us with Your: name, address, birthday, email address, phone number, and payment information. This information may or may not be required for registering as a user, and it is subject to Our Privacy Policy.

C. To the extent the Privacy Policy imposes any obligations on You, the Privacy Policy is incorporated by reference into this Agreement, and Your agreement to be bound by this Agreement means You also are bound by the Privacy Policy.

D. If You provide inaccurate or incomplete information, or fail to update Your information so it becomes accurate and complete, We reserve the right to terminate Your account and Your status as a User, either temporarily or permanently, with no notice or liability to You.

E. If You are a User, You must keep Your login credentials private and to not allow unauthorized access to Your User account.  You are solely responsible for all activities that occur under Your account, whether or not You know about them.

F. Users can request that their account be deleted, but it may take Us a reasonable amount of time to complete Your request. Upon receiving this request from You, We will remove Your data from Our systems: everything will be deleted except photos and anonymized information that You’ve provided Us. Email info@tasteland.com to request account removal.

G. Even if Your User account is terminated (whether by You or Us, regardless of reason) some terms in this Agreement survive and You remain bound by them.

H. IF YOU ARE A USER UNDER AGE 18:

If You are under 18, You must have permission from Your parent or legal guardian to register as a User, access the App, provide Information and Content, and take advantage of any Services. An under-18 user’s parent or legal guardian who wishes to rescind previously-provided consent should e-mail Us with information sufficient for Us to locate the exact User account, Content, or Information so We can remove it. To make any purchases through the App, You must comply with the terms of service of the Third-Party with which You are transacting. If You are 13 or older, but under the age of majority in Your jurisdiction, review these Terms with Your parent or guardian to make sure that You and Your parent or guardian understand them. Our Services are not directed at or intended for use by children and We do not knowingly collect information from minors without parental consent.

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, TASTELAND DECLINES ANY RESPONSIBILITY REGARDING ANY ACTIVITIES CONDUCTED BY A CHILD WITH OR WITHOUT THE PERMISSION OF A PARENT OR LEGAL GUARDIAN. IF YOU ARE A PARENT OR LEGAL GUARDIAN AND YOU GIVE YOUR PERMISSION FOR YOUR CHILD TO REGISTER FOR ONE OF THE SERVICES, YOU THEREBY AGREE TO THESE TERMS RELATING TO USE OF THE SERVICES BY YOUR CHILD AND ARE BOUND BY THEM.

NOTICE TO CALIFORNIA USERS UNDER THE AGE OF 18: A User residing in California under 18 years old can request and obtain removal of any Content as defined below that has been posted by that User by emailing Us at info@tasteland.com. All requests must be labeled “California Removal Request” on the email subject line. All requests must describe the content or information in Your Content You want to remove and information reasonably sufficient to permit Us to locate the Content. We accept these requests only via email. We are not responsible for notices not labeled or sent properly, or may not respond if You do not provide complete information.

Please also note that any requests for removal of accounts or content do not ensure complete or comprehensive removal of the information or content from the Service and App. For example, content You have posted may be republished or reposted by another user or third party. See the Privacy Policy if You wants to remove Your content that may have been shared by a third-party.

IV. Your Information and Content

A. Information and Content Definitions

1. 1. 1. Together, Information and Content mean all the data, in whatever form or format, that You, directly or indirectly, provide to Us.
      2. Information could includes Your full name, age, geographical and location information, email address(es), phone number(s), other contact information, preferences, and data from the device on which You are accessing the App or Service.
      3. Content includes images, photographs, video recordings, audio-video recordings, video and audio streams, graphics, text, and any other media You share or upload via the App or Service.

B. The App allows Visitors and Users to capture Information and Content and share it with Us, other Users or Visitors, or with the public and Third-Parties.

C. In Your use of the App, Your Information and Content may be accessed, viewed, or processed by Us and Our agents, employees, representatives, assigns, successors, licensees and contractors, and Third Parties, and You consent to this. This is necessary for Us to:

1. 1. 1. Provide and maintain the App and Service;
      2. Make improvements and updates to the App and Service;
      3. Analyze and monitor usage of the App and Service;
      4. Fulfil advertising and marketing objective, and
      5. Keep the App and Service secure.

D. To register as a User, You must be over the age of 13 and legally allowed to access the Services in Your jurisdiction (including having Your parent/guardian permission, if required); You may also be asked to provide:

1. 1. 1. First and Last Name
      2. Age
      3. City/Zip Code
      4. Email Address
      5. User Name
      6. User Image

Not all of the above items are required in order to register as a User.

E. To use the App, You must allow the App to access the camera and photo library on Your device, Your contacts; and Your location (both coarse and fine). You may be asked to allow the App to access other features in order function and/or provide the Service.

F. The Privacy Policy more describes what Information and Content We obtain, and how We use Your Information and Content.

V. Rights Granted to Us.

A. We do not claim ownership of Your content, but You grant Us a license to use it. When You share Content, You hereby grant to Us, Our affiliates, licensees and sublicensees, agents, and contractors, without compensation to You, in the broadest possible terms, a non-exclusive, irrevocable, fully transferable, royalty-free, paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, host, reproduce, process, adapt, publicly perform, publicly display, distribute, modify, prepare derivative works, publish, remix, revise, repurpose, reimagine, transform, transmit and distribute Your Content, or any portion thereof, throughout the world in any format, media or distribution method whether now known or hereafter created in perpetuity. Such permission is perpetual and may not be revoked to the maximum extent permitted by law. Further, to the extent permitted under law, You waive and release and covenant not to assert any moral rights that You may have in Your Content. You further agree that We may use Your Content as We deem appropriate or necessary at Our sole discretion, including in marketing, promotional, or advertising material. You can end this license anytime by deleting Your Content or account. However, Content will continue to appear if You shared it with others and they have not deleted it.

B. You further consent to and authorize the use of any Content that includes personally identifiable elements such as Your likeness, physical location, voice, personal characteristics, likes and follows, biographic information, and location for any purpose in providing the Service, including in connection with marketing and advertising activity.

C. You authorize Us to contact You through any means of Information You provide to Us for purposes related to the Service and App.

D. We acknowledge and agree that You, or Your heirs, beneficiaries, assigns, or licensors retain ownership of any copyrights in Your Content, subject to the non-exclusive rights granted to Us above, and that no ownership of such copyrights is transferred to Us under this Agreement.

E. By providing Your Content to Us, You represent and warrant You have all necessary rights, licenses or other permissions to do so. You accept full responsibility for the Content You provide.

II. Rights We Grant to You

A. All intellectual property in or related to the App or Service (specifically including, but not limited to, Our copyrights, trademarks, trade dress, trade secrets, software, source code, graphics, logos, interface, and material), other than Your Content or content that is the property of a third party, is Our Content.

B. You are granted a limited, non-exclusive license to use and access Our Content with Your use of the App and Service, so long as that use complies with this Agreement. We may terminate this license at any time. Except for the rights and license granted in these terms, We reserve all other rights and grant no other rights or licenses, implied or otherwise.

C. You may only act consistent with this Agreement and You may not use Our Content that is outside the limited scope of the license herein. You further understand that We have certain copyright, trademark, and other rights in Our Content, which shall insure only to Our benefit. We explicitly reserve all rights and waive no rights.

III. Use of the App and Service: You only may access and use the App and Service for the purpose of which it is provided to You. You may not use the App or Service in any way that is unlawful or in violation of this Agreement. We reserve the right to terminate Your User account and ban You from the Service and App entirely with or without cause or notice and for any reason, including violating any of the terms in this Agreement.

A. You agree that:

1. 1. 1. You will comply with all applicable laws while You access the Service or use the App, and You will not use the Service or App for any unlawful or unauthorized purpose;
      2. You will not access or use the Service or App to collect Information, including usernames, demographic information, usage statistics, and Content for market research or any commercial purpose without Our express written permission;
      3. You will not misrepresent Yourself or Your identity to Us, nor will You attempt to create unauthorized accounts;
      4. You will not interfere with or attempt to interrupt the proper operation of the Service and App through any virus, device, information collection or transmission mechanism, software, or access or attempt to gain access to any data, files, or passwords related to the Service and App through hacking, password or data mining, or any other means;
      5. You will take no action that imposes or may impose (determined in Our sole discretion) an unreasonable or disproportionately large load on Our technical infrastructure;
      6. You will take no action that violates or infringes the rights of others, including without limitation patent, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;
      7. You will not upload, post, transmit, or otherwise make available any Information or Content You do not have a right to make available under the law;
      8. You will not intentionally or knowingly cause harm to the Service or App or any User, or act in a manner that is unlawful, or transmit or cause to be transmitted anything that, in Our sole discretion, violates this Agreement;
      9. You will not obtain, seek to obtain, or distribute publicly or privately any personal, private, or confidential information that either passes through Our technical infrastructure or is maintained by Us;
      10. You will not attempt to access, modify, or manipulate the code, software, or programs which underlie the App and the Service, including but not limited to by decompiling, reverse engineering, or unauthorized data gathering or extraction;
      11. You will not use an automatic or semi-automatic process to scrape or collect information from or about users, or posted content;
      12. You will take no action that violates this Agreement or any guidelines or policies posted on the Service and App; and
      13. You will take no action that otherwise interferes with the use or enjoyment of the Service and App by others.

B. No Third Party Service included or provided on the App is not and should not be construed as an endorsement of that party or its services. We are not responsible for the content of Third Party Service providers and make no representations or warranties regarding their content, accuracy of materials, or services.  You agree that, to the fullest extent permissible under applicable law, We are not, and shall not be, responsible or liable for any loss or damage of any sort incurred as the result of any such inclusion or Your dealings with the Third Party Service provider.

C. If We have terminated Your account, You may not create a new account to obtain access to the Services without Our express permission. 

IV. DISCLAIMERS AND LIMITS OF LIABILITY:

THIS SECTION LIMITS OUR LIABILITY. PLEASE READ THIS SECTION CAREFULLY AND MAKE SURE YOU UNDERSTAND IT.

A. FOR PURPOSES OF THIS SECTION VIII, “TASTELAND” MEANS US AND ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS, PROVIDERS, AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ASSIGNS, AND REPRESENTATIVES OF EACH OF THEM. EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW:

1. 1. 1. TASTELAND PROVIDES YOU ACCESS TO THE SERVICE AND APP ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WHATSOEVER. WITHOUT LIMITING THE FOREGOING, TASTELAND EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE. TASTELAND MAKES NO GUARANTY OR ASSURANCE THAT THE SERVICE AND APP WILL BE AVAILABLE FOR USE, OR THAT ALL FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED.
      2. TASTELAND MAKES NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIMS ALL LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, RELATED TO YOUR USE OF THE SERVICE AND APP, INCLUDING THE QUALITY, SAFETY, OR ACCURACY OF ANY INFORMATION YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SERVICE AND APP.
      3. YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, TASTELAND WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY WHATSOEVER. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT TASTELAND SPECIFICALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF TASTELAND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF AND IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICE AND APP. YOUR USE OF THE SERVICE AND APP, PRODUCTS, INFORMATION, OR CONTENT IS ENTIRELY AND WITHOUT LIMITATION AT YOUR OWN SOLE RISK.

V. INDEMNIFICATION: You agree to indemnify, defend (at Our request), and hold Tasteland and its directors, officers, employees, consultants, agents, principles, assigns, contractors, and other representatives, harmless against any claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from: (a) Your breach of any part of this agreement, including the Privacy Policy; (b) any allegation that any materials You submit to Us or transmit to on the Service and App infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party; (c) Your activities with the Service and App; and/or (d) Your intentional, negligent, or willful misconduct or tortious act or omission.

VI. Communications: By submitting Your e-mail address, You consent to receiving emails from Us or Our agents, employees, assigns, and representatives. By submitting Your phone number, You are electing to, and agree to, receive communications from Us including via text messages and push notifications to Your device. These communications include, for example, updates about new and existing features on the Service and App and updates to these Terms. These communications may be delivered by a third party. Standard text message charges applied by Your telephone carrier may apply to text messages We send. You can always opt-out of certain communications by contacting Us.

VII. Cookie Policy.

A. A browser cookie is a small piece of data stored on Your device to help websites and mobile apps remember things about You. Other technologies, including Web storage and identifiers associated with Your device, may be used for similar purposes. We use “cookies” to mean these technologies.

B. Our Privacy Policy explains how We collect and use information from and about You when You use the Service and App. This policy explains more about how We use cookies and Your related choices.

C. We use cookies for several reasons, including:

1. 1. 1. Maintain Your settings and preferences;
      2. Identifying users and account maintenance;
      3. Keeping the Service and App secure;
      4. Personalizing Your experience and interaction with the Service and App;
      5. Improving the Service and App and Services; and
      6. Measuring and analyzing how the Service and App and Service is used;

D. Your browser or device may allow You to block or otherwise limit cookies. You can do this, but Your experience on the Service and App may be limited and the information You receive the Service may be inaccurate or incomplete.

VIII. Notice for California Users. Under California Civil Code Section 1789.3, California users of the Service and App may have the following specific consumer rights notice: The services are provided by Tasteland, LLC. If You have a question or complaint regarding the Service and App, contact Us at info@tasteland.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs which may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

IX. Additional provisions:

A. Controlling Law and Jurisdiction. This agreement will be interpreted under the laws of the State of New York and the United States of America, without regard to their conflict-of-law provisions.

B. Assignments. No terms, nor any right, obligation, or remedy is assignable, transferable, delegable, or sublicensable by You except with Our prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be void. We may assign, transfer, or delegate this Agreement or any right or obligation or remedy in its sole discretion.

D. Waiver. Our failure to assert a right or provision under this Agreement will not constitute a waiver of such right or provision.

E. Local Regulations: We make no representation that the Service or App are available for use or permitted by law in any particular location. To the extent You access the Service and App or engage in any Services, You do so at Your own risk and are responsible for compliance with any laws, including but not limited to local laws.

F. Further Assurances. You agree to execute a hard copy of this Agreement and any other documents, and take any actions at Our expense that We may request to confirm and effect the intent of this Agreement and any of Your rights or obligations under this Agreement.

G. Entire Agreement/Severability. This Agreement supersedes all prior terms, agreements, discussions and writings regarding the Service and App and Services and constitutes the entire agreement between You and Us regarding the Service and App. If any part of this Agreement is unenforceable, then that part will not affect the enforceability of the remaining parts of the Agreement, which will remain in full force and effect.

H. Survival: these provisions will survive expiration or termination of this Agreement: V, VII, VIII, and IX.

X. Our Contact Information is: info@tasteland.com

Last modified as of December 17, 2019.