TERMS OF USE

These Terms of Use ("Terms") are a legal agreement between you and Credible, Inc. ("Credible," "us," "we," or "our") regarding your use of our website at www.chefsfeed.com (the "Website"), our ChefsFeed mobile application ("Mobile App"), and services provided by us via the Website and Mobile App (the Website, Mobile App, and services, collectively, the "Service"). Certain areas of the Website and Mobile App (and your access to or use of certain aspects of the Service) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions (collectively, "Supplemental Terms"). If there is a conflict between these Terms and the Supplemental Terms posted for a specific area of the Website, Mobile App, or Service, the Supplemental will take precedence with respect to your use of or access to that area of the Website, Mobile App, or Service.

BY USING ANY PORTION OF THE SERVICE, YOU ARE AGREEING TO BE LEGALLY BOUND BY THESE TERMS AND ANY APPLICABLE SUPPLEMENTAL TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE. If you are using the Service on behalf of your employer, you represent that you are authorized to accept these Terms on your employer’s behalf.

1. Description

   The Service is an interactive platform for food and beverage experts ("Experts") to share their favorite dishes and restaurants, learn more about food and beverage from our articles and videos, and for hungry people to find good food to eat. The Service also offers an online marketplace that allows Expert cooks, restaurants and other food and beverage event promoters ("Hosts") to offer meals or other food events ("Experiences" or "Events") to registered users of our Service who are interested in attending Experiences ("Guests"). Experts, Guests and other registered users who have an account for the Service may upload photos and comments from their dining experiences. Experts also have access to Expert-only features including posting information about or recommending dishes, drinks, and restaurants, the ability to host Experiences, and registering interest in our brand offer marketplace.

2. Eligibility

   You must be 18 years of age or older to use the Service. You represent and warrant that any profile information you submit is true and accurate and that you are 18 years of age or older and are legally competent to enter into and abide by these Terms. The Service is not intended for those under the age of 18. Use of the Service is void where prohibited.

3. Account

   You may browse the Website without creating an account, subject to these Terms. In order to use the full features of the Service, including if you wish to create or book an Experience, you must register for a Credible account. You can also take the Service with you by registering for an account and downloading our Mobile App from us or a third party distributor like the Apple App Store or Google Play ("App Distributor"). Your use of any account with an App Distributor is subject to any terms, conditions, and policies, including privacy policies, of that App Distributor.

   When registering for a Credible account, you must provide accurate and complete information and promptly update this information to keep it current. If you provide any information that is inaccurate or incomplete, or we have reason to believe that the information is inaccurate or incomplete, we may suspend or terminate your account and your use of the Service.

   You may not have more than one (1) active Credible Account. If we believe you have multiple accounts, we reserve the right to terminate any one or more of such accounts.

   You are solely responsible for: (a) maintaining the security of any logins, passwords, or other credentials that you select or that we provide to you to access your Credible account; and (b) all activities that occur through your account, whether or not you have authorized them. To protect your account from unauthorized use, do not provide your username or password to anyone else. Please notify us immediately of any unauthorized use of your account or any other breach of security by sending an email to support@chefsfeed.com.

4. License to the Service

   Subject to your compliance with these Terms, Credible grants you a personal, non-exclusive, non-assignable, non-transferable, revocable license to access and use the Service, including downloading and installing the Mobile App on the mobile device for which the Mobile App was created, for personal use only. This limited license does not include any right to modify, distribute, prepare derivative works of, or grant sublicenses to use the Mobile App. Furthermore, in order to protect the trade secrets and proprietary know-how contained in the Mobile App, you may not decompile, disassemble, or reverse engineer the Mobile App.

5. Restrictions

   You must comply with all applicable laws when using the Service. Except as may be expressly permitted by applicable law or expressly enabled by a feature of the Service, you will not, and will not permit anyone else to: (a) store, copy, modify, or distribute any of the content made available on the Service; (b) compile or collect any content available on the Service as part of a database or other work; (c) use any automated tool (e.g., robots, spiders) or manual process to monitor, store, copy, scrape, modify, distribute, or resell any content from the Service; (d) frame or otherwise incorporate the Service or any portion of the Service as part of another website or service; (e) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of the Service (including the display of third party advertising); (f) circumvent or disable any digital rights management, usage rules, or other security features of the Service; (g) use the Service in a manner that threatens the integrity, performance, or availability of the Service; (h) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Service or any content available from the Service; or (i) include any personal or identifying information about another person in your User Content (defined below) or in any communication through the Service without that person’s explicit consent.

6. Experiences

   As an Expert, you may create Experiences. To this end, you will be asked a variety of questions about the Experience to be listed, including, but not limited to, the location, capacity, menu, date, and pricing and related rules and financial terms. In order to be featured in Experiences via the Service, all Experiences must have valid physical addresses. Experiences will be made publicly available via the Website, Mobile App and Service. Guests will be able to book your Experience based upon the information provided in your Experience. You understand and agree that once a Guest requests a seat at a Host’s Experience, the price for such booking may not be altered.

   You acknowledge and agree that you are solely responsible for any Experiences you post. Accordingly, you represent and warrant that any Experience you post and the booking of, or Guest's attendance at, an Experience you post (i) will not breach any agreements you have entered into with any third parties, (ii) will be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any event or venue included in an Experience you post, including, but not limited to, zoning laws, health laws, license laws and any other applicable laws governing properties and food, and (iii) will not conflict with the rights of third parties. Please note that Credible assumes no responsibility for a Host’s compliance with any applicable laws or a Host’s failure to comply with the terms stated above.

   You understand and agree that Credible does not act as an insurer or as a contracting agent for, or representative of, you as a Host, and if a Guest requests a booking of your Experience and participates in your Experience, any agreement you enter into with such Guest is between you and the Guest and Credible is not a party thereto. Notwithstanding the foregoing, Credible serves as the limited authorized payment collection agent of the Host for the purpose of accepting, on behalf of the Host, payments from Guests of the amounts stipulated by the Host in the Host's listing for the Experience.

   Please note that Credible reserves the right, at any time and without prior notice, to remove or disable access to any Experience for any reason, including Experiences that Credible, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Website, Mobile App or Service.

   When you create an Experience, you may also choose to include certain requirements which must be met by the Guests who are eligible to request a booking of your Experience, including, but not limited to, requiring Guests to have a profile picture or verified phone number, in order to book your Experience. Any Guest wishing to book Experiences with such requirements must meet these requirements.

   If you are a Host, Credible provides you with options to control your guest list. You can make Experiences open to all Guests, first come first served, or can control your guest list by either manually approving each Guest who books an Experience or by distributing passwords that Guests must input in order to buy a ticket to your Experience. We also make certain information available to you to help you decide which Guests you choose to confirm for your Experiences. You acknowledge and agree that, as a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who are present at the Experience at your request or invitation.

   Credible has purchased an insurance coverage to protect Hosts. As with any insurance policy, additional insurance terms, limitations, and exclusions apply. We do not procure insurance for, nor are we responsible for, personal belongings left at any location by the Guests. None of the statements in this section should be interpreted as binding and are provided for quick reference only.

   Credible recommends that Hosts obtain their own appropriate insurance for their Experiences. Please review any insurance policy that you may have for your Experience carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of persons (including the Guests and any individuals the Guests invite to the Experience, if applicable) while at your Experience.

7. Bookings and Financial Terms for Hosts

   If you are a Host and a booking is requested for your Experience via the Service, the booking will automatically be accepted if room for the Experience is available unless you opted to manually approve each Guest. When a booking is requested via the Service, we will share with you (i) the first and last name of the Guest who has requested the booking, (ii) a link to the Guest’s Credible Account profile page or, when available, relevant information about the Guest, including any dietary restrictions noted by the Guest, and whether the Guest has been to any of your previous Experiences as booked through the Service, and (iii) an indication that the name that the Guest provided to Credible when the Guest registered with the Service matches the name that the Guest provided to the Integrated Service to which the Guest has linked his or her Credible Account, so that you can view such information before confirming or rejecting the booking (if you've selected that option). If you've opted to approve bookings and don't approve a Guest's request to attend by the date and time of the Experience, the Guest will be unable to attend the Experience and any amounts collected by Credible for the requested booking will be refunded to the applicable Guest’s credit card and any pre-authorization of such credit card will be released.

   When you confirm a booking requested by a Guest, Credible will send you an email, text message or message via the Mobile App confirming such booking, depending on the selections you make via the Service.

   The fees displayed in each Experience are comprised of the Experience Fees (defined below) and the Service Fees (defined below.) Where applicable, Taxes may be charged in addition to the Experience Fees and Service Fees. The Experience Fees, the Service Fees and applicable Taxes are collectively referred to in these Terms as the "Total Fees".

   The amounts due and payable by a Guest solely relating to a Host’s Experience are the "Experience Fees". Please note that it is the Host, and not Credible, that determines the Experience Fees. The Experience Fee may include a cleaning fee, at the Host’s discretion. Credible charges a fee to Guests based upon a percentage of applicable Experience Fees, which are the "Guest Fees". The Guest Fees are added to the Experience Fees to calculate the Total Fees (which will also include applicable Taxes) displayed in the applicable Experience. Credible will collect the Total Fees at the time of booking confirmation and will remit the Experience Fees (less Host Fees (if any, as defined below)) to the Host within 24 hours of when the Guest arrives at the applicable Experience.

   Each Host hereby appoints Credible as the Host’s limited payment collection agent solely for the purpose of accepting the Experience Fees from Guests.

   Each Host agrees that payment made by a Guest through the Service shall be considered the same as a payment made directly to the Host, and the Host will make the Experiences available to the Guest in the agreed-upon manner as if the Guest has received the Experience Fees. Each Host agrees that Credible may, in accordance with the cancellation policy selected by the Host and reflected in the relevant listing, (i) permit the Guest to cancel the booking and (ii) refund to the Guest that portion of the Experience Fees specified in the applicable cancellation policy. Each Host understands that Credible accepts payments from Guests as the Host’s limited payment collection agent and that Credible’s obligation to pay the Host is subject to and conditional upon successful receipt of the associated payments from Guests. Credible does not guarantee payments to Hosts for amounts that have not been successfully received by Credible from Guests. In accepting appointment as the limited authorized agent of the Host, Credible assumes no liability for any acts or omissions of the Host.

   Please note that Credible does not currently charge Hosts any fees for the creation of Experiences ("Host Fees"). However, Credible reserves the right, in its sole discretion, to charge and collect Host Fees from Hosts for the creation of Experiences. Host Fees would be deducted from the Experience Fees before remitting the Experience Fees to the Host, within 24 hours of when the Guest arrives at the applicable Experience. Please note that Credible will provide notice of any Host Fee collection via the Service prior to implementing such a Host Fee.

8. Bookings and Financial Terms for Guests

   The Hosts, not Credible, are solely responsible for honoring any confirmed bookings and making available any Experiences reserved through the Service. If you, as a Guest, choose to enter into a transaction with a Host for the booking of an Experience, you agree and understand that you will be required to enter into an agreement with the Host and you agree to accept any terms, conditions, rules and restrictions associated with such Experience imposed by the Host. You acknowledge and agree that you, and not Credible, will be responsible for performing the obligations of any such agreements, and Credible is not a party to such agreements and disclaims all liability arising from or related to any such agreements.

   Experiences will specify the Total Fees. As noted above, if the Host has reserved the right to confirm bookings, a Guest booking is not confirmed until the Host confirms the booking. If a requested booking is cancelled (i.e. not confirmed by the applicable Host), any amounts collected by Credible will be refunded to such Guest, depending on the selections the Guest makes via the Website and Mobile App, and any pre-authorization of such Guest’s credit card will be released, if applicable.

   You agree to pay Credible for the Total Fees for any booking requested in connection with your Credible Account if such requested bookings are confirmed by the applicable Host. In order to establish a booking pending the applicable Host’s confirmation of your requested booking, you understand and agree that Credible reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting ( e.g. one euro or one British pound) to verify your credit card. Once Credible receives confirmation of your booking from the applicable Host, Credible will collect the Total Fees in accordance with the terms and conditions of these Terms and the pricing terms set forth in the applicable Experience. Please note that Credible cannot control any fees that may be charged to a Guest by his or her bank related to Credible’s collection of the Total Fees, and Credible disclaims all liability in this regard.

   In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit card information either to Credible or its third party payment processor. You agree to pay Credible for any confirmed bookings made in connection with your Credible Account in accordance with these Terms by one of the methods described on the Website or Mobile App – e.g. by PayPal or credit card. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by Credible or indirectly, via a third party online payment processor or by one of the payment methods described on the Website or Mobile App. If you are directed to Credible’s third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using their services. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.

9. Service Fees

   In consideration for providing the Service, Credible collects Guest Fees from Guests and may, in the future, collect Host Fees from Hosts (collectively, "Service Fees"). Where applicable, Taxes may also be charged.

   Balances net of the Service Fees will be remitted to Hosts via PayPal, direct deposit or other payment methods described on the Website or via the Mobile App, in the Host’s currency of choice (as available by the payment processor), depending upon the selections the Host makes via the Service. Please note that for any payments by Credible in currencies other than U.S. dollars, Credible may deduct foreign currency processing costs from such payments. Except as otherwise provided herein, Service Fees are non-refundable.

10. Fees for Other Portions of the Service

    Many portions of the Service are provided to you for free, but Credible reserves the right to implement fees for any portion of the Service at any time by providing you notice. You are responsible for all fees charged by third parties to access and use the Service (e.g., charges by ISPs or mobile carriers).

11. Cancellations and Refunds

    If, as a Guest, you cancel your requested booking before the requested booking is confirmed by a Host, Credible will refund any Experience Fees collected for such requested booking within a commercially reasonable time. If, as a Guest, you wish to cancel a booking made via the Website which has been confirmed by the Service, the cancellation policy of the Host contained in the applicable Experience will apply to such cancellation.

    If a Host cancels a confirmed booking made via the Service, (i) Credible will refund the Total Fees for such booking to the applicable Guest within a commercially reasonable time of the cancellation and (ii) the Guest will receive an email or other communication from Credible containing alternative Experiences and other related information. If the Guest requests a booking from one of the alternative Experiences and the Host associated with such alternative Experience confirms the Guest’s requested booking, then the Guest agrees to pay Credible the Guest Fees relating to the confirmed booking for the alternative Experience, in accordance with these Terms. If a Host cancelled a confirmed booking and you, as a Guest, have not received an email or other communication from Credible, please contact Credible at support@chefsfeed.com.

12. Payment Processing Errors

    We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.

13. Taxes

    In order to comply with U.S. Federal tax reporting requirements, we may be required to collect social security numbers or taxpayer identification numbers on IRS Form W-9 from all Hosts hosting Experiences in the United States. You agree that you are solely responsible for determining your applicable sales tax, value added tax (VAT), goods and services tax (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income tax ("Tax") reporting and payment requirements in consultation with your tax advisors. We cannot and do not offer Tax-related advice to any users of the Service. Additionally, please note that each Host is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes on Experiences. Where applicable, or based upon request from a Host, Credible may issue a valid VAT invoice to such Host.

14. Damage to Venue of Experience

    As a Guest, you are responsible for treating the location in which the Experience is served in a respectful manner. You acknowledge and agree that, as a Guest, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to, or otherwise provide access to, the Experience. In the event that a Host claims otherwise and provides evidence of damage, including but not limited to, photographs, you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given forty eight (48) hours to respond, Credible shall, on behalf of the Host, charge the payment to the credit card on file in your Credible Account, and you and the Host expressly authorize Credible to do so. Host also authorizes Credible to charge the credit card on file in your Credible Account, or otherwise collect payment from you and pursue any avenues available to Credible in this regard, in situations in which you have been determined to have damaged any Experience Location, including, but not limited to, in relation to any payment requests made by Hosts, and in relation to any payments made by Credible to Hosts. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Experience Location to the applicable Host or to Credible (if applicable).

    Both Guests and Hosts agree to cooperate with and assist Credible in good faith, and to provide Credible with such information and take such actions as may be reasonably requested by Credible, in connection with any complaints or claims made by Members relating to Experiences or any personal or other property located at an Experience Location or with respect to any investigation undertaken by Credible or a representative of Credible regarding use or abuse of the Website, Mobile App or the Service. If you are a Guest, to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Host, at no cost to you, which process will be conducted by Credible or a third party selected by Credible, with respect to losses for which the Host is requesting payment.

    If you are a Guest, you understand and agree that Credible or a Host reserves the right, in any of their sole discretion, to make a claim under your homeowner’s, renter’s or other insurance policy related to any damage or loss that you may have caused or been responsible for to an Experience Location or any personal or other property located at an Experience Location. You agree to cooperate with and assist Credible in good faith, and to provide Credible with such information as may be reasonably requested by Credible in order to make a claim under your homeowner’s, renter’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as Credible may reasonably request to assist Credible in accomplishing the foregoing.

15. Donations

    Some Hosts may pledge to donate a portion of the funds they receive from Experiences offered via the Service to a particular cause or charity. We do not control, and do not take any responsibility or liability for, whether the Host does in fact make the donation the Host pledged to make, or whether the Host complies with any laws regarding charitable donations or cause related marketing, or whether any payment or donation is Tax deductible or the amount that may be deductible.

16. Foreign Currency

    As part of the Service, Credible provides a feature through which users may view Total Fees for various Experiences in foreign currencies. These Total Fees listed in foreign currencies are for informational purposes only. You understand and agree that any such foreign currencies are not the official Total Fees and at the time you request a booking you will be notified of the currency in which you will be charged together with the corresponding amount, should your booking be confirmed by a Host. Unless otherwise communicated to you as contemplated herein, Total Fees are payable in United States currency.

17. No Endorsement

    We do not endorse any users of our Service, Guests, Hosts, Experiences, User Content, Licensed Content or any other person, entity or third party content. In addition, although these Terms require our users to provide accurate information, we do not attempt to confirm, and do not confirm, any user's purported identity. You are responsible for determining the identity and suitability of others who you contact via the Service. We will not be responsible for any damage or harm resulting from your interactions with other users, Guests or Hosts. By using the Website, Mobile App or Service, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users, Guests or Hosts or other third parties will be limited to a claim against the particular person, entity or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Credible with respect to such actions or omissions.

18. User Content

    In connection with registration for a Credible account, users may upload or otherwise provide photos or other materials or information to the Service ("User Content"). You agree that you have not uploaded, and will not upload, User Content to the Service unless you created that content yourself, or you have permission from the copyright owner to do so.

    Communications in chat areas, forums, bulletin boards, communities, groups, or other public or common areas of the Service are not private communications. You should use caution when submitting any User Content that contains your personal information to a public or common area of the Service.

    For any User Content that you upload to the Service, you grant us and our subsidiaries, affiliates, and successors: (a) a worldwide, non-exclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, prepare derivative works of, distribute, publicly perform, and publicly display that User Content throughout the world in any media in connection with the Service and Credible’s business, including without limitation for promoting the Service; and (b) the right to use the name and user profile photo (your likeness) that you submit in connection with your Credible account, if we choose. You retain all rights in your User Content, subject to the rights granted to Credible in these Terms. You may modify or remove your User Content via the means we provide to you, but Credible may, in accordance with our Privacy Policy, retain in its systems and use non-personally identifiable data that is derived from your User Content.

    You agree not to upload to the Service or otherwise post, transmit, distribute, or disseminate through the Service any material that: (i) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, inflammatory, or abusive; (ii) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (iii) breaches any duty toward or rights of any person or entity, including rights of publicity or privacy; (iv) contains corrupted data or any other harmful, disruptive, or destructive files; (v) advertises products or services competitive with Credible’s or its partners’ products and services, as determined by Credible in its sole discretion; or (vi) in Credible’s sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Service, or which may expose Credible, its affiliates, or users to harm or liability of any nature.

    Although Credible has no obligation to screen, edit, or monitor any User Content, Credible reserves the right, and has absolute discretion, to remove, screen, edit, or disable any User Content at any time and for any reason without notice. You understand that by using the Service, you may be exposed to User Content that is offensive, indecent, objectionable, or inaccurate. We take no responsibility and assume no liability for any User Content, including any loss or damage to any of your User Content.

19. Publicity Release

    If you are photographed, filmed or recorded by Credible or its agents in connection with your participation in Credible product research or promotion (a "Recording"), then by using the Service, which you acknowledge is sufficient consideration, you hereby grant Credible and its successors perpetual, irrevocable, worldwide, royalty-free, fully-paid permission to use, copy, and display the Recording in any form of media and by any means: (a) as part of or in connection with Credible products or services, including Credible research and development; (b) as part of or in connection with the sale, promotion, or advertising of Credible products or services; and (c) any other lawful purpose whatsoever; in each case, alone or in combination with other materials. You agree that all right, title, and interest, including copyright, in the Recording and any materials produced by Credible using the Recording (including your name and likeness), are owned exclusively by Credible, and that nothing in this "General Release" paragraph will constitute any Credible obligation to make use of the rights granted by you in this paragraph. You also agree that the rights granted by you to Credible in this paragraph do not conflict with any of your existing commitments. You hereby: (i) waive any right to inspect or approve any works that may be created with or from the Recording; (ii) waive any and all moral rights you may have in the Recording; and (iii) release Credible, its agents, employees, licensees, partners, successors, and assigns from any and all claims I may have now or in the future, whether known or unknown, for invasion of privacy, right of publicity, trademark infringement, copyright infringement, defamation, or any other cause of action arising out of the product research study, the filming, use, reproduction, adaptation, distribution, broadcast, performance, or display of the Recording.

20. Licensed Content

    Content on the Service, including User Content provided by other users, has been licensed to Credible in accordance with various licensing agreements between Credible and the persons or entities who own the rights to that content ("Licensed Content"). Licensed Content is protected by intellectual property laws.

    Any opinion, advice, statement, service, offer, or other information that constitutes part of the Licensed Content expressed or made available via the Service are those of the respective authors or producers and not of Credible or its directors, officers, employees, agents, representatives, partners, or affiliates. Under no circumstances will Credible or its directors, officers, employees, agents, representatives, partners, or affiliates be held liable for any loss or damage caused by your reliance on any information obtained through the Service. It is your responsibility to evaluate the information, opinions, advice, or other content available on the Service and to seek qualified professional assistance as applicable.

21. Copyright Infringement

    Credible respects the intellectual property rights of others, and asks you to do the same. It is Credible’s policy to terminate the access privileges of those who repeatedly infringe the copyright rights of others. If you believe that your work has been posted on the Service in a way that constitutes copyright infringement, please contact Credible’s copyright agent at the address below and provide the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) a description of the copyright-protected work that you claim has been infringed; (c) the location on the Service of the material that you claim is infringing; (d) your address, telephone number, and email address; (e) a statement by you regarding your good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (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 the copyright owner’s behalf. By submitting a copyright infringement notice, you acknowledge and agree that Credible or its copyright agent may forward the information you provide in this notice to the person who uploaded the allegedly infringing material.

    You may write to Credible’s designated agent for notice of copyright infringement at:

    Credible, Inc.
    Attn: Copyright Agent
    32 Page Street
    San Francisco, CA 94102

    If you believe that your removed or disabled User Content is not infringing, or that you have the authorization or right to post and use that User Content from the copyright owner, the copyright owner's agent, or pursuant to law, you may send a counter-notice containing the information required by Section 512(g)(3) of the Digital Millennium Copyright Act (17 USC § 512(g)(3)). Credible or its copyright agent will forward your counter-notification to the party who submitted the original copyright infringement claim. If the original claimant does not file an action seeking a court order to restrain you from engaging in infringing activity related to the removed or disabled User Content within 10 business days of receiving the counter-notice from Credible, then Credible may, in its sole discretion, reinstate the removed or disabled material.

22. Ownership; Trademarks

    We, our affiliates, and our suppliers and licensors own all right, title, and interest, including all intellectual property rights, in and to the Service. Except for those rights expressly granted in these Terms, no other rights are granted, either express or implied, to you.

    ChefsFeed and Credible are trademarks of Credible, Inc. Other product, brand, and company names and logos used on the Service are the trademarks or registered trademarks of their respective owners. Any use of any of the marks appearing on the Service without the prior written consent of Credible or the owner of the mark, as appropriate, is strictly prohibited.

23. Modifications to the Service

    Credible reserves the right to modify or discontinue, temporarily or permanently, all or a part of the Service without notice. Credible will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

24. Privacy

    Credible collects registration and other information about you through the Service. Our collection, use, and disclosure of this information is described in the Credible Privacy Policy, which is incorporated into these Terms.

25. Feedback

    If you provide feedback to Credible regarding the Service ("Feedback"), you acknowledge that the Feedback is not confidential and you authorize Credible to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to Credible a nonexclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully sublicensable right to use the Feedback in any manner and for any purpose, including use of that Feedback with the name and user profile photo (your likeness) that you submit in connection with your Credible account, if we choose.

26. Changes to Terms

    We reserve the right to modify these Terms from time to time. If we modify these Terms, we will indicate that we have done so on the Website at https://www.chefsfeed.com/about/legal or otherwise provide you notice. It is your responsibility to review these Terms regularly. Use of the Service after the effective date of a modification constitutes your acceptance of any modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Website, Mobile App and Service.

27. Termination

    You may terminate your use of the Service at any time by terminating your account and deleting the Mobile App from your mobile device. Termination of your account is your sole right and remedy with respect to any dispute with Credible regarding the Service or these Terms. Credible may suspend or terminate your access to the Service at any time, for any reason. If Credible suspects that you have violated any provision of these Terms, Credible may also seek any other available legal remedy. Your rights under these Terms will terminate automatically if you fail to comply with any of these Terms. Upon termination, you must destroy or delete any copy of the Mobile App in your possession.

    You remain solely liable for all obligations related to use of the Service, even after you have stopped using the Service. Neither Credible nor any of its licensors, suppliers, or publishers is liable to you or to any third party for any loss caused by any termination of the Service or termination of your access to the Service.

28. Third-Party Content

    We may email or provide you coupons, offers, and other specials from third parties (collectively "Promotions"). Credible is not responsible for the redemption, errors, omissions, or expiration of Promotions. All Promotions featured as a part of the Service are subject to change without notice and we have no control over their legality or the ability of any merchant to complete the Promotion (including the sale in accordance with the offer).

    The Service may contain links to web pages and content of third parties ("Third-Party Content") as a service to those interested in this information. We do not monitor, endorse, or adopt, or have any control over, any Third-Party Content. We undertake no responsibility to update or review any Third-Party Content and can make no guarantee as to its accuracy or completeness.

    Additionally, if you follow a link or otherwise navigate away from the Service, please be aware that these Terms will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Content provider to which you navigate from the Service. You access and use Third-Party Content at your own risk.

    The Service may contain advertisements and promotions from third parties. Your business dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party.

29. Special Terms Regarding Apple

    If you download the Mobile App from Apple, Inc.’s App Store: (a) your use of the Mobile App must at all times be in accordance with the Usage Rules set forth in the Apple, Inc. App Store Terms of Service; and (b) you acknowledge that these Terms are entered into solely between you and Credible. These Terms are not intended to provide for usage rules for the Mobile App that are less restrictive than the Usage Rules set forth for Licensed Applications in, or otherwise conflict with, the App Store Terms of Service as of the date that you accept the App Store Terms of Service (which you acknowledge you have had the opportunity to review). You also acknowledge and agree that:

    • in the event of any third party claim that your possession or use of the Mobile App infringes any third party’s intellectual property rights, Credible is solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim;
    • Apple has no responsibility for addressing any claims relating to the Mobile App, including but not limited to: (a) product liability claims; (b) maintenance and support; (c) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; and (d) any claim arising under consumer protection or similar legislation; and
    • Apple and its subsidiaries are intended third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple and its subsidiaries will have the right (and will be deemed to have accepted the right) to enforce these Terms against you.
30. Service Disclaimer

    CREDIBLE IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND GUESTS UNDER ANY CIRCUMSTANCE NOR DOES IT OPERATE AS A PLACE OF BUSINESS FOR VENDING FOOD OF ANY SORT OR ACT AS AN AGENT OR REPRESENTATIVE OF ANY HOST. THE HOST HAS THE SOLE AND EXCLUSIVE RESPONSIBILITY FOR COMPLIANCE WITH ALL LAWS, REGULATIONS AND OTHER OBLIGATIONS REGARDING EXPERIENCES. CREDIBLE HAS NO CONTROL OVER THE QUALITY OF THE MEALS, PERSONS PRESENT AT THE EXPERIENCES, CONDUCT OF HOSTS, GUESTS AND OTHER USERS OF THE WEBSITE, MOBILE APP AND SERVICE, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.

31. Disclaimer of Warranties

    YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CREDIBLE, ITS AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. CREDIBLE DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICE OR THAT ANY DATA SENT BY OR TO YOU WILL BE ACCURATE, COMPLETE, TRANSMITTED IN UNCORRUPTED FORM, OR TRANSMITTED WITHIN A REASONABLE AMOUNT OF TIME. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DELAY OR LOSS OF ANY KIND THAT RESULTS FROM YOUR ACCESS OR USE OF THE SERVICE, INCLUDING LOSS OF ANY DATA OR HARM TO YOUR MOBILE DEVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CREDIBLE, THROUGH OR FROM THE SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

32. Limitation of Liability

    NEITHER CREDIBLE NOR ITS AFFILIATES, LICENSORS, SUPPLIERS, OR DISTRIBUTORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES EVEN IF ADVISED OF THE POSSIBILITY OF THESE DAMAGES, RESULTING FROM YOUR ACCESS OR USE OF THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

    EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THESE TERMS, THE MAXIMUM TOTAL LIABILITY OF CREDIBLE, ITS AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS TO YOU FOR ANY CLAIM RELATED TO THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE OR $10. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

33. Indemnity

    You will defend, indemnify, and hold Credible, its affiliates, directors, officers, agents, employees, licensors, suppliers, distributors (including App Distributors) harmless from any costs, damages, expenses, and liability caused by your use of the Service, your violation of these Terms, or your violation of any rights of a third party through use of the Service.

34. Assignment

    These Terms, and any rights or licenses granted under these Terms, may not be transferred or assigned by you, but may be assigned by Credible without restriction. Any assignment attempted in violation of these Terms is void.

35. Governing Law; Venue

    These Terms will be governed by and construed in accordance with the laws of the state of California, excluding its conflict of law provisions. You agree that any judicial proceedings will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state and federal courts in San Francisco, California.

36. Claims

    YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, THAT CAUSE OF ACTION IS PERMANENTLY BARRED.

37. Waiver and Severability of Terms

    The failure of Credible to exercise or enforce any right or provision of these Terms will not constitute a waiver of that right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Credible. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

38. Consent to Electronic Communications

    By using the Service, you consent to receiving electronic communications from us. These communications may include notices about your account and information concerning or related to the Service. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

    You are solely responsible for all fees charged by your telecommunications service provider or any other service provider related to your download of the Mobile App or use of the Service, including without limitation any SMS / text messaging fees, data charges, and other fees.

39. Entire Agreement

    These Terms (including our Privacy Policy and any Supplemental Terms) are the entire agreement between you and Credible regarding your use of the Website, Mobile App and Service.

40. Contacting Credible

    For questions, comments, complaints, or claims related to the Service, please contact Credible using the contact information on our Website.