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Terms of Service

Revision Date: September 6, 2012

HELLO AND WELCOME TO FOOD52! FOOD52 IS OWNED AND OPERATED BY FOOD52 INC. ('US," "WE," "OUR"). WE'RE HAPPY THAT YOU'RE HERE AND HOPE YOU ENJOY THE SITE. THE FOLLOWING DESCRIBES THE TERMS ON WHICH FOOD52 OFFERS YOU ACCESS TO OUR WEBSITE.

Introduction

Using our website means that you agree to comply with these Terms of Service set forth below and any additional terms and conditions set forth in our Privacy Policy. You additionally agree to follow all applicable domestic and international laws, statutes, ordinances and regulations. "You" in this agreement includes any user of the website in all capacities.

Terms

You agree to provide us with your valid, current email address and zip code at the time of registration and from time to time as your information changes. You agree to the use of your personally identifiable information in accordance with our Privacy Policy. You may not collect or harvest any personally identifiable information from food52.com. You have to be at least 21 years old to use this site.

Upon registration you will be required to create a password. You agree to maintain the confidentiality of your password, and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality. You further agree to notify us of any unauthorized use of your password or any other breach of security.

You are prohibited from violating any law, statute, ordinance or regulation. You shall not create liability for us or cause us to lose any of the services of our ISPs.

You must not hack food52.com or perform any other activity that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You must not perform any activity to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment.

You may link the home page of food52.com to any website you own or control provided it is not commercially competitive with food52.com and does not criticize or otherwise injure us and is in compliance will all applicable laws and intellectual property and other legal rights. Such a link is not an endorsement of any other site(s) by us. You shall not link directly or indirectly to any materials to which you do not have a right to link or include, nor may you modify another website so as to falsely imply that it is associated with food52.com. You understand and agree that you download or otherwise obtain material or data through the use of food52.com at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or data.

You must not use, copy, collect, reproduce, alter, distribute, create derivative works based upon, publish, sell, publicly display or otherwise exploit any information or content displayed on our website for any commercial purposes or to the extent that such action(s) would constitute copyright infringement, injure or otherwise violate the intellectual property or proprietary rights of Food52 Inc. or any other third party, except with the prior written consent of Food52 Inc. or the appropriate third party. In some instances food52.com may allow you to download or print content from the site. In such instances you may download or print such content for your personal, non-commercial use only. By doing so, you acknowledge that you do not acquire any ownership rights.

You have the ability to add content, including but not limited to recipes, to food52.com. We do not guarantee the accuracy, integrity or quality of the content you provide and do not have any obligation to monitor this. You agree that you, and not Food52 Inc., its affiliates or licensers, are solely responsible and liable for any submissions you upload, post, email, transmit or otherwise make available to food52.com; including any loss or damage to Food52 Inc. or others who may suffer as a result of or in connection with any such submission to food52.com. You shall not submit any content protected by any intellectual property or other third party right without the express permission of the owner. You represent, warrant and covenant that you own or otherwise control all rights to any content you submit to food52.com or Food52 Inc., and have all rights, power and authority required to provide such content to food52.com and to assign your rights in the submission to Food52 Inc. Any and all such submissions by you are and will be true, current and accurate. No use of your submissions will violate or infringe any rights of, or cause any injury to, any person or entity.

You may not harass any user or post any obscene, pornographic content.

By submitting any content to food52.com or Food52 Inc., you simultaneously and automatically grant or warrant that the owner has expressly granted us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable and transferable right and license to use, record, sell, lease, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, publish and otherwise exploit the submitted content as we, in our sole discretion, deem appropriate. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in the submitted content. You additionally grant other users permission to access your submitted content for personal, non-commercial use as permitted by the functionality of the website and these Terms of Service.

In accessing food52.com you agree to indemnify and hold us and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries and third-party partners harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of your representations and warranties or this Agreement or the documents it incorporates by reference, your use of food52.com, your personal information, your violation of any law, statute, ordinance or regulation or the rights of a third party, or your participation as a visitor to this site.

You agree to immediately notify Food52 Inc. of any unauthorized or improper use of food52.com or any other known or suspected breach of security. You agree to fully cooperate with Food52 Inc. to investigate any suspected or unusual activity that is in breach of these Terms of Service.

Conditions

We reserve the right to update this Agreement at any time, at which time we will also update the revision date above. Any updated version will supersede all of its preceding versions. Continued use of food52.com means that you accept and agree to all changes.

We reserve the right at any time to remove, modify or discontinue, temporarily or permanently, any content or portion of food52.com for any reason with or without notice. We shall not be liable to you or any third party for any modification, suspension or termination of the site. We have no responsibility or liability to you or any third party for the storage or deletion of, or the failure to store or delete, any of the content you provide.

Food52 Inc. does not necessarily verify, encourage, agree, endorse or support any submitted content. This includes but is not limited to comments, opinions, statements or links posted on any forum related to food52.com.

Food52 Inc. will not be required to treat any submissions to food52.com as confidential and will not be required to provide any compensation or consideration or be liable for any copying, reproduction, modification, adaptation, translation, collection, compilation, recompilation, derivative works or materials, or any publication, distribution, display, disclosure, sale, licensing or other use or commercial exploitation, of any ideas or other content submissions, or any tangible or intangible subject matter similar to, or using, incorporating, derived from or based on, any submission, in whole or in part. We are free to use any ideas, concepts, know-how or techniques contained in any submitted content without any remuneration or obligation to you.

We reserve the right to suspend, terminate or refuse your use of this site at any time for any reason. We additionally reserve the right to establish and periodically change general practices and limits concerning the use of our site.

We reserve the right to send you certain communications; such as service announcements and newsletters, or anything we deem to be beneficial or helpful to your use of food52.com.

We may periodically provide links to other websites or resources, but this shall not imply any relationship or connection to the other site, its operator and any of its affiliates. Because we have no control over such websites or resources, we are not responsible for the availability of such websites or resources, and are not responsible or liable for any content, advertising, products or other materials available from such websites or resources. Food52 Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites and resources, or as the result of the presence of such websites and resources, including marketing partners, on our website or located through its use.

Our site is provided to you "as is" and on an "as available" basis. You may not rely on any information and opinions expressed on food52.com for any purpose. It is your responsibility at all times to evaluate the accuracy, timeliness, completeness or usefulness of any content on food52.com. Under no circumstances will we be liable for any loss or damage caused by your reliance on any website content. We specifically disclaim all warranties and conditions of any kind, whether express, implied or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We disclaim any warranties regarding the security, reliability, timeliness, and performance of our website. We disclaim any warranties for any information or advice obtained through our website. We disclaim any warranties for services or goods received through or advertised or our website or received through any links provided by our website, as well as for any information or advice received through any links provided through our website. In addition, no advice or information (written or oral) obtained by you from us shall create any warranty.

We do not endorse or warrant any health-related statements found on food52.com or any third party websites accessed through food52.com. In no event shall Food52 Inc. be liable for any direct, 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 Food52 Inc. has been advised of the possibility of such damages), arising out of or in connection with food52.com or this Agreement or the inability to use our site (however arising, including negligence), arising out of or in connection with third party transactions or arising out of or in connection with your use of the site. Some jurisdictions do not allow the exclusion or limitation of certain warranties or of incidental or consequential damages. Accordingly, some of the limitations may not apply to you.

Food52 Recipe Contest Rules

Contests are open to all registered users of food52.com who submit a recipe to the site. A valid entry must not violate any of the Terms of Service as specified in this document. No purchase is necessary. Void where prohibited. Entries that do not follow the Terms or Service or have otherwise been submitted through illicit means may be disqualified and removed from the website.

Contest finalists will be notified by email and finalist recipes will be designated as such on the website. Each finalist must supply food52 with his/her legal name and full mailing address (no P.O. boxes) in order to receive a prize. We may also provide your information to the contest sponsors so they can dispatch your prize. Prizes will vary from week to week and cannot be transferred, assigned, substituted or redeemed for cash. Finalists can expect to receive their prize 3 to 4 weeks after providing us with their address, but this time frame may vary, and we are not to be held liable for shipping or other delays. Provision of all prizes is the responsibility of the contest sponsors; Food52 is not responsible to provide prizes. All finalists are solely responsible for any and all taxes and/or fees, and all such additional costs they may incur.

Food52 Inc. and its contest sponsors are not responsible for incomplete or deleted recipes and any defects or delays in operations or transmission of information. By participating in recipe contests on food52.com, each entrant accepts the conditions stated in these official contest rules, agrees to be bound by the decisions of the judges and warrants that he/she is eligible to participate in the contest. Contest entrants agree to release Food52 Inc. and its sponsors from any and all liability, loss or damages arising from or in connection with the contest, award, receipt, and/or use or misuse of the prizes or participation of any prize-related activities.

Food52 Inc. and its contest sponsors are not responsible for commencing, continuing or completing the contest in the event of circumstances beyond their control. Food52 Inc. and its contest sponsors reserve the right to cancel or modify any contests if, in their sole discretion, they determine that the contest is not capable of being run as originally planned for any reason. Food52 Inc. additionally reserves the right to alter and amend any rules of any contest at any time. Food52 Inc. and its sponsors are not responsible for any errors that may occur during a contest. By submitting a recipe to a contest, you acknowledge that you accept and will abide by these rules and regulations.

Intellectual Property and Proprietary Rights

You acknowledge that food52.com and all content herein, including any derivative works and confidential or proprietary information, is protected by copyrights, trademarks, service marks, patents, trade secrets, proprietary rights and other intellectual properties owned by Food52 Inc., its affiliates and other parties that have licensed their material to Food52 Inc. Any use or display of food52.com and/or any of its content in any manner other than what is expressly permitted by these Terms of Service and other applicable laws is strictly prohibited without our written permission or the permission of the appropriate intellectual property owner. Except for the limited use that is granted to you in these Terms of Service, you do not acquire any right, title or interest in Food52 Inc., food52.com or any of its content. Any rights not expressly granted in these Terms of Service are expressly reserved.

Food52 Inc. respects the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and in our discretion, remove, or disable access to, material that infringes on the rights of others, and terminate access to our website. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact us at [email protected] We will promptly respond to any claims of copyright infringement.

Applicable Law

This agreement and the relationship between you and Food52 Inc. shall be governed by the laws of the State of New York without regard to its conflict of laws provisions, as such laws are applied to agreements entered into and to be performed entirely within New York between New York residents. By accessing food52 and agreeing to these Terms of Service, you agree to submit to the personal and exclusive jurisdiction of the courts located within the State of New York and be bound by the rulings of the courts located within the State of New York. If you breach or threaten to breach any provision hereof or thereof, you understand and agree that money damages would not be an adequate remedy for any breach of these Terms of Service and that Food52 Inc. shall be entitled to equitable relief, including preliminary and permanent injunctions and specific performance, as well as recovery of its court costs, expenses and reasonable attorneys' fees. Such remedies shall not be exclusive, shall be in addition to all other remedies available at law, equity or otherwise for your breach of these Terms of Service, and shall be available to Food52 Inc. without requirement that it post any bond or prove any actual damages.

You are hereby granted, subject to these terms and conditions, a limited, revocable, non-exclusive, non-transferable, fully-paid, royalty-free license solely to view the information provided by food52.com as is needed for your own internal, non-commercial, non-public use in order for you to obtain information presented on or through food52.com. Any access or use of any information or content available on food52.com, including, but not limited to, recipes, photographs or any other displayed material, in any manner whatsoever for any purpose other than what is expressly permitted by this website license is prohibited without the prior written consent of Food52 Inc.

Terms of Purchase

Vouchers you purchase through food52.com are special promotional offers that you purchase from participating Merchants through our service. The vouchers are redeemable for certain goods, services or experiences offered by, or facilitated through, the Merchant identified on the voucher. The Merchant is solely responsible for redeeming the voucher. The Merchant is the issuer of the voucher and is fully responsible for all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs (“Liabilities”) it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a voucher or not. You waive and release food52.com and Food52, Inc. and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries and third-party partners from any and all Liabilities arising from or related to any act or omission of a Merchant in connection with your use of a voucher or the services/goods it provides in connection with it.

By purchasing any voucher you agree to our Terms of Service including these Terms of Sale. By purchasing, printing, accepting, using or attempting to use any voucher, you agree to these Terms of Sale and specifically, the terms on the voucher itself and any additional, deal specific terms advertising the voucher at the time of purchase (collectively, the “fine print” regardless of how labeled). These rules apply to all promotional vouchers that we make available, unless a particular voucher’s fine print states otherwise, and except as otherwise required by law. In the event of a conflict between these rules and a voucher’s fine print, the voucher’s fine print will control. Only one voucher can be used per order unless otherwise specified by the Merchant. Neither Food52, Inc. nor the Merchant is responsible for lost or stolen vouchers. Vouchers are redeemable in their entirety and on a one time basis only and may not be redeemed incrementally unless stated otherwise

When a food52.com Voucher is purchased, the purchaser’s credit card will usually be charged within 24 hours. Sales tax will be collected, where applicable, upon redemption by Merchant. If gratuities are included in the purchase price, this will be made clear in the offer. If not mentioned, gratuities are not included. If shipping and handling is included in the purchase price, this will be made clear in the offer. If not mentioned, shipping and handling are not included. Please make note of any relevant redemption details.

All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information shall constitute a breach of these Terms of Purchase. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the offer(s) selected. We reserve the right to refuse service, terminate accounts, or remove or edit content.

Food52, Inc. is a service provider for the Merchant identified on the voucher and the Merchant is the sole issuer of the voucher.

ALL GOODS AND SERVICES COVERED BY VOUCHERS ARE PROVIDED TO YOU BY A THIRD PARTY MERCHANT "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR

PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. FOOD52.COM DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE BY ANY PARTY OTHER THAN FOOD52, INC., (B) ANY CONTENT PROVIDED ON LINKED SITES OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE OR ANY MERCHANT.

OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL FOOD52, INC. BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE OR MERCHANT. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.

If a Merchant or venue refuses to honor any voucher, Food52, Inc. will refund the amount paid upon request in the original form of payment, or will credit the food52.com account of the purchaser with an equivalent amount for future purchases on the Site. Need a refund or have a question? Email us at [email protected] anytime. Vouchers are not redeemable for cash, unless required by law. Unauthorized reproduction, resale, modification or trade of vouchers is prohibited.

By accepting these Terms of Purchase through your use of food52.com, you certify that you are 21 years of age or older. We reserve the right to update or modify these Terms of Purchase at any time without prior notice to you. Your use of food52.com following any such change constitutes your unconditional acceptance of the Terms of Purchase as changed. You are responsible for reviewing food52.com for any modifications to these terms and conditions that may affect your rights or obligations.

CREDITS

Food52 may issue credits for various promotional programs. Any and all credits issued by Food52 may be subject to a minimum purchase requirement.

REFERRAL CREDIT PROGRAM

On certain of its sites, Food52 may offer members the ability to earn credits toward future purchases on the Food52 sites when they invite friends to become members of a Food52 Site and those friends make a qualifying purchase within six (6) months of the invitation sent through an authorized Food52 invitation channel (eg. an invitation sent through Food52's website, Facebook or another social media channel supported by Food52). You may only earn credits via Food52’s authorized member invite mechanisms. Referrals outside of Food52 authorized channels will not result in any referral credit. You understand that referral credits are not transferable, may not be auctioned, bartered or sold, may not be pooled with other members, and expires six (6) months after issuance. You will only receive credit for the first qualifying purchase made by a friend who makes his or her first purchase on the Food52 sites as a result of an invite from you via a Food52 authorized channel. If your friend does not follow the directions in the invite email or other valid invite mechanism to accept the invitation, you may not receive credit, and Food52 will have no liability to you for your friend’s failure to follow directions.

You agree that having multiple Food52 accounts is a violation of these Terms of Service and that sending invites to alternate email addresses or accounts or otherwise attempting to circumvent Food52 's Referral program system may, without limiting any other Food52 rights or remedies, result in forfeiture of your membership and all Referral credits in your account. Food52 reserves the right to void Referrals and credits earned if we suspect that the Referrals or credits were earned in a fraudulent manner, in a manner that violates these Terms of Service or in a manner otherwise not intended by Food52. You must not conduct your own promotion in connection with our Referral credit program. You may not engage in any promotional, marketing, or other advertising activities on behalf of Food52, including by using any trademarks of Food52.

Credits will appear in your account within approximately 24 hours after one of your qualifying invitees makes his or her qualifying purchase and that purchase is shipped. Purchase of a Gift Card is not a qualifying purchase. Credits earned via Food52 may only be used on the Food52 sites and may not be used toward the purchase of a Gift Card or on any other website affiliated with Food52.

The referral credit program is void where prohibited by law. Food52 reserves the right to modify or terminate the referral credit program at any time. Should there be any tax liability for the accumulation and/or use of credits, such taxes are the sole responsibility of the participant. You understand that your account may not accurately reflect the credits you have actually earned. Food52 will have no liability for any errors displayed in your account.

For more information about our collection of personal information, please view our Privacy Policy.