LAST UPDATED FEBRUARY 22, 2014
Thanks for using Joyfoodly! Joyfoodly provides various services on www.joyfoodly.com aimed at helping parents get their kids to fall in love with eating fruits and vegetables (collectively, the “Joyfoodly Service”).
Key Content-related Terms
- “Content” means text, recipes, links, graphics, images, software, audio, video, information or other materials.
- “Joyfoodly Content” means Content that Joyfoodly makes available through the Joyfoodly Service, including any Content licensed to Joyfoodly from a third party (excluding Member Content and Third Party Content).
- “Member” means a person who completes Joyfoodly’s account registration process, as described under “Account Registration” below.
- “Member Content” means Content owned by a Member, including any photos owned a by Member, that such Member posts, uploads, publishes, submits or transmits to be made available through the Joyfoodly Service.
- “Service Content” means Joyfoodly Content and Member Content.
Joyfoodly reserves the right, at its sole discretion, to modify, discontinue or terminate the Joyfoodly Service or to modify these Terms of Service, at any time and without prior notice. If we modify these Terms of Service, we will post the modification on Joyfoodly’s website or otherwise provide you with notice of the modification.
By continuing to access or use the Joyfoodly Service after we have posted a modification on Joyfoodly’s website or have otherwise provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Joyfoodly Service.
In order to access, use or receive certain Services, you may need to register and create an account (“Account”) and become a “Member” by either registering. In creating an Account, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. When creating an Account, you will be required to provide certain personal information about yourself and establish a username and a password. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Joyfoodly of any unauthorized use of your Account.
Joyfoodly complies with the Children’s Online Privacy Protection Act (COPPA) and only persons who are 13 or older can create Accounts on Joyfoodly. Joyfoodly does not knowingly collect any personally identifiable information from children under 13.
By accessing or using the Joyfoodly Service you represent and warrant that you are 13 or older. You understand and agree that you may allow children under 13 to use accounts set up by you only if such use is under your direct supervision at all times, you do not permit them to provide any personally identifiable information, and you fully comply in all respects with the other terms and obligations set forth in this Terms of Service.
Some features of or services provided by Joyfoodly require a fee-based subscription (all fee-based subscriptions are referred to as “Subscription Services”). If you elect to purchase Subscription Services you understand that your subscription is personal to you and the members of your household, and you may not transfer or make available your account name and password to others. Subscription Services may change, without prior notice. From time to time we may offer certain special promotions or offers, which are applicable for one-time use only. Subsequent renewals will be charged at the then-current rate.
Joyfoodly (or a third party engaged on our behalf, such as Stripe) will save Member’s credit or debit card information and use it for all future charges – which will automatically be charged to the saved card, unless Member notifies Joyfoodly.
We reserve the right, upon prior notice to you, to change the amount of any fees and to institute new fees, effective at the end of your current subscription period. If payment cannot be charged to your credit card or your payment is returned to Joyfoodly for any reason, Joyfoodly reserves the right to either suspend or terminate your access to the unpaid-for Subscription Services.
Free trials and Free Follow-up Membership Offers
The Subscription Services may start with a free trial during which you can try out Services for free (“Free Trial”). Free Trials are only available to new members of the Joyfoodly Website and each member is only entitled to one Free Trial period and Joyfoodly reserves the right to terminate any account that is using or trying to use more than one Free Trial. We will begin billing you for Subscription Services at the end of the Free Trial period unless you cancel before the free trial period ends. You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. If you cancel prior to the end of your free trial, there will be no charges to your payment method.
After a Member has paid for Subscription Services for a one full year (i.e. for 4 seasons and 48 vegetable/fruits), Joyfoodly may grant the Member access to some portions of the Subscription Services for an additional year (“Follow-up Membership”), thereby allowing Members to access items such as recipes based on their saved food preferences, as well as saved shopping lists, free of charge. Access to new features introduced by Joyfoodly during the Follow-up Membership time period will require the Member to subscribe to access to the new features.
Joyfoodly reserves the right, in its absolute discretion, to withdraw or to modify its Free Trial Offers or Follow-up Membership Offers at any time without prior notice and with no liability.
PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS.
We do not offer any refunds for content that you have already accessed under any circumstances. Once you have accessed the content it is considered, at that point, to have been consumed. You can cancel your subscription at any time and continue to have accesses to the Joyfoodly Service for the remainder of your current subscription period.
At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
License granted by Joyfoodly
Subject to your compliance with the terms and conditions of these Terms of Service, Joyfoodly grants you a limited, non-exclusive, non-transferable license, (i) to access, view, download, print and otherwise use any Joyfoodly Content and the Joyfoodly Service itself; and (ii) to access and view any Member Content or Third Party Content, but only in accordance with these Terms of Service. You have no right to sublicense the license rights granted in this Section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Joyfoodly Service or Service Content, except as expressly permitted in these Terms of Service. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Joyfoodly or its licensors, except for the licenses and rights expressly granted in these Terms of Service.
License granted by a Member
By uploading, posting, submitting or otherwise transmitting any Content through the Services, you hereby grant to Joyfoodly a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, create derivative works, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Content (in whole or in part) and/or to incorporate such Content in other works in any form, media or technology. You grant to all other users of the Services a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view, modify, edit, download and print any Content, such as recipes and images, for such user’s personal and non-commercial purposes. Joyfoodly does not claim any ownership rights in any such Content and nothing in this Agreement will be deemed to restrict any rights that you may have to such Content.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit. We reserve the right at all times and for any reason to remove or refuse to distribute any Content that you provide through the Services that violate these Terms.
The Joyfoodly Service and Joyfoodly Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms of Service, Joyfoodly and its licensors exclusively own all right, title and interest in and to the Joyfoodly Service and Joyfoodly Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Joyfoodly Service or Joyfoodly Content.
Copyright and IP Policy
We respect the intellectual property rights of others and expect users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our copyright agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Services;
- your address, telephone number, and email address;
- a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Notice of claims of copyright infringement should be sent to our Copyright Agent: Hollie Greene, 43 Mallorca Way, San Francisco, CA, 94123 or via email to: [email protected]
We reserve the right to remove Content in violation of this policy without prior notice and at our sole discretion. In appropriate circumstances, Joyfoodly may also terminate your Account if you are determined to be a repeat infringer.
You agree that you will not post, upload, submit or otherwise transmit Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances. Posting a link to content is not prohibited.
You also agree not to do any of the following while accessing or using the Services: (i) attempt to access, tamper with, or use non-public areas of the Joyfoodly services, Joyfoodly’s computer systems, or the technical delivery systems of Joyfoodly’s providers; (ii) gather and use information, such as other users’ names, real names, email addresses, available through the Joyfoodly Services to transmit any unsolicited advertising, junk mail, spam or other form of solicitation; (iii) violate any applicable law or regulation; or (iv) encourage or enable any other individual to do any of the foregoing.
We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms. You acknowledge that Joyfoodly has no obligation to monitor your access to or use of the Joyfoodly Service but has the right to do so for the purpose of operating the Joyfoodly Services to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
You can terminate your Account at any time by deactivating your Account or by providing notice of termination to us. If you breach any of these Terms, Joyfoodly will have the right to suspend, disable or terminate your access to or use of the Joyfoodly Services, at its sole discretion and without prior notice to you. We will not be liable to you or any third party for termination of your access or use of the Services. Any suspension or termination will not affect your obligations to Joyfoodly under these Terms (including, without limitation, ownership, confidentiality, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension or termination.
The Services are Available “AS-IS”
You understand and agree that the Joyfoodly Services and Content, and all materials, information, products and services included therein, are provided to you on an “AS IS” and on an “AS AVAILABLE” basis. Without limiting the foregoing, Joyfoodly EXPLICITLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SERVICES AND APPLICATION, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Your use of the Joyfoodly Services is at your sole discretion and risk. Joyfoodly will not be responsible for any harm to your computer, mobile device or tablet computer, loss of data or other harm that results from your use of the Joyfoodly Services. Joyfoodly makes no warranty that the Joyfoodly Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
Joyfoodly makes no representation or warranty regarding the accuracy, timeliness, truthfulness, completeness or reliability of any Content provided through the Joyfoodly Services, any information, goods or services promoted or displayed through the Services or any transactions entered into through the Services. The Content, including the recipes and all related information and commentary made available through the Joyfoodly Services is for informational purposes only and is not intended to be (and does not constitute) dietary advice or recommendations specifically for you and no advice or information, whether oral or written, obtained from Joyfoodly or through the Joyfoodly Services will create any warranty not expressly made herein. You are solely responsible for all of your communications and interactions with other users of the Joyfoodly Services and with other persons with whom you communicate or interact as a result of your use of the Services.
You agree to defend, indemnify, and hold Joyfoodly, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Joyfoodly Services or your violation of these Terms.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JOYFOODLY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; (iv) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES AND (v) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT JOYFOODLY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
You may not assign or transfer these Terms of Service, by operation of law or otherwise, without Joyfoodly’s prior written consent. Any attempt by you to assign or transfer these Terms of Service, without such consent, will be null and of no effect. Joyfoodly may assign or transfer these Terms of Service, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.