Terms of Use 2016-10-23T15:57:51+00:00

Terms of Use / End-User License Agreement

These terms (“Terms”) are a binding legal agreement between you and MetaBrite, Inc. (“MetaBrite” “we” or “us”.) By using any of the MetaBrite websites and/or downloading any of our mobile application (the “Services”) including the content made available via either, you agree that you have read and understood these Terms and agree to be bound by them and by the MetaBrite Privacy Policy, which forms part of these Terms.  If you do not agree to these Terms, do not download or use the Services. MetaBrite may update these Terms at any time by posting the updated version in the Services, and you agree that if you continue to use the Services, you are bound by the updated version.

 

Subject to these Terms, MetaBrite grants you a limited, non-exclusive and non-transferable license to download and/or use the Services for your personal, non-commercial use. You agree not to copy, modify, translate, adapt or otherwise create derivative works of the Services or any portion of them, nor to reverse engineer, disassemble or otherwise attempt to gain access to the source code of the Services or any portion of them. Except as expressly permitted by these Terms, you also agree that you will not rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Services or any portion of them to any third party for any reason. The Services are the property of MetaBrite and our licensors and are licensed, not sold, to you. You do not acquire any ownership interest in the Services or the content thereof, under these Terms other than the limited right to use the Services as described in these Terms. MetaBrite and our licensees reserve and retain the right, title and interest in and to the Services and all copyrights, trademarks and other intellectual property rights in or related to the Services, except as expressly granted to you in these Terms.

 

You acknowledge that when you download, install, or use the Services, MetaBrite may collect information about you and your mobile device, and your use of the Services. All information we collect through the Services is subject to our Privacy Policy.

 

Do not reveal your MetaBrite account information or password to anyone else. You are solely responsible for maintaining the confidentiality and security of your MetaBrite account, and you agree to immediately notify MetaBrite of any security breach of your MetaBrite account. You are solely responsible for, and MetaBrite shall not be responsible for, any use of your MetaBrite account including any losses arising out of the unauthorized use of your MetaBrite account.

 

The Services are intended for access and use within the United States of America, and you acknowledge that you may not be able to access or use all of the features and functionality of the Services outside of the United States. You agree to comply with all applicable laws in your use of the Services.

 

The Services may contain third party content such as recipes, nutritional data, and content generated by other users. In addition, the Services may include links to third party websites or services, including through third party advertisements or agreements. You acknowledge and agree that MetaBrite is not responsible for any such third party materials. The license grant and restrictions set forth above also apply to those third party materials.

 

You acknowledge and agree that terms used by MetaBrite to categorize recipe content (including, without limitation, nutritional, vegan, low-fat, low-sodium, gluten-free and low-sugar recipe data) are used for the exclusive purpose of organizing search results. While MetaBrite strives to give you accurate search results, MetaBrite cannot guarantee that all recipes grouped within a category will meet all governmental and non-governmental standards for such category, nor can MetaBrite guarantee that all recipes resulting from a MetaBrite search will accurately reflect the search terms. You are solely responsible for screening your MetaBrite search results for ingredients which are objectionable or harmful to you for any reason.

 

You may choose to submit recipes through the Services (“Recipe Submissions”). Such Recipe Submissions are, by default, not shared with other users of the Services. You may change the Services’ default setting in this regard in order to share Recipe Submissions publicly or only with those users of the Services that you select and which agree to receive them. By submitting, posting or displaying Recipe Submissions through the Services and selecting to share them (whether on a limited basis or at large), you grant to MetaBrite a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any of those Recipe Submissions that you submit, post or display through the Services for the sole purpose of enabling MetaBrite to display, distribute, perform and promote the Services (including the Recipe Submissions). In addition to Recipe Submissions, you may choose to submit other content, including written opinions, ratings, and reviews of others’ recipes, through the Services (“Other Content”). By submitting, posting or displaying Other Content through the Services, you grant to MetaBrite a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any of the Other Content that you submit, post or display through the Services for the sole purpose of enabling MetaBrite to display, distribute, perform and promote the Services. You represent and warrant to MetaBrite that you have the right, power, and authority to grant MetaBrite the licenses set forth in the preceding sentences, and that you own all of Recipe Submissions and Other Content you submit (including images and video).

 

If you do choose to submit Recipe Submissions and/or Other Content through the Services, you agree not to submit any of Other Content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” MetaBrite is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal content posted by others.

 

You may report a possible infringement of copyrights, trademarks, or other intellectual property by contacting us at: 206 First Ave South, Suite 230, Seattle, WA 98104. You may also contact us through unsubscribe@metabrite.com. In compliance with the federal law of the United States, please include the following in your letter or email: (i) identification of infringing and infringed materials; (ii) your contact information; (iii) statement of your good faith belief in the existence of the infringement; (iv) a statement indicating the accuracy of the complaint and your authority to submit it; and (v) your physical or electronic signature. For additional information regarding the enforcement of copyrights, you may review the U.S. Digital Millennium Copyright Act codified at 17 U.S.C. § 512.
Disclaimer of Warranties. THE SERVICES ARE PROVIDED “AS IS” WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, METABRITE, ON ITS OWN BEHALF AND ON BEHALF OF ITS LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, METABRITE PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL METABRITE OR ANY OF ITS LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, INCLUDING FOR:

  • PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES; AND/OR
  • DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR METABRITE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

You agree to indemnify, defend and hold harmless MetaBrite and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the Services or your breach of these Terms. Furthermore, you agree that MetaBrite assumes no responsibility for the content you submit or make available through the Services.

 

MetaBrite may terminate your access to or use of the Services at any time upon notice to you. You may terminate your use of the Services at any time with or without notice to MetaBrite, by uninstalling and deleting the mobile application and deleting your user account on the Services.

 

These Terms shall be governed by Washington law without regard to its conflict of laws provisions. You and MetaBrite agree to submit to the exclusive jurisdiction of the courts located within King County, Washington, to resolve any legal matter arising out of or related to these Terms or your use of the Services. MetaBrite’s failure to enforce any rights arising hereunder shall not be deemed a waiver of such rights. If any court of competent jurisdiction rules that any provision in these Terms is invalid, then that provision will be removed from these Terms without affecting the remainder of this document, which remaining provisions shall be valid and enforceable. These Terms (including the Privacy Policy) constitute the entire agreement and supersede any other oral or written agreements, between you and MetaBrite with respect to the subject matter of these Terms. You and MetaBrite agree not to bring or participate in a class or representative action, private attorney general action or collective arbitration arising out of or related to these Terms. You and MetaBrite further agree not to seek to combine any action or arbitration arising out of or related to these Terms with any other action or arbitration without the consent of all parties to this Agreement and such other action or arbitration.