User Terms of Service for FoodShare, LLC (DBA GiftAMeal)
The purpose of this Agreement is to set forth the terms and conditions under which, among other things, (i) FoodShare will license to App User use of certain of FoodShare’s technology, software and/or services such that App User can utilize the Application through your mobile device. As stipulated elsewhere in this Agreement, FoodShare does not exert any control over any merchants, retailers, commercial ventures or other third parties, and as such is not liable or responsible for any actions taken or omitted to be taken by any such third party.
FoodShare, LLC, a Missouri Limited Liability Company (“FoodShare”), shall provide the following services (“Services”) to the App Users: FoodShare will include enrolled restaurants (“Restaurant”), on a list of restaurants on FoodShare’s iPhone application (“FoodShare App”). After dining at a Restaurant that has signed these terms, the initial diner (“Diner”) may take a photo. Each time a user dines at a FoodShare Restaurant and reaches the confirmation page after taking a photo at the Restaurant, FoodShare donates the cash-equivalent of a meal to a food bank based on the food bank’s cash-to-meal metric. The Diner may also share a photo of his/her food on Facebook or Instagram to have FoodShare donate an additional meal.
FoodShare hereby grants App User a non-transferable, non-exclusive, revocable, limited license to access and use FoodShare’s rewards software platform (the “Application”) via mobile application during the Term (as defined below) solely for the Purpose. FoodShare may, from time to time, update or modify the Application, release new versions of the Application or create new modules related thereto, each of which may, at FoodShare’s discretion, be included within the license described above. App User shall not be permitted to sublicense or transfer any of App User’s rights hereunder including, without limitation, access to the Application.
5. CERTAIN RESTRICTIONS
App User shall not directly or indirectly copy or reproduce all or any part of the Application whether electronically, mechanically, or otherwise, in any form including, but not limited to, the copying of presentation, style or organization. App User shall use the Application solely for its intended purposes and shall not use the Application for the benefit of any third party except as specifically contemplated under this Agreement.
6. APP USER’S RESPONSIBILITIES
App User shall be solely responsible for: (i) all Posted Information he/she input into the Application; (ii) ensuring that all Posted Information is appropriate in tone and is accurate; (iii) complying with all applicable laws, rules and regulations at all times; and (iv) maintaining all passwords and access codes to the Application, and refraining from sharing or otherwise permitting third parties to use any such passwords and/or access codes to access the Application
This Agreement shall continue in full force until the earlier to occur of (i) either party providing electronic notice of termination to the other party (at which point App User shall no longer be entitled to access or use the Application), or (ii) FoodShare electing to terminate App User’s access to the Application, with or without notice (the “Term”). App User is entitled to terminate his or her FoodShare account at any time. Upon termination of this Agreement, App User shall no longer be entitled to access or use the Application. Additionally, in the event that FoodShare determines, in its sole discretion, that App User has violated this Agreement, FoodShare has the right to cancel or suspend App User’s access to the Application at any time and for any period of time.
8. INTELLECTUAL PROPERTY
All trademarks, patents, copyrights and other intellectual property rights (“Branding Material”) owned by either party shall continue to be owned solely by such party, and except as set fourth herein, nothing in this Agreement shall be deemed to confer any rights to any such intellectual property on the other party.
9. CONTENT USAGE RIGHTS
FoodShare may use any text, images, photos, audio, video, location data, and all other forms of data or communication related to your profile on the FoodShare App (“Your Content”) in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of FoodShare and any Other Media the right to access Your Content in connection with their use of FoodShare and any Other Media. Finally, you irrevocably waive, and cause to be waived, against FoodShare and its users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content. FoodShare and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you. User Content (including any that may have been created by users employed or contracted by FoodShare) does not necessarily reflect the opinion of FoodShare. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a photo if we believe it violates our content guidelines. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
10. LOCATION INFORMATION
If you use our Services, we automatically collect generic location information about you or, with your consent, precise geographic location data from your mobile device when the app is running and when it is not running, depending on the choices you make when you are asked to consent to our collection of location information. For example, we may receive this information when you select business locations or search by location. We may use and store this information to provide and improve features of our Services, for example, to tailor our Services on a needs-based manner to better facilitate your requests and to provide you with more relevant content about businesses in your city or cities you visit. If background location is enabled, we may use your location when the app is not in use to send you reminder push notifications when you are near a partner business. You can change the location settings of your device at any time to turn off the sharing of this location information with our Services. If you choose to turn off location services, this could affect certain features of our Services.
11. INDEMNIFICATION AND HOLD HARMLESS.
App User agrees to defend, hold harmless and indemnify FoodShare and any of its members, partners, officers, directors, employees, agents, transferees, affiliates, and assigns from and against any claims, losses, damages, liabilities, costs, expenses (including reasonable attorney fees and related costs), or obligations arising out of or resulting from claims by third parties against FoodShare for the use of App User’s posts, reviews, or any other usage.
12. REWARDS HAVE NO AFFILIATION WITH APPLE.
App User recognizes that Apple is in no way involved with reward or donation system on FoodShare, and Apple is not a sponsor of the system. FoodShare maintains the sole responsibility for payment and execution of its system. The rewards given to the App User are not Apple products.
By using the FoodShare software application, the App User consents to the above mentioned Terms and Conditions.