User Terms of Service for FoodShare

1.    FOODSHARE TERMS OF USE

These Terms of Use (this “Agreement”) which is legal agreement between you (the “App User”) and FoodShare, Inc., a Missouri Corporation (“FoodShare”), shall govern the App User’s use of and access to the Application (as defined below). By checking any acceptance boxes, clicking any acceptance buttons, submitting any text or content or simply by making any use of the Application, App User (a) accept this Agreement and agree to be bound by each of its terms, and (b) represent and warrant to FoodShare that (i) App User is at least 13 years of age and have the authority to enter into this Agreement (either on your own behalf or by having a parent or legal guardian agree to the terms set forth herein on your behalf), (ii) this Agreement is binding and enforceable against the App User, and (iii) to the extent an individual is accepting this Agreement on behalf of an entity, such individual has the right and authority to agree to all of the terms set forth herein on behalf of such entity. FoodShare may amend this Agreement from time to time, each of which amendments shall be deemed to be effective 2 days after posting the updated Agreement at the Website or within the Application. 

 

2.    PURPOSE

 

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.

 

3.    SERVICES

 

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, and send recommendations to his or her friends (“Friends”), and rate the Restaurant. Friends will then receive a push notification on their mobile device notifying them of the Diner’s recommendation. Each time a user dines at a FoodShare partnered restaurant and uses the App’s Eat process, 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 to donate an additional meal.


4.    LICENSE

 

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

 

7.   TERM

 

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.   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.

 

10.   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.

 

11. AUTHORITY

 

By using the FoodShare software application, the App User consents to the above mentioned Terms and Conditions.