YSCooks app is bought to you by GrubEasy Interactive Labs Inc.
ABOUT GRUBEASY INTERACTIVE LABS
GrubEasy Interactive Labs is a food technology company with its place of business at 54 W. 40th Street, New York, NY 10018. It hosts the Site, which educates and inspires students to create healthier and sustainable food choices. GrubEasy Interactive Labs does not represent or endorse any particular product received as winning prize and the company may not have any partnership relationship with such companies. Educational resources shared on the science is solely to expand students’ knowledge on food and health. This app does not make any dietary recommendation and does not recommend making any dietary changes without the counsel of an healthcare professional.
REGISTRATION AND USE OF THE SERVICES
You must be at least 13 years old to register for and use the Services on this app. For children younger than 13 years old, parents are expected to create the account on their behalf. You may only use the Services if you are permitted by law to enter into a binding legal agreement. GrubEasy Interactive Labs reserves the right to restrict, suspend, or terminate a User’s access to the Services. If you have been previously banned from accessing the Services, you may not enter the Site or use the Services.
If you are a User who signs up for the Services, you will create a personalized account (“Account”) which includes a unique username and a password to access the Services and to receive messages from us. You agree to keep this information secure and not share it with third parties and to notify us immediately of any unauthorized use of your password and/or account. We will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your username, password and/or account.
If you decide to sign up via Facebook, you are responsible for ensuring that your registration information is updated with GrubEasy Interactive Labs in order to continue to use the Services.
We reserve the right to modify, suspend, interrupt, or terminate the Services at any time, without prior notification to you. We will not be held liable for any inconvenience or damage such actions have on you.
You are permitted to use the Services and this app subject to these Terms, and any acts, omissions, or encouragement to others to act or omit to act in opposition to these Terms is a violation.
TERMINATION OF USE
We reserve the right to terminate your access to and use of the Services for any reason, including but not limited to your violation of these Terms, without prior notice to you. We will not be held liable for any inconvenience or damage you may suffer as a result of such termination.
Upon termination, your ability to access or use the Site or Services will immediately cease. However, such termination does not relieve you of any obligations or promises made by you while using the Site or Services, whether made to us or to other users. Upon termination, those provisions that should survive termination will, including but not limited to disclaimers of warranty, limited liability, indemnification, and intellectual property protection.
Your permission to use the Services is conditioned upon the following Use Restrictions and Conduct Restrictions. You agree that you will not under any circumstances:
- Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
- Use the Services for any unlawful purpose or for the promotion of illegal activities;
- Attempt to, or encourage others to, harass, abuse, or harm another person or group;
- Use another User’s account without permission;
- Provide false or inaccurate information when registering an account;
- Make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- Bypass any robot exclusion headers or other measures we take to restrict access to the Services or use any software, technology, or device to scrape, spider, or crawl the Services or harvest or manipulate data;
- Publish or link to malicious content intended to damage or disrupt another User’s browser or computer
- Attempt to interfere with, or encourage others to, interfere with the Site’s functionality;
- Send spam; or
- Violate a third party’s confidentiality, privacy, or proprietary rights
This list is not exhaustive of prohibited behaviors, and we reserve the right, at our sole discretion, to take action against behaviors that are not contained in this list. We also reserve the right to enforce these rules, including but not limited to removing material that reflects the aforementioned activities, suspending an Account, terminating an Account, or removing content. GrubEasy Interactive Labs, however, does not have a duty or obligation to act against these types of behavior. Please promptly notify us at email@example.com or simply click the icon report on the app if you see any of this behavior taking place.
POSTING AND CONDUCT RESTRICTIONS
When you create an Account, you are permitted to submit user content (“User Content”). User Content is defined as, but not limited to, written posts, replies, comments, photos, videos, images, graphics, and reviews that are posted, submitted, transmitted, or otherwise made available via the Services by users. GrubEasy Interactive Labs does not create, endorse, or support such content, and is not responsible for the User Content that is posted, uploaded, linked to or otherwise made available via the Services. You agree that we are only acting as a passive conduit for this online distribution and publication of User Content. GrubEasy Interactive Labs, however, reserves the right to remove any User Content from the Services at its discretion.
The following rules pertain to User Content. By transmitting and submitting any User content while using the Services, you agree as follows:
- You are solely responsible for your Account and the activity that occurs while signed in to or while using your Account;
- You will not post information that is malicious, false or inaccurate;
- You will not provide false or inaccurate information when registering an Account;
- You will not submit content that violates third party proprietary rights, including but not limited to rights of copyright, trademark, privacy, publicity, confidentiality, or trade secret, etc., unless you are the owner of such rights or have the appropriate permission from the rightful owner to specifically submit such content; and
- You hereby affirm that we have the right and sole discretion to determine whether any of your User Content submissions are inappropriate and not in compliance with these Terms, remove a portion or all of such User Content, and restrict, suspend, or terminate your Account without prior notice to you due to violations of this section.
You understand and agree that you will not hold GrubEasy Interactive Labs responsible for any liability, loss or damage you incur as a result of or related to User Content that you (1) make available, (2) access, or (3) use. You post, use, and access User Content at your own risk. GrubEasy Interactive Labs does not control and is not responsible for other users’ or third parties’ use of your User Content, including but not limited to its display, reproduction, modification, derivatives, or performance. We do not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Services.
DISCLAIMER ON STATEMENTS
Opinions, advice, statements, advertisements, offers, feedback, reviews, articles, comments, tips, blog posts, reviews, challenges, contracts, agreements, understandings, promises, or other information or content made available through the Services (“Statements”) by other users or third parties, but not directly and explicitly by GrubEasy Interactive Labs, are not created, endorsed, or supported by us, nor do they reflect our opinion or experience. Such Statements are those of their respective authors, and you rely on them at your own risk. GrubEasy Interactive Labs does not guarantee the accuracy, completeness, usefulness, safety, value, or truth of Statements made on the Services and neither do we adopt nor endorse, nor is GrubEasy Interactive Labs responsible for, the accuracy or reliability of any opinion, advice, or statement made by individuals or entities other than GrubEasy Interactive Labs. You agree that GrubEasy Interactive Labs will not be held liable for any Statements are made by other users and third parties, and that we will not be held responsible for any loss or damage resulting from your reliance on Statements posted on the Services or transmitted to other users. Statements also include online challenges, and we advise that you receive clearance from your doctor before entering such challenges.
LINKS TO OTHER SITES AND/OR MATERIALS
As part of the Services, we, and other Users may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content, applications, software, or other items belonging to or originating from third parties (“Third Party Content”). Third Party Sites and Third Party Content (collectively “Third Party Products”) are provided as a courtesy to users of the Services. GrubEasy Interactive Labs did not create nor endorse, certify, or control Third Party Products or the promotions, materials, information, goods or services available with such products. Such Third Party Products are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Services or any Third Party Products posted on, made available through or installed from the Site or Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Products. Inclusion of, linking to, or permitting the use or installation of any Third Party Products does not imply approval or endorsement thereof by us. If you leave the Site and access Third Party Sites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our Terms and policies no longer govern. You should review the applicable terms and policies for those websites, including privacy and data gathering practices, of any Third Party Sites to which you navigate from the Site or relating to any Third Party Content you use or install from the Site.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
(a) Termination of Repeat Infringer Accounts. GrubEasy Interactive Labs respects the intellectual property rights of others and requests that Users do the same. Pursuant to 17 U.S.C. § 512(i) of the United States Copyright Act, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Services who are repeat infringers. We may terminate access for Users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
(b) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any User Content or material provided on the Services infringe upon your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (17 U.S.C § 512) (“DMCA”) by sending the following information in writing to GrubEasy Interactive Labs’s designated copyright agent (“DMCA Agent”) at:
ATTN: Director of Operations, GrubEasy Interactive Labs Inc. 54 W 40th Street New York, NY 10018 Email: firstname.lastname@example.org
- 1. The date of your notification;
- 2. The signature of the copyright holder or a person authorized to act on behalf of the copyright holder;
- 3. Identification or description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a are covered by a single notification, a representative list of such works (e.g. title, URL);
- 4. Identification or description of the work that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work (e.g. URL);
- 5. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or email address;
- 6. A statement that you have a good faith belief that use of the work in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- 7. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright holder.
(c) Counter-Notices. If you believe that your User Content or material that has been removed from the Site is not infringing, or that you have the authorization from the copyright holder, the copyright holder’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our DMCA Agent using the contact information set forth above:
- 1. Your physical or electronic signature;
- 2. A description of the content that has been removed and the location at which the work appeared before it was removed;
- 3. A statement under penalty of perjury that you have a good faith belief that the work was removed as a result of mistake or a misidentification of the work; and
- 4. Your name, address, telephone number, and email address
- 5. A statement that you consent to the jurisdiction of a federal court in New York and
- 6. A statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by our DMCA Agent, we may send a copy of the counter-notice to the original complaining party. If after ten (10) business days, the person who sent the DMCA has not taken legal action, we will inform the party who was alleged to have been infringing that it may repost the r work or material that was removed.
By posting any User Content via the Services, you expressly grant, and you represent and warrant that you have a right to grant, to GrubEasy Interactive Labs a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for the purposes of operation, improvement, promotion, or advertising of the Services.
GRUBEASY INTERACTIVE LABS’s INTELLECTUAL PROPERTY
All GrubEasy Interactive Labs’s content on the Site and Services are the sole property of GrubEasy Interactive Labs and its licensors. This includes, but is not limited to, copyrights, trademarks, service marks, trade secrets, trade names, trade dress, patents, newsletters, interactive features, videos, graphics, website layout, computer code, articles, blogs, promotions, and campaigns (“GrubEasy Interactive Labs Content”). Through your use of the Site and Services, GrubEasy Interactive Labs grants you a revocable, nonexclusive, nontransferable, non-sublicensable, worldwide license to display our content for purposes of the Services. You many not use, sell, reproduce, distribute, modify, display publicly perform, or prepare derivative works of GrubEasy Interactive Labs Content for any other purpose, including a commercial purpose, without our consent, except in the case of a display or reproduction that is connected to your use of the Services. In such case, proprietary notices must be put in place, but we reserve the right to object to any use of GrubEasy Interactive Labs Content by Users.
Third Party content and products that are mentioned on the Site and in the Services are not owned by GrubEasy Interactive Labs, and we cannot grant rights in such content and products. We reserve all rights that are not expressly granted to you under these Terms.
EMAIL MAY NOT BE USED TO PROVIDE NOTICE
Communications made through the Service’s e-mail and messaging system, will not constitute legal notice to GrubEasy Interactive Labs or any of our officers, employees, agents or representatives in any situation where notice to us is required by contract or any law or regulation.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
We may also use your email address, to send you other messages, including information about GrubEasy Interactive Labs and special offers. You may opt out of such email by changing your account settings or sending an email email@example.com. Opting out may prevent you from receiving messages regarding the GrubEasy Interactive Labs or special offers.
You agree to indemnify, defend, and hold harmless GrubEasy Interactive Labs, our owners, employees, interns, agents, licensors, suppliers, and affiliates, from any claim, action, suit, costs, demand, or expense, including reasonable attorneys’ fees and costs, made by you or any third party due to or arising out of or relating to your use of the Site or Services; your violation of any law or the rights of a third party; any breach by you of these Terms; or your acts, errors, or omissions, whether negligent or intentional, with respect to the subject matter of these Terms.
THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” AND “AS AVAILABLE” FOR USE, WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, GRUBEASY INTERACTIVE LABS EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE PRODUCTS OR SERVICES INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE DO NOT GUARANTEE, WARRANT, OR REPRESENT THAT ACCESS TO OR OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. YOU ACKNOWLEDGE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICES. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES
IN THE EVENT THAT YOU ARE DISSATISFIED WITH THE SITE OR ITS SERVICES, YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IS THE TERMINATION AND DISCONTINUATION OF ACCESS TO THE SERVICES.
WE, INCLUDING OUR AFFILIATES, DIRECTORS, EMPLOYEES, LICENSORS, OR PARTNERS, DISCLAIM ANY LIABILITY FOR ANY AND ALL (I) DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (II) LOSS OF PROFITS, (III) BUSINESS INTERRUPTION, (IV) REPUTATIONAL HARM, OR (V) LOSS OF INFORMATION OR DATA THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICES; (C) THE SERVICES GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH GRUBEASY INTERACTIVE LABS OR ANY OTHER USER OF THE SERVICE. THESE LIMITATIONS APPLY WHETHER THE LIABILITY IS BASED ON CONTRACTS, TORT, NEGLIGENCE STRICT LIABILIYT, OR ANY OTHER BASIS, EVEN IF GRUBEASY INTERACTIVE LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES BEFOREHAND.
IN CALCULATING THE MAXIMUM AGGREGATE LIABILITY FOR YOUR LOSSES OR DAMAGES THAT YOU MIGHT SUFFER AS RESULT OF YOUR USE OF THE SERVICES, YOUR RECOVERY IS LIMITED TO THE LESSER OF (1) THE AMOUNT YOU PAID, IF ANY, TO GRUBEASY INTERACTIVE LABS FOR USE OF THE SERVICES FOR THE THREE (3) MONTHS PRECEDING THE ACTION GIVING RISE TO LIABILITY, OR (2) $10.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW FOR ALL OF THE FOREGOING EXCLUSIONS AND LIMITATIONS, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree that any cause of action related to or arising out of your relationship with GrubEasy Interactive Labs must commence within ONE (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
If you have a dispute with one or more users, a restaurant or a merchant of a product or service that you review using the Services, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
If any part of these Terms is held invalid or unenforceable in a judicial proceeding, that portion of the Terms will be severed and become inoperative, and the remaining portions of the Terms will remain in full force and binding. Any failure on the part of GrubEasy Interactive Labs to enforce any provision of these Terms will not be considered a waiver of our right to enforce such provision. Upon termination, those provisions that should survive termination will, including but not limited to disclaimers of warranty, limited liability, indemnification, and intellectual property protection. These terms will inure to GrubEasy Interactive Labs’s successors and assigns. All modifications to these Terms must be in writing and signed by both parties.