MEAL SHARING’S TERMS OF SERVICE
  • Last modified November 7th, 2012

    Terms of Service

  • Meal Sharing, LLC ("Meal Sharing") owns and operates Meal Sharing, an online platform that enables users to expand their palettes and social circles through dining at homes ("Venues") the world over and through writing about their experiences on user profiles ("Services"). By using the Service or by accessing [www.mealsharing.com] (“Site”), you are agreeing to be bound by the following terms and conditions ("Terms of Service").

  • Meal Sharing reserves the right to update and change the Terms of Service from time to time without advance notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service.

  • By continuing to access or use the Site and Service after we have posted a modification to these Terms of Service on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service.

  • You agree to use the Service at your own risk and subject to the terms set forth below. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site or Services. Violation of any of the terms below will result in the termination of your account and may subject you to civil and criminal penalties.

  • REGISTRATION AND SECURITY

  • As a condition to using the Service, you are required to register with Meal Sharing and select a password and enter your email address ("User ID"). You shall provide Meal Sharing with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account.

  • You may not (i) use as a User ID a name of another person with the intent to impersonate that person or (ii) use as a User ID a name subject to any rights of a person other than you without appropriate authorization. Meal Sharing reserves the right to refuse registration of, or cancel a User ID in its discretion.

  • You shall be responsible for maintaining the confidentiality of your password and agree to take full responsibility for any activities conducted under your account, regardless of whether you authorized such activities.

  • You agree to notify Meal Sharing immediately if your User ID has been compromised.

  • PRIVACY POLICY

  • Your data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at [https://www.mealsharing.com] (the "Privacy Policy").

  • USER RESPONSIBILITY

  • Meal Sharing has no control over the representations or actions of its users. Although these Terms require users to provide accurate information, we do not attempt to confirm, and do not confirm, any user’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Site and Services.

  • By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against the particular user or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Meal Sharing with respect to such actions or omissions.

  • GIFTS GIVEN TO HOSTS

  • A user may decide, at their own discretion, whether to bring a gift for the host. However, under no circumstances will a gift be considered compensation for the meal.

  • GENERAL USE RESTRICTIONS

  • By using the Service, you represent that you are at least eighteen (18) years old and human (rather than a “bot” or other automated process). You represent that all information provided by you to Meal Sharing through the Service or by other means is accurate. You may not use the Service for any illegal or unauthorized purpose, including but not limited to any use that violates any government law or regulation, infringes upon intellectual property, or tortiously harms another person or entity in any form.

  • Without limitation to any of the foregoing, you additionally agree that

  • 1. You will not modify, adapt or hack the Service or Site.

  • 2. You will not modify another website so as to falsely imply that it is associated with the Service, or any other Meal Sharing service.

  • 3. You will not reproduce, duplicate, copy, reverse engineer, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Meal Sharing.

  • 4. You will not engage in verbal, physical, written or other abuse (including threats of abuse or retribution) of any Meal Sharing user, customer, employee, member, or officer. A violation of this provision will result in immediate Account termination.

  • 5. You will not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages in any way to Meal Sharing users, customers, employees members, or officers or to anyone through use of the Service or Site.

  • 6. You will not transmit any worms or viruses or any code of a destructive nature to Meal Sharing users, customers, employees, members, or officers, or to any individual through use of the Service or Site.

  • 7. You will not access, tamper with, or use non-public areas of the Services, Meal Sharing’s computer systems, or the technical delivery systems of Meal Sharing’s providers.

  • 8. You will not probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures.

  • 9. You will not forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information.

  • 10. You will not interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Services.

  • CONTENT RESTRICTIONS

  • Users may not post, upload, publish, submit or transmit any content that:

  • 1. 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;

  • 2. violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;

  • 3. is fraudulent, false, misleading or deceptive;

  • 4. is defamatory, obscene, pornographic, vulgar or offensive;

  • 5. promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;

  • 6. is violent or threatening or promotes violence or actions that are threatening to any other person; or

  • 7. promotes illegal or harmful activities or substances.

  • Meal Sharing has the right to edit, remove, or delete any content at any time.

  • CONTENT OWNERSHIP

  • For purposes of this Agreement, the following definitions shall apply:

  • “Meal Sharing Content” includes all images, videos, audio files, text, graphics, and other information or materials made available by Meal Sharing through the Site or Service.

  • “User Content” includes all images, videos, audio files, text, graphics, and other information, posted through the Site or Service by users under their User ID.

  • “Meal Sharing and User Content” includes both User Content and Meal Sharing Content.

  • Under their User IDs, users may upload, publish, transmit, submit, and post User Content. By posting User Content to the Site or through the Service, you grant Meal Sharing and its users a royalty-free, non-exclusive, irrevocable, perpetual, and transferable worldwide license with the rights to modify, sublicense, display, perform, transmit, adapt, merge, distribute, sell, or otherwise exploit, the User Content. Meal Sharing does not, however, claim ownership of any User Content and nothing in this Agreement shall be construed to restrict your rights to the User Content that you post or otherwise publish.

  • You are solely responsible for all User Content posted by you through the Site or Service. You represent and warrant that you either are the sole and exclusive owner of all User Content posted by you through the Site or Service or you have all rights, licenses, consents and releases that are necessary to grant the rights in such User Content. You additionally represent and warrant that your posting, upload, or otherwise transmitting of User Content through the Site or Service shall not infringe, misappropriate, or violate a third party’s trademark, copyright, patent, trade secret, or any other intellectual property right, or a third party’s right of publicity or privacy, or result in violation of any applicable law or regulation.

  • Meal Sharing and User Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in this Agreement, Meal Sharing and its licensors exclusively own all right, title, and interest in the Meal Sharing and User Content, including all associated intellectual property rights. You shall not obscure, diminish, or destroy any trademarks, service marks, or notices accompanying the Meal Sharing and User Content.

  • Meal Sharing grants you a limited, non-exclusive, non-transferrable license to access, view, and print Meal Sharing and User Content for your non-commercial, at-home use. You shall not receive any other rights under this license beyond the terms specifically enumerated in the preceding sentence or elsewhere in this Agreement. No license by implication is intended or granted to you.

  • The Site and Service, including but not limited to their underlying code and "look and feel," are protected by copyright, trademark, and other laws of the United States and foreign countries. Meal Sharing exclusively owns all right, title and interest in and to the Site and the Service, including all associated intellectual property rights. Without limiting the foregoing, you may not duplicate, copy, or reuse any portion of the computer code, HTML/CSS or visual design elements of the Site or the Service without express written permission from Meal Sharing.

  • THIRD PARTY WEBSITES AND CONTENT

  • The Site may contain links to third party websites or content from third party websites that are not controlled under this Terms of Service agreement. You acknowledge that Meal Sharing is not liable or responsible for any third party websites or any third party content, information or products made available at third party websites. You acknowledge sole responsibility and assume all risk arising from your use of any such websites or resources.

  • THIRD PARTY WEBSITES AND CONTENT

  • You are solely responsible for properly canceling your Account. Account cancellation requests must be submitted via email. Cancellations by phone or sent via any other means will not be considered valid.

  • All of your Content will be deleted from the Service upon cancellation. This information cannot be recovered once your Account is cancelled.

  • Meal Sharing, in its sole discretion, has the right to suspend or terminate your Account and refuse any and all current or future use of the Service for any reason at any time. The reasons for this might include your violation of these Terms of Service. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account.

  • Meal Sharing reserves the right to refuse service to anyone for any reason at any time.

  • REPORTING MISCONDUCT

  • If you share a meal with a host or guest who you feel is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Meal Sharing by contacting us with your police station and report number at [[email protected]]; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

  • DISCLAIMERS

  • Your use of the Service or Site is at your sole risk. THE SERVICE AND SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MEAL SHARING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, SERVICES, AND CONTENT, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. Meal Sharing does not warrant that (i) the Service or Site will meet your specific requirements, (ii) the Service or Site will be uninterrupted, timely, secure, or error-free, (iii) the information or Meal Sharing and User Content viewed on the Service or Site will be accurate, reliable, or truthful or complete (iv) the quality of any products, services, meals, social encounters, information, or other material purchased, obtained, or experienced by you through the Service will meet your expectations, and (v) any errors in the Service or Site will be corrected.

  • YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS OF, ALL ONLINE OR OFFLINE COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES.

  • MEAL SHARING DOES NOT SCREEN OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SITE OR SERVICE, NOR DOES IT ATTEMPT TO VERIFY ANY USERS’ STATEMENTS MADE THROUGH THE SITE OR SERVICE. MEAL SHARING IS NOT RESPONSIBLE FOR AND MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACTIONS OF ANY USERS OF THE SITE OR SERVICES.

  • MEAL SHARING IS NOT LIABLE FOR ANY FOOD PREPARED BY A HOST AND DOES NOT ENSURE THAT ANY OF THE HOST’S HOME COOKED MEALS ARE SAFE FOR CONSUMPTION.

  • YOU AGREE TO TAKE ALL REASONABLE PRECAUTIONS AND EXERCISE GOOD JUDGMENT IN YOUR INTERACTIONS AND COMMUNICATIONS WITH OTHER USERS OF THE SITE AND SERVICE AND IN CONSUMING HOME COOKED FOOD.

  • INDEMNITY

  • You agree to defend, indemnify, and hold Meal Sharing, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with (i) your access to or use of the Site or the Service; (ii) your violation of these Terms of Service; or (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right by you or your mobile app; or (iv) your use of the Site or Services to interact or communicate with other users, including your decision to host a meal for other users or go to another user’s Venue for a meal.

  • LIMITATIONS OF LIABILITY

  • You expressly understand and agree that Meal Sharing shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Meal Sharing has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service or Site; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service or Site; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service or Site; (v) or any other matter relating to the Service or Site. In no event shall Meal Sharing’s liability to you exceed the amount actually paid to Meal Sharing by you during the preceding 12 months. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

  • GOVERNING LAW

  • These Terms of Service and any action related thereto will be governed by the laws of the State of Illinois without regard to its conflict of laws provisions. Any disputes relating to these Terms of Service or the Service or Site will be heard in the courts located in Illinois.

  • DISPUTE RESOLUTION

  • You agree that for any dispute you have with Mealsharing, you will first contact us and attempt to resolve the dispute with us informally. In the unlikely event that MealSharing is not able to resolve the dispute with you, we each agree that any claim or controversy (excluding claims for injunctive or equitable relief) arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein.

  • ARBITRATION PROCEDURES

  • 1. Fees. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. If you believe you cannot afford the AAA’s fee, you may apply to the AAA for a fee waiver.

  • 2. Selection of the Arbitrator. The parties, using the AAA’s standard procedures, will select a single arbitrator from a roster of neutrals prepared by the AAA.

  • 3. Arbitration Process.

  • a. If you are seeking less than $10,000, the arbitrator will decide the dispute based only upon the parties’ written submissions and, if requested by either party, a telephonic hearing. The parties may submit to the arbitrator written statements setting forth their positions no later than 30 days after the arbitrator’s appointment. Each party may also submit a rebuttal or supplemental statement within 10 days after initial statements are due. If a telephonic hearing is requested, it will occur within 45 days after the arbitrator’s appointment.

  • b. If you are seeking at least $10,000 but less than $50,000, any initial written statements will be due within 60 days after the arbitrator’s appointment, and any rebuttal or supplemental statements will be due within 15 days after initial statements are due. A telephonic hearing is required and will occur within 90 days after the arbitrator’s appointment.

  • c. If you are seeking $50,000 or more, initial written statements are required and must be submitted to the arbitrator within 90 days after his or her appointment. Any rebuttal or supplemental statements will be due within 30 days after initial statements are due. The hearing before the arbitrator must be in-person, unless both sides agree to a telephonic hearing, and will occur at a location to be determined by the arbitrator within 6 months after his or her appointment.

  • d. The above rules also apply to claims or counterclaims brought by MealSharing.

  • 4. Communications with the Arbitrator. Whenever communicating with the arbitrator, the parties must include each other – for example, by including the other party on a telephone conference call and copying the other party on any written submissions, such as letters or emails. To the extent practicable, conferences with the arbitrator will take place by telephone conference call or email. Ex parte communications are not permitted with any arbitrator.

  • ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND MEALSHARING ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

  • LANGUAGES

  • If you use a translation service to view the Site, be advised that the translation may contain inaccuracies. As such, the only information you may rely on is the information found in the original, English language version of the Site.

  • MISCELLANEOUS PROVISIONS

  • If any of these Terms of Service is found to be inconsistent with applicable to law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Meal Sharing’s failure to enforce any of these Terms of Service is not a waiver of such term. The Terms of Service are the entire agreement between you and Meal Sharing and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Meal Sharing about the Service or Site. The content owner ship rights, disclaimer of warranties, indemnities, limitations of liability and general provisions shall survive any termination of these Terms of Service.

  • Questions about these Terms of Service should be sent to support at ([email protected]).