Welcome to Honest Kitchen’s True Stories! Honest Kitchen’s True Stories is an online service that allows you to share your pet’s story through a written narrative as well as through uploading photos. You can also view and follow stories of other pets, on www.thehonestkitchen.com/truestories (the "Site"). We call the services available on the Site the “Service(s).”
True Stories™ are presented for informational purposes only and are not intended as a medical endorsement for any product. The information presented is not intended to be a substitute for expert veterinary diagnosis and care. True Stories are written by actual customers in their own words who simply present their own observations and findings regarding their pets’ health, which may not be typical for other pets with similar conditions and have not been medically substantiated.
USING HONEST KITCHEN’S TRUE STORIES
Who can use Honest Kitchen’s True Stories - You may use the Service only if you can form a binding contract with Honest Kitchen’s True Stories, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under the age of 13 is strictly prohibited. Because we respect the Honest Kitchen’s True Stories community, the Service is not available to any Users previously removed from the Service by Honest Kitchen’s True Stories.
Your responsibility for your account - When you create your Honest Kitchen’s True Stories account, you must provide us with accurate and complete information. Please be sure to provide us with up to date contact information for you so we know how to reach you. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You are solely responsible for the activity that occurs on your account, and you agree to keep your account login and password secure. You must immediately notify Honest Kitchen’s True Stories of any compromise of your credentials you become aware of and any unauthorized use of your account.
Changes to the Service - Here at Honest Kitchen’s True Stories, we’re always innovating and finding ways to provide our Users with new and innovative features and services. Therefore, we may, without prior notice, change the Service; add features, stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service.
Your interactions with other Users - Please keep in mind that you are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Honest Kitchen’s True Stories will have no liability for your interactions with other Users, or for any User’s action or inaction. Please help to make Honest Kitchen’s True Stories a positive and respectful community.
SHARING YOUR CONTENT
Your content - Honest Kitchen’s True Stories allows you to post content on the Service, including photos, comments, and other materials. Anything that you post, display, or otherwise make available on our Service, including all Intellectual Property Rights (defined below) in such content, is referred to as “User Content.” You retain all of your rights in all of the User Content you post to our Service and you agree that all images and narrative is your own content, and is not copyrighted elsewhere.
How Honest Kitchen’s True Stories and other users can use your content - You grant us a non-exclusive, royalty-free, attribution-free, transferable, sublicensable, worldwide license to use, display, reproduce, re-post, modify (e.g., re-format), re-arrange, and distribute your User Content on Honest Kitchen’s True Stories for the purposes of operating and providing the Service(s) to you and to our other Users. You agree that content may be displayed or reproduced outside of the Web Site, and may include advertising (online, printed), newsletter posts, posters, booklets, and for editorial purposes. Nothing in these Terms shall restrict Honest Kitchen’s True Stories’ rights under separate licenses to User Content. Please remember that the Honest Kitchen’s True Stories Service is a public platform, and that other Users may search for, see, use, and/or re-post any User Content that you make publicly available through the Service.
How long we keep your content - Following termination or deactivation of your account, or if you remove any User Content from your account or your postings, Honest Kitchen’s True Stories may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, Honest Kitchen’s True Stories and other Users may retain and continue to display, reproduce, re-post, modify, re-arrange, and distribute any of your User Content that other Users have re-posted to their own boards or other social network properties (e.g., Facebook, twitter, pinterest) or which you have posted to public or semi-public areas of the Service.
YOUR RESPONSIBILITY FOR YOUR CONTENT
You shall be solely responsible for User Content that you upload, post, link, transmit or otherwise make available via the Site and the consequences of submitting and publishing your User Content on the Site. You may post comments, photos and other User Content and submit suggestions, ideas, comments, questions or other information, so long as the User Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam." You may delete any of your User Content at any time.
You agree not to use Honest Kitchen’s True Stories to:
1. conduct any commercial business;
2. harm minors in any way;
3. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. upload, post, link, transmit or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
5. upload, post, link, transmit or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
6. upload, post, link, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
7. upload, post, link, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
8. intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law;
9. stalk or otherwise harass another;
10. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in these Terms; or
11. upload, post, link, transmit or otherwise make available any User Content that;
• is offensive, indecent, objectionable, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable;
• contains any nudity at all or is pornographic or obscene;
• exploits any person, including children or minors; or
• discloses or contains any personally identifying information (like name or address) about any person who appears to be under the age of 18.
You acknowledge that Honest Kitchen’s True Stories may or may not screen User Content, but that Honest Kitchen’s True Stories and its designees shall have the right (but not the obligation) in their sole discretion to screen, refuse, remove, or edit (correcting The Honest Kitchen’s Trademarked product names) any User Content that is available via the Site. Honest Kitchen’s True Stories reserves the right to decide, in its sole discretion, whether User Content violates these Terms. Without limiting the foregoing, Honest Kitchen’s True Stories and its designees shall have the right to remove any User Content that violates these Terms or we believe is otherwise objectionable. You acknowledge, consent and agree that Honest Kitchen’s True Stories may access, preserve and disclose your account information and User Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms; (iii) respond to claims that any User Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Honest Kitchen’s True Stories, its Users and the public. You acknowledge that all User Content you post, link or otherwise make available on the Site will be publicly available and will not be deemed confidential under any circumstances.
Definition of Intellectual Property Rights - When we refer to “Intellectual Property Rights” in these Terms, we mean all patent rights; copyright rights (e.g., images taken by professional photographers); moral rights; rights of publicity; trademark, trade dress and service mark rights (and associated goodwill); trade secret rights; and all other intellectual property and proprietary rights as may now exist or hereafter come into existence, and all applications for any of these rights and registrations, renewals and extensions of any of these rights, in each case under the laws of any state, country, territory or other jurisdiction.
Feedback you provide - We value hearing from our Users, and are always interested in learning about ways we can make Honest Kitchen’s True Stories more useful. You may choose to or we may invite you to submit comments, ideas or feedback about the Service, including without limitation about how to improve the Service or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction; your disclosure will not place Honest Kitchen’s True Stories under any fiduciary or other obligation; and we are free to use, disclose and otherwise exploit the Feedback without any restriction and without additional compensation to you. By acceptance of your submission, Honest Kitchen’s True Stories does not waive any rights to use similar or related Feedback previously known to Honest Kitchen’s True Stories, or developed by its employees, or obtained from sources other than you.
The following rules for posting on the Site help keep our community positive and to ensure that every post is helpful to other people:
- Be Authentic. Honest Kitchen’s True Stories is an expression of your pet. We think that the most important thing is being authentic to who your pet. Being authentic will make Honest Kitchen’s True Stories the best resource available for all Users.
- Only Post Your Own Content. You may only post your own unique experience with The Honest Kitchen’s products. You may only post images of your pet that belong to you – if you would like to post a professional picture, please note that you must have the photographers approval for the image to be used online and possibly in print material. We may or may not be able to credit work.
- Be Respectful. Honest Kitchen’s True Stories is a community of people. We know that individual tastes are personal, but please be respectful in your comments and conversations.
HONEST KITCHEN’S TRUE STORIES CONTENT
Honest Kitchen’s True Stories Content - Except for User Content, the Service itself, all content and other subject matter included on or within the Service, and all Intellectual Property Rights in or related to the Service or any such content or other subject matter (“Honest Kitchen’s True Stories Content”) are the property of Honest Kitchen’s True Stories and its licensors. Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise exploit the Honest Kitchen’s True Stories Content without our permission.
COPYRIGHT AND TRADEMARK POLICY
Honest Kitchen’s True Stories has adopted and implemented the following Honest Kitchen’s True Stories Copyright and Trademark Policies in accordance with the Digital Millennium Copyright Act.
Honest Kitchen’s True Stories respects the intellectual property rights of others and expects its users to do the same. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users who infringe on the copyrights or other intellectual property rights of others. If you believe an infringement has been made, email email@example.com.
Honest Kitchen’s True Stories respects the trademark rights of others. Accounts with usernames or any other User Content that misleads others or violates another’s trademark may be updated, transferred or permanently suspended.
PRIVACY AND SECURITY
THIRD-PARTY LINKS, SITES AND SERVICES
The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Honest Kitchen’s True Stories. Honest Kitchen’s True Stories does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from the Service, you do so at your own risk and you agree that Honest Kitchen’s True Stories will have no liability arising from your use of or access to any third-party website, service, or content.
You agree to indemnify and hold harmless Honest Kitchen’s True Stories and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), arising out of or in any way related to (i) your access to or use of the Services or Honest Kitchen’s True Stories Content, (ii) your User Content, or (iii) your breach of any of these Terms.
THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND OTHER SUBJECT MATTER INCLUDED WITHIN THE SERVICES, ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, HONEST KITCHEN’S TRUE STORIES SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
HONEST KITCHEN’S TRUE STORIES takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You are solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your and other Users’ online distribution and publication of your and their User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES, HONEST KITCHEN’S TRUE STORIES CONTENT, AND USER CONTENT REMAINS WITH YOU AND YOU USE THE SERVICES AT YOUR OWN RISK. YOU AGREE THAT NEITHER HONEST KITCHEN’S TRUE STORIES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR RELATED TO THESE TERMS OR FROM THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, USER CONTENT, HONEST KITCHEN’S TRUE STORIES CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HONEST KITCHEN’S TRUE STORIES HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
IN NO EVENT WILL HONEST KITCHEN’S TRUE STORIES’S AGGREGATE LIABILITY, OR THAT OF ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, USER CONTENT OR HONEST KITCHEN’S TRUE STORIES CONTENT EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HONEST KITCHEN’S TRUE STORIES AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.
The Service is controlled and operated from its facilities in the United States. Honest Kitchen’s True Stories makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable national, state, local or other laws, statutes, directives, rules, regulations, and all interpretations or orders of any government, administrative or regulatory authority or court, including but not limited to those related to export and import of software, technical information or services. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Honest Kitchen’s True Stories, either specific or general, in jurisdictions other than California. These Terms shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. We each agree to submit to the personal jurisdiction of a state court located in San Diego County, California or the United States District Court for the Southern District of California – San Diego Division, for any actions for which either party retains the right to seek injunctive or other equitable relief, as further described in the Arbitration provision above.
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Honest Kitchen’s True Stories without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Export Control - Any software or technology obtained from Honest Kitchen’s True Stories through the Service originates in the United States and is subject to United States export laws and regulations. Such software and technology may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, software and technology obtained from Honest Kitchen’s True Stories may be subject to the import and export laws of other countries. It is your responsibility to comply with all U.S. and foreign export and import laws and regulations.
Entire Agreement/Severability - These Terms, together with any amendments and any additional agreements you may enter into with Honest Kitchen’s True Stories in connection with the Service, shall constitute the entire agreement between you and Honest Kitchen’s True Stories concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.
No Waiver - No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Honest Kitchen’s True Stories’ failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Contact - Please contact us with any questions regarding these Terms.
EFFECTIVE DATE AND FUTURE CHANGES
These Terms are effective as of February 2013. We may occasionally change these Terms. If we do, we will post the changes on the Site and the changes will take effect as soon as posted. You should check back at our Site periodically for changes and updates to these Terms.