TERMS OF USE FOR USER CONTENT

Thank you for submitting content to The Honest Kitchen (the "Site"). We call the services available on the Site the “Service(s).”

Like all online sites, we need to have Terms of Use (“Terms”). Please read these Terms carefully, and contact us if you have any questions. By submitting content, you agree to be bound by these Terms and by our Privacy Policy, whether or not you are a registered user of our Service. These Terms apply to all visitors, registered users, and others who access the Service (“Users”).

SHARING YOUR CONTENT

Your content - Anything that you upload 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, video, music and narrative is your own content, and is not copyrighted elsewhere.

How The Honest Kitchen can use your content - You grant us a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, display, reproduce, re-post, modify (e.g., re-format), re-arrange, and distribute your User Content 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 rights under separate licenses to User Content. Please remember that the Honest Kitchen’s 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 - Honest Kitchen may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, Honest Kitchen 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

To Honest Kitchen and our community - We ask that you review and agree to abide by our Post Etiquette. We must also insist that you only use our Service in a manner that is consistent with the Honest Kitchen’s Privacy Policy. We reserve the right, but are not obligated, to remove User Content from the Service for any reason, including User Content that we believe violates these Terms or the Honest Kitchen’s Privacy Policy.

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, videos, 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 Service 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 may or may not screen User Content, but that Honest Kitchen 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 reserves the right to decide, in its sole discretion, whether User Content violates these Terms. Without limiting the foregoing, Honest Kitchen 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 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, 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.

To third parties - Honest Kitchen values and respects the rights of third party creators and content owners, and expects you to do the same. You therefore agree that any User Content that you post to the Service does not and will not violate any law or infringe the rights of any third party, including without limitation any Intellectual Property Rights (defined below), publicity rights or rights of privacy. We reserve the right, but are not obligated, to remove User Content from the Service for any reason, including User Content that we believe violates these Terms or the Honest Kitchen’s Privacy Policy. It is important that you understand that you are in the best position to know if the materials you post are legally allowed. We therefore ask that you please be careful when deciding whether to make User Content available on our Service, including whether you can post or re-post User Content.

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 Service 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 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 does not waive any rights to use similar or related Feedback previously known to Honest Kitchen, or developed by its employees, or obtained from sources other than you.

POST ETIQUETTE

The following rules for posting on the Site help keep our community positive and to ensure that every post is helpful to other people:

    Only Post Your Own Content. You may only post your own unique experience with The Honest Kitchen. You may only post videos & images of your pet that belong to you – if you would like to post professional footage, 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 Service is a community of people. We know that individual tastes are personal, but please be respectful in your comments and conversations.
  • Report Objectionable Content. We do not allow content that we believe is not directly relevant to the purpose of Honest Kitchen If you find content that violates our Terms of Service or Privacy Policy, you can submit the content for review by emailing us.

HONEST KITCHEN’S CONTENT

Honest Kitchen’s 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 Content”) are the property of Honest Kitchen 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 Content without our permission.

Our license to you - Subject to the terms and conditions of these Terms and our Privacy Policy, we grant you a license to use the Service, including accessing and viewing Honest Kitchen’s Content, for your personal, noncommercial use to allow you to express yourself, discuss public issues, report on issues of public concern, engage in parody and as expressly permitted by the features of the Service. Honest Kitchen may terminate this license at any time for any reason or no reason. Except for the rights and licenses expressly granted, Honest Kitchen reserves all other rights and no other rights are granted by implication or otherwise.

COPYRIGHT AND TRADEMARK POLICY

Copyright Policy
Honest Kitchen 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 websupport@thehonestkitchen.com.

Trademark Policy
Honest Kitchen 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

We care about the privacy and security of our Users. You understand that by using the Service you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your Personally Identifiable Information collected, used, transferred to and processed in the United States. While we work to protect the security of your content and account, Honest Kitchen’s True Stories cannot guarantee that unauthorized third parties will not be able to defeat our security measures. You acknowledge that you provide your information at your own risk.

INDEMNITY

You agree to indemnify and hold harmless Honest Kitchen 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 Content, (ii) your User Content, or (iii) your breach of any of these Terms.

DISCLAIMERS

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 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 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 CONTENT, AND USER CONTENT REMAINS WITH YOU AND YOU USE THE SERVICES AT YOUR OWN RISK. YOU AGREE THAT NEITHER HONEST KITCHEN 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 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 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 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 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 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.

GOVERNING LAW

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, 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.

GENERAL TERMS

Notification Procedures and Changes to these Terms - Honest Kitchen may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, “push” mobile notification, written or hard copy notice, or through posting of such notice on our website, as determined by Honest Kitchen in our sole discretion. Honest Kitchen reserves the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in these Terms and our Privacy Policy. Honest Kitchen may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change the Terms in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these Terms or to any future Terms, do not use or access (or continue to access) the Service. Honest Kitchen is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.

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 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 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 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 in connection with the Service, shall constitute the entire agreement between you and Honest Kitchen 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 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.

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