Feastery: A members-only gourmet concierge

FEASTERY TERMS OF SERVICE

Welcome to Feastery!

Feastery, Inc. is a service provider that connects its members to offers from local merchants for a variety of goods and services. By using the services of the Feastery website, you acknowledge and agree to all of the following Terms of Service, including our Privacy Policy.

I. TERMS OF USE

1. Eligibility And Acceptance Of Terms.

You must be 18 years old and able to form a legally binding contract to be eligible to use Feastery’s services.

Feastery reserves the right to cancel, suspend, or temporarily deactivate unconfirmed or inactive accounts or accounts that violate any of these Terms of Service. Feastery reserves the right to refuse service to anyone, for any reason, at any time.

These Terms of Service (“Terms”) apply to all users of the Feastery website (“Site”). By using Feastery’s (“we” “us” or “our”) services and the Feastery website (including any content posted on the Site), you (“you”) signify your acceptance of these Terms and the Feastery Privacy Policy, which is incorporated by reference into these Terms and made a part hereof. If you do not agree to the Terms of Service, you must discontinue using the Site.

References to “content” herein refer to all aspects of the Site, including but not limited to all products, software, and services offered via the Site, as well as all text, images, photos, video, audio, source code, articles, design, and all other forms of data or communication created, posted, displayed, or transmitted by or onto the Site.

By using this Site, you agree to comply with all of the Terms hereof. The right to use this Site is personal to you and is not transferable to any other person or entity.

You agree that:

(1) you will provide a valid email address and select a secure and confidential password upon registration with the Site;

(2) in your use of our services, you will maintain and contribute decent and appropriate conduct and content at all times;

(3) you will take all appropriate measures to keep your password secure and confidential and to keep your account information updated and accurate; (4) you will notify us immediately of any unauthorized use of your account; and

(5) Feastery will not be held liable for any loss or damage incurred as a result of use of the service.

You understand that Feastery is not the seller of the goods or services advertised on the Site. Feastery is a service provider and transaction handler for third party merchants (“Merchants”) Feastery offers Signature Certificates, Select Certificates, and Showcase Tasting events, which we refer to collectively as vouchers ("Vouchers"). They that can be redeemed in connection with the purchase of goods or services from the Merchant. The Merchant, not Feastery, is the seller and provider of the goods and services.

Feastery is not the agent of any Merchant and takes no responsibility for the services or products for which Feastery vouchers may be redeemed. Feastery makes no warranty as to the quality, safety, usability, or other aspect of the product or service for which Feastery vouchers are redeemed. Some services for which Feastery vouchers can be redeemed may involve activities that involve potential bodily harm. Feastery is not liable for any costs, harm or damages that occur as a result of, either directly or indirectly, these, or any other service or activity offered. You are responsible for your own actions in utilizing the services for which Feastery vouchers can be redeemed.

You acknowledge that sometimes there may be interruptions in service or events that are beyond the control of Feastery, and Feastery shall not be responsible for any data lost while transmitting information on the Internet. While it is Feastery’s objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason, including without limitation for routine maintenance.

Feastery shall have the right at any time to change or discontinue any aspect or feature of Feastery, including, but not limited to, content, hours of availability and equipment needed for access or use.

2. Modification of Terms.

Feastery may, in its sole discretion, modify or revise these Terms of Service, including without limitation the Feastery Privacy Policy, at any time by posting the amended terms on this Site. Feastery additionally will notify you via the email address provided upon registration, so you must ensure that Feastery’s email is not filtered from your Inbox by your ISP or email software. You agree that your use of the Feastery Site, after the date on which the Terms of Service changed, will constitute your acceptance of the updated Terms of Service, and that you agree to be bound by such modifications or revisions.

3. Equipment.

You shall be responsible for obtaining and maintaining all Internet access, telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. Feastery shall not be liable for any damages to the End User's equipment resulting from the use of this Site.

4. Use of the Site.

Subject to the restrictions in these Terms, Feastery hereby grants you permission to use the Site and access its services solely for your individual and personal use and as intended through the normal functionality of the Site and its service.

Except for allowing you to use the Site for your personal use as set forth in the paragraph above, when you use the Site you are NOT receiving a license or any other rights from us, including intellectual property or other proprietary rights of Feastery or any of our users. YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE SERVICES OR ANY OTHER FEASTERY PROPERTY EXCEPT AS WE INDICATE IN THESE TERMS. We reserve all rights not expressly granted, in and to the Site, its content and Service.

Use of the Site and its services is void where prohibited.

5. Restrictions on Use.

Feastery reserves the right to modify, suspend, or discontinue access to its services for any reason, including but not limited to a violation of any of the restrictions below.

In your use of the Feastery Site and service you agree that you will not:

a. Use the Site or its service for any phishing, spoofing, illegal or fraudulent activity or to violate laws in your jurisdiction;

b. Exploit the Site or its service to access unauthorized information;

c. Use the Site for any commercial or promotional activities or sales efforts without prior written consent from us;

d. Copy, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the content of the Site, in whole or in part, without our prior consent;

e. Use the Site or its service to attack, threaten violence, stalk, harass, incite, harm, or intimidate any other user, person or organization, or to engage in any other threatening behavior;

f. Transmit or post any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, fraudulent, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable, for example, any materials containing slurs, hate speech or which attack an individual or group on the basis of race, color, religion, national origin, or sexual preferences;

g. Transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam (sending the same message multiple times or to multiple people will be treated as spam), chain letters, contests, pyramid schemes, surveys, or any other form of solicitation or mass messaging, whether commercial in nature or not;

h. Knowingly transmit any material that contains adware, malware, spyware, 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;

i. Use the Site to solicit information from minors or to harm or threaten to harm minors;

j. Engage in or contribute to any wrongdoing that may create any liability for Feastery;

k. Use the Site in a manner that, or post to the Site any material that infringes or violates any third party rights including breach of confidence, copyright, trademark, patent, trade secret, moral rights, privacy rights, right of publicity, or any other intellectual property or proprietary right;

l. Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;

m. Interfere with or disrupt or attempt to disrupt the Site or servers or networks connected to the Site, or cause excessive traffic demands on the Site’s technology infrastructure, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site or our services;

n. Engage in the unauthorized use, copying, or distribution of any of the Site’s content;

o. Circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein;

p. Reverse engineer any portion of the Site, except as may be permitted by law;

q. Process, collect or record user information or Site content, or otherwise access the Site without the Company’s permission, using automated means, such as but not limited to robots, spiders, scrapers, or site search/retrieval applications;

r. Contribute content that contains restricted access mechanisms, hidden content of any kinds, or utilize SQL injection or cross site scripting methods;

s. Use the Site or any content to transmit any computer virus, worm, defect, Trojan Horse, or any other item of a destructive nature;

t. Upload any virus or malicious code.

6. Your content.

By submitting content to the Site, you grant to Feastery and its successors in business a perpetual, worldwide, irrevocable, royalty-free, and non-exclusive license to use, reproduce, distribute, sub-license, modify, edit, publish, translate, display, perform, adapt, create derivative works from and market and promote the content, for any commercial purposes, and in any medium now existing or hereinafter developed, and to use the content without your prior approval or the payment of any compensation. You also grant each user of Site a non-exclusive license to access your content as permitted through the functionality of the Site and under these Terms. Feastery will not use or disclose your personally identifiable information, except in accord with our Privacy Policy.

By posting content to the Service, you also hereby represent and warrant that you have the right to post that content and to grant the foregoing rights to Feastery (and its affiliates and sublicensees).

You take sole responsibility for all content that you post on the Site and the consequences of posting that content. You are responsible for obtaining all necessary rights to upload, post and distribute all content, including obtaining permission from any person shown in a photo that you upload or that is identified in any writing that you post.

7. Privacy.

WE MAKE NO GUARANTEE OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED TO OR FROM THE SITE. You acknowledge that any content you post on the Site is a public and not private communication. Others may ead and view your communications without your knowledge.

We do not control or endorse the content, messages or information posted by third party users. We will not be liable for the privacy of any of your or any other third party postings to the Site and specifically disclaim any liability resulting from such postings and communications, including any objectionable content.

Please also see our complete Privacy Policy, incorporated into these Terms of Service by reference.

8. Copyright and Trademarks.

Everything located on or in this Site is the exclusive property of Feastery, Inc. or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF FEASTERY, INC. IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.

This Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, and sounds. The Feastery Site is protected by copyright under the United States and international copyright laws. Feastery owns copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content created by Feastery. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download, print, or save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Feastery and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.

You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

Feastery, the Feastery logo, the Feastery "F" logo, "deals for foodies," "A members-only gourmet concierge," "Feastery Approved", "Feastery Partners", "Signature Certificate," "Showcase Tastings," "Select Certificates," "Feastery Rewards," "Feastery Heritage Collection," and other names, logos, slogans, icons and marks identifying Feastery products and services are trademarks of Feastery, Inc. All rights in respect of this trademark are hereby expressly reserved. You may not use any Feastery mark without prior written permission from Feastery, Inc. Unless otherwise indicated, all other trademarks appearing on the Site are the property of their respective owners.

9. DMCA Notice.

Pursuant to the Digital Millennium Copyright Act (DMCA), Title 17 of the U.S. Code, Section 512, Feastery has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to our designated copyright agent:

a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

d. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

e. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

f. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to our designated agent as follows:

Feastery, Inc. (d/b/a Feastery)
dmca@feastery.com

10. Disclaimer of Warranty; Limitation of Liability.

YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER FEASTERY, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE.

THIS SITE IS MADE ACCESSIBLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT Feastery IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH END USER.

THE MERCHANTS OFFERING PRODUCTS AND SERVICES THROUGH THIS SITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF Feastery. Feastery, ITS AFFILIATES AND EMPLOYEES ARE NOT AGENTS OF THE MERCHANTS OFFERING SERVICES AND GOODS VIA Feastery AND ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH MERCHANTS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. Feastery HAS NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY MERCHANT CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND Feastery’S DIRECT CONTROL.

IN NO EVENT SHALL Feastery, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS SITE OR THE CONTENTS HEREOF, INCLUDING ANY SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE.

IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER Feastery, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS SITE OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.

11. Monitoring.

Feastery shall have the right, but not the obligation, to monitor the content of the Site at all times, including any chat rooms and forums that may be included as part of the Site, to determine compliance with these Terms and any operating rules established by Feastery, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Feastery shall have the right to remove any material that Feastery, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

12. Indemnity.

You understand that you are personally responsible for your behavior while on the Site, the content you post, and your use of the services we provide. You agree to indemnify and hold Feastery, and its affiliates, business partners, and their respective officers, directors, employees, and agents, harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys' fees) arising from: your use of the Feastery services or access to the Site; any fraud or manipulation by you; your violation of any of these Terms; your violation of any applicable law or the rights of any third party, including without limitation any copyright, property, or privacy right; or any claim that one of your submissions or any of your content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Site.

13. Termination and Survival.

Feastery may terminate this agreement at any time. Without limiting the foregoing, Feastery shall have the right to immediately terminate any of your passwords or accounts in the event of any conduct by you which Feastery, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of these Terms. The provisions of Sections 1, 2, 4, 5, 6, 8, 9, 10, 12, 13 will survive termination of this Agreement.

14. Links and Third Party Content.

This Site may contain content that is submitted by third party members. You acknowledge that by using the Site, you may be exposed to content that you find objectionable, or which is inaccurate, misleading or incomplete. We are not responsible for the accuracy, completeness or usefulness of any content, nor do we make any endorsement claims for the Site’s third party content. You use the Site and the content at your own risk.

The Site, or third party users and members, may provide links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials contained in or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any third party site or resource.

Feastery reserves the right to disable any link or remove any third party content at any time in its sole discretion.

15. Miscellaneous.

a. Entire Agreement.
These Terms and any operating rules for Feastery established by Feastery constitute the entire agreement of the parties with respect to the subject matter hereof.

b. Severability and Waiver.
If any part of these Terms is held invalid or unenforceable, then that part will be modified or construed to reflect the parties' original intention. All remaining provisions will remain enforceable and in full force and effect. A waiver by either party of any term or condition, or a failure to act on any breach thereof, in any one instance, will not waive such term or condition or the right to act on any subsequent breach thereof, or of any other provision

c. No Agency.
No agency, partnership, joint venture, or employment is created as a result of these Terms, and you do not have any authority of any kind to bind Feastery in any respect whatsoever.

d. No Assignment.
These Terms, and any rights granted hereunder, are not assignable, transferable or sublicensable by you except with our prior written consent. Any assignment attempted to be made in violation of these Terms shall be void.

e. No Third Party Beneficiaries.
Nothing in these Terms shall be deemed to confer any third party rights or benefits.

f. Headings.
The section headings used herein are for convenience only and shall be of no legal force or effect.

g. Choice of Law and Forum.
These Terms are governed by, and will be interpreted in accordance with, the laws of the State of California, without regard to any choice of law provisions. Any claim or dispute between you and Feastery that arises in whole or in part from the Site or its service shall be decided exclusively by a court of competent jurisdiction located in San Francisco, California.

h. Contact and Violations.
Violation of any of these Terms may result in removal of your postings and termination of your account. Questions about the Terms of Service may be emailed to: support@Feastery.com

If you belief that any postings on the Site violate these Terms, please let us know by sending an email to: support@Feastery.com.

By placing an Order, you make an offer to us to purchase the vouchers you have selected on the terms and conditions stated below.

The Feastery voucher you purchase is redeemable for goods or services by the seller of such goods and services (the “Merchant"). The Merchant, not Feastery, is the seller of the goods and services. You are encouraged to review the Merchant’s Terms and Conditions, which apply to your purchase.

1. Terms and Conditions for Restaurant Vouchers

For this section, Restaurant shall be defined as a Merchant who offers food and beverages for sale in its regular business operations, makes greater than thirty percent of its revenue from food, and is making such food and/or beverages available to purchasers of Feastery vouchers.

II. TERMS OF MEMBERSHIP

1. Membership application process

a. By Requesting Membership you authorize us to you notify you of your eligibility to become a member using the email address you provide. We may also use this email address to contact you regarding ways you can expedite your membership request. After receiving a membership invite you will be required to complete an online membership application. We reserve the right to reject your membership application based on any information you provide.

b. After requesting a membership you will be issued a unique invite link that is associated with your account. You agree to use this link responsibly and to only share it with unique individuals who may be interested in Feastery. Any improper use of this link including but not limited to the fraudulent creation of multiple invite requests for a single individual, etc will result in your membership request being denied and your account terminated. You will also be blocked from future use of Feastery for a minimum of one year.

IV.  REFUND POLICY

Feastery does not offer refunds. Before placing an order on Feastery, please carefully review your selection. Once you have made a purchase you agree to not dispute or otherwise seek a “chargeback” from Feastery through your credit card company. We reserve the right to freeze or terminate your account if you puruse a "chargeback."

In the event that a merchant partner has gone out of business and made it impossible for you to use your voucher we will provide you a Feastery credit for the amount you paid, which can be used for future purchases on Feastery. To report such an issue and claim your credit you must notify us of the merchant closure while your voucher is still valid.