Terms of Service
These Terms of Service outline the way we handle stuff, the limitation of liability, etc. In short they say:
- The information you post is public, unless you set it to be private.
- You promise to interact with the service truthfully.
- We will remove material we believe to be copyrighted.
- We are not liable for any loss you occur in connection with using the service, nor for content posted by users.
- You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content.
Apart from that, it mostly prevents abuse of Copy and Trademark Rights and ensures our lawyers can sleep at night.
We recommend you read it all.
Homekiki TERMS OF SERVICE
1. Acceptance of Terms
Subject to these Terms of Service, Homekiki may offer to provide the Services, solely for your own use, and not for the use or benefit of any third party, unless you decide to commercialize it or publish it yourself.
3. Registration and Eligibility
You may browse the Site and view Content without registering, but as a condition to using certain aspects of the Service, you are required to register. At this point you must provide Homekiki with accurate, truthful, and complete registration information to be eligible to use the service.
You may not: Provide any false personal information to Homekiki (including a false User Name) or create any account for anyone other than yourself without such person's permission, use a User Name that is the name of another person with the intent to impersonate that person, use a User Name or Homekiki account that is subject to any rights of a person other than you without appropriate authorization; or use a User Name that is a name that is otherwise offensive, vulgar or obscene or unlawful.
Homekiki reserves the right to refuse registration of, or cancel a User Name and/ or account at its discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Homekiki password.
You must immediately notify Homekiki in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms of Service and register for the Service.
The Service is not available to individuals below the age of 13.
Homekiki may, at its discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time.
You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you.
4. User Generated Content
All Content, whether publicly or privately posted, is the sole responsibility of the person who originated such Content.
Homekiki cannot guarantee the authenticity of user generated Content or data. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting there from. The term "Content" includes any information whatsoever made accessible by Homekiki on or through the Service.
Proprietary Content: The Service contains Content specifically provided by Homekiki and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.
5. Your User Submissions
We strive to be respectful about how we use your Submissions, especially those set to private. In addition to this we do NOT make any claims that the foregoing license granted to Homekiki affect your other ownership or license rights of your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s). Unless specifically agreed otherwise.
By submitting User Submissions to the Service, you grant Homekiki a worldwide, non-exclusive, royalty-free, fully paid, sub-licensable and transferable license to use, copy, edit, modify, reproduce, distribute, display and otherwise fully exploit the User Submissions. This includes for promoting and redistribution through any media channels (including third party websites and feeds).
For clarity, the foregoing license grant to Homekiki does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing with Homekiki.
You warrant that you have all rights to grant such license to us without infringement or violation of any third party rights.
You understand that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such Content originated; that Homekiki will not be liable for any errors or omissions in any Content; and that Homekiki cannot guarantee the identity of any other users with whom you may interact.
You understand that you are solely responsible for your online or offline communications and interactions with other users of the Service. Homekiki reserves the right to monitor the interactions between you and other users but is under no obligation to be involved in disputes that can arise between you and other users, and is not responsible nor is it liable for the conduct of users of the Service.
When you delete your User Submissions, they will be removed from view. However, the data will be kept on record and may be used by Homekiki, for example for, but not restricted to, use in anonymized format for statistical purposes.
6. Rules and Conduct
You promise not to use the Service for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Service.
Homekiki does not tolerate nudity and pornography, and will terminate any user who publishes or distributes such.
You shall not defame, stalk, abuse, bully, threaten, harass, intimidate, or impersonate people or entities and you must not post private or confidential information via the Service, including, without limitation, yours or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
You shall not: (i) take any action that may impose (as determined by Homekiki) an unreasonable or disproportionately large load on Homekiki's (or its third party providers') infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Homekiki may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run any form of auto-responder or "spam" on the Service; (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site; (vi) harvest or scrape any Content from the Service; or (vii) otherwise take any action in violation of Homekiki's guidelines and policies.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, provincial, national and international laws, rules and regulations.
8. Warranty Disclaimer
Save to the extent required by law, Homekiki has no special relationship with or fiduciary duty to you. You acknowledge that Homekiki has no control over, and no duty to take any action regarding: which users gains access to the Service; what Content you access via the Service; or what effects the Content may have on you.
You release Homekiki from all liability for you having acquired or not acquired Content through the Service. Homekiki will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.
Homekiki makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Service or any website linked to the Service.
You shall defend, indemnify, and hold harmless Homekiki , its affiliates and each of its employees, and its affiliates employees, contractors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, the Site, Service, Content, Add-to Link or otherwise from your User Submissions, violation of these Terms of Service, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Homekiki reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
10. Limitation of Liability; waiver
All liability of Homekiki, its directors, employees, agents, representatives, partners, suppliers or content providers howsoever arising for any loss suffered as a result of your use of the site, service, content, user submissions or add-to link is expressly excluded to the fullest extent permitted by law, save that, if a court of competent jurisdiction determines that liability. Under no circumstances will the Homekiki parties be liable to you following any damage or loss of any kind.
Although it is Homekiki's intention for the Service to be available at most times possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, due to failure of telecommunications links and/or equipment, or for emergency repairs.
1. Cook Applications: Content. As a Cook, you determine the terms upon which your Event will be provided. You will submit an application to us that contains: (i) content and images that provide biographical information about you and a description of your meals and proposed Events, (ii) the price to be paid for the meals and (iii) all applicable policies, restrictions and contractual arrangements (e.g., cancellation policies and liability waivers required for all Guests) applicable to the Event and Guests (collectively, "Rules").
2. User purchase. Homekiki provides a platform through which Users can elect to purchase meals or products from Cooks and Artisans. As a User, you understand that Homekiki's only role is to facilitate communications between Cooks/ Artisans and Users for the purpose of Transactions and it's not responsible for content provided to the Site by Cooks and Artisans or any aspect of the Transaction itself.
3. Cook & Artisans Commitments. By participating as a Cook or Artisan, you represent and warrant: (i) that the information you submit to us or post on the Services regarding your meals or products are true and accurate; (ii) that you will make the meals and products available to Users in accordance with the information you provide and at the times and locations specified; (iii) that you have obtained and will maintain all necessary certifications and licenses and that you comply with all legal requirements, including but not limited to all applicable laws and industry standards (including business licenses, applicable food handling requirements, fire codes, zoning requirements, any required health and safety inspections and, to the extent applicable, the collection and remittance of sales taxes); (iv) that you will provide the Transaction without imposing restrictions or policies not listed in the Rules; (v) that you will not accept any gratuity or require additional payments not listed on the Site and Services; You further agree that unless you obtain the express written consent of any User, you will use any contact information that the User provides to you only to communicate with the User about your Transaction and for no other purpose.
4. User Commitments. By participating as a User, you represent and warrant: (i) that you will comply with the Rules; (ii) not solicit Cooks or Artisans or other Users for any commercial, religious or other reasons; (iii) arrive on time and at the stated location to purchase the meals or products and (iv) pay the agreed upon price for the meals or product. You, as a User, agree and acknowledge that, to the extent stated in the Rules, Cooks or Artisans, in their sole discretion, reserve the right to refuse participation in an Transaction without refund, including to provide a meal or product, if you violate any of the Rules.
5. Relationship between Users and Cooks and Users and Artisans. Users understand that Cooks and Artisans prepare and provide meals and products in their private homes. Homekiki does not control the quality, safety, or legality of meals and products ,(including the meals and products, the ability of Cooks or Artisan to provide meals, or the ability of Users to pay for Transaction. If you are a User, you provide to each Cook or Artisan the covenants provided to Homekiki in Sections 1(e).
Homekiki's LEGAL DISCLAIMERS
1. Compliance with Laws. As noted above, Cooks and Artisans are solely responsible for compliance with all applicable laws, rules, regulations and local ordinances, including without limitation, obtaining necessary permits and/or licenses, including business licenses, alcohol licenses and any other applicable license, compliance with fire codes, zoning ordinances and any required or applicable health and safety rules, regulations or inspections (collectively, “Regulations”), collection and payment of any applicable taxes or other payments that may be applicable to Events. Homekiki makes no representation relating to and does not offer any opinion, recommendation, or advice regarding the legality of, tax implications and liabilities of, or any licenses, permits or other consents that may be necessary to provide any Transaction. Should you have any questions regarding laws or regulations applicable to providing meals or products or regarding consents/applications/licenses necessary to provide any meal or transaction , you should consult your own legal counsel. You further agree that you, as a Cook or Artisan, are solely responsible for your Transactions and agree to indemnify, defend and hold harmless Homekiki from any claims, suits, losses, damages, costs and expenses (including reasonable attorneys' fees) relating to or arising from your Transaction, including any violation of any Regulations, or other taxes and payments which may be applicable to your Event.
2. No Identity Verification by Homekiki. You acknowledge and understand that Homekiki does not attempt to confirm, and does not confirm, any user's (whether Cook or Artisan or User) purported identity. We do not investigate any user's reputation, conduct, morality, criminal background or verify the information that any user submits to the Site. We do not endorse any persons who use or register for the Services, whether as Users or Cooks or Artisans. You are responsible for determining the identity and suitability of others whom you may contact or who may contact you by means of the Site. You agree to exercise caution and good judgment in all interactions with other users. Homekiki encourages you to communicate directly with others through the tools available on the Site and to review your Cooks' or Artisans' profile pages for feedback from other users. You may also wish to consider using a third-party service that provides additional user verification.
3. Release of Liability and Hold Harmless. To the extent permitted under applicable laws, you hereby release Homekiki from any liability related to: (i) any incorrect or inaccurate Content posted on the Services, whether caused by us or any user of the Services, or by any of the equipment or programming associated with or utilized in the Services; (ii) the conduct, whether online or offline, of any Cook or Artisan or User; (iii) any injury, loss or damage caused by another user, a Transaction, any meal, or Content posted on the Services, whether online or offline; and (iv) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Services' users' communications. If you are a California resident, you hereby waive California Civil Code Section 1542, which states: "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."
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK AND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND SERVICES AND ANY CONTENT OR INFORMATION PROVIDED BY THE SITE OR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND HOMEKIKI HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE AND SERVICES AND ANY CONTENT OR INFORMATION PROVIDED BY THE SITE OR SERVICES EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT. HOMEKIKI DOES NOT WARRANT THAT THE SITE OR SERVICES OR ANY CONTENT PROVIDED BY THE SITE OR SERVICES, INCLUDING ANY USER CONTENT, WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TYP OR ITS AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY.
4. Limitation on Liability. NEITHER HOMEKIKI, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR USE OF THE SITE OR SERVICES OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY CONTENT OR OTHER INFORMATION AVAILABLE ON THE SITE OR SERVICES, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE. THE FOREGOING WILL APPLY EVEN IF HOMEKIKI WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE SITE OR SERVICES OR THESE TERMS YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE SITE OR SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR (AND OUR SUPPLIERS') LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO FIFTY US DOLLARS ($50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HOMEKIKI AND YOU.