FOODPAIRING® INDIVIDUAL MEMBERSHIP TERMS OF SERVICE
Last revised March 10, 2014
Important notices when you use the Services as a consumer:
These Terms of Service, which constitute a binding agreement between you and our company, contain a clause on tacit renewal of a services agreement. Any fee-based subscription automatically renews for the previously selected subscription period (this is monthly or yearly, at the choice of the User) unless this renewal is turned off via your account at least 24 hours before the end of the selected subscription period. For fee-based subscriptions for a yearly subscription period, the User (only when he uses the Services as a consumer) can terminate the agreement without cost at any time after renewal, upon giving prior notice of 2 months, in which case the User is deemed to have ordered the renewed Services on a monthly basis (including applicable fees) and not on a yearly basis.
In case of a fee-based subscription, the consumer does not have the right to withdraw from the purchase.
CONTACT DETAILS AND AGREEMENT
FOODPAIRING® is a registered trade mark of the company FOODPAIRING NV.
FOODPAIRING NV is a limited liability company established in accordance with the laws of Belgium, having its registered offices at 8310 Brugge (Belgium), Nijverheidsstraat 7. It is registered with the Belgian trade register under nr. 0818.030.890.
The following FOODPAIRING® Individual Membership terms of service (hereinafter the "Terms of Service") govern use of the services as described under section 3 of the Terms of Service (hereinafter the "Services"), as provided by FOODPAIRING NV (“FOODPAIRING NV”, “we”, "us", “our” or any similar expression) via the website www.foodpairing.com (hereinafter the "Website"), by all those who access the Services, including without limitation persons and representatives of entities, whether such representatives are persons or digital engines of any kind that crawl, index, scrape, copy, store or transmit digital content (collectively, “you”, “User”, “your” or any similar expression).
Please read the rules contained in these Terms of Service carefully. By registering or using any aspect of the Website or the Services, you agree to comply with these Terms of Service. In addition, you will be asked to actively accept the Terms of Service upon registration. If you cannot agree with these Terms of Service, please do not register for or use the Website and/or the Services.
These Terms of Service may be modified from time to time, without any liability to FOODPAIRING NV. You will be notified of any new version of the Terms of Service by a notification on the Website. We strongly encourage you to always read through the latest version of the Terms of Service as they can contain provisions which are of importance to you; the revision date is mentioned at the top of the document. In case you do not agree with the changes to the Terms of Service as notified, we ask you to discontinue the use of the Website and Services: (a) for a monthly fee-based subscription, the change will not be applicable to you (provided you have terminated the service at the end of the then-current subscription period); (b) for a yearly fee-based subscription, please contact us via email on email@example.com to preliminarily terminate your account, in which case you will be refunded pro rate. Your continued use of the Website and the Services will constitute your acceptance of any changes or revisions of the Terms of Service.
SERVICESThe Services consist of FOODPAIRING NV making available of and granting access to the Website, containing information in regard to a large selection of food ingredients and beverages. Dependent on the membership plan chosen (see section 3.2), the User has access to one or both functionalities offered on the Website, and this to the extent according to the selected membership plan.
- OVERVIEW OF THE SERVICES OFFERED
Create a recipe with a twist:
The User is granted access to a large number of existing recipes. An existing recipe includes 1 picture, the recipe description, preparation and ingredient list. The User can personalize the recipe by a ‘twist recipe’ feature. One or more ingredients from the ingredient list can be changed by the User through a pre-defined list. In this way the User adds a twist to an existing recipe.
Create a recipe from scratch:
If included in the membership plan, the User can select products as an inspiration for making new recipes. A User can select a main ingredient and possible combinations are suggested by us based on the scientific analysis of the main food product. Each suggested ingredient has a compatibility score in relation to the main ingredient. A User can choose more ingredients and built new recipes, add quantities, preparation method and add images. The tool will auto-save your new recipes. The Services do not include access to the database with flavor components per product, or specific knowledge on how a certain combinations work.
- MEMBERSHIP PLANS
The Services can be classified in four different account types or membership plans: FREE, LITE, PRO and EXPERT account, which have different features. The subscription fee varies for each of these membership plans. These Terms of Service govern the use of all these account types. Each account type has restricted access to the content, actions, and features of the Services. Details on which features, functions, actions and content are included in each account can be consulted on the ‘Pricing plans’ page. A LITE, PRO and EXPERT account can be obtained when a fee is paid in accordance with the provisions in section 5 (Fees).
Upon making use of the Services, you acknowledge and agree that FOODPAIRING NV may establish general practices and policies concerning use of the Services, including, without limitation, the maximum number of recipes, pictures, the maximum size of the pictures that a user may submit.
FOODPAIRING NV reserves the right to change or discontinue any of the Services or parts of the Website at any time, without notice for any or no reason. In case of a free subscription (FREE membership plan), FOODPAIRING NV incurs no liability whatsoever for such change or discontinuance. In case of a paid subscription (LITE, PRO and EXPERT membership plan) as a consumer (with the exclusion of all other circumstances), and in the event of a change of the Services and/or the Website, you have the right to discontinue to use the Service and ask for a reimbursement (always on a pro rate basis) of the fees already paid in the event your rights are materially adversely impacted. In case of a paid subscription (LITE, PRO and EXPERT membership plan) as a consumer (with the exclusion of all other circumstances), and in the event of a discontinuance of (part of) the Services and/or the Website, you have the right to ask for a reimbursement on a pro rate basis.Subject to the agreement to these Terms of Service, FOODPAIRING NV shall supply the Services to User and grant the User a personal, non-transferable, non-exclusive, terminable license to use the Services (and the Website) from the date when you register for the Services and/or use a Service and pay for the Services (hereinafter the "Effective Date"), and this for the period from the Effective Date until the agreement between you and us is terminated in accordance with the provisions herein, provided that the User fully complies with the provisions of these Terms of Service.
Subscribing to the Services is easy. You select the membership plan of your interest and complete the information for account creation (email, password and password confirmation), your desired payment periodicity and billing information (payment method and personal information). By submitting the request by clicking on the "Verzenden" button, your request will be processed. Before your order is placed, you will receive an overview page of your order. Please review this page carefully before submitting the order as it will be definitive after such submission.
- OVERVIEW OF THE SERVICES OFFERED
REGISTRATION AND ACCOUNT CREATION
- REGISTRATION INFORMATION
You are required to register to gain access to any Services. In order to do so, you are required to choose a password, provide e-mail address, age (for purposes of establishing legal drinking age) and country; and, depending on the account type, payment details (hereinafter “Registration Information”). You agree and represent that all Registration Information provided by you is accurate, current and complete. You may not impersonate, imitate or pretend to be somebody else when registering and/or setting up an account. If any of your Registration Information changes, you must update it by using the appropriate update mechanism provided in the services. If Registration Information is provided which is untrue, inaccurate, inappropriate, or outdated, or, if FOODPAIRING NV has reasonable grounds to suspect that such is the case, FOODPAIRING NV has the right to disable or terminate the User’s account and refuse any and all current or future use of the Services.
- USE OF ACCOUNT AND PASSWORD
If you register an account, you will be solely responsible for maintaining the confidentiality of your Registration Information. The User is solely liable for the choice of a sufficiently secure password as well as for keeping it from others. FOODPAIRING NV cannot be held liable for loss of the password chosen to access the User’s account. An e-mail requesting the retrieval of a lost password can be demanded on the Services by you. You may not authorize others to use your Registration Information. You may not sub-license, transfer, sell or assign your Registration Information and/or the present agreement with us to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of your agreement with us. If FOODPAIRING NV has reasonable grounds to suspect such a sharing of Registration information of any kind, FOODPAIRING NV has the right to terminate the account and refuse any refund. You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your Registration Information, with or without authorization, or who has access to any mobile or other device on which your account resides or is accessible. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your Registration Information), you must promptly change the affected Registration Information by using the appropriate update mechanism on the Services, and/or notify our Service Manager by sending an email to firstname.lastname@example.org.
- TECHNICAL REQUIREMENTS AND AVAILABILITY
To have the ability to access the Services, the User must obtain Internet access and pay any service fees associated with such access, if any. In addition, it is the User’s sole responsibility to obtain and maintain hardware in proper working order (i.e. computer, modem, and/or other devices) as necessary to make such a connection to the Internet. Furthermore, in order to have the ability to access the Services, the hardware must be equipped with a recent version of the supported Internet browsers.
Supported Internet browsers (CSS3 compatible browsers are supported only):
- Internet Explore IE9 or higher
- Safari 4 or higher
- Firefox 3.5 or higher
- Opera 10 or higher
FOODPAIRING NV will make reasonable efforts to ensure the availability of the Website and/or the Services. Should any unavailability arise despite these efforts, FOODPAIRING NV will not be liable therefore. As such, you acknowledge that we have the right at all time to perform planned and unplanned maintenance to ensure delivery of and improve the Website and/or the Services. Please also see section 7.
- REGISTRATION INFORMATION
In consideration for the provision of the Services according to the selected membership plan, the User shall pay FOODPAIRING NV the non-refundable subscription fee when the User has registered for a paying account type. The subscription fee is indicated on the Website, both including and excluding VAT. It is your own responsibility to verify whether or not VAT is due by you and to make the necessary payments in this respect.
A monthly (you pay each month in advance) or yearly (you pay 12 months in advance) subscription period can be chosen when registering for a fee-based subscription. Twenty-four (24) hours prior to the end of your selected subscription period (monthly or yearly), the reoccurring fee shall be collected correspondingly to your subscription period, unless you have not renewed the Service in accordance with this section. The chosen subscription period has no effect on the features of the provided Services. Please visit the ‘Pricing plans’ page for more details.
Any fee-based subscription automatically renews for the previously selected subscription period (this is monthly or yearly, at the choice of the User) unless this renewal is turned off via your account at least 24 hours before the end of the selected subscription period. Your Atos Visa/Mastercard/PayPal or other account where applicable will be charged for renewal of your subscription within 24-hours prior to the end of the subscription period.
For fee-based subscriptions for a yearly subscription period, the User (only when he uses the Services as a consumer) can terminate the agreement without cost at any time after renewal has taken place, upon giving prior notice of 2 months sent by email to FOODPAIRING NV, in which case the User is deemed to have ordered the renewed Services on a monthly basis (including applicable fees) and not on a yearly basis.
When the automatic renewal of a fee-based subscription is turned off, the respective Services will remain available until the end of the subscription period, then the Services will revert back to a FREE version. A fee-based subscription cannot be cancelled, unless where stated otherwise in the Terms of Service.
Users reserve the right to turn off renewal of their subscription or terminate their account with ongoing paying Services at any time; FOODPAIRING equally has the right to oppose to the renewal of the subscription at any time and without motivation by sending an email to the User to the email address given by the User. This right expires 24 hours before the ending of the subscription period. When an account is terminated by the User, the Services will be available until the end of the subscription period. No refunds will be given, unless when otherwise provided in these Terms of Service. A User can manage and terminate their account with ongoing paying Services utilizing the appropriate mechanism provided in the Services.
Except when explicitly provided otherwise in these Terms of Service, parties agree that no refunds shall be due in any circumstances.
When the subscription fee is accepted by FOODPAIRING NV, the User will receive an e-mail acknowledging that payment has been received, this e-mail allows the activation of the registered Services. In the event that the subscription fee, as appropriate, is not collected in accordance with the provisions herein, FOODPAIRING NV may deny you access to the Services without notice.
If payment cannot be charged to your credit card or your payment is returned to FOODPAIRING NV for any reason, including charge back, FOODPAIRING NV reserves the right to either suspend or terminate your account and all its obligations under its agreement with you.
As far as allowed under the applicable law, FOODPAIRING NV reserves the right to change the amount of, or basis for determining, any fees at the renewal of the agreement, and to institute new fees, at its own discretion, effective upon prior notice to you or to change applicable fees during the term of the agreement (for yearly fee-based subscriptions) for causes outside of FOODPAIRING NV's reasonable control.
USE OF SERVICESThe Services are not intended for use by children, especially those under age 13. No one under age 13 is allowed to provide any personal information or use our public discussion areas, forums and chats, if available. Minors between the ages of 13 and 17 must get the permission of their parent(s) or legal guardian(s) before making purchases of any kind.
- RIGHT OF WITHDRAWAL
Under certain jurisdictions, consumers have a right to withdraw from distance contracts within a certain period of time. However, you expressly acknowledge wishing to receive the Services we provide to you as from the moment you have ordered and paid for these. As a result, you do not have the right to withdraw from the purchase.
- GENERAL USE
Unless otherwise specified, the Services are intended for your personal use only. You may not authorize others to use the Services with your Registration Information, and you are responsible for all use of the Services by your account and by those you allow to use, or provide access to, the Services. You may not impersonate, imitate or pretend to be somebody else when using the Services.
FOODPAIRING NV reserves the right to terminate accounts which are suspected to be shared with other people or for any or no reason, without notice.
You may not upload or transmit any data, text, graphics, content, or material that: is false or misleading; is defamatory; invades another's privacy; is obscene, pornographic, violent or offensive; promotes bigotry, racism, hatred, or harm against any individual or group; infringes another's rights, including any intellectual property rights; violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; spreads messages of terror or depicts torture; harm minors in any way, this includes any form of child pornography; promotes illegal activity, including but not limited to, gambling and the offering for sale of illegal weapons. You may not upload or transmit any data text, photographs, images, video, audio or other material that is encrypted; that constitutes junk mail, spam, advertising, and/or commercial offers.
You are responsible for ensuring that any graphics, text, photographs, images, video, audio or other material your account provides to or posts on the Services does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is provided or posted with the permission of the owner(s) of such rights.
You agree to use the Services only for lawful and ethical purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
You may not access, tamper with, or use any non-public areas of the Services or FOODPAIRING NV’s computer systems or the technical delivery systems of FOODPAIRING NV’s providers. You may not attempt to probe, scan, or test the vulnerability of the Website and/or Services or any related system or network or breach any security or authentication measures; without limitation, by using administrator passwords or by masquerading as an administrator while using the Services or otherwise. You may not attempt to decipher, decompile, disassemble, extract or reverse engineer any of the software, databases and content thereof and/or any content used to provide the Services. You may not interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Website and/or Services; or abuse system resources including, but not limited to, employing content which consume excessive CPU time or storage space; utilizing excessive bandwidth; or resale of access to content hosted on FOODPAIRING NV servers.
FOODPAIRING NV shall have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and security-related issues, to the fullest extent of the law. FOODPAIRING NV may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service.You agree that FOODPAIRING NV and its third party service providers are not responsible for, and shall have no liability to you, with respect to any maintenance and support services with respect to the Services. FOODPAIRING NV reserves the right, but undertakes no duty, to provide any maintenance or support services. If you feel the need for support with respect to the services, you as a User hold the right to contact our Service Manager by sending an email to email@example.com.
- PROPRIETARY RIGHTS
All right, title, and interest in and to the Website and/or Services (and all content incorporated therein, such as texts, images, sound, graphics, photographs, designs, logos, and any other content) are and will remain the exclusive property of FOODPAIRING NV. The Website and/or Services (and all content incorporated therein) are protected by copyright, trademarks, and other laws of both Belgium and foreign countries. Except as expressly permitted in these Terms of Service, the User may not reproduce, modify, or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Services or the contents of the Website. The User acknowledges that all materials provided through the Services, including but not limited to information, documents, products, logos, graphics, sounds, GUI, software, and services, are provided either by FOODPAIRING NV or by their respective third party authors, developers and vendors and the underlying intellectual property rights are owned by FOODPAIRING NV and/or its third party providers.
You agree that FOODPAIRING NV will hold all intellectual property rights and other commercial rights in relation to any content you generate by using the Website and/or the Services in which such rights would be vested.To the extent allowed by applicable law and except as expressly provided otherwise in this agreement between you and FOODPAIRING NV, you agree that by posting messages, uploading text, graphics, photographs, images, video or audio files, inputting data, or engaging in any other form of communication with or through the Services, you grant us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, translate, enhance, transmit, distribute, publicly perform, display, or sublicense any such communication (including your identity and information about you) in any medium (now in existence or hereinafter developed) and for any purpose, including commercial purposes, and to authorize others to do so.
- RESPONSIBILITY FOR DATA
While FOODPAIRING NV tries to ensure that the Services are error free, it cannot guarantee that recipes, pictures, combinations or any other content will not be deleted or lost. The User acknowledges and agrees that FOODPAIRING NV will not be responsible or liable for any failure of the Services of the storage of those data. The User acknowledges and agrees that FOODPAIRING NV will not be responsible for the deletion of a recipe, picture, combination or any other content stored or processed during the provision of the Services.
FOODPAIRING NV reserves the right, but undertakes no duty, to review, edit, move or delete any material provided for display or placed on the Services in its sole discretion, without notice.You agree that FOODPAIRING NV and its third party service providers are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates the provisions of these Terms of Service.
- LINKS TO THIRD PARTY WEBSITES
The Services may make available links to third-party websites. The User acknowledges and accepts that FOODPAIRING NV is not responsible or liable for: the availability or accuracy of such websites; or the content, products, or services on or available from such websites. Links to such websites do not imply any endorsement by FOODPAIRING NV of such websites or their content, products, or services available from such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites.
- COPYRIGHT AND INTELLECTUAL PROPERTY
FOODPAIRING NV respects the copyright and/or intellectual property rights of others and expects our users to do the same. Unauthorized copying, modification, distribution, public display, or public performance of a copyrighted work is an infringement of the copyright holder's rights, and expressly prohibited under the Services.
FOODPAIRING NV will not be liable for any damages claimed as a result of FOODPAIRING NV’s services, information, or products.
FOODPAIRING NV may, at its discretion, remove or disable access to content of which FOODPAIRING NV has reason to believe it may be infringing copyright and/or the intellectual property rights of others or FOODPAIRING NV , or otherwise potentially expose FOODPAIRING NV to civil or criminal liability. Should Users breach these conditions, FOODPAIRING NV reserves the right to terminate that User's account immediately, without recourse to refunding any monies paid. However, such rights shall in no way create an obligation for FOODPAIRING NV to edit or review the Website(s) or Content of the Services.If you believe that your work has been copied and is accessible on the Services in a way that constitutes copyright or intellectual right infringement, or that the Services contain links or other references to another location that contains material or activity that infringes your copyright rights, please notify FOODPAIRING NV by e-mail to info@Foodpairing.com. In order to allow FOODPAIRING NV to examine your claim, please include the following information in your notice:
- Your name, address and contact details.
- The title upon which your claim is based, including, where applicable, a copy of the registration of that title.
- The content of the website of which you claim it infringes your intellectual property rights, including a link to the specific page on which the content is displayed or otherwise made available.
- Where applicable and to the extent possible, the identity of the User of whom you suspect he has made the content available on the Services
If for any reason, the e-mail address firstname.lastname@example.org is unavailable and you receive a delivery failure notice, please attempt to resend the notice one day after your first attempt. If the problem persists, please address your notice by letter to the following address:
FOODPAIRING INTELLECTUAL PROPERTY NOTICES
Upon receipt of your notice, FOODPAIRING NV makes reasonable efforts to examine your claim within a reasonable delay and to take appropriate action if FOODPAIRING NV deems the claim sufficiently substantiated. Such action may include, at FOODPAIRING NV's discretion, the removal of the content from the Website and the discontinuation of the Services to the User whom has posted the content or has made it otherwise available. FOODPAIRING NV expressly reserves the right to contact the individual concerned to allow him or her to defend the claim. The removal of content by FOODPAIRING NV pursuant to a notice sent in accordance with this section 4.5 shall in no way imply any acknowledgment of negligence or wrongdoing by FOODPAIRING NV.
Third party service providers will never be responsible for the investigation, defense, settlement and discharge of any intellectual property infringement claims.
Foodpairing, the Foodpairing logo, and all other Foodpairing trademarks, service marks, product names, and trade names of Foodpairing appearing on the Website and/or the Services are owned by FOODPAIRING NV or a third party right holder. The User may not use or display any trademark, service mark, product name, trade name, or logo appearing on the Website and/or the Services without the owner's prior written consent.
We strive to provide an enjoyable experience for our users, so we may monitor activity on the services to foster compliance with this Terms of Service or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. All Users of the Services hereby specifically agree to and accept such monitoring. Nevertheless, we do not make any warranties or guarantees that: the Services, or any portion thereof, will be monitored for accuracy or unacceptable use, apparent statements of fact will be authenticated, or we will take any specific action (or any action at all) in the event of a dispute regarding compliance or non-compliance with this Terms of Service.
You represent and warrant to FOODPAIRING NV that you are not a competitor of FOODPAIRING NV and that publicly unannounced information and materials pertaining to FOODPAIRING NV, pre-release software, testing or testing procedures shall be kept strictly confidential and none of the information gained from access to the Website or use of the Services shall be used to compete with FOODPAIRING NV’s business. If FOODPAIRING NV has reasonable grounds to suspect that such is the case, FOODPAIRING NV has the right to disable or terminate the User’s account and refuse any and all current or future use of the Services.
- RIGHT OF WITHDRAWAL
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICES AT YOUR OWN RISK. THE SERVICES ARE PROVIDED "AS IS", AND THE FOODPAIRING NV, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICES. FOODPAIRING NV, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SERVICES.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, FOODPAIRING NV, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF THE SERVICES HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SERVICES, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICES, YOUR USE OF, INABILITY TO USE OR RELIANCE ON THE SERVICES OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE SERVICES, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; IN no event, FOODPAIRING NV's TOTAL AND AGGREGATE liability arising out of or related to this agreement, whether arising out of or related to any breach of contract, tort (including negligence), contractual or other indemnification obligation or otherwise, WILL exceed THE EQUAL OF THE FEES PAID BY THE USER TO FOODPAIRING NV FOR USE OF THE SERVICES DURING A PERIOD OF SIX MONTHS PRIOR TO THE DAMAGE-GENERATING FACT HAS occurred.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY AGREE TO RELEASE FOODPAIRING NV, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES.FOODPAIRING NV can be contacted at email@example.com in case of dissatisfaction with any aspect of the Services or the Terms of Service.
ADDITIONAL RULESFOODPAIRING NV reserves the right to communicate through the Services or otherwise, from time to time, additional terms of usage that apply to specific parts of the Services. Your continued use of the Services constitutes your agreement to comply with these additional rules.
NOTICEFOODPAIRING NV reserves the right to provide you with notices, including those regarding changes to the Services by communicating through the Services or otherwise.
SEVERABILITYIn the event that any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions of these Terms of Service will remain in full force and affect, and the invalid or unenforceable clause will be replaced by a clause which fits as closely as possible to the intention of the original clause. Headings in the Terms of Service are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
INDEMNIFICATIONYou agree to indemnify, defend and hold harmless FOODPAIRING NV, its parent, subsidiary and affiliated entities, and third party service providers, and each of their respective officers, directors, members, employees, independent and sub-contractors, agents, representatives, successors and assigns from and against any and all claims and liabilities, including attorney fees which may arise from your submissions, from your unauthorized use of material obtained through the Services, or from your breach of your agreement with FOODPAIRING NV, or from any such acts through your use of the Services and/or the Website.
RELATIONSHIPThe User and FOODPAIRING NV are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the agreement between you and FOODPAIRING NV.
ASSIGNMENTCustomer may not assign any of its rights, or delegate any of its duties, under its agreement with FOODPAIRING NV, and any attempted assignment will be null and void.
FORCE MAJEUREOperation of the Services may be interfered with by numerous factors outside of our control and FOODPAIRING NV shall not be liable to the User for any delay or failure in performance under its agreement with User resulting directly or indirectly from causes beyond FOODPAIRING NV’s control.
WAIVERThe failure of FOODPAIRING NV to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision.
Your agreement with FOODPAIRING NV will be archived, the details of which will be accessible via your personal account on the Website.
If you have any questions about these Terms of Service, please contact FOODPAIRING NV at info@Foodpairing.com.Complaints about violators of the Terms of Service should be sent via e-mail to info@Foodpairing.com. Each complaint will be investigated and may result to immediate cancellation of Services without prior notice.
GOVERNING LAW AND JURISDICTION
These Terms of Service and any action related thereto will be governed by the laws of Belgium without regard to its conflict of law provisions. The Belgian courts shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms of Service, and for those purposes irrevocably submit all disputes to the jurisdiction of the those courts.For the exclusive benefit of FOODPAIRING NV and to the extent possible in the applicable jurisdiction, FOODPAIRING NV shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms of Service are entered into in the course of your trade or profession, the country of the place of business in which you agreed to these Terms of Service or (if different) the country of your principal place of business.