TERMS OF SERVICES
Last Revised: February 2018
Acceptance of Terms
Service & The Chicory Product
The Chicory product a) analyzes Publisher Content to gain contextual insights about this content and End User purchase intent and b) allows End Users to easily consolidate and organize a shopping list made up of recipes and then send a list of consumer packaged good products necessary to make these recipes to various ecommerce retailers for checkout. This process includes various steps including but not limited to allowing the consumer to deselect items, consumer packaged good products, save recipes, create accounts, choose an online, and change the serving sizes of recipes. In order to facilitate this process for the End User, the Chicory product may include such shopping lists directly on third party sites and/or buttons that allow consumers to see what consumer packaged good products correspond to a given recipe and then send those consumer packaged goods to an ecommerce retailer for checkout. The Chicory Product includes but is not limited to:
Accounts that allow consumers to save recipes, view previously ordered recipes.
Technology to create food ontology including but not limited to API, API documentation, web scrapers, natural language processing, and all other methods of data capture, integration, analysis, and processing.
Technology to create organized and condensed shopping lists.
Food ontology including but not limited to the following data: recipe name, serving sizes, ingredient measurements, ingredient names, ingredient instructions, ingredient densities, categorization of ingredients including staple ingredients, categorization of recipes, ingredient synonyms, and ingredient substitutes.
Consumer interaction data with any and all interfaces of the Chicory product.
Business interaction data with any and all platforms of the Chicory product.
Technology that allows a consumer to send a list of products to an ecommerce retailer.
Technology that connects ingredients from recipes to products that an ecommerce retailer has in inventory.
Technology that analyzes Publisher content to gain contextual insights about this content and End User purchase intent
Publishers are responsible for any Content on the Publisher Site. You agree that any Content for which you are responsible will not:
- Infringe the copyright, trademark, trade secret, or other intellectual property or proprietary right of others
- Violate the privacy, publicity, or other rights of third parties
- Be false or inaccurate or become false or inaccurate at any time
- Be discriminatory, unlawful, tortious, obscene, fraudulent, defamatory, harmful, threatening, pornographic, indecent, vulgar, harassing, discourteous, hateful, abusive or racially, ethnically, religiously, sexually or otherwise offensive, as determined by us in our sole discretion
- Disclose or provide information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others
- Misrepresent the source of the Content
- Contain any virus, Trojan horse, worm, time bomb, cancelbot, or other disabling device or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
- Advocate or encourage any illegal activity; or
- Have the potential to create liability for us or cause us to violate the requirements of or to lose the services, in whole or in part, of our Internet service providers or other suppliers.
Recipe Into Reality Satisfaction Guarantee
Recipe Into Reality is not responsible for the selection of or distribution of any tangible items including but not limited to consumer packaged goods (known as the “Processing Activities”). All Processing Activities are handled by ecommerce retailers. Recipe Into Reality does not necessarily have working partnerships with ecommerce retailers even if the website and/or Chicory Product is linked, in any way, to an ecommerce retailery platform. All complaints, support, reimbursement, or feedback regarding the Processing Activities should be directed toward the customer service department of the ecommerce retailer with whom you have purchased products.
- modify, copy or use the materials except as expressly authorized by Recipe Into Reality;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Recipe Into Reality’s website;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or "mirror" the materials on any other server. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Recipe Into Reality at any time. Upon termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Use of Chicory with Ecommerce retailers
By accessing Ecommerce retailer data, including but not limited to inventory information, product information like product name, size, quantity and image, and location information and/or by creating an Ecommerce retailer account (Username and Password) through Recipe Into Reality and/or linking an Ecommerce retailer account to the Chicory Product, you hereby agree to the following: 1) that you have given permission to Recipe Into Reality Inc to have access to, store, and utilize your Ecommerce retailer login information. The only manner in which Recipe Into Reality Inc can utilize your Ecommerce retailer login information is to login into your account, offer products from the Ecommerce retailer that you may intend to order and place items that you intend to order in an Ecommerce retailer's digital shopping cart2) That you agree to Peapod’s Terms of Service and/or other Terms of Service outlined by respective Ecommerce retailers 3) You understand and acknowledge that Recipe Into Reality Inc is in no way affiliated with any Ecommerce retailers including but not limited to Peapod 4) That, by giving Recipe Into Reality access to your Ecommerce retailer account and login information you give Recipe Into Reality permissions to store and access such information and utilize it per the functions intended by Recipe Into Reality’s platforms 5) You assume all risk associated with giving Recipe Into Reality access to such account and login information
Recipe Into Reality does not guarantee that you can order any recipe from any of the recipe websites with which the Chicory Product currently work. The availability and price of tangible products is dependent on your location and the ecommerce retailery merchant who is facilitating your order. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the website without our express written permission
Data Rights and Publisher Privacy Policies
(i) Publisher works with a third party (i.e. Recipe Into Reality) for provision of shopping list and ingredient ordering services and, if applicable, advertisement delivery;
Recipe Into Reality may from time to time require Publisher to provide specific additional notice mechanisms consistent with applicable laws or industry self-regulations for the purpose of providing end users with information and choices in connection with online advertising.
Disclaimer of Warranty
ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, PLATFORMS, TECHNOLOGY OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A "LINKED SITE") ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. RECIPE INTO REALITY DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE BY ANY PARTY OTHER THAN RECIPE INTO REALITY, (B) ANY CONTENT PROVIDED ON LINKED SITES OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL RECIPE INTO REALITY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
Limitation of Liability
In no event shall Recipe Into Reality and its subsidiaries, affiliates, officers, employees, agents, partners and licensors be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Recipe Into Reality has been advised of the possibility of such damages), resulting from use of the website, content or any related services.
You agree to indemnify and hold Recipe Into Reality (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys' fees, or arising out of or related to your breach of these terms, or your violation of any law or the rights of a third party.
You agree not to:
- Harass, threaten, disrupt or defraud users, members or staff of Chicory or otherwise create or contribute to an unsafe, harassing, threatening or disruptive environment;
- Make unsolicited offers, advertisements, proposals, or send junk mail or “spam” to users;
- Impersonate another person or access another user’s account;
- Share Chicory-issued passwords with any third party or encourage any other user to do so;
- Misrepresent the source, identity, or content of information transmitted via the Site, including deleting the copyright or other proprietary rights;
External Links and Use of Chicory Product
Recipe Into Reality has not reviewed all of the sites linked to its website nor currently using its technology and is not responsible for the contents of any Linked Site. By providing links to other sites, Recipe Into Reality does not endorse, approve or guarantee the information, recipes or products available on these external sites. Use of any such linked web site is at the your own risk and responsibility.
DIGITAL MILLENNIUM COPYRIGHT ACT
Recipe Into Reality respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any content on our website, any Recipe Into Reality platforms, or offline deemed to have been posted or distributed in violation of any such laws. Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:
Recipe Into Reality, Inc.
137 Fifth Ave, 6th Fl
New York, NY 10010
If you believe that your work has been copied on Recipe Into Reality’s platform in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the platform where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
If you provide Chicory with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Site (“Feedback”), Chicory shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Site. You hereby grant Chicory a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.
These terms and the relationship between you and Recipe Into Reality shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and Recipe Into Reality agree to submit to the personal and exclusive jurisdiction of the local and state courts located within County of Madison, New York, and the federal courts located within the Northern Hamilton, California. The failure of Recipe Into Reality to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision. These terms constitute the entire agreement between you and us and govern your use of the website, superseding any prior agreements (including, but not limited to, any prior versions of these terms).