Project Foodie Mobile App
PROJECT FOODIE MOBILE APP
Effective Date: October 12, 2017
1. Your Agreement
YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE A DUTY TO READ THIS AGREEMENT BEFORE YOU INSTALL AND RUN THIS APP ON YOUR MOBILE DEVICE. YOUR INSTALLATION, USE, OR OPERATION OF THIS APP CONSTITUTES YOUR MANIFESTATION OF ASSENT TO AND ACCEPTANCE OF THE TERMS OF THIS AGREEMENT. IF IPC MOBILE MODIFIES, CHANGES OR DISCONTINUES THE TERMS OF THIS AGREEMENT, THE EFFECTIVE DATE, LOCATED ABOVE, WILL CHANGE. YOUR INSTALLATION OR USE OF THE APP AFTER A CHANGE IN THE EFFECTIVE DATA OF THIS AGREEMENT CONSTITUTES YOUR ACCEPTANCE OF AND MANIFESTATION OF ASSENT TO ANY MODIFICATION, CHANGE OR REPLACEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE EXPRESSLY PROHIBITED FROM USING THE APP AND MUST TERMINATE YOUR USE OF AND UNINSTALL THE APP IMMEDIATELY. THIS AGREEMENT DOES NOT REPLACE BUT IS IN ADDITION TO ANY ITUNES AGREEMENT REQUIRED BY APPLE IN ORDER TO DOWNLOAD AND USE THE APP.
IPC Mobile and you both acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the Agreement, and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof. IPC Mobile and you both further acknowledge and agree that this Agreement is between us only, and not Apple, and that maintenance and support, warranties, product claims and intellectual property infringement disputes are not the responsibility of Apple. IPC Mobile is solely responsible for the investigation, defense, settlement, and discharge of any such claims.
IPC Mobile reserves the right, in its sole and absolute discretion, to discontinue, change, and/or update the App, and any part thereof, or to modify, change, replace, or discontinue this Agreement.
2. About The Project Foodie App
IPC Mobile’s Project Foodie App is a mobile application that provides users access to a wide variety of recipes and cook-a-long videos with the option to create a Grocery List for necessary recipe ingredients, which may ultimately be ordered by You.
IPC Mobile is a mere service provider and makes no representation as to the value, quality, reliability, safety or authenticity of any recipe or cook-a-long, or as to the effectiveness, adequacy, accuracy, availability, prices, or legality of the information and ingredients contained on the App. You should independently verify any and all information or questions regarding all recipes and ingredients. You understand that IPC Mobile is in no way affiliated with Instacart or Amazon Fresh, but that these are third-party entities that can provide delivery of ingredients needed for the App’s recipes. IPC Mobile will not be held liable for any delay, non-receipt of items, non-payment for items, damage, or loss, financial or otherwise, that is the result of ordering ingredients through Instacart or Amazon Fresh or your preparation or consumption of any food containing the same.
Your reliance upon any information provided by IPC Mobile in this App is solely for your individual purposes with any and all use solely at your own risk. IPC Mobile is not responsible for any personal, property or other loss, inconvenience or damage of any kind and as more fully set forth below.
YOU ARE SOLELY RESPONSIBLE FOR YOUR OWN ACTIONS, IN WHATEVER FORM, WHEN USING THE APP. YOU UNDERSTAND AND AGREE THAT THE CONTENT ON THIS APP DOES NOT CONTAIN OR CONSTITUTE REPRESENTATIONS TO BE REASONABLY RELIED UPON. IPC MOBILE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE RECIPES, THE FOOD OR DIETARY IMPACT. YOU AGREE TO HOLD IPC MOBILE HARMLESS FOR ANY CONDUCT OF ITS USERS.
3. Download, Payment, and Use of the Project Foodie App
The App is free to download and use. The App offers both a free and monthly subscription option. IPC Mobile may, on occasion, offer promotional codes for free, limited-time subscription level access to the App. IPC Mobile reserves the right to cancel free access to the App at any time, for any reason, at our sole and absolute discretion.
The monthly subscription option allows you to access additional features and content. The monthly subscription price is as indicated in the Apple iTunes App Store (“App Store”). IPC Mobile reserves the right to change the subscription price at any time. All subscription payments are processed and collected through the App Store. To cancel your subscription, you must do so through the App Store directly or the subscription will continue to renew automatically. You agree that you are responsible for all applicable taxes, duties, levies, or charges imposed by any governmental entity anywhere in the world in connection with your use of the App. You understand that IPC Mobile will not be held liable for your failure to complete or cancel your subscription.
You acknowledge and agree that you alone are responsible for, and IPC Mobile will not be held liable for, any costs or fees incurred by you through your use of the App, including but not limited to mobile carrier charges, rates or fees, or SMS or other text message fees.
4. Your Warranties, Representations, and Obligations
You warrant and agree that you have the right, power, and legal capacity to enter into this Agreement and to adhere to the terms and conditions hereunder. You represent and warrant that you are not bound by or a party to any arrangement or agreement, whether contractual or otherwise, that would prohibit you from downloading or using the App. You further warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and that you are not listed on any U.S. Government list of prohibited or restricted parties. You warrant and agree that you are a human individual that is at least thirteen (13) years of age or older. If you are 13 or older but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you or your parent or guardian understand it and allows for your use of the App. You agree to comply, in good faith, with the terms of this Agreement.
All users of the App further warrant and agree to be prohibited from, without limitation:
1. Violating any intellectual property right (trademark, copyright, or patent) of a third party;
2. Framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the App, whether in whole or in part, without the prior written consent of IPC Mobile;
3. Using any devices, software or automated programs such as spiders, crawlers or robots to access the App and/or systematically index, aggregate, download, harvest or re-publish any of its content or information;
4. Imposing a disproportionate load on the App or its server infrastructure or otherwise attempting to interfere with the operation of the App;
5. Circumventing IPC Mobile’s technological or security protection mechanisms in the App;
Your violation of any term or condition of this section or any term of this Agreement may result in the immediate termination of your user account and the disabling of your access to the App.
IPC Mobile does not warrant or guarantee that compliance with this Agreement will be sufficient to comply with your obligations hereunder, under applicable law or with third party rights. Given the global nature of the Internet, you agree to comply with all laws and rules where you reside or where you use App. App is operated world-wide and IPC Mobile makes no representation that its App are appropriate, lawful, or available for use in your location. IPC Mobile does not offer App where prohibited by law.
5. Ownership of App Content & Third-Party Intellectual Property Rights
You understand and agree that IPC Mobile is the owner, or licensee, of all rights in and to the App and its associated content, including but not limited to all intellectual property and any other property or proprietary rights. The App is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the App for any purposes not explicitly stated in this Agreement. The foregoing prohibition on crawling and aggregation will not apply to search engines or non-commercial and publicly available archives that appropriately comply with the robots.txt file.
IPC Mobile is the owner of all trademark, trade name, and/or service mark rights, whether registered or under common law, of all its marks, including, without limitation, PROJECT FOODIE.
IPC Mobile respects the intellectual property rights of others and is committed to helping third parties protect their rights. Users are prohibited from posting content that violates another party's intellectual property rights. Unless otherwise stated, this App and all content within this site are the property of IPC Mobile and are protected by copyright and other intellectual property laws.
6. Limited License Grant
The App and related materials, including but not limited to any text, names, marks, statistics, graphics, photos, images, sounds, music, videos, software, scripts and interactive features, as well as its associated data and services generated by us, is the property of, owned by and licensed through IPC Mobile. IPC Mobile grants you a limited, non-exclusive, royalty free, non-sublicensable, non-transferrable, and non-assignable license to install and use one copy of the App in executable object code form to be used on a mobile phone (i.e. iPhone) or portable device (i.e. iPad) for non-commercial, personal purposes.
You are hereby prohibited from using the trademarks, service marks, design marks, and logos of IPC Mobile, or any colorable imitation thereof, or any mark not owned or licensed by you, including, without limitation the terms “Project Foodie” or the logo, as an indicator of source, as a part of a domain name, or in any way that is likely to cause confusion without the prior written consent of IPC Mobile. The App is subject to all intellectual property laws, including but not limited to trademark, copyright, patent and other privacy and proprietary laws. All trademarks, images, copyrights or rights of publicity displayed in connection with your use of the App are the property of their respective owners.
You are prohibited from using the App for any use not explicitly stated in this Agreement, absent separate written agreement signed by IPC Mobile and you pursuant to a binding agreement.
7. Terms and Conditions of Third Parties
You agree to comply with all terms and conditions of any third party whose software or services are used in conjunction with the App, including but not limited to any vendor which provides access and download services (i.e. iTunes), any network provider (i.e. AT&T, Verizon), any service provider, any platform provider (i.e. iOS), any hardware manufacturer (i.e. Apple iPhone), or any grocery delivery service used in conjunction with the App (i.e. Instacart and Amazon Fresh).
8. We Do Not Endorse Any Product or Service
IPC Mobile does not endorse or recommend any commercial product, process or service. The views and opinions of users, contributors, and others expressed on this App, including, without limitation, to the rating system, do not necessarily state or reflect those of IPC Mobile. IPC Mobile reserves the right, within its sole and absolute discretion, to remove, or prohibit the display of, any recipe for any or no reason.
9. Section 230 of Communications Decency Act
You acknowledge and agree that IPC Mobile is an interactive computer service provider under Section 230 of the Communications Decency Act. Though IPC Mobile may edit, remove, or control the content displayed through the App and provided to aid in the operation of its App, you agree that IPC Mobile will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the App or otherwise. IPC Mobile may, within its sole and absolute discretion, remove any User Generated Content for any reason and for no reason at all.
10. COPPA Compliance
The App is not directed to persons under the age of thirteen (13) and IPC Mobile will not knowingly collect personally identifiable information from children under the age of thirteen (13) absent the requirements set forth in this Agreement. If IPC Mobile inadvertently collects personally identifiable information, IPC Mobile will delete the personally identifiable information in accordance with its security protocols, upon notice.
11. Disclaimer and Limitation of Liability
You acknowledge and agree IPC Mobile reserves the right, in its sole discretion, to modify the features available on the App and is not liable for any damages arising out of such modifications.
You acknowledge and agree that the content contained within the App will not be considered a representation to reasonably be relied upon and nothing within the App will be construed to create a duty of care in IPC Mobile or a warranty of any kind. You acknowledge and agree that IPC Mobile takes no responsibility for, is not obligated to monitor and cannot be held liable for all the information contained within the App as provided by you, third parties, information or Apps linked to or through the App, information sent to IPC Mobile by third parties and information intercepted by third parties. You agree to hold IPC Mobile harmless for any and all inaccuracies, omissions, errors, loss of data, corruption of data, failure of hardware, failure of the App, or misuse of the App.
IPC MOBILE PROVIDES THE APP ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY. YOU ACKNOWLEDGE AND AGREE THAT YOU USE THE APP AT YOUR OWN RISK AND THAT IPC MOBILE WILL NOT BE HELD LIABLE FOR ANY DEFECTS, ERRORS, OMISSIONS, BUGS, OR DOWNTIME. ANY ATTEMPT BY IPC MOBILE TO MODIFY THE APP WILL NOT BE DEEMED TO BE A WAIVER OF THIS LIMITATION OF LIABILITY. IPC MOBILE WILL NOT BE HELD LIABLE FOR ANY CONTENT CONTAINED WITHIN THE APP, OR ANY THIRD PARTY LINKS ACCESSIBLE THROUGH THE APP.
IN THE EVENT OF A FAILURE OF THE APP TO CONFIRM WITH ANY APPLICABLE WARRANTY, YOU MAY NOTIFY APPLE, AND YOU SHOULD STOP USING THE APP. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APP.
IPC MOBILE WILL NOT BE HELD LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION CONSEQUENTIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, SPECIAL DAMAGES, EXEMPLARY DAMAGES, INDIRECT DAMAGES, LOST PROFITS, LOST SAVINGS, BUSINESS INTERRUPTION, OR LOST INFORMATION ARISING OUT OF THE USE, WHETHER PROPER OR IMPROPER, OF THE APP, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IPC MOBILE DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR IN, OMISSION OF, INTERRUPTION OF, DELETION OF, DEFECT IN, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF ANY DATA. YOU BEAR THE SOLE RESPONSIBILITY TO PROTECT AND BACKUP YOUR OWN DATA, NETWORK, HARDWARE, SYSTEMS, SERVERS, SOFTWARE, COMPUTERS, PHONES, AND SECURITY.
UNDER ANY CIRCUMSTANCES, YOU ACKNOWLEDGE AND AGREE THAT IPC MOBILE’S MAXIMUM LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT THAT YOU PAID FOR THE APP OR ITS OFFERINGS, IF ANYTHING. THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS LISTED IN THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You agree to indemnify, hold harmless, and defend IPC Mobile, its officers, members, employees, agents, and directors from and against any and all claims, demands, causes of action, debts, liabilities, damages, costs, or expenses, including costs and reasonable attorneys fees, arising out of or in relation to your use of the App, your violation of a term or provision of this Agreement, or your violation of the rights of a third party. You agree that your obligation to hold harmless, defend, and indemnify IPC Mobile will survive the termination or failure of this Agreement and your use of the App. You acknowledge and agree that your obligation to defend IPC Mobile will not provide you with the right to control IPC Mobile’s defense and you expressly agree that IPC Mobile has the right to direct and control its defense regardless of your obligation to defend IPC Mobile.
You are expressly prohibited from assigning your rights or obligations under this Agreement without IPC Mobile’s prior written consent. IPC Mobile may assign its rights or obligations under this Agreement at any time, including but not limited to in a sale of the IPC Mobile business or in a sale of the App.
15. Choice of Laws and Resolution of Disputes
This Agreement will be interpreted under and governed by the laws of the State of California without giving effect to any conflicts of laws principles. You agree that any claim or dispute that you may have against IPC Mobile will be exclusively resolved through arbitration.
Each of the Parties agree that any and all claims or controversies whatsoever (whether arising in tort or contract and whether arising under statute or common law) brought by either of the Parties hereto, arising out of or in any way relating to this Agreement will be submitted to binding arbitration in Los Angeles County, California, before a sole arbitrator selected from Judicial Arbitration and Mediation Services, Inc., or its successor (“JAMS”), pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. If JAMS is no longer able to supply the arbitrator, such arbitrator will be selected from the American Arbitration Association, and such arbitration will be conducted in accordance with the provisions of California Code of Civil Procedure §§ 1280 et seq. as the exclusive forum for the resolution of such dispute. The arbitrator will follow any applicable federal law and California state law (with respect to all matters of substantive law) in rendering an award. At the conclusion of the arbitration, the Arbitrator will issue a written decision that sets forth the essential findings and conclusions upon which the Arbitrator’s award or decision is based. Any award or relief granted by the Arbitrator hereunder will be final and binding on the Parties hereto and may be enforced by any court of competent jurisdiction. The Parties expressly acknowledge and agree that they are hereby waiving any rights to trial by jury. The Parties further agree that in any proceeding to enforce the terms of this Agreement, the prevailing Party will be entitled to its or his or her reasonable attorneys’ fees and costs, including, without limitation, the costs of the arbitrator, the arbitration proceeding and any proceeding in court to confirm or to vacate an arbitration award, incurred by it or him or her in connection with resolution of the dispute in addition to any other relief granted.
THIS CLAUSE WILL NOT PRECLUDE THE PARTIES FROM SEEKING PROVISIONAL REMEDIES (WITH RESPECT TO ALL MATTERS OF SUBSTANTIVE LAW) IN RENDERING AN AWARD. ANY SUCH PROVISIONAL REMEDY SOUGHT WILL BE EXCLUSIVELY SOUGHT IN AND DECIDED BY A COURT OF COMPETENT JURISDICTION LOCATED IN LOS ANGELES COUNTY, CALIFORNIA OR THE FEDERAL DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA.
IPC Mobile may, but is not obligated to participate in any dispute between users. IF YOU HAVE A DISPUTE WITH ANOTHER USER, YOU RELEASE IPC MOBILE FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES, KNOWN OR UNKNOWN. If you are a California resident, you waive California Civil Code §1542, which says: "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."
16. Additional Provisions
No waiver of rights under this Agreement by either party will be recognized unless made in writing and signed by the party to be charged. This Agreement is solely between IPC Mobile and you and will not confer any rights or remedies upon any third party, including third party beneficiaries. A finding that any term or provision of this Agreement is invalid or unenforceable will not affect the validity or enforceability of this Agreement. Any term or provision of this Agreement that is found to be invalid or unenforceable will be reformed to the extent necessary to make it valid and enforceable.
YOU AND IPC MOBILE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES PROVIDED UNDER THIS AGREEMENT MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUED. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.
YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST IPC MOBILE ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
This Agreement remains in full force and effect, unless stated otherwise elsewhere in this Agreement, as long as you use the App. Notwithstanding the above, IPC Mobile may, with or without notice, remove content, suspend a user’s account privileges, or delete a user account.
18. Notice to California Users
Under California Civil Code Section 1789.3, users of the App from California are entitled to the following specific consumer rights notice to The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, which may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Any notice under this Agreement or other contact must be sent via certified mail to:
IPC Mobile LLC
6007 Sepulveda Blvd
Los Angeles, CA 91411
with a copy via email to: Kaity@theIPcorp.com
© 2017 IPC Mobile LLC