Terms of Service
1. Acceptance of Terms
Welcome to Forked It (“Company”, “we”, “us”, or “our”). These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User”, “you”, or “your”) and Forked It, Inc., a Delaware C Corporation operating under the laws of the State of Delaware and with principal offices in Austin, Texas.
By accessing or using our website, applications, and services (collectively, the “Service”), you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. If you do not agree to these Terms, you must not access or use the Service.
2. Eligibility
2.1 Age Requirement
The Service is intended for users who are at least 13 years of age. By accessing or using the Service, you represent and warrant that you are at least 13 years old. If you are under 18 years of age, you must have the consent of your parent or legal guardian to use the Service.
2.2 Compliance with Laws
You represent and warrant that your use of the Service will comply with all applicable laws and regulations. Access to the Service is prohibited where such access or use violates applicable laws or regulations.
3. User Accounts
3.1 Account Registration
To access certain features of the Service, you must register for an account (“Account”). You agree to:
- Provide accurate, current, and complete information during the registration process.
- Maintain and promptly update your Account information to keep it accurate, current, and complete.
- Maintain the security and confidentiality of your Account login credentials.
- Accept responsibility for all activities that occur under your Account.
3.2 Account Security
You agree to notify us immediately of any unauthorized use of your Account or any other breach of security. We are not liable for any loss or damage arising from your failure to comply with this provision.
4. User Content and Conduct
4.1 User-Generated Content (“UGC”)
"User Content" means any content, such as recipes, text, images, photos, videos, code, and any other materials, that you submit, upload, post, create, or otherwise make available through the Service.
4.2 Ownership of User Content
You retain all rights, title, and interest in and to your User Content. By making any User Content available through the Service, you grant Forked It a non-exclusive, transferable, sub-licensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, and perform your User Content in connection with operating and providing the Service.
4.3 Representations and Warranties
You represent and warrant that:
- You own or have the necessary rights and permissions to grant the licenses granted herein for your User Content.
- Your User Content, and the use thereof as contemplated by these Terms, does not and will not infringe, misappropriate, or violate any third-party rights, including intellectual property rights, privacy rights, and does not result in a violation of any applicable law or regulation.
4.4 Prohibited Conduct
You agree not to engage in any of the following prohibited activities:
- Violating any applicable law, regulation, or these Terms.
- Infringing upon or violating the rights of others, including intellectual property rights and privacy rights.
- Posting or transmitting content that is unlawful, defamatory, obscene, pornographic, harassing, threatening, or otherwise objectionable.
- Using the Service for any illegal or unauthorized purpose.
- Interfering with or disrupting the integrity or performance of the Service.
- Attempting to gain unauthorized access to the Service or its related systems or networks.
5. Intellectual Property Rights
5.1 Forked It Content
All content available on the Service, excluding User Content, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, and software (“Forked It Content”), is the property of Forked It or its licensors and is protected by United States and international intellectual property laws.
5.2 License to You
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service and Forked It Content for your personal, non-commercial use.
5.3 Restrictions
You shall not:
- Copy, modify, or create derivative works based on the Service or Forked It Content.
- Distribute, transmit, publish, sell, or otherwise exploit the Service or Forked It Content.
- Reverse engineer, decompile, disassemble, or attempt to extract the source code of any software used to provide the Service.
6. Licensing and Use of Recipes
6.1 Creative Commons Licensing
Users may choose to apply a Creative Commons license to their recipes, specifying the terms under which others may use, share, and modify their work. In the absence of a selected Creative Commons license, the default license shall be the CC BY-SA 4.0 International License, which allows others to share and adapt the material with proper attribution and under the same license terms.
6.2 Forking and Modification
When you publish a recipe on the Service, you grant other users the right to fork and modify your recipe in accordance with the applicable licensing terms. Users who fork or modify recipes are required to provide appropriate attribution to the original creator as specified by the license.
7. Privacy Policy
Your privacy is important to us. Please refer to our Privacy Policy for information on how we collect, use, and disclose personal information from users. By using the Service, you consent to the collection, use, and disclosure of your personal information as described in our Privacy Policy.
8. Payment Terms
8.1 Premium Features
Certain features of the Service may require payment of fees. You agree to pay all applicable fees as described on the Service in connection with such features. All fees are non-refundable unless explicitly stated otherwise.
8.2 Billing and Payment
We may use a third-party payment processor (“Payment Processor”) to bill you through a payment account linked to your Account on the Service (“Billing Account”). The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Terms.
8.3 Subscription Terms
If you purchase a subscription to access premium features, your subscription will continue on a recurring basis until terminated in accordance with these Terms. You authorize us to charge your Billing Account for the subscription fees using your selected payment method.
9. Disclaimers
9.1 No Warranty
THE SERVICE AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. FORKED IT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
9.2 Food Safety and Nutritional Information
Forked It does not guarantee the accuracy, completeness, or usefulness of any recipes, nutritional information, or other content provided through the Service. Reliance on such content is at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such content.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FORKED IT, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE.
- ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE.
- ANY CONTENT OBTAINED FROM THE SERVICE.
- UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL FORKED IT’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
11. Indemnification
You agree to defend, indemnify, and hold harmless Forked It, its affiliates, directors, officers, employees, agents, and representatives from and against any and all claims, liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys’ fees and legal costs, arising out of or in any way connected with:
- Your access to or use of the Service.
- Your violation of these Terms.
- Your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right.
- Any disputes or issues between you and any third party.
- Any claim that your User Content caused damage to a third party.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such cases, you agree to cooperate with our defense of such claim.
12. Termination
12.1 Termination by You
You may terminate your Account at any time by following the procedures available through the Service. Upon termination, you must cease all use of the Service and destroy any copies of Forked It Content in your possession.
12.2 Termination by Us
We may, in our sole discretion, suspend or terminate your access to the Service or your Account at any time, with or without notice, for any reason, including but not limited to if we believe in good faith that you have violated these Terms or any applicable law.
12.3 Effect of Termination
Upon termination of these Terms:
- All rights and licenses granted to you under these Terms will immediately cease.
- Any outstanding fees owed by you will become immediately due and payable.
- Sections of these Terms that by their nature should survive termination will survive, including but not limited to provisions concerning ownership, indemnification, disclaimers, limitations of liability, and dispute resolution.
13. Dispute Resolution and Governing Law
13.1 Governing Law
These Terms and any action related thereto will be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflicts of law principles. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
13.2 Arbitration Agreement
Please read the following arbitration agreement carefully. It requires you to arbitrate disputes with Forked It and limits the manner in which you can seek relief.
13.2.1 Agreement to Arbitrate
You and Forked It agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or to the use of the Service (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right:
- To bring an individual action in small claims court.
- To seek injunctive or other equitable relief in a court of competent jurisdiction to prevent or restrain infringement of intellectual property rights.
13.2.2 Arbitration Procedures
Arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules. The arbitration will be conducted in Austin, Texas, unless you and Forked It agree otherwise.
13.2.3 Class Action Waiver
You and Forked It agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action. You waive your right to participate in a class action lawsuit or class-wide arbitration.
13.2.4 Opt-Out
You may opt out of this arbitration agreement by sending a written notice to [email protected] within thirty (30) days of first accepting these Terms, stating that you opt out of the arbitration agreement.
13.3 Jurisdiction and Venue
Subject to the arbitration agreement above, you agree that any action at law or in equity arising out of or relating to these Terms or the Service shall be filed only in the state and federal courts located in Travis County, Texas, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
14. Modifications to the Service and Terms
14.1 Service Modifications
We reserve the right, at our sole discretion, to modify, suspend, or discontinue, temporarily or permanently, the Service or any features or parts thereof without prior notice. We are not liable to you or any third party for any such modification, suspension, or discontinuance.
14.2 Terms Modifications
We may modify these Terms at any time in our sole discretion. If we do so, we will notify you by posting the modified Terms on the Service or through other communications. The “Last Updated” date at the top indicates when the latest modifications were made. By continuing to access or use the Service after the modifications become effective, you agree to be bound by the revised Terms.
15. Miscellaneous
15.1 Entire Agreement
These Terms, together with the Privacy Policy and any additional agreements you may enter into with Forked It, constitute the entire agreement between you and Forked It concerning the Service.
15.2 Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
15.3 Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Forked It's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
15.4 Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without Forked It's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. Forked It may assign or transfer these Terms without restriction.
15.5 Notices
Any notices or other communications provided by Forked It under these Terms will be given:
- Via email to the address associated with your Account.
- By posting to the Service.
You must give notices to Forked It by email to [email protected] or by mail to:
Forked It, Inc.
[Street Address]
Austin, Texas [ZIP Code]
United States
15.6 Force Majeure
Forked It shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, governmental regulations, natural disasters, or other events of force majeure.
15.7 Third-Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person other than you and Forked It.
16. DMCA Compliance
16.1 Policy
We respect the intellectual property rights of others and comply with the provisions of the Digital Millennium Copyright Act (“DMCA”). We will respond promptly to notices of alleged infringement that comply with the DMCA.
16.2 Notice of Copyright Infringement
If you believe that any content on the Service infringes upon your copyrights, you may submit a DMCA notice to our Designated Copyright Agent:
Designated Agent:
[Name]
[Address]
[Email Address]
[Phone Number]
Please include all information required by the DMCA, including:
- A physical or electronic signature of a person authorized to act on behalf of the owner.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material.
- Your contact information.
- A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner.
- A statement that the information in the notification is accurate and that you are authorized to act on behalf of the owner.
17. International Users and Export Controls
17.1 International Use
Forked It makes no representations that the Service is appropriate or available for use in locations outside the United States. Accessing the Service from territories where the content is illegal is prohibited. You are responsible for compliance with local laws.
17.2 Export Controls
You agree to comply with all U.S. export laws and regulations. You represent and warrant that you:
- Are not located in a country that is subject to a U.S. government embargo or designated by the U.S. government as a "terrorist supporting" country.
- Are not listed on any U.S. government list of prohibited or restricted parties.
18. Accessibility
Forked It is committed to ensuring accessibility of its digital properties to people with disabilities. Efforts are underway to improve the user experience for all and apply relevant accessibility standards in compliance with the Americans with Disabilities Act (“ADA”) and the Web Content Accessibility Guidelines (“WCAG”).
19. Privacy and Data Protection
19.1 Compliance
We comply with applicable data protection laws, including the General Data Protection Regulation (“GDPR”) and the California Consumer Privacy Act (“CCPA”).
19.2 Data Subject Rights
Users have rights regarding their personal data, including the right to access, correct, or delete personal information held by us. Requests can be made as outlined in our Privacy Policy.
19.3 Data Breach Notification
In the event of a data breach, we will notify affected users and relevant authorities as required by applicable laws.
20. Parental Consent
If you are a parent or legal guardian and you provide consent for your child to register with the Service, you agree to be bound by these Terms in respect of your child’s use of the Service.
By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
Contact Information:
- Email: [email protected]
Address:
Forked It, Inc.
[Street Address]
Austin, Texas [ZIP Code]
United States
Note: These Terms of Service are effective as of September 15, 2024.