Last Updated: March 30, 2012
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH COOKS (DEFINED BELOW) MAY CREATE POSTINGS (DEFINED BELOW) FOR MEALS (DEFINED BELOW) AND FEASTERS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK MEALS. YOU UNDERSTAND AND AGREE THAT FEASTLY IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN COOKS AND FEASTERS. FEASTLY HAS NO CONTROL OVER THE QUALITY OF THE MEALS, CONDUCT OF COOKS, FEASTERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY ACCOMMODATIONS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
“Feastly Content” means all Content that Feastly makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.
“Collective Content” means Member Content and Feastly Content.
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
“Feaster” means a Member who requests a booking of a Meal via the Site, Application or Services, or a Member who consumes a meal in a location identified by the Cook
“Cook” means a Member who prepares and/or serves a Meal via the Site, Application and Services.
“Meal” means any food listing offered by a Cook and available for purchase via the Site, Application, and Services.
“Member” means a person who completes Feastly’s account registration process, including, but not limited to Cooks and Feasters, as described under “Account Registration” below.
“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.
“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes.
Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, OR BY PARTICIPATING IN THE REFERRAL PROGRAM, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR TO PARTICIPATE IN THE REFERRAL PROGRAM.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
The Site, Application and Services are intended solely for persons who are 18 or older. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older. Those under 18 may attend Feastly meals in the company of a parent or guardian over the age of 18.
How the Site, Application and Services Work
The Site, Application and Services can be used to locate and consume homemade Meals prepared by Cooks in a Home or non-commercial environment. Such Meals are included on the Site, Application and Services by Cooks. You may view Meals as an unregistered visitor to the Site, Application and Services; however, if you wish to book a Meal or create a Meal, you must first register to create a Feastly Account (defined below).
As stated above, Feastly makes available a marketplace with related technology for Cooks and Feasters to connect online and Cook Meals. Feastly is not an owner or operator of food establishments, including, but not limited to, restaurants. Feastly does not cook or provide food materials or logistical support for Cooks. Feastly’s role is solely to facilitate the availability of Meals. Similarly, Feastly is not a contracting agent or representative of any Cook. Instead, Feastly’s role is solely to facilitate the availability of the Site, Application and Services for Members and to provide services related thereto.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENTED TO BE USED TO FACILIATE THE BOOKING OF MEALS. FEASTLY CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY MEALS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY MEALS. FEASTLY IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL MEALS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE FEATER”S OWN RISK.
In order to access certain features of the Site and Application, and to book a Meal or create a Meal, you must register to create an account (“Feastly Account”) and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.
You can also register to join by logging into your account with certain third party social networking sites (“SNS”) (including, but not limited to, Facebook); each such account, a “Third Party Account”, via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your Feastly Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to Feastly through the Site, Services or Application; or (ii) allowing Feastly to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Feastly and/or grant Feastly access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Feastly to pay any fees or making Feastly subject to any usage limitations imposed by such third party service providers. By granting Feastly access to any Third Party Accounts, you understand that Feastly will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Site, Services and Application via your Feastly Account and Feastly Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, shall be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your Feastly Account on the Site, Services and Application. Please note that if a Third Party Account or associated service becomes unavailable or Feastly’s access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your Feastly Account and your Third Party Accounts, at any time, by accessing the “Settings” section of the Site and Application.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WTH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS.
Feastly makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and Feastly is not responsible for any SNS Content.
We will create your Feastly Account and your Feastly Account profile page for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Feastly Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Feastly reserves the right to suspend or terminate your Feastly Account and your access to the Site, Application and Services if you create more than one (1) Feastly Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Feastly Account, whether or not you have authorized such activities or actions. You will immediately notify Feastly of any unauthorized use of your Feastly Account.
Feastly reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
Feastly does not endorse any Members or any Meals. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Site, Application and Services. Except as provided in the Feastly Cook Guarantee Terms and Conditions (“Feastly Cook Guarantee”), which is an agreement between Feastly and Cooks, we will not be responsible for any damage or harm resulting from your interactions with other Members. (Please see Feastly’s Cook Guarantee Terms and Conditions at www.Feastly.com/terms for information about the Feastly Cook Guarantee.) By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Feastly with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any Meals made by you.
As a Member, you may create Meals. To this end, you will be asked a variety of questions about the Meal to be listed, including, but not limited to, the location, capacity, menu, date, and pricing and related rules and financial terms. In order to be featured in Meals via the Site, Application and Services, all Meal must have valid physical addresses. Meals will be made publicly available via the Site, Application and Services. Other Members will be able to book your Meal via the Site, Application and Services based upon the information provided in your Meal. You understand and agree that once a Feaster requests a seat at a Cook’s Meal, the price for such booking may not be altered.
You acknowledge and agree that you are solely responsible for any and all Meals you post. Accordingly, you represent and warrant that any Meal you post and the booking of, or Feaster attendance at, a Meal you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Meal included in a Meal you post, including, but not limited to, zoning laws, health laws, license laws and any other applicable laws governing properties and food and (b) not conflict with the rights of third parties. Please note that Feastly assumes no responsibility for a Cook’s compliance with any applicable laws, rules and regulations.
You understand and agree that Feastly does not act as an insurer or as a contracting agent for, or representative of, you as a Cook, and if a Feaster requests a booking of your Meal and consumes your Meal, any agreement you enter into with such Feaster is between you and the feaster and Feastly is not a party thereto. Please note that Feastly reserves the right, at any time and without prior notice, to remove or disable access to any Meal for any reason, including Meals that Feastly, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
When you create a Meal you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your Meal, including, but not limited to, requiring Members to have a profile picture or verified phone number, in order to book your Meal. Any Member wishing to book Meals included in Meals with such requirements must meet these requirements. More information on how to set such requirements is available via the “Cooking” section of the Site, Application and Services.
If you are a Cook, Feastly makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for your Meals. You acknowledge and agree that, as a Cook, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Meal at your request or invitation, excluding the feaster (and the individuals the Feaster invites to the Meal, if applicable.)
Feastly recommends that Cooks obtain appropriate insurance for their Meals and Meals. Please review any insurance policy that you may have for your Accommodation and Meal carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of feasters (and the individuals the Feasters invites to the Meal, if applicable) while at your Meal.
Bookings and Financial Terms
Bookings and Financial Terms for Cooks
If you are a Cook and a booking is requested for your Meal via the Site, Application and Services, you will be required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by Feastly in its sole discretion) or the booking request will be automatically cancelled. When a booking is requested via the Site, Application and Services, we will share with you (i) the first and last name of the Feaster who has requested the booking, (ii) a link to the Feaster’s Feastly Account profile page, (iii) the names of any members of an SNS with whom you are “friends” or associated on the SNS if such individuals are also “friends” or associated with the Feaster on such SNS, and (iv) an indication that the name that the Feaster provided to Feastly when the Feaster became a Member matches the name that the Feaster provided to the SNSs to which the Feaster has linked his or her Feastly Account, so that you can view such information before confirming or rejecting the booking. If you are unable to confirm or decide to reject a booking of a Meal within such 24 hour period, any amounts collected by Feastly for the requested booking will be refunded to the applicable Feaster’s credit card and any pre-authorization of such credit card will be released.
When you confirm a booking requested by a feaster, Feastly will send you an email, text message or message via the Application confirming such booking, depending on the selections you make via the Site, Application and Services.
The fees displayed in each Meal are comprised of the Meal Fees (defined below) and the Service Fees (defined below.) Where applicable, Taxes may be charged in addition to the Meal Fees and Service Fees. The Meal Fees, the Service Fees and applicable Taxes are collectively referred to in these Terms as the “Total Fees”. The amounts due and payable by a Feaster solely relating to a Cook’s Meal are the “Meal Fees”. Please note that it is the Cook and not Feastly which determines the Meal Fees. The Meal Fee may include a cleaning fee, at the Cook’s discretion. Feastly charges a fee to Feasters based upon a percentage of applicable Meal Fees, which are the “Service Fees”. The Feaster Fees are added to the Meal Fees to calculate the Total Fees (which will also include applicable Taxes) displayed in the applicable Meal. Feastly will collect the Total Fees at the time of booking confirmation (i.e. when the Cook confirms the booking within 24 hours of the booking request) and will remit the Meal Fees (less Feastly’s Cook Fees (defined below)) to the Cook within 24 hours of when the feaster arrives at the applicable Meal.
Please note that Feastly does not currently charge fees for the creation of Meals. However, you acknowledge and agree that Feastly reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Meals. Please note that Feastly will provide notice of any Meal fee collection via the Site, Application and Services, prior to implementing such a Meal fee feature.
Bookings and Financial Terms for Feasters
The Cooks, not Feastly, are solely responsible for honoring any confirmed bookings and making available any Meals reserved through the Site, Application and Services. If you, as a Feaster, choose to enter into a transaction with a Cook for the booking of an Meal, you agree and understand that you will be required to enter into an agreement with the Cook and you agree to accept any terms, conditions, rules and restrictions associated with such Meal imposed by the Cook. You acknowledge and agree that you, and not Feastly, will be responsible for performing the obligations of any such agreements, and Feastly is not a party to such agreements and disclaims all liability arising from or related to any such agreements.
Meals will specify the Total Fees. As noted above, the Cook is required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by Feastly in its sole discretion) or the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable Cook), any amounts collected by Feastly will be refunded to such Feaster, depending on the selections the Feaster makes via the Site and Application, and any pre-authorization of such Feaster’s credit card will be released, if applicable.
You agree to pay Feastly for the Total Fees for any booking requested in connection with your Feastly Account if such requested bookings are confirmed by the applicable Cook. In order to establish a booking pending the applicable Cook’s confirmation of your requested booking, you understand and agree that Feastly reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting ( e.g. one euro or one British pound) to verify your credit card. Once Feastly receives confirmation of your booking from the applicable Cook, Feastly will collect the Total Fees in accordance with the terms and conditions of these Terms and the pricing terms set forth in the applicable Meal. Please note that Feastly cannot control any fees that may be charged to a Feaster by his or her bank related to Feastly’s collection of the Total Fees, and Feastly disclaims all liability in this regard.
In consideration for providing the Services, Feastly collects service fees from Cooks and Feasters (“Service Fees”). Service Fees are made up of two (2) components: (i) Feaster Fees and (ii) a fee that is charged to the Cook based upon a percentage of the amount of the Meal Fees (“Cook Fees”). Where applicable, Taxes may also be charged in addition to the Cook Fees. Cook Fees are deducted from the Meal Fees before remitting the Meal Fees to the Cook, within 24 hours of when the Feaster arrives at the applicable Meal. Feaster Fees are, as noted above, included in the Total Fees.
Balances will be remitted to Cooks via check, PayPal, direct deposit or other payment methods described on the Site or via the Application, in the Cook’s currency of choice, depending upon the selections the Cook makes via the Site, Application and Services. Please note that for any payments by Feastly in currencies other than U.S. dollars, Feastly may deduct foreign currency processing costs from such payments. More information on foreign currency processing cost deductions will be available via the Site and Application. Except as otherwise provided herein, Service Fees are non-refundable.
General Booking and Financial Terms
Cancellations and Refunds
If, as a Feaster, you cancel your requested booking before the requested booking is confirmed by a Cook, Feastly will refund any Meal Fees collected for such requested booking within a commercially reasonable time. If, as a Feaster, you wish to cancel a confirmed booking made via the Site, Application and Services, the cancellation policy of the Cook contained in the applicable Meal will apply to such cancellation.
If a Cook cancels a confirmed booking made via the Site, Services, and Application, (i) Feastly will refund the Total Fees for such booking to the applicable Feaster within a commercially reasonable time of the cancellation and (ii) the Feaster will receive an email or other communication from Feastly containing alternative Meals and other related information. If the Feaster requests a booking from one of the alternative Meals and the Cook associated with such alternative Meal confirms the Feaster’s requested booking, then the Feaster agrees to pay Feastly the Total Fees relating to the confirmed booking for the Accommodation in the alternative Meal, in accordance with these Terms. If a Cook cancelled a confirmed booking and you, as a Feaster, have not received an email or other communication from Feastly, please contact Feastly at email@example.com.
Damage to Meal Location
As a Feaster, you are responsible for treating the location in which the Meal is served in a respectful manner. You acknowledge and agree that, as a Feaster, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to, or otherwise provide access to, the Meal. In the event that a Cook claims otherwise and provides evidence of damage, including but not limited to, photographs, you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given forty eight (48) hours to respond, the payment will be charged to and taken from the credit card on file in your Feastly Account. Feastly also reserves the right to charge the credit card on file in your Feastly Account, or otherwise collect payment from you and pursue any avenues available to Feastly in this regard, in situations in which you have been determined, in Feastly’s sole discretion, to have damaged any Meal Location, including, but not limited to, in relation to any payment requests made by Cooks, and in relation to any payments made by Feastly to Cooks. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Meal Location to the applicable Cook or to Feastly (if applicable).
Both Feasters and Cooks agree to cooperate with and assist Feastly in good faith, and to provide Feastly with such information and take such actions as may be reasonably requested by Feastly, in connection with any complaints or claims made by Members relating to Meals or any personal or other property located at a Meal Location or with respect to any investigation undertaken by Feastly or a representative of Feastly regarding use or abuse of the Site, Application or the Services. If you are a Feaster, upon Feastly’s reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Cook, at no cost to you, which process will be conducted by Feastly or a third party selected by Feastly, with respect to losses for which the Cook is requesting payment from Feastly under the Feastly Cook Guarantee.
If you are a Feaster, you understand and agree that Feastly reserves the right, in its sole discretion, to make a claim under your homeowner’s, renter’s or other insurance policy related to any damage or loss that you may have caused or been responsible for to an Meal Location or any personal or other property located at a Meal Location. You agree to cooperate with and assist Feastly in good faith, and to provide Feastly with such information as may be reasonably requested by Feastly in order to make a claim under your homeowner’s, renter’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as Feastly may reasonably request to assist Feastly in accomplishing the foregoing.
In connection with your use of our Site, Application and Services, you may not and you agree that you will not:
• violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions;
• infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
• interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
• use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
• use our Site, Application or Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence;
• “stalk” or harass any other user of our Site, Application, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Feastly Feaster or Cook;
• register for more than one Feastly Account or register for a Feastly Account on behalf of an individual other than yourself;
• contact a Cook for any purpose other than asking a question related to a booking, such Cook’s Meals;
• contact a Feaster for any purpose other than asking a question related to a booking or such Feaster’s use of the Site, Application and Services;
• when acting as a Feaster or otherwise, recruit or otherwise solicit any Cook or other Member to join third party services or websites that are competitive to Feastly, without Feastly’s prior written approval;
• impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
• use automated scripts to collect information or otherwise interact with the Site, Application or Services;
• use the Site, Application and Services to find a Cook or Feaster and then complete a booking of a Meal transaction independent of the Site, Application or Services in order to circumvent the obligation to pay any Service Fees related to Feastly’s provision of the Services;
• as a Cook, submit any Meal with a false or misleading price information, or submit any Meal with a price that you do not intend to honor; or
• post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
• systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
• use, display, mirror or frame the Site or Application, or any individual element within the Site, Services, or Application, Feastly’s name, any Feastly trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Feastly’s express written consent;
• access, tamper with, or use non-public areas of the Site or Application, Feastly’s computer systems, or the technical delivery systems of Feastly’s providers;
• attempt to probe, scan, or test the vulnerability of any Feastly system or network or breach any security or authentication measures;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Feastly or any of Feastly’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
• forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or
• advocate, encourage, or assist any third party in doing any of the foregoing.
Feastly will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Feastly may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Feastly has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site, Application and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Feastly reserves the right, at any time and without prior notice, to remove or disable access to any Site Content that Feastly, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
IRS regulation, regarding federal tax reporting requirements, stipulates that Feastly must collect IRS Form W-9 from all property owners in the United States. You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. Feastly cannot and does not offer Tax-related advice to any Members of the Site, Application and Services. Additionally, please note that each Cook is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Meals. Where applicable, or based upon request from a Cook, Feastly may issue a valid VAT invoice to such Cook.
Some Cooks may pledge to donate a portion of the funds they receive from Meals Offered via the Site, Application and Services to a particular cause or charity. We do not control, and will not take any responsibility or liability for, whether the Cook does in fact make the donation he or she pledged to make.
As part of the Services, Feastly provides a feature through which Members may view Total Fees for various Meals in foreign currencies. These Total Fees listed in foreign currencies are for informational purposes only. You understand and agree that any such foreign currencies are not the official Total Fees and at the time you request a booking you will be notified of the currency in which you will be charged together with the corresponding amount, should your booking be confirmed by a Cook. Unless otherwise communicated to you as contemplated herein, Total Fees are payable in United States dollars.
http://www.EatFeastly.com/home/privacy and for information and notices concerning Feastly’s collection and use of your personal information.
Feastly Content and Member Content License
Subject to your compliance with the terms and conditions of these Terms, Feastly grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Feastly Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Feastly or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to Feastly a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content only on, through, or by means of the Site, Application and Services. Feastly does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to Feastly the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Feastly’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Feastly is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Feastly of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights is the exclusive property of Feastly and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Feastly used herein are trademarks or registered trademarks of Feastly. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services (“Feedback”). You may submit Feedback by emailing us at firstname.lastname@example.org section of the Site and Application. You acknowledge and agree that all Feedback will be the sole and exclusive property of Feastly and you hereby irrevocably assign to Feastly and agree to irrevocably assign to Feastly all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Feastly’s request and expense, you will execute documents and take such further acts as Feastly may reasonably request to assist Feastly to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Termination and Feastly Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site, Application and Services, and (b) deactivate or cancel your Feastly Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event Feastly terminates these Terms, or your access to our Site, Application and Services or deactivates or cancels your Feastly Account you will remain liable for all amounts due hereunder. You may cancel your Feastly Account at any time via the “Cancel Account” feature of the Services or by sending an email to email@example.com. Please note that if your Feastly Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.
Feastly respects copyright law and expects its users to do the same. It is Feastly’s policy to terminate in appropriate circumstances the Feastly Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
IF YOU CHOOSE TO USE THE SITE, APPLICATION , SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT FEASTLY DOES NOT CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, FEASTERS AND COOKS. THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, FEASTLY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. FEASTLY MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE MEALS, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. FEASTLY MAKES NO WARRANTY REGARDING THE QUALITY OF ANY MEALS, ACCOMMODATIONS, YOUR ACCRUAL OF FEASTLY TRAVEL CREDITS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR REFERRAL PROGRAM.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FEASTLY OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY COOKS OR FEASTERS. YOU UNDERSTAND THAT FEASTLY DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY ACCOMMODATIONS. FEASTLY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, FEASTERS AND COOKS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, AND YOUR MEAL OR BOOKING OF ANY MEALS VIA THE SITE, APPLICATION AND SERVICES, AND YOUR PARTICIPATION IN THE REFERRAL PROGRAM REMAINS WITH YOU. NEITHER FEASTLY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR MEAL OR BOOKING OF ANY ACCOMMODATION VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FEASTLY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE COOKS PURSUANT TO AN APPROVED PAYMENT REQUEST UNDER THE FEASTLY COOK GUARANTEE, IN NO EVENT WILL FEASTLY’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR MEAL OR BOOKING OF ANY ACCOMMODATION VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM AND IN CONNECTION WITH ANY ACCOMMODATION OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A FEASTER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A COOK, THE AMOUNTS PAID BY FEASTLY TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FEASTLY AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You may not assign or transfer these Terms, by operation of law or otherwise, without Feastly’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Feastly may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Feastly (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
If the Cook or Feaster is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Feastly by contacting us with your police station and report number at firstname.lastname@example.org; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
You agree to release, defend, indemnify, and hold Feastly and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; and (c) your (i) interaction with any Member, (ii) booking of a Meal, (iii) creation of a Meal or (iv) the use, condition or rental of a Meal by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Meal
These Terms constitute the entire and exclusive understanding and agreement between Feastly and you regarding the Site, Application, Services, Collective Content, Referral Program, and any bookings of Meals made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Feastly and you regarding bookings of Meals, the Site, Application, Services, Collective Content and Referral Program.
Controlling Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of the District of Columbia and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a court located in Washington, D.C. or a United States District Court, Washington, D.C. for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
You and Feastly 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 Services or use of the Site or Application (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Feastly are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Feastly otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at www.adr.org/si.asp?id=3477 and a separate form for District residents at http://www.adr.org/.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the District of Columbia and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and Feastly otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Feastly submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, the AAA Rules will determine your right to a hearing. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Feastly will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Feastly will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Changes. Notwithstanding the provisions of the “Modification” section above, if Feastly changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to email@example.com within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Feastly’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Feastly in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
The failure of Feastly to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Feastly. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If you have any questions about these Terms, please contact Feastly at firstname.lastname@example.org.