Terms of Use

ANY PERSON OR ENTITY (“You” or "User") ACCESSING THE SNACKDISH WEB SITE and/or application (the “SITE”) AND USING ITS SERVICE (the "Service") OR ANY OF THE INFORMATION CONTAINED HEREIN AGREES TO AND IS BOUND BY THE FOLLOWING TERMS AND CONDITIONS.

These Terms of Use form a legal agreement (the “Agreement”) between You, the User, and Snackdish Corp for Snackdish’s Software Application Services (“SaaS”) you subscribe to. This SaaS include software, data storage mechanisms, databases, and related documentation. By using the SaaS, you agree to be bound by the terms of this Agreement. If you do not agree to this Agreement, you are not authorized to use the SaaS or Service.

1. PAYMENT You agree to pay all applicable charges under this Agreement, including any applicable taxes or charges imposed by any government entity, and that Snackdish may change its minimum pricing at any time. User must supply Snackdish with correct credit card information, and any changes in credit card validity or expiration date must be updated. Snackdish will automatically renew and charge User's account every month, quarter, or year for subscriptions. The renewal charge will be equal to the original subscription price, unless Snackdish notifies User otherwise in advance. If the credit card cannot be processed for any reason, Snackdish reserves the right to cancel the Service.

2. MEMBER ACCOUNT, PASSWORD AND SECURITY Snackdish may allow You to connect to the Service through a third-party application (e.g. Facebook Connect). Alternatively, You will have to create a unique user name and password upon completing the Service's registration process. In either situation, You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Snackdish of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Snackdish will not be liable for any loss or damage arising from your failure to comply with this Section.

3. MEMBER CONDUCT You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that You, and not Snackdish, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Snackdish does not control the Content posted and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Snackdish be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. User agrees not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, "Interfere") with The Site in any manner. If User in any way Interferes with Snackdish's web site, User agrees to pay all damages incurred by Snackdish, including any consequential damages, and agrees that the measure of hard to determine damages will be the highest estimate of damages as provided by Snackdish. User's Interference with the Site relieves Snackdish of any of its contractual or other legal obligations to User, including Snackdish's obligations under its Privacy Policy. Snackdish will cooperate with the authorities in prosecuting any User who Interferes with Snackdish's web site, attempts to defraud Snackdish, or attempts to defraud credit card companies or any other parties through User's use of the Site or services. You agree to not use the Service to: (a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity; (d) upload, post, email, transmit or otherwise make available any Content that You do not have a right to make available under any law or under contractual or fiduciary relationships; (e) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; (f) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, (g) promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; (h) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (i) intentionally or unintentionally violate any applicable local, state, national or international law; Violation of any of the items in this Section relieves Snackdish of any of its contractual or other legal obligations to User, including Snackdish's obligations under its Privacy Policy. Snackdish reserves the right to refuse any or all service to any User for any reason, at any time, at Snackdish's sole discretion. User agrees that Snackdish may block its IP address or addresses at any time, and at Snackdish's sole discretion, thereby disallowing User's continued use of Snackdish's web site.

4. COMPLIANCE WITH AGREEMENT AND LAWS You shall use the SaaS and Service only in compliance with this Agreement, and all other applicable U.S., state, local, and international laws (including, but not limited to, policies and laws related to spamming, copyright and trademark infringement, defamation, privacy, obscenity, and child protective email address registry laws). You also agree not to intentionally or unintentionally violate any applicable local, state, national, or international law. Although Snackdish has no obligation to review the content provided by you or your use of the Service, Snackdish may do so and may block any content and or terminate any use of the Service that Snackdish believes may be (or is alleged to be) in violation of the foregoing. The following provisions apply to users outside the United States: (a) You consent to having your personal data transferred to and processed in the United States; and (b) If You are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on Snackdish (such as advertising or payments).

5. ANTI-SPAM Email messages sent in connection with the Service contain an "unsubscribe" link that allows you to remove themselves from email messages. You acknowledge and agree that you will not hide, disable, or remove or attempt to hide, disable, or remove the opt-out link from the email invitation. Snackdish will manage and process unsubscribe requests received within ninety days of submission.

6. MODIFICATIONS TO SERVICE Snackdish reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the SaaS or Service (or any part thereof) with or without notice. You agree that Snackdish shall not be liable to you or to any third party for any modification, suspension or discontinuance of the SaaS or Service. You agree that Snackdish has no responsibility or liability for the deletion or failure to store any data or other Content maintained or transmitted by the Service. You acknowledge that Snackdish reserves the right to delete accounts that are inactive for an extended period of time. You further acknowledge that Snackdish reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

7. COPYRIGHTS The SaaS are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties and is licensed, not sold. All title and copyrights in and to the software are owned by Snackdish or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SaaS is the property of the respective content owner and also may be protected by applicable copyright or other intellectual property laws and treaties.

8. LINKS TO THIRD PARTIES Snackdish makes no claims or representations about any web site not under Snackdish's control that a User may access from the Site (e.g. by link, frame, or any other means) ("Linked Site"). Any link, frame, or any other means to access any Linked Site provided by Snackdish or otherwise on the Site does not constitute Snackdish's endorsement, recommendation, or acceptance of any responsibility for the content of that Linked Site or the operators of that Linked Site.

9. LIABILITY DISCLAIMER THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE OR SERVICE MAY INCLUDE INACCURACIES. CHANGES ARE PERIODICALLY MADE TO THE SITE AND SERVICES AND TO THE INFORMATION THEREIN. SNACKDISH MAY MAKE IMPROVEMENTS AND/OR CHANGES IN AND TO THE SITE AND/OR SERVICE AT ANY TIME. SNACKDISH MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATEDGRAPHICS CONTAINED WITHIN THE SITE AND SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. SNACKDISH HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. YOU SPECIFICALLY AGREE THAT SNACKDISH SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH A SNACKDISH SITE/SERVICE. YOU SPECIFICALLY AGREE THAT SNACKDISH IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT SNACKDISH IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE SITE OR ANY OTHER SNACKDISH WEB SITE OR SERVICE BY ANY THIRD PARTY. IN NO EVENT SHALL SNACKDISH BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR USE OF THE SERVICE, WITH THE DELAY OR INABILITY TO USE THE SITE OR USE OF THE SERVICE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE OR USE OF THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE OR USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SNACKDISH OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR THE SERVICE, OR WITH ANY OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE OR USE OF THE SERVICE. SNACKDISH CORP’S AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, SNACKDISH’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

10. INDEMNIFICATION If anyone brings a claim against us related to your actions, content or information on the Site, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

11. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Washington, without regard to any conflict of laws principles. You and Snackdish Corp agree to submit to the exclusive jurisdiction of the courts located within the county of King, Washington to resolve any legal matter arising from this Agreement. Notwithstanding this, You agree that Snackdish Corp shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

12. GENERAL If for any reason a court of competent jurisdiction finds any provision or portion of the Agreement to be unenforceable, the remainder of the Agreement will continue in full force and effect. These Agreement constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Agreement will be effective only if in writing and signed by Snackdish Corp.

 

Snackdish Privacy Policy

Snackdish Corp is committed to respecting your privacy. This Privacy Policy describes the measures we take to protect your privacy in connection with your use of http://www.snackdish.com (the “Site”).

This Privacy Policy applies to both corporate and individual customers and the individual users of our services. Customers and users are collectively referred to herein as “you.”

What Information We Collect

Feedback and Snackdish Support. You may submit contact information, such as your name, address, telephone number, email address or other relevant information, in connection with feedback, concerns, complaints, questions, or technical support (“Feedback”). Such information is used only to respond to those inquiries and is governed by this Privacy Policy.

IP Address. An Internet Protocol (”IP”) address is a unique string of numbers that is assigned to your computer by your Internet Service Provider. Web servers automatically identify your computer by its IP address. We obtain your IP address when you provide Feedback and use your IP address to log your visits, administer our Site, and to gather broad demographic information.

Cookies. A “cookie” is a small data file that can be placed on your hard drive when you visit certain websites. We may use cookies supplied by your browser or by third-party add-ins. We use session identification cookies to collect, store and sometimes track your visits to the Site. We do not tie any Personal Information to the cookies that we set on our Site. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser’s “help” file. These cookies do not enable third parties to access any of your personally identifiable information. Additionally, be aware that if you visit other websites you may be required to accept cookies. Advertisers and partners may also use their own cookies on our Site. We do not control use of these cookies and expressly disclaim responsibility for information collected through them.

Log data. We automatically collect typical web server log data (such as IP addresses and the pages you visit) when you use the Site. This information helps us evaluate how our subscribers use the services.

Customer Testimonials. We post customer testimonials on our Site which may contain personally identifiable information. We do obtain the customer's consent via email to include their name prior to posting the testimonial.

How We Use Personally Identifiable Information

Customer Relationship. When you provide personally identifiable information we may use this information in the context of your customer relationship with Snackdish or related third-parties, including: the launch of co-sponsored landing pages highlighting products and services we believe may be of interest to you, reporting and providing you with new products or services, offered by Snackdish or related third-parties, that will better meet your needs, announcements, updates, and upgrades. If you would like to opt-out of being notified, please contact us at the address given at the end of this Privacy Policy. If you would like to change your preferences online, please contact us at customers@snackdish.com. If you receive a marketing communication from our subsidiaries, business partners or independent resellers, you should opt-out with that entity directly.

Targeted Information. In connection with Feedback, your IP address and cookies, we may associate your personally identifiable information with your viewing history, comments and/or other non-personally identifiable information we collect from you while you are on our Site for our internal purposes. We will not share this information with third parties without your permission, although we may provide data to third parties in an anonymized form that cannot be used to identify you as an individual.

Public Forums. Snackdish, directly or through a link to another web site, may create, host and provide discussion forums, message boards, chat areas, newsgroups, weblogs and other public environments to the general public and its customers. Any information disclosed in these areas is deemed public information and each user is responsible for and should exercise caution when disclosing any personal information on such forums. Snackdish is not responsible for any action taken as a result of information presented or received in public forums, whether moderated or hosted by Snackdish or not. If you post personal information in any of our public forums, you may receive unsolicited email and communications from other parties.

Service Offering. Snackdish provides software as a service application that can be used in connection with your Facebook account. Facebook does not have access to your personally identifiable information collected from Snackdish as provided in this Privacy Policy.

Email. From time to time, we may send email messages informing you of products and services we believe may be of interest to you. Those marketing emails may contain code that enables our database to track the usage of the emails, including whether the email was opened and/or what links (if any) were clicked. We will combine such information to improve your experience with our services and equipment and/or provide customized email communications.

How We Share Information

Except as set forth below, we will not share, sell, rent, or trade your personally identifiable information with third parties (aside from entities that perform services for us that are either bound to comply with our Privacy Policy or have privacy policies that protect your information).

Use of Aggregated Data. Snackdish is interested in improving the Site and may develop and offer new features and services. We monitor aggregated data regarding use of the Site for marketing purposes and to study, improve and promote use of the Site. In connection with such purposes, we may share aggregated data with third parties collectively and in an anonymous way. Disclosure of aggregated data does not reveal personal information about individual Site users. We may gather usage data and demographic information from you from time to time. We will not share such information with any person or entity in a manner that identifies you as an individual, unless we let you know that at the time of collection, or we have your permission. When we share usage and demographic information with third parties, we will give them aggregate information only. As we develop our business, we may buy or sell assets, and, depending upon the transaction, your personally identifiable information may be one of the transferred assets. In the event Snackdish is acquired, merges with another entity, becomes insolvent, and/or declares bankruptcy, your personal information may be transferred or sold to another entity, in accordance with applicable law. We may disclose information you provide if required to do so by law or if we have a good faith belief that disclosure is necessary to (1) comply with the law or with legal process served on us; (2) protect and defend our rights or property; (3) act in an emergency to protect someone’s safety; and/or (4) to comply with a judicial proceeding, court order, or legal process served on our Site.

Options to Control Use of Personally Identifiable Information

Although most users tell us they value receiving information about our services and partners, we recognize the importance of providing you with choice and control. You have the ability to control certain personal information within Facebook (see, Application Settings). To the extent applicable, you may also contact us at customers@snackdish.com for further information and assistance.

How You Can Update or delete Personal Information

You can help us maintain the accuracy of your personal information by notifying us of a change of address, phone number or email address. If at any time you wish to update or delete your information or stop receiving communication from us, please contact us by email at customers@snackdish.com. Please include your current contact information so that we can make the appropriate corrections. We will respond to your request to access within 30 days of receiving it. In addition, you must update your information and/or delete your relationship with Snackdish by adjusting your preferences within Facebook (see, Application Settings).

What Else You Should Know About Privacy and this Privacy Policy

Blogs. If you use blogs, you should be aware that any personally identifiable information you submit there can be read, collected or used by other users of the Site, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these areas of the Site.

Links to Other Sites. Our Site may contain hyperlinks and pointers to websites maintained by third parties. These links are provided for your reference only. We do not control, operate or endorse in any respect information, products or services on such third-party websites and are not responsible for their content. Many third-party sites have their own privacy policies that differ from ours. This Privacy Policy only covers our Site and does not cover any other website. While we make every effort to keep your information secure, we do not control the policies of other websites.

Snackdish Employees. Snackdish’s employees are required to keep user information private as a condition of their employment. Only selected, authorized employees are permitted to access your personal information. All employees and contractors must abide by our Privacy Policy and company privacy rules.

Children’s Personally Identifiable Information. The Site is not directed to children under the age of 13 and we do not knowingly collect information from children under the age of 13.

Changes to this Privacy Policy. If we decide to change our privacy policies, we will post those changes to this Privacy Policy, the home page, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this Privacy Policy at any time, so please review it frequently. If we make material changes to this Privacy Policy, we will notify you here, by email, or by means of a notice on our home page.

Contacting Snackdish

We would like to receive your comments and questions about this Privacy Policy and any other matter you have regarding our services. Please address comments or questions to us via email us at customers@snackdish.com.

Correcting/Updating/Deleting/Deactivating Personal Information

If a user's personally identifiable information changes (such as your name, Facebook account information, or email address), or if a user no longer desires our service, the Application Settings within Facebook is the first action to take in order to correct, update or delete/deactivate users' personally identifiable information. Updating, correcting information for future use, deleting or deactivating an account can generally be handled within the Application Settings on Facebook. Changes within Facebook do not alter any information posted prior to such changes. If you have further questions you may contact Customer Service at customers@snackdish.com. All requests will be handled with 30 days of receipt of such request.

Questions regarding this Privacy Statement should be directed to customers@snackdish.com. Please specify "Privacy Statement" in the subject line of your email.

Acceptance of Privacy Policy

Your use of our Site, including any dispute concerning privacy, is subject to this Privacy Policy and the Terms of Use available at http://www.snackdish.com/terms. BY USING OUR SITE, YOU ARE ACCEPTING THE PRACTICES SET OUT IN THIS PRIVACY POLICY. We reserve the right to modify this Privacy Policy at any time by posting the changes on this page. Please check the revision date at the bottom of this page to determine if the Privacy Policy has been modified since you last reviewed it. Your continued use of any portion of our Site following posting of the updated Privacy Policy will constitute your acceptance of the changes.

Effective Date

This Privacy Policy was last revised on Jan 14, 2016.