FLAVORWIKI WEBSITE TERMS OF USE

Welcome

We thank You for visiting our Internet website www.flavorwiki.com(the “Website“) powered by Smart Sensory Analytics LLC, a limited liability company incorporated under the laws of Delaware with its registered office at 140 Jonathans Drive West End, NC 27376, United States (hereinafter referred to as “FlavorWiki“, “We“, “Us“, “Our“).

We make information, products, and services available on the Website, subject to the following terms and conditions for accessing, visiting and/or otherwise using any and all web pages and related content and materials (the “Terms“).

PLEASE READ THE TERMS CAREFULLY BEFORE USING THE WEBSITE. BY ACCESSING, VISITING AND/OR USING THE WEBSITE, YOU ARE AGREEING TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE TO THE TERMS; PLEASE DO NOT ACCESS AND/OR USE THE WEBSITE.

You” or “Your” means You personally (i.e. the individual who reads and agrees to be bound by the Terms) and, if You access the Website on behalf of a corporation or other legal entity, collectively, You and such corporation or other legal entity on whose behalf You access the Website.

Your use of the Website and Your access to the services provided by Us may be subject to additional terms and conditions provided by FlavorWikiand available on the Website. Such additional terms and conditions include, but are not limited to, license agreements, service-specific notices or statements and FlavorWiki’s privacy and personal data policy. Those additional terms are hereby incorporated by reference into the Terms. If there is any conflict between those additional terms and the Terms, the additional terms shall prevail with respect to the subject matter of such additional terms.

FlavorWiki reserves the right to modify or revise the Terms at any time and without notice. Your continued use of the Website after such changes will indicate Your acceptance of such changes. Please remember to regularly consult this page in order to take note of any changes or amendments that may have been made to the Terms. The version published on the Website at the relevant time applies between You and FlavorWiki.

FlavorWiki reserves the right to interrupt at all times the supply of the Website or to modify it, to any extent, without notice and without stating reasons. FlavorWiki further reserves the right to seek all remedies available by law and in equity, as the case may be, for any violation of the Terms. Any rights not expressly granted herein are reserved by FlavorWiki.

Terms Applicable to Corporations

The following terms and conditions apply specifically to any corporation or other legal entity that is subject to the Terms.

If You are using this Website on behalf of a corporation or other legal entity, You represent that You are authorized to accept the Terms on behalf of such corporation or other legal entity.

In addition, You agree to require each of Your employees to be bound by the terms and conditions of the Terms and You agree to remain responsible and liable for all acts and omissions of Your employees in connection with the Website, including any breaches of the Terms. All references to Your access and/or use of the Website herein include access and/or use of the Website by Your employees. You agree that each of Your employees is responsible for maintaining the confidentiality of any password that such employee may use to access the Website, and You agree not to let any employee transfer a password or user name, or lend or otherwise transfer use of or access to the Website, to other employees or any third party. If an employee leaves Your employ, or if You wish to disable an employee’s access to the Website, You are responsible for any such changes. You are fully responsible for all interaction with the Website that occurs in connection with passwords or user names associated with Your employees (including any former employees).

Access to Website

When accessing, visiting and/or otherwise using the Website, You must comply with all applicable laws, including federal, state, and local laws as well as the laws of Your jurisdiction. You agree not to use or exploit the content of the Website in any manner inconsistent with the Terms and, in particular, to always respect the rights granted or the restrictions set forth herein.

Notwithstanding the above, and pursuant to the Terms, FlavorWiki grants You a personal, non-exclusive, non-transferable and revocable right to access the Website, to use its different functionalities, display its content and benefit from its services, under the following conditions and rules of conduct:

Privacy and personal data policy

In principle, You are free to visit parts of the Website without being obliged to provide any of Your personal data.

However, when You visit certain areas of the Website and, in particular, when accessing and using Our services, You may submit content to Us that includes Your personal data. We know that by sharing with Us Your personal data, You are trusting Us to treat it appropriately.

FlavorWiki’s privacy and personal data policy (the “Policy“) details how We collect and process Your personal data. You acknowledge that You have read and understood the Policy before providing Us with any of Your personal data.

You in turn agree that FlavorWiki may use and share Your personal data in accordance with the Policy and the applicable data protection laws.

In addition, You represent and warrant that any information that You provide in connection with Your use of the Website is and shall remain true, accurate and complete, and that You will maintain and update such information regularly. You agree that if any information that You provide is or become false, inaccurate, obsolete or incomplete, FlavorWiki may terminate Your use of the Website and Your access to the services.

Account Registration

In order to access certain areas of the Website, You may be required to have a valid account.

To create an account, You must provide us with an electronic mail address, as well as other information (the “Access Data“). You are responsible for maintaining the confidentiality of Your Access Data and for all activities that occur under Your account.

You agree to immediately notify us of any unauthorized use of Your account or any other breach of security.  You further commit to exit from Your account at the end of each session.

You represent and warrant that Your Access Data are true, accurate, current and complete. We shall assume no liability in relation with Your Access Data. If You provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that it might be the case, we reserve the right to suspend or terminate Your account and refuse any and all current or future use of our Services or any portion thereof.

By registering an account, You represent and warrant that You are at least 18 years of age. You are solely responsible for ensuring that the use of our Services is in compliance with all laws, rules and regulations applicable to You, it being specified that any use of our Services that conflicts with any applicable law, rule or regulation is strictly prohibited.

We may, in our sole discretion, refuse to offer our Services to any specific person or entity and change our eligibility criteria at any time.

Intellectual property rights

The Website includes content owned, operated, licensed and/or controlled by FlavorWiki. The information and materials made available through the Website are and shall remain the property of FlavorWiki, and are protected by copyright, trademark, patent, and/or other proprietary rights of the like. FlavorWiki grants You a limited, revocable, non-sublicensable right to view the content of the Website solely for Your internal use of the Website.

You may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, rent, lease, modify, loan, sell, distribute or create derivative works based (whether in whole or in part) on the Website or any information from the Website, in whole or in part, without the express prior written authorization of FlavorWiki. Elements of the Website are protected by copyright, trademark, unfair competition and/or other applicable laws and may not be copied or imitated in whole or in part. No logo, graphic, sound, or image from the Website may be copied or retransmitted unless expressly permitted in writing by FlavorWiki. Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of FlavorWiki’s or its affiliates’ or suppliers’ trade names, trademarks or service marks without FlavorWiki’s express prior written consent.

User content

The Website might allow You to upload or otherwise provide Us text, files, images, photos, video, sounds, software, works of authorship, or other materials (collectively, the “User Content“) and to store, publish or share such content with Us.

You retain ownership of Your User Content. FlavorWiki does not claim any ownership rights in that regard. However, by submitting Your User Content to Us through our Website, You grant Us a worldwide, royalty-free, sublicensable, perpetual, irrevocable license to use, modify, publicly perform, publicly display, reproduce, create derivative works, distribute, transfer and otherwise exploit such User Content, but only for providing You with access to the Website and the services as well as for fulfilling Our contractual obligations towards Our clients.

In relation to Your User Content, You guarantee that (i) You have all the rights and authorization to grant the licenses to FlavorWiki as mentioned above and that (ii) the content You submit doesn’t violate any norm, contractual obligation or third party right, especially concerning intellectual property rights and copyrights.

FlavorWiki will store and process Your User Content in a manner consistent with industry security standards. In this regard, We have implemented appropriate technical, organizational and administrative systems, policies and procedures designed to help ensure the security and integrity of Your User Content and to mitigate the risk of unauthorized access to – or use of – Your User Content.

Surveys

Through the Website, We provide access to surveys and questionnaires (the “Surveys“).

Participation in the Survey may be remunerated according to the modalities indicated in each specific Survey terms and conditions which are accessible on the Survey page (the “Survey Notice“). Such remuneration is intended as a favor only. Neither Us nor our clients give any guarantee whatsoever in relation with the remuneration.

The Surveys are only open to individuals who are (i) over the age of majority according to the legislation of their place of residence, (ii) free of food allergies unless specifically indicated and (iii) additional eligibility criteria as expressly indicated in the Survey Notice, which may be specific to each survey.

To participate in the Survey, please declare Your intention by clicking on the corresponding link or button on the Website. In doing so, You guarantee that You will at all times comply with the Terms and the Survey Notice.

You commit to accurately follow the instructions provided in the Survey Notice and to provide truthful and honest answers based on Your personal experience.

THE REMUNERATION (IF ANY) IS GRANTED ONLY FOR SURVEYS WHICH HAVE BEEN COMPLETED HONESTLY AND IN FULL. WHERE A SURVEY IS NOT COMPLETED (FOR WHATEVER REASON) OR IF THE PARTICIPANT FAILS TO ANSWER THE SURVEY TRUTHFULLY, OR ANSWERS ILLOGICALLY, OR WITHOUT FOLLOWING THE INSTRUCTIONS PROVIDED IN THE SURVEY NOTICE, THEN NO REMUNERATION WILL BE GRANTED.

WE RESERVE THE RIGHT TO EXCLUDE PARTICIPANTS FROM THE SURVEYS, AT OUR ENTIRE DISCRETION, WITHOUT NOTICE AND WITHOUT HAVING TO STATE THE REASONS, PARTICULARLY AND WITHOUT LIMITATION IN THE EVENT OF FRAUDULENT OR UNFAIR CONDUCT AIMED AT MANIPULATING THE SURVEY.

MORE GENERALLY, ANY DECISIONS TAKEN BY US IN THE CONTEXT OF THE SURVEYS ARE DEFINITIVE AND BINDING UPON PARTICIPANTS. THEY CANNOT BE THE SUBJECT OF ANY DISCUSSION OR APPEAL. NO CORRESPONDENCE SHALL BE EXCHANGED WITH REGARD TO SUCH DECISIONS. WE DO NOT NEED TO JUSTIFY OUR DECISIONS.

Links to other websites

The Website might contain links which would take You outside of FlavorWiki’s networks and systems, especially towards third-party websites. FlavorWiki accepts no responsibility concerning the content, the accuracy or the functioning of these third-party websites. FlavorWiki cannot be held liable for the content of the websites towards which a link is proposed. The inclusion of a link to other websites does not imply FlavorWiki’s approval. We recommend You to carefully review the privacy and data protection policies as well as the general terms and conditions of each website You visit and of each online service You use.

Emails security

When You communicate with FlavorWiki by email, You should take into account that the protection of emails and messages transmitted through the Internet is not guaranteed. Consequently, while sending by emails important or confidential messages, not encoded, You accept the risks linked to this uncertainty and the possible lack of confidentiality over the Internet.

No guarantees

In general

The use of the Website is at Your own risk.

The Website is offered « as it is » and « as it is available ». Consequently, FlavorWiki does not offer any guarantee.

We especially do not guarantee that (i) the Website and its related services will meet Your requirements; (ii) its content is exhaustive, accurate, precise, reliable, updated and does not transgress the right of third parties; (iii) Your access to the Website will be uninterrupted or error-free or virus-free, or that the Website will be available at all times; (iv) defects will be corrected; (v) the Website is secured; or that (vi) any advice or opinion received from us or through the Website is exact and reliable.

Any information accessible via the Website is subject to modification or deletion without notice.

The complete enjoyment of the services and/or features provided through the Website and FlavorWiki may need to use third-parties services (Google Maps™, YouTube™, Facebook™ or Twitter™ buttons, etc.). FlavorWiki does not guarantee that the access to these services is available in the country where You are located according to local applicable law and regulations. To that extent, FlavorWiki shall not bear any liability for damages due to the impossibility to connect to such services.

Accuracy, exhaustiveness and timeliness of information

We use reasonable efforts to ensure that information accessible via the Website is accurate and complete. Should this not be the case, FlavorWiki shall nevertheless accept no liability. You acknowledge that any reliance upon such information shall be at Your sole risk. You acknowledge that it is Your obligation and responsibility to keep Yourself informed of any change or amendment that may have been made to the content of the Website and its related services. Any liability on the part of FlavorWiki in this respect is excluded.

Limitation of liability

TO THE EXTENT PERMITTED BY LAW, ANY LIABILITY ON THE PART OF FLAVORWIKI, ITS REPRESENTATIVES, ITS PARTNERS OR ANY OF ITS AUXILIARIES THAT MIGHT RESULT FROM YOUR ACCESS TO – OR YOUR USE OF – THE WEBSITE, IS EXCLUDED.

IN NO EVENT SHALL FLAVORWIKI AND/OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, SUPPLIERS AND LICENSORS AND ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES BE LIABLE FOR ANY SPECIAL, INDIRECT, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE WEBSITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, WHETHER IN AN ACTION OF EQUITY, CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE WEBSITE, ANY PRODUCTS AND SERVICES AVAILABLE THROUGH THE WEBSITE, ANY SOFTWARE, INFORMATION, CONTENT, DOCUMENTS, RELATED GRAPHICS, PROVISION OF OR FAILURE TO PROVIDE SERVICES AVAILABLE FROM OR THROUGH THE WEBSITE, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, FLAVORWIKI AND/OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, SUPPLIERS AND LICENSORS AND ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR FROM ANY SOFTWARE AND/OR OTHER CONTENT POSTED ON THE WEBSITE BY FLAVORWIKI OR ANY THIRD PARTY.

YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE. THE MAXIMUM LIABILITY OF FLAVORWIKI FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO FLAVORWIKI TO ACCESS AND USE THE WEBSITE.

THE WEBSITE, THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE WEBSITE AND THE INFORMATION, CONTENT, SOFTWARE, DOCUMENTS, AND RELATED GRAPHICS PUBLISHED ON THE WEBSITE COULD INCLUDE TECHNICAL INACCURACIES, ERRORS, OR OMISSIONS. CHANGES MAY BE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FlavorWiki AND/OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, SUPPLIERS AND LICENSORS MAY, BUT ARE NOT OBLIGATED TO, MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE, THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE WEBSITE AND THE INFORMATION, SERVICE(S), PRODUCT(S), AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.

AS A PREREQUISITE TO YOUR USE OF THE WEBSITE, YOU COMMIT YOURSELF TO INDEMNIFY FLAVORWIKI, ITS REPRESENTATIVES, ITS PARTNERS AND ITS AUXILIARIES, FROM ANY DAMAGE OR EXPENSE (INCLUDING LAWYERS’ FEES AND COURT COSTS) THAT MIGHT RESULT FROM YOUR ACCESS TO – OR YOUR USE OF – THE WEBSITE.

NOTHING IN THIS SECTION SHALL LIMIT FLAVORWIKI’s LIABILITY TO YOU TO THE EXTENT SUCH LIABILITY CANNOT BE EXCLUDED UNDER APPLICABLE LAWS, INCLUDING (ONLY TO THE EXTENT APPLICABLE AND WITHOUT LIMITATION) LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM FlavorWiki’s PROVEN NEGLIGENCE, OR FRAUDULENT MISREPRESENTATION, OR CONCEALMENT.

Miscellaneous

The Terms constitute the entire agreement between You and us concerning the access to –and the use of – the Website.

Unlike FlavorWiki, You are not allowed to transfer to third parties the rights and obligations which are Yours according to the Terms.

If any provision of the Terms is held by a court or other tribunal of competent jurisdiction to be invalid or unenforceable for any reason, it shall be replaced with a provision having legal and economic effects as similar as possible to the invalid provision. In any event, all other provisions of the Terms shall remain valid and enforceable to the fullest extent possible.

You may not use or export or re-export any content of the Website or any copy or adaptation of such content, or any product or service offered on the Website, in violation of any applicable export laws or regulations.

If You or others violate the Terms and we take no immediate action, this in no way limits or waives our rights, such as our right to take action in the future or in similar situations.

The Terms are available in English language only.

Applicable law and jurisdiction

You agree that all matters relating to Your access to or use of the Website, including all disputes based on the Terms, will be governed by the substantive laws of Delaware USA, without regard to its conflicts of laws provisions. The United Nations Convention on the International Sale of Goods is expressly excluded.

You agree to the personal jurisdiction by and venue in the ordinary courts of venue, United States and waive any objection to such jurisdiction or venue.

Any claim under the Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between FlavorWiki and You arising out of or in connection with Your use of the Website and/or based on the Terms, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If FlavorWiki and You are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law, as defined above.

Notwithstanding the foregoing, if the mandatory laws or public policy of any country or territory in which the Terms are enforced or construed prohibit the application of the laws specified herein, then the laws of such country or territory shall instead apply to the extent required by such mandatory laws or public policy. Similarly, if You are an individual consumer, the preceding choice-of-law and choice-of-jurisdiction provisions shall not affect any mandatory right You may have to take action in Your country of residence under the laws of that country.

The Terms were last updated on July 9, 2019 and are effective immediately.

Should You have questions or comments regarding the Terms or suggestions regarding their improvement, please contact our support team at support@flavorwiki.com or by phone at +1 (910) 722 1560 of +41 79 137 2228.

All rights on the Terms belong to their author. Any reproduction, without prior license, is strictly forbidden.

Thank You for visiting FlavorWiki.