1. GENERAL INFORMATION
2. MEMBERSHIPS AND SUBSCRIPTIONS
3. CANCELLATION OF SERVICES
Cancellation by You. You may cancel a Monthly or Yearly subscription at any time. Cancellation is effective at the end of the applicable monthly or annual period. If you purchased a subscription through the Apple iTunes Store or our iPhone application, you may cancel your subscription by canceling automatic renewal of paid In App Subscriptions by selecting Manage App Subscriptions in your iTunes Account settings and selecting the subscription you want to modify. If you purchased a subscription through the Google Play store you may cancel automatic renewals in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play.Cancellation by Us. We may suspend or terminate your use of the Products as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice. A breach of these Terms, includes without limitation, the unauthorized copying or download of our audio or video content from the Products. No refund will be provided if we suspend or terminate your use of the Products.
4. AVAILABILITY OF PRODUCTS
No Guarantee. Although we aim to offer you the best service possible, we make no promise that the Products will meet your requirements and we cannot guarantee that the Products will be fault free. If a fault occurs in the Products, please report it to us at email@example.com and we will review your complaint and, where we determine it is appropriate to do so, correct the fault. If the need arises, we may suspend access to the Products while we address the fault. We will not be liable to you if the Products are unavailable for a commercially reasonable period of time.Downtime. Your access to the Products may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or Products. We will restore the Products as soon as we reasonably can. In the event that the Products are unavailable, our usual Order and cancellation deadlines apply; please notify us of changes to your Order by emailing firstname.lastname@example.org.
5. PROHIBITED USE OF THE PRODUCTS
No Viruses or Malware. You agree not to upload, post, email or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Products or the Products themselves. You agree not to interfere with the servers or networks underlying or connected to the Products or to violate any of the procedures, policies or regulations of networks connected to the Products. You may not access the Products in an unauthorized manner.No Improper Conduct. You agree not to upload, post, email or otherwise send or transmit any content that (a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or right of publicity or privacy; (b) violates or encourages any conduct that would violate any applicable law or regulation or that would give rise to liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threating or promotes violence or actions that are threatening to any person or entity; or (g) promotes illegal or harmful activities or substances.No Impersonation. You agree not to impersonate any other person while using the Products or use the Products for any illegal, immoral or harmful purpose.Criminal Offense. By breaching the provisions of section 4, you may commit a criminal offense under applicable laws. We may report any such breach to the relevant law enforcement authorities and we may cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Products will cease immediately.No Use for Scientific Research. You agree not to use the Products for any purposes related to scientific research, analysis or evaluation of the Products without the express written consent of Savor.
6. LICENSE AND INTELLECTUAL PROPERTY
License to Use Products. Subject to the terms of the license as set out in the Terms, and your payment of applicable subscription fees, Savor grants you a limited, non-exclusive, revocable license to stream, download and make personal non-commercial use of the Products. The Products contain or embody copyrighted material, proprietary material or other intellectual property of Savor or its licensors. All right, title and ownership in the Products remain with Savor or its licensors, as applicable. The rights to download and use the Products are licensed to you and are not being sold to you, and you have no rights in them other than to use them in accordance with this License Agreement and our other TermsOwnership and License of Materials. The Products and all materials (including software and content whether downloaded or not) contained in the Products and all intellectual property rights in and to the Products and to such materials are owned by Savor (or our affiliates and/or third-party licensors, where applicable), unless indicated otherwise. You agree and acknowledge that the materials are valuable property and that other than any specific and limited license for use of such materials, you shall not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in these Terms, and any other relevant terms and conditions provided to you without our prior written permission. Audio or video content from Savor not explicitly indicated as downloadable may not be downloaded or copied from the Products or any Device.No Commercial Use. The Products are not intended for your commercial use. Commercial advertisements, affiliate links, and other forms of solicitation may be removed by us without notice and may result in termination of privileges. You must not use any part of the materials used in or on the Products for commercial purposes without obtaining a written license to do so from us. Material from the Products may not be copied or distributed, or republished, or transmitted in any way, without our prior written consent. Any unauthorized use or violation of these Terms immediately and automatically terminates your right to use the Products and may subject you to legal liability. You agree not to use the Products for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes) and you agree that you will comply with all laws, rules, and regulations related to your use of the Products. Appropriate legal action may be taken for any illegal or unauthorized use of the Products.Limited License to Distribute. A limited amount of content may be marked and authorized for the user to share in their personal social channels (Facebook, Twitter, etc.). With respect to content made available by Savor through the Products that is specifically identified as available for distribution by you (“Distribution Content”) as part of your blog or other online commentary, analysis or review (“User Commentary”), Savor grants you a limited right to download, reproduce and distribute Distribution Content over the internet as part of your User Commentary. You may also modify such Distribution Content but only as required to technically enable the display and distribution of such content through your computer systems and over the Internet (e.g. a change in video format or file size) provided such modification does not materially alter the substance or quality of such content. Your display and distribution of Distribution Content may also be subject to other terms and conditions that are set forth in the description of such content in the Products, such as display and distribution of Distribution Content only within specified usage dates. You agree not to publish the Distribution Content with other content that is known by you to be false, inaccurate, or misleading or that is, or that encourages activity or conduct that is, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. Distribution Content may contain trackers that enable us to collect information with respect to the distribution and consumption of such content.Prohibitions. You agree that you will not and you will not assist or permit any third party to:copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, de-compile, or disassemble the Products in any way, or create derivative works of the Products;use the Products or any part of them to create any tool or software product that can be used to create software applications of any nature whatsoever;rent, lease, loan, make available to the public, sell or distribute the Products in whole or in part;tamper with the Products or circumvent any technology used by Savor or its licensors to protect any content accessible through the Products;circumvent any territorial restrictions applied to the Products; oruse the Products in a way that violates this License Agreement or the other Terms.You may not make the Products available to the public. The Products made available (in whole or in part) are owned by Savor or its licensors and your use of them must be in accordance with these Terms.No Downloading or Duplication. You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials in the Products. If you make other use of the Products, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of Canada and/or other countries and may be subject to liability for such unauthorized use. Savor will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.Trademarks. All intellectual property, trademarks, logos, images, product and company names displayed or referred to on or in the Products are the property of Savor or their respective owners. Nothing grants you any license or right to use, alter or remove or copy such material. Your misuse of the trademarks displayed on the Products is strictly prohibited. Savor will enforce its trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.
7. USER MATERIAL
User Material. The Products may let you submit material to us: for example, you may be able to upload a photo to your profile, post subjects, and comments in the community and comment on various matters in various parts of the Products. You may be able to upload video, images or sounds. In these Terms, we use the term “User Material” to refer to any publicly available material of any kind that you submit to us, including text, files, images, photos, video, sounds, and musical or literary works. User Material does not include the account information, Product purchase, or Product use information which you provide in registering for and using Products. This Part sets out the rights and obligations that each of us has in connection with User Material. If you review or submit User Material, you are agreeing to do so in accordance with these Terms. If you do not want to review or submit User Material in accordance with these Terms, then you should not do so.No Review. We do not systematically review User Material submitted by you or other users. We are not responsible for the content of User Material provided by you or any other user. We do not necessarily endorse any opinion contained in such material. We make no warranties or representations, express or implied, about User Material, including as to its legality or accuracy.Discretion to Remove. We reserve the right, in our sole discretion, to refuse to post or to remove or edit any of your User Material, or to restrict, suspend, or terminate your access to all or any part of the Products, particularly where User Material breaches this Part, and we may do this with or without giving you any prior notice.Linkage and Use. We may link User Material or parts of User Material to other material, including material submitted by other users or created by Savor or other third parties. We may use User Material for our internal business purposes, for example, to examine trends or categories or to promote, market or advertise Savor. You acknowledge that we may indirectly commercially benefit from the use of your User Material.Representations. Each time you submit User Material to us, you represent and warrant to us as follows:you own or otherwise control the rights to your User Material or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (such as copyright or trademark), privacy or publicity rights, rights of confidentiality or rights under contract;your User Material is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, and does not encourage conduct that would be considered a criminal offense, and does not give rise to civil liability, violate any law, or is otherwise deemed inappropriate;your User Material does not advertise any product or service or solicit any business;your User Material does not identify any individual (including by way or name, address or a still picture or video) under the age of 18 and if User Material identifies any individual over the age of 18, you have that person’s consent to being identified in exactly that way in your User Material; and in submitting your User Material you are not impersonating any other person;you will not collect email addresses of users for the purpose of sending unsolicited email;you will not engage in criminal or tortious activity, including fraud, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets or attempt to impersonate another user or person;you will not engage in any automated use of the system, such as using scripts to alter our content;you will not, without authorization, access, tamper with, or use non-publicexcept as necessary to maintain your own computer security by use of commercial-off-the-shelf anti-virus or anti-malware products, you will not attempt to probe, scan, or test the vulnerability of the Products or any other Savor system or network or breach any security or authentication measures.Copyright Protection. We are committed to complying with copyright and related laws, and we require all users of the Products to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Products in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent. If you feel that a posted message is objectionable or infringing, we encourage you to contact us immediately. Upon our receipt of a proper notice of claimed infringement, we will respond expeditiously to remove or disable access to, the material claimed to be infringing and will take appropriate steps to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. If you believe that your work has been copied and posted on the Products in a way that constitutes copyright infringement, please contact us with sufficient details to support your claim and details how to contact you at email@example.com.Indemnification. You agree to indemnify Savor and its affiliates for all claims arising from or in connection with any claims to any rights in your User Material, any damages arising from your User Material or any breaches of any representations or warranties related to your User Materials.Disclosure of Your Identity. We are entitled to identify you to third parties who claim that their rights have been infringed by User Material you have submitted.No Confidentiality. User Material is not considered to be confidential. You agree not to submit any content as User Material in which you have any expectation of privacy.License. We do not claim any ownership rights in User Material. However, by submitting User Material you hereby grant Savor an irrevocable, perpetual, non-exclusive, royalty-free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the User Material you post on the Products or any portion thereof, and any ideas, concepts, or know how contained therein, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such User Material, and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. Savor may include your User Material in Savor’s Distribution Content that is made available to others through the Products. Be aware that Savor has no control over User Material once it leaves the Products, and it is possible that others may duplicate material found on the Products, including, but not limited to, on other sites on the Internet.Submissions. Any inquiries, feedback, suggestions, ideas, other information which is not part of your use of the Products or User Material that you provide to us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. By transmitting, uploading, posting, e-mailing, or otherwise submitting Submissions to the Products, you grant, and you represent and warrant that you have the right to grant, to Savor an irrevocable, perpetual, non-exclusive, royalty-free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the Submissions, or any portion thereof and any ideas, concepts, or know how contained therein, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such Submissions, and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. You also acknowledge that your Submissions will not be returned to you and that Savor has no obligation to acknowledge receipt of or respond to any Submissions. If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You agree to indemnify Savor and its affiliates for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.
8. LINKS TO WEBSITES/HOME PAGE
Links to Other Websites. We may provide links to other websites or services for you to access. You acknowledge that any access is at your sole discretion and for your information only. We do not review or endorse any of those websites or services. We are not responsible in any way for:(a) the availability of, (b) the privacy practices of, (c) the content, advertising, products, goods or other materials or resources on or available from, or (d) the use to which others make of these other websites or services. We are also not responsible for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.Link to Our Website. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Products must not be framed on any other website, nor may you create a link to any part of the Products unless you have written permission to do so from Savor. We reserve the right to withdraw linking permission with written notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy. If you wish to make any use of material on or in the Products other than that set out above, please address your request to firstname.lastname@example.org.
Products Disclaimer. The information contained in the Products is for general information purposes only. While we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Products or the information contained on the Products for any purpose. Any reliance you place on such information is therefore strictly at your own risk.Medical Disclaimer. Savor is a provider of online content in the food, health & wellness space. We are not a health care or medical device provider, nor should our Products be considered medical advice. Only your physician or other health care provider can do that. Savor makes no claims, representations or guarantees that the Products provide a therapeutic benefit. Any health information and links on the Products, whether provided by Savor or by contract from outside providers, is provided simply for your convenience. Any advice or other materials in the Products are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your individual condition and circumstances. The advice and other materials we make available are intended to support the relationship between you and your healthcare providers and not replace it. We are not liable or responsible for any consequences of your having read or been told about such advice or other materials as you assume full responsibility for your decisions and actions. In particular, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials, and information published as part of the Products.
10. GENERAL TERMS AND CONDITIONS
Assignment. Savor may transfer its rights and obligations under these Terms to any company, firm or person at any time if it does not materially affect your rights under it. You may not transfer your rights or obligations under these Terms to anyone else. These Terms are personal to you and no third party is entitled to benefit under these Terms except as set out here.Indemnity. You agree to defend, indemnify and hold Savor and its directors, officers, members, investors, managers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Products, your placement or transmission of any message, content, information, software, or other submissions through the Products, or your breach or violation of the law or of these Terms. Savor reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Savor defense of such claim.Products Provided As Is. The Products and their content are otherwise provided on an “as is” basis and we make no representations or warranties of any kind with respect to them, including as to the accuracy, completeness or currency of the Products or their content. We assume no liability or responsibility for any errors or omissions in the content of the Products or any failures, delays, or interruptions in the provision of the Products. We disclaim and exclude any express or implied warranties or representations, including any warranties as to merchantability or fitness for a particular purpose of the Products to the broadest extent permitted by law. We make no warranties or representations, express or implied, as to the timeliness, accuracy, quality, completeness or existence of the content and information posted on the Products. We make no warranties or representations, express or implied, for technical accessibility, fitness or flawlessness of the Products. We make no warranties or representations that your use of content and information posted on the Products will not infringe rights of third parties. All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity are, to the extent permitted by law, excluded.
Limitations on Liability.
NOTWITHSTANDING ANYTHING HEREIN CONTAINED, UNDER NO CIRCUMSTANCES WILL SAVOR AND ITS AFFILIATES, SUPPLIERS, CLIENTS OR LICENSORS BE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES RELATING TO THE PURCHASE OR USE OF THE PRODUCTS FOR AN AGGREGATE AMOUNT IN EXCESS OF THE AGGREGATE DOLLAR AMOUNT PAID BY YOU FOR THE PRODUCTS. FURTHERMORE, IN NO EVENT SHALL SAVOR AND ITS AFFILIATES, SUPPLIERS, CLIENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR ANTICIPATED PROFITS, BUSINESS INTERRUPTION, LOSSES OR OTHER ECONOMIC LOSS IN CONNECTION WITH OR OTHERWISE ARISING OUT OF YOUR USE OF PRODUCTS PROVIDED.
No Waiver. If we delay exercising or fail to exercise or enforce any right available to us under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms. Force Majeure. We will not be liable to you for any lack of performance, or the unavailability or failure, of the Products, or for any failure or delay by us to comply with these Terms, where such lack, unavailability or failure arises from any cause beyond our reasonable control.Interpretation. In these Terms, unless the context requires otherwise: i) any phrase introduced by the words “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; and ii) references to the singular include the plural and to the masculine include the feminine, and in each case vice versa.Notices. Unless otherwise specifically indicated, all notices given by you to us must be given to Savor at email@example.com. We may give notice to you at the e-mail address you provide to us when you register. Notice will be deemed received and properly served immediately when posted on the Products or when an e-mail or other electronic communication is sent. In proving the service of any notice via email, it will be sufficient to prove that such e-mail was sent to the specified e-mail address of the addressee.Entire Agreement. These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to their subject matter. We each acknowledge that neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms or the documents referred to in them. Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.Governing Laws. These Terms shall be governed and construed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein.Arbitration. Subject to section 10.12, you and Savor waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury. Rather, you and Savor elect to have claims and disputes resolved by arbitration. If we are unable to resolve a dispute, then either of us may refer the matters in dispute for determination by arbitration in Vancouver, British Columbia by a single arbitrator in accordance with the provisions of the Arbitration Act (British Columbia). The costs of arbitration shall be awarded by the arbitrator. A decision of the arbitration shall be final and binding on the parties.Class Action Waiver. Where permitted under the applicable law, you and Savor agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class or consolidated action. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Savor are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in section 10.13 below.
Exclusive Venue. To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and Savor hereby irrevocably attorn to the non-exclusive jurisdiction of the courts of the Province of British Columbia.Severability. If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.