The Terms of Service (“Terms” or “Agreement”) of the ThinkYum website (“Site”), email list subscriptions, meal plan content subscriptions and other features (collectively referred to as “Services”). These
Terms govern your (“User”) use of the ThinkYum (“Provider”) website located at the domain name www.thinkyum.squarespace.com. By accessing and using the Site, the User agrees to be bound by the Terms set out in this
The User may not access, display, use, download, and/or otherwise copy or distribute content obtained on the Site for marketing and other purposes without the consent of the Provider.
ThinkYum may change, modify, add or remove sections of these Terms at any time by posting the revised Terms on the Site. The changes take effect when wepost the Terms on the Site. You should check these Terms periodically for any updates or changes. By using the Site after we have posted any changes to the Terms, you agree to accept those changes, whether or not you have reviewed them.
Registration as a User with our Services results in your personal information being stored and processed, and you specifically consent to allow the storage and processing of your personal data.
The use of any Service from this Site is at the User’s risk. The User indemnifies and holds the Provider harmless against any loss, injury or damages which may be sustained as a result of using the Content on the Website.
The Site and Services are only available to people who can form legally binding contracts under the law applicable to these Terms. Our Site and Services are not available to minors (under 18 years of age). If you do not qualify as an authorized user,
you are not permitted to use our Site or Services and no Agreement will be formed between you and ThinkYum.
As a condition of your use of the Site and Services, you agree to provide true, accurate, current and complete information as prompted by the registration forms, when registering for or using the Site and Services, and to update and maintain the accuracy and completeness of the information.
There is no cost to use the Site and to access selected recipes (“Tasty Testers”), although certain features of the Site and Services are only available to paying subscribers. You do not have to become a registered user to use the Site. However, if you do not register, you may not be able to use certain products, offerings, features, or resources of the Site. You must register in accordance with instructions prompted by the registration forms. Registered users agree not to register for more than one account, create an account on behalf of someone else, or create a false or misleading identity on the Site.
The Site contains text, software, scripts, graphics, pictures, data, videos, user-generated information, editorial and other content (the “Content”) accessible by Users. All Content is owned, licensed to and/or copyrighted by ThinkYum and may be used only as described in the Terms.
Nothing in these Terms gives you a right to use the Provider’s name or any of their trademarks, logos, domain names, and other distinctive brand features. Users acknowledge that ownership in any intellectual property rights (including patents, copyright, rights in databases, trademarks and trade names whether registered or unregistered and subsisting anywhere in the world) in the Services belongs to the Provider. Accordingly, any part of the Services may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilizing the Services.
ThinkYum ensures that all Content on the site is complete and accurate. Despite our efforts, the Content may occasionally be incomplete or contain errors.
You are granted a limited use license to access the Site and it’s Content for your own personal use. The Content, in whole or in part, may not be republished, redistributed or resold without the explicit written permission of ThinkYum. The licenses granted by the Provider terminates if you violate this Agreement and may result in legal action against you.
Some content may be downloaded to your computer or device through use of the Site and Services. This Content remains subject to the limited use license contained in this Agreement.
The use of bots, crawlers, spiders, data miners, scraping and other automated data collection tools are prohibited without the approval of the Provider.
LICENSE AND SITE ACCESS
ThinkYum grants Users a limited license to access and use the Site. This license does not include the right to download any material (other than routine page caching) or modify any material without the express written consent of the Provider. This license excludes the download or collection of logos, product descriptions, pricing, text, graphics, audio and video clips, and/or copying account information. No portion of this website (any or all of it) may be reproduced, duplicated, copied, sold, visited, or otherwise exploited for any commercial purpose without the express written permission of the Provider. You may not use meta tags or any other hidden text utilizing the ThinkYum name or trademarks without the express written consent of the Provider. Any unauthorized use of the Site voids the limited license granted by us.
PROTECTING YOUR ACCOUNT
ThinkYum is a fee-based subscription service offered at varying subscription durations. When you sign up for a subscription, you are committed to the term that you have chosen. Users of the Site may be unregistered Users, registered Users and paying subscribers (“Subscribers”).
Some parts of the Site permit username and passwords to be used. You are responsible for protecting your unique username and password and you agree to be responsible for all activities performed under your user account.
User Requirements: You must be 18 years or older to subscribe to any Services and provide ThinkYum with accurate and complete registration information. Failure to comply with either of these requirements will constitute a breach of this Agreement.
During registration you will create a username and password that will be used to authenticate your ongoing access to the Services. You will not:
Use the name of another person with the intent to impersonate them
Use a name that ThinkYum, in our sole discretion, deems inappropriate
Use the rights of another person
ThinkYum cannot be held responsible for security breaches occurring on your electronic device (Personal Computer or other electronic device used to browse the Site), which may result due to the lack of adequate virus protection software or spyware that you may inadvertently have installed on your device.
If you believe your account has been compromised, you must immediately notify ThinkYum of the suspected breach by contacting Customer Support.
Payments: The payment options and fees will be displayed on the Site at the time the subscription is offered. The terms applying to that subscription are incorporated into this Agreement. Prices for all Subscriptions exclude all applicable taxes unless stated otherwise and are in the form of US Dollars. To the extent that the law allows, you are responsible for any applicable taxes, whether or not they are listed on the Site.
ThinkYum uses a designated third-party payment platform to process credit and debit card transactions for your Subscription. Users are responsible for all transactions processed through the Service. ThinkYum is not liable for any loss or damage from errant or invalid transactions processed through the third-party payment platform.
ThinkYum does not offer prorated refunds at this time.
Initial Purchase: Charges are processed immediately during checkout in accordance with the details displayed to Users during the checkout process.
Valid Credit Card: It is the responsibility of Users to ensure that ThinkYum has valid credit card information for your account. ThinkYum may also use third-party services to retrieve updated credit card information for your account.
For a Single Household: The Content provided through subscription is intended for personal use and should not be shared with others outside of the User’s household. ThinkYum reserve the right to cancel your subscription for password sharing or by distributing meal plans to another households or persons. If the Provider finds that Users are in violation of this agreement, the Provider will automatically lock the User account without a refund.
Termination of your Account: If ThinkYum, in its sole opinion, believes that you are acting in a spirit inconsistent with this Agreement or have breached the Agreement, the Provider may terminate a your account. In such a case, Users are not eligible for a refund. The Provider also reserves the right to terminate subscriptions for any reason even if the reason does not cause a breach of this Agreement. In such a case, we will refund any remaining unused portion of your subscription. The refund will be your sole and exclusive remedy to such a termination.
CONTENT SUBMITTED BY USERS
By submitting recipes, photographs, ratings or reviews, Users grant ThinkYum an irrevocable, non-exclusive, perpetual, worldwide, royalty-free right and license to use, display, modify, reproduce, publish, distribute in any manner existing now or to be developed in the future without compensation of any kind to you or any third party.
Users also represent, warrant and agree that they have not and will not contribute any content that (1) infringes, violates or otherwise interferes with any copyright or trademark of another party; (2) reveals any trade secret; (3) infringes any intellectual property right of another or the privacy or publicity rights of another, (4) is libellous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party; (5) creates an impression that is incorrect, misleading, or deceptive; (6) contains other people’s private or personally identifiable information without their express authorization and permission; and/or (7) contains or links to a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
ThinkYum reserves the right to delete or refuse to post, at their sole discretion, any submitted content for any reason.
ThinkYum may monitor content submitted, but they cannot be responsible for the submissions of third parties. If you see something that you believe violates these Terms or the spirit of their Services, please contact Customer Support
These Terms apply only to the ThinkYum Site and not to any other websites. The ThinkYum Site may include links to other websites, resources, or services. You acknowledge and agree that ThinkYum is not responsible for the availability of these other websites, and they do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from other websites, resources, or services. You further agree that, under no circumstances, will they be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to the User by the use of or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether they directly or indirectly link to such content, advertisements, products or other resources). The User should direct any concerns with respect to any other website to that website’s administrator or webmaster.
ThinkYum is committed to providing simple, balanced meals to help individuals make healthy choices in consultation with their personal physician or a registered dietician. Nothing contained in the Site should be construed as health advice or diagnosis. Under no circumstances will ThinkYum be responsible for any loss or damage resulting from your reliance on nutritional information and for ensuring that the food you and the members of your household prepare or consume are in accordance with your specific dietary needs and restrictions. ThinkYum will not be liable for any health issues resulting from the consumption of ingredients to which you or a member of your household is allergic or that is harmful to you in any way.
LIMITATION OF LIABILITY
ThinkYum Content and Services are provided on an ‘as is’ basis without warranties of any kind, whether explicit or implied. Use of the Provider’s Content and Services are at your own risk.
Additionally we make no representation or warrant that any Content within our Services is accurate, complete, reliable, or error-free. We do not make representation that the Content or Services is suitable for a particular use by the User or one of their family members.
ThinkYum does not warrant that the Content, Services, servers, or emails are free from viruses or any other harmful components.
Under no circumstances will the Provider be liable to the User on account of the use or misuse of or reliance on the Services arising from any claim relating to this Agreement or the subject matter hereof. Such limitation of liability applies to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages whether a claim is based on warranty, contract, tort (including negligence), or otherwise (even if we have been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from:
• use or misuse of and reliance on the services
• inability to use the services
• the interruption, suspension, or termination of the services (including damages incurred by third parties or as a result of the User registering for company services via third parties)
This limitation also applies to the costs of procurement of substitute goods or services, lost profits, or lost data. The limitation further applies with respect to the performance or non-performance of the Services or any information or merchandise that appears on, or is linked or related in any way to, the Services. The limitation applies notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law. Users also waive the right to bring or assert any claim against the Provider relating to any dealings with any third-party whose products/services are offered on the Site.
ThinkYum does not guarantee the availability, content or price of, any Services offered on the Site. We will do our best to ensure that Services are available twenty-four hours a day, seven days a week. However, there will be occasions when the Services will be interrupted for maintenance, upgrades, emergency repairs, failure of telecommunications systems, equipment failures, acts of God, or other situations. Users agree that the Provider will not be liable in any event to Users or any other party for any suspension, modification, discontinuance, lack of availability, or other termination of the Services. Users also acknowledge and accept that there may be technical downtime with Services. Users agree that access and use of Services is at their own risk. Users understand and agree that the Services are provided to Users on an “as is” basis.
Users acknowledge that they will be solely and fully responsible for all liabilities incurred through the use of the Provider’s Services. To the maximum extent permitted by applicable law, Users agree to hold harmless and indemnify the Provider and our employees, officers, agents, or other partners from and against any third party claim arising from or in any way related to your use of the Services, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature including but not limited to any liability arising from or resulting by your data imputed to the company including infringement of intellectual property laws or civil or criminal claims. The Provider will use good faith efforts to provide Users with written notice of such claims, suits or actions. In addition, Users expressly waive and relinquish any and all rights and benefits which they may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
By visiting the Site or otherwise accessing our Services, you agree that the laws of the state of Iowa, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and the Provider.
MODIFICATION OF SERVICES
ThinkYum reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. Prices of all Services are subject to change. The Provider will not be liable to Users or to any third party for any modification, price change, suspension or discontinuance of Services.
ThinkYum reserves the right to modify, alter, delete and update these Terms of Service at any time we see fit. Such alterations do not nullify our rights if infringements or breaches occurred under a previous version of these conditions. Continued use of the Services after any such changes shall constitute your consent to such changes.
ThinkYum reserve the right to assign or transfer their rights and obligations under this Agreement. These terms are personal to Users and, as a result, you may not, without the written consent of ThinkYum, assign or transfer any of your rights and obligations under this Agreement. There will be no third-party beneficiaries to this Agreement.
In the event that any term of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remainder of these terms will remain valid and enforceable. The Provider can replace any term that is not valid and enforceable with a term of similar meaning, which is valid and enforceable.
Any failure by ThinkYum to enforce any aspect of the terms of this Agreement will not affect their right to require performance at any subsequent time, nor will the waiver by them of any breach by the User of any provisions of these terms be taken to be a waiver of the provision or provisions itself.
This Agreement, including any terms, conditions and policies expressly referenced herein, together with any legal notices published on the Site, will constitute the complete understanding and agreement between Users and the Provider, and will supersede and cancel any prior or contemporaneous understandings and agreements, except as expressly provided otherwise by ThinkYum.
ThinkYum respects the intellectual property rights of others and requires that users of the Site and Services do the same. U.S. copyright law does not protect recipes that include only listings of ingredients. However, Copyright protection may extend to a description, explanation, or illustration that accompanies a recipe or formula or to a combination of recipes such as in a cookbook. Should Users have a copyright complaint, please contact Customer Support
FURTHER INFORMATION AND SUPPORT