Terms of Use

Last updated June 2015

Welcome to Gatheredtable, we are thrilled that you are here! We are on a mission to foster the creation of homemade meals, and we hope that you will enjoy your experience with us. Before using our services, we recommend that you read these Terms of Use (“Terms”) carefully. By using our services and by clicking a box that states that you accept or agree to these Terms, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not use our Services.

Gatheredtable includes our www.gatheredtable.com website (“Site”), our mobile application, and other features, content and functionality offered by us from time to time (together, “Services”). Your use of our Services constitutes that you agree that you are 13 or older and agree to all such Terms.

Gatheredtable reserves the right, at our discretion, to change, modify, add or remove portions of these Terms at any time by posting the amended Terms on our Site. You may also be given notice, such as an e-mail message of any changes. You will be deemed to have accepted such changes to the Terms by continuing to use any of our Services. If changes are made to the Privacy Policy, you may be given direct notice via e-mail and any such changes will require your express consent.

If you have any questions regarding the use of the Services, please refer to the frequently asked questions (faq) section. All other questions or comments about the Services can be sent to pleasehelp@gatheredtable.com.

Terms of Use and Privacy Policy

Gatheredtable believes strongly in protecting member privacy.

By using Services you: (1) agree to be bound by these Terms; (2) review and agree to our privacy policy, which is located at gatheredtable.com/user/privacy_policy and is incorporated here by reference; and (3) agree to be bound by other policy and legal notices that may be posted on our Site from time to time. The legally binding Terms set out your rights, obligations and restrictions regarding your use of our Services.

In order to access or use any of the features of the Services, you will have to become a registered member.

If you are under the age of thirteen, then you are not permitted to register as a member or otherwise submit personal information to Gatheredtable. In order to become a registered member, you must provide true, accurate and complete registration information and, if such information changes, promptly update the relevant registration information. You are responsible for safeguarding and maintaining the confidentiality of your membership. You are solely responsible for the activity that occurs under your membership, whether or not you have authorized the activity. You agree to notify us immediately at our customer support address pleasehelp@gatheredtable.com of any breach of security or unauthorized use of your membership. Recipes and other content in a member’s library will be viewable by other members whom you have designated as ‘friends’ unless that information is marked private.

If at any point you do not agree to any portion of the then-current version of our Terms or the Gatheredtable Privacy Policy, or any other Gatheredtable policy, your license to use the Services shall immediately terminate and you must immediately stop using our Services.

To the extent the Terms or Gatheredtable Privacy Policy conflict with any other policy, rules or codes of conduct, these Terms shall govern.

Limited License

Subject to your agreement and continuing compliance with these Terms and any other relevant Gatheredtable policies, Gatheredtable grants you a non-exclusive, non-transferable, revocable limited license subject to the limitations set forth in these Terms to access and use the Services for your own non-commercial purposes.

These rights are user rights only, and no right or license is granted to distribute, publicly perform or prepare derivative works of any content accessed through the Services. This license is granted, however, subject to the following restrictions:

  • You shall not create an account or access the Services if you are under the age of 13;
  • You are responsible for any use of your credit card or other payment instrument (e.g. PayPal);
  • You shall not have more than one account at any given time, and shall not create an account using a false identity or information, or on behalf of someone other than yourself;
  • You shall not have an account or use any of the Services if you have previously been removed by Gatheredtable or previously been banned from accessing Gatheredtable Sites;
  • You shall use your account only for non-commercial purposes;
  • You shall not use your account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (SPIM and SPAM) to anyone;
  • You shall not use your account to engage in any illegal conduct.

You must provide all equipment and software necessary to connect to the Services, including, but not limited to, a mobile device that is suitable to connect with and use the Services, in cases where the Services offer a mobile component.

You are responsible for any fees, including internet connection or mobile fees that you incur when accessing the Services.

Proprietary Rights

  1. ContentAll Service materials, including, without limitation, the Gatheredtable logo, design, text, graphics, other files, and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of Gatheredtable or its affiliates or licensors. You may electronically copy and print to hard copy portions of our Services for the sole purpose of using materials it contains for informational and non-commercial, personal use only, provided you keep all copyright or other proprietary notices intact. Any other use of Content, including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, or display, without the prior written permission of Gatheredtable, is strictly prohibited.
  2. Trademarks“Gatheredtable,” “where modern meets homemade,” and other trademarks used in connection with our Services are trademarks of Gatheredtable or its affiliates or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Gatheredtable. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Gatheredtable, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Gatheredtable. All other trademarks, registered trademarks, product names and company names or logos mentioned on our Site are the property of their respective owners. Gatheredtable might have other patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in any Web pages, and any software part of our Site. Except to the extent we may have granted you licenses to certain intellectual property in this Notice, our providing you with such Web pages or any software does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.

Hyperlinks

You are granted a limited, nonexclusive right to create a hyperlink to the homepage or recipe home page of our Site, only, provided such link does not portray Gatheredtable or any of its products and services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any Gatheredtable trademark, logo, or other proprietary information, including the images found at our Site, the content of any text, or the layout/design of any page or form contained on any page of our Site, without Gatheredtable’s express written consent.

Third-Party Content & Sites

Gatheredtable may provide hyperlinks to sites such as search engines and content of third parties (“Third-Party Content”) as a service to those interested in this information. Gatheredtable does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of Third-Party Content. Furthermore, Gatheredtable is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. As such, Gatheredtable is not responsible for any errors or omissions or for the results obtained from the use of such information contained in Third-Party Content. Users use these hyperlinks and Third-Party Content contained therein at their own risk.

Gatheredtable facilitates the connection between individuals seeking to order food online and selected third party grocery delivery, “farm-to-home” delivery and community supported agriculture (CSA) providers. Gatheredtable has no relationship or responsibilities other than to provide support as set forth in this agreement. Gatheredtable does not have control over the quality, timing, legality, failure to provide or any other aspect whatsoever of the delivery services, and you hereby agree to hold harmless Gatheredtable for any service issues, billing issues, or other actions on the part of the delivery provider.

Finally, Gatheredtable will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within this Third-Party Content.

Content Submissions

By submitting, disclosing, or offering any recipe, review, photograph, image, or other information, content or material, or other item (each, a “Submitted Item”) to Gatheredtable, either online or offline and whether or not solicited by Gatheredtable, you hereby grant to Gatheredtable an irrevocable, non-exclusive, perpetual, worldwide, royalty-free right and license to use, display, modify, reproduce, publish, distribute, in any manner or medium now existing or hereafter developed (including but not limited to print, film, or electronic storage devices), without compensation of any kind to you or any third party. You hereby represent and warrant (a) you have all necessary right, power, and authority to grant the license set forth herein to your Submitted Item, and (b) your Submitted Item does not violate, misappropriate, or infringe any copyright, trade secret, trademark or other intellectual property right of any third party. You will take any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by Gatheredtable to effect, perfect, and confirm the license granted to Gatheredtable for your Submitted Item as set forth herein.

Gatheredtable may reject, refuse to post, or delete any Submitted Item for any or no reason, including, but not limited to, Submitted Items that in the sole judgment of Gatheredtable may violate these Terms.

Without limiting the foregoing, Gatheredtable will have the right to use and change the Submitted Items in any manner that Gatheredtable may determine. Additionally, Gatheredtable may monitor and sweep Submitted Items periodically in its sole discretion. Gatheredtable does not allow Submitted Items which contain:

  • profanity or obscenities;
  • personal attacks on other individuals;
  • photographs, drawings, video, music, or any other content which infringes the intellectual property rights of any third party;
  • slanderous, defamatory, obscene, pornographic, threatening and harassing comments; and/or other information that Gatheredtable deems in its sole discretion to be inappropriate for our Services.

Although Gatheredtable may periodically monitor the Submitted Items, we have no legal obligation to do so and we cannot be responsible for the views or opinions expressed by third parties. Nonetheless, Gatheredtable will make every effort to ensure that any Submitted Items best serve the interests of all users and, therefore, Gatheredtable reserves the right to refuse to post, edit, or delete any Submitted Items that violate the above-referenced rules, as well as revoke the privileges of users who do not comply with such rules. By entering into these Terms, you hereby provide your irrevocable consent to such monitoring and recording.

If you believe that any content on our Services (including, without limitation, Submitted Items) violates any of the Terms (except for any notices covered by the Copyright Compliance Policy) please send us a message about it. We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.

Member Conduct

Our Services might include discussion forums or other interactive areas, including, but not limited to, blogs, and recipe storage and discussion areas. All such forums and interactive areas shall be used only for non-commercial purposes. You are solely liable for any material you upload or transmit to the discussion forums or interactive areas of our Services. You agree not to use our Services to do any of the following:

  1. Upload, post, e-mail, transmit, distribute or otherwise publish any message, information, text or other material (“Material”) that may be considered to be unlawful, harmful, libelous, tortious, defamatory, obscene, vulgar, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, hateful, or racially, ethnically or otherwise objectionable;
  2. Upload or transmit any Material that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ;
  3. Upload, e-mail, transmit, or otherwise make available any Material that might infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
  4. Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
  5. Without Gatheredtable’s written permission, distribute, publish, or make available any unsolicited or unauthorized promotions, advertising or solicitations for funds, goods or services;
  6. Harm minors in any way;
  7. Upload, post, e-mail, transmit, or otherwise make available any Material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  8. Interfere or attempt to interfere with the proper workings of the Gatheredtable service or any activities conducted on our Services;
  9. Use manual methods or automated software, devices, scripts, robots, or any other means or processes to access, “scrape”, “crawl”, or “spider” any web pages or other services that are part of our Services.

Disclaimer

Our Services and the content available on it are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, and you agree use of our Services and/or its content is at your sole risk.

Gatheredtable does not represent or warrant materials on the Services are accurate, complete, reliable, current, or error-free. Gatheredtable makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Services for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. Gatheredtable hereby disclaims all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

Gatheredtable does not represent or warrant the Services or its server(s) are free of viruses or other harmful components. Gatheredtable reserves the right to change any and all Content contained on the Services at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Gatheredtable.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Gatheredtable or its affiliates, or any of their officers, directors, employees, agents, or suppliers 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 Services, with the delay or inability to use the Services or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics, obtained through the Services, or otherwise arising out of the use of the Services, whether based on contract, tort, negligence, strict liability or otherwise, even if Gatheredtable has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitations of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Services, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Services. Notwithstanding the foregoing, in no event shall Gatheredtable’s liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing the Services.

Gatheredtable is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or redemption to be received by Gatheredtable on account of technical problems or traffic congestion online or on the Internet or at any Services, or any combination thereof including any injury or damage to entrant"s or any other person’s computer related to or resulting from downloading any materials consistent with use of Gatheredtable.

Indemnification

You agree to defend, indemnify and hold harmless Gatheredtable, its affiliates, and all of their officers, directors, agents, suppliers, and licensors from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Services or any Materials or Submissions you provide, including, but not limited to, any claim by a third party that any Materials or Submissions infringe or violate such third party’s rights or interests. You agree that the provisions in this paragraph will survive any termination of your Account(s) or of the Service.

Removal and Disclosure

We reserve the right to, at our sole discretion, remove, take down, destroy or delete any Material and Submissions at any time and for any reason, including, but not limited to Material and Submissions, that we deem inappropriate or which we believe might subject us to any liability. We may access, use and disclose transaction information about your use of our Services, and any Material and Submissions transmitted by you via or in connection with our Services, to the extent permitted by law, in order to comply with the law (e.g., a lawful subpoena); to initiate, render, bill and collect for our products and services; to protect our rights or property, or to protect users of our Services from fraudulent, abusive, or unlawful use of our Services. Indirect or attempted violations of this notice or any related policy, guideline or agreement, and actual or attempted violations by a third party on your behalf, shall be considered violations of this agreement by you.

Applicable Law

These terms and conditions shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its choice of law principles to the contrary. You agree any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in the state and federal courts residing in King County, Washington, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of this Notice.

Termination

Gatheredtable reserves the right, without notice and in its sole discretion at any time, to terminate your license to use these Services, to block or prevent future access to and use of these Services, and to remove and discard any Material and Submissions.

Severability

If any provision of this Notice shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Notice and shall not affect the validity and enforceability of any remaining provisions.

ADDITIONAL TERMS

Subscription Services

The key features of our Services require a fee-based subscription (all fee-based subscriptions are referred to as “Subscription Services”). When you sign up for one of these options, you are committing to the term you have chosen. We unfortunately are not able to offer prorated refunds at this time.

If you elect to purchase Subscription Services you understand that your subscription is personal to you and the members of your household, and you may not transfer or make available your account name and password to others. Any distribution by you of your account name and password may result in cancellation of your subscription without refund and in additional charges based on unauthorized use. Subscription Services may change, without prior notice. From time to time we may offer certain special promotions or offers associated with our products and services. Any and all promotions and/or offers may be discontinued at any time, without prior notice, at our discretion.

You may elect not to renew your Subscription Services at any time from your account page or by contacting our customer support team at pleasehelp@gatheredtable.com. We unfortunately are not able to offer prorated refunds at this time. Electing not to renew your Subscription Services is your only remedy with respect to any such dispute that you may have with us. Please remember that if we determine, in our sole discretion, that you are not complying with any terms of conditions in this Notice, the Privacy Policy, or other terms and conditions on our Services, we reserve the right to terminate your Subscription Services. Upon any termination or cancellation of your Subscription Services, we may immediately deactivate or delete your subscription service related features and content.

Payment

Prices for all Subscription Services include all applicable taxes, unless expressly stated otherwise, and are in the form of US Dollars. To the extent permissible under law, you are responsible for any applicable taxes, whether or not they are listed on your receipt or statement. If you purchase services, you agree to pay, using a valid credit card or other form of payment, the applicable fees and taxes (if any) set forth on the Services. We reserve the right, upon prior notice to you, to change the amount of any fees and to institute new fees, effective at the end of your current subscription period. All authorized charges will be billed to your designated credit card account (or other payment method) on the terms described in the specific offer. If payment cannot be charged to your credit card or your payment is returned to Gatheredtable for any reason, Gatheredtable reserves the right to either suspend or terminate your access to the unpaid-for Subscription Services.

Gatheredtable uses the third-party payment platform, Stripe, the Stripe API, and in conjunction, your Stripe account to process credit and debit card transactions for your Gatheredtable account. Gatheredtable is a “Partner Application” as defined in the Stripe Terms of Service. By using Gatheredtable and agreeing to the Gatheredtable Terms, you also agree to be bound by Stripe"s Terms of Service.

You are responsible for all transactions (one-time, recurring, and refunds) processed through the Service and/or Stripe. Gatheredtable is not liable for loss or damage from errant or invalid transactions processed with your Stripe account. This includes transactions that were not processed due to a network communication error, or any other reason. If you process a transaction, it is your responsibility to verify that the transaction was successfully processed.

You understand and agree to not hold Gatheredtable liable for any adverse effects that actions (whether intentional or unintentional) on the part of Stripe may cause. We cannot accept, and hereby exclude to the fullest extent permitted by applicable law, any liability arising out of or in connection with your use of Stripe.

Payments are nonrefundable and there are no refunds for partially used periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

Renewal Program

Both monthly and yearly subscription plans are set to renew automatically at the start of each pay period. You can review this date in your account info. Gatheredtable will charge your credit card at the then-current renewal rate using the credit card information we have on file for your account. If your current card on file fails for any reason we will automatically try to charge the card again 24 hours later. If the card fails a second time we will notify you via email, at which point you have 48 hours (“the grace period”) to update your account info using a valid credit card. If the “grace period” expires without a valid credit card on file, your subscription will be automatically cancelled which revokes access to premium service areas of Gatheredtable. Please contact the Gatheredtable customer support at pleasehelp@gatheredtable.com or visit your account info page to cancel your automatic renewal or change your payment method. When cancelling automatic renewal of services, your Subscription Services will remain active until the end of the current pay cycle date, at which time the Subscription Services will expire.

Dietary Preferences & Restrictions

Gatheredtable does not (I) guarantee the accuracy, completeness, or usefulness of any nutritional information in the food database; or (II) adopt, endorse, or accept responsibility for the accuracy or reliability of any such nutritional information. Under no circumstances will Gatheredtable be responsible for any loss or damage resulting from your reliance on nutritional information, and for ensuring that whatever foods you and members of your household purchase, prepare and consume are in accordance with your respective dietary needs and restrictions.

Gatheredtable will not be liable for any injury, illness, or health issues resulting from the consumption of ingredients to which you or a member of your household is allergic.

Concierge/Brand Ambassador Services

All Gatheredtable Concierge/Brand Ambassador applicants go through an extensive application and vetting process before they can join our community, including criminal background checks via a third party service. Although Gatheredtable will perform these checks, Gatheredtable cannot confirm that each Concierge/Brand Ambassador is who they claim to be, and does not assume any responsibility for the public, private, or offline interactions of the Concierge/Brand Ambassador. Gatheredtable adheres to state and federal laws regarding the use of these background checks. When interacting with a Concierge/Brand Ambassador you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don"t know. Neither Gatheredtable nor its affiliates or licensors is responsible for the conduct, whether online or offline, of any Concierge/Brand Ambassadors. Gatheredtable and its affiliates and licensors will not be liable for any claim, injury or damage arising in connection with your use of this service.

Copyright Complaints

Per the U.S. Copyright Office, copyright law does not protect recipes that are mere listings of ingredients. Nor does it protect other mere listings of ingredients such as those found in formulas, compounds, or prescriptions. Copyright protection may, however, extend to substantial literary expression—a description, explanation, or illustration, for example—that accompanies a recipe or formula or to a combination of recipes, as in a cookbook.

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Service Provider’s Designated Agent. Notification must be submitted to the following Designated Agent:

Gatheredtable
Smith Tower
506 2nd Ave
Suite 2300
Seattle, WA 98104

email: legal@gatheredtable.com

To be effective, the notification must be a written communication that includes the following:

  1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We may give notice of a claim of copyright infringement to our users by means of a general notice on our Site, electronic mail to a user’s email address in our records, or by written communication sent by first-class mail to a user’s address in our records. Gatheredtable may, within its sole discretion, terminate authorization of users to its Services who are repeat infringers.

We welcome your questions or comments regarding these Terms:

Gatheredtable
Smith Tower
506 2nd Ave
Suite 2300
Seattle, WA 98104

E-mail Address:pleasehelp@gatheredtable.com
Telephone number: (206) 735-4886