The terms and conditions contained herein and throughout this website are entered into and agreed by you and Crunchy Pulp LLC, dba Restaurant Forkers, which includes our parents, subsidies, affiliates, employees, members, directors, and agents (“Restaurant Forkers,” “us,” “we," or "our"). By visiting our "website," which shall include any related services and social media pages and channels, and/or by purchasing from us, you agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink (“Terms”). These Terms apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms carefully before accessing or using the website. By accessing or using any part of the website, you agree to be bound by these Terms. If you do not agree to all the Terms, then you may not access the website or use any services.

Any new features or tools that are added to the current website also shall be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to the website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes and to all Terms contained therein.

Accuracy, Completeness, and Timeliness of Information

We are not responsible if information made available on the website is not accurate, complete, or current. The material on the website, with the exception of these Terms, is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the aforementioned material on the website is at your own risk.

The website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the website at any time, but we have no obligation to update any information on the website. You agree that it is your responsibility to monitor changes to the website.

The website may include content provided by third parties, including content provided by other users, social media services, bloggers and third-party licensors, syndicators, aggregators and/or reporting services.

Such content is solely the opinions and the responsibility of the person or entity providing those materials. Such content does not necessarily reflect the opinion of us. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third-parties.

Modifications to the Website and Prices

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the website (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the website.

Products and Services

We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on the website is void where prohibited. Except as stated in these Terms, we do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.

Promotional and Other Text/SMS or Other Messages

In the event you opt-in to receive SMS or other messages, you authorize us and our designees to send the applicable messages as described in the applicable notices, and, without limitation, you authorize such messages to be sent with varying messaging frequency and such other frequency as may be described in the applicable notices and as otherwise permitted by applicable law. Without limiting the forgoing, such messages may include cart reminder messages and marketing messages, and you represent that you are the registered owner or authorized user of the applicable device, and are authorized to provide the applicable consent. You acknowledge that SMS messages sent by us or our designees using an automated telephone dialing system are optional and not a condition of purchase. Message and data rates may apply. You acknowledge your carrier may charge for each message sent and received, and that you are solely responsible for any fees or charges incurred from sending or receiving the applicable messages. If your carrier does not permit SMS messages, you may not receive the SMS messages. Without limiting our rights or expanding our liability, neither we nor the wireless carriers will be liable for any delays in the receipt of, or failure to deliver, any SMS message from us or our designees sent by automated telephone dialing system. You can opt out of receiving any further SMS messages regarding marketing sent by us or our designees using an automated telephone dialing system by replying “STOP” to any SMS message you receive from us or our designees regarding marketing sent by automated telephone dialing system. For help, reply “HELP” to any SMS message you receive from us or our designees sent by an automated telephone dialing system regarding marketing. 

Linking to the Website and Social Media Features 

You may link to the homepage of the website, and only to our homepage, 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 without our express written consent.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with all of the Terms contained herein. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our sole discretion.

Links from the Website

If the website contains links to other websites and resources provided by third-parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Restrictions on Orders

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail, phone number, and/or billing address provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

Accuracy of Billing and Account Information

You agree to provide current, complete, and accurate purchase and account information for all purchases made on the website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

Personal Information

Your submission of personal information through the website is governed by our Privacy Policy.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the website; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the website. We reserve the right to terminate your use of the website for violating any of the prohibited uses.

Intellectual Property Rights

The website and its entire contents, features, and functionality, including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof, are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the website for your personal, non-commercial use only. You must not reproduce, distribute, modify, publicly display, publicly perform, republish, download, store or transmit any of the material on the website, except as follows: (a) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (b) you may store files that are automatically cached by your Web browser for display enhancement purposes; (c) you may print one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication, or distribution; or (d) if we provide social media features with certain content, you make take such actions as are enabled by such features.

You must not: (a) modify copies of any materials from the website; (b) use any illustrations, photographs, video, audio sequences, or any graphics separately from the accompanying text; or (c) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the website.

You must not access or use for any commercial purposes any part of the website or any services or materials available through the website.

Disclaimer of Warranties and Limitation of Liability

We do not guarantee, represent, or warrant that your use of the website will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the website will be accurate or reliable. You agree that from time to time we may remove the services from the website for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the website is at your sole risk. The service and all products and services delivered to you through the website are, except as expressly stated by us, provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Restaurant Forkers be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the website or any products procured from us, or for any other claim related in any way to your use of the website or any product. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend, and hold harmless Restaurant Forkers from any claim or demand, including reasonable attorney fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations, liabilities, representations, and acknowledgements of the parties incurred prior to the termination date shall survive the termination of these Terms. You may terminate these Terms at any time by notifying us in writing that you no longer will access the website or purchase products from us. Your subsequent use of the website or purchase of products from us shall constitute a revocation of your termination of these Terms and your continued acceptance and acknowledgement of these Terms.

No Waiver and Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on the website constitute the entire agreement and understanding between you and us and govern your use of the website, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including, but not limited to, any prior versions of the Terms. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Governing Law and Jurisdiction

All matters relating to the website and these Terms shall be governed by and construed in accordance with the laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule (whether of the State of Ohio or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms, use of the website, and/or purchase of products from us shall be instituted exclusively in the federal courts of the United States or the courts of the State of Ohio in each case located in the County of Cuyahoga, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your place of residence, or any other relevant venue of our choosing. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

Purchases are not entitled to be returned or refunded due to the fact that each order is unique and specially made for each customer. Please be sure to select the correct and desired product before purchase. Sizing guides are offered on the website to help with a product decision, but please be aware that they only are for reference purposes and might not be standard. Color guides are offered on the website, but please be aware that each screen displays colors differently and that the actual product color may vary from the color displayed on your screen.

Exchanges are permitted in limited circumstances: (a) if the packaging and/or product was damaged in transit, (b) if the product arrived damage, or (c) if the product was defective in its manufacture. A request for an exchange must be initiated within twenty-one (21) days of receipt of your order. You will receive an email from us upon initiation of an exchange request, and you may be asked to furnish photos of the damaged or defective product and/or packaging, or you may be asked to return the damaged or defective product; compliance with any such request is necessary to successfully process an exchange request. Any approved exchange will be for the same product order without variation to the design, color, and/or size.

We take fraud extremely seriously and will make every effort to ensure that you do not become a victim of fraud. That starts by us working together to stop fraud from occurring. You acknowledge that you will work with us to prevent fraud if you believe it has occurred and as result will not initiate a chargeback with your credit card company before first contacting us and allowing us an investigatory period to resolve the matter. A proper chargeback, which refers to a reversal of a credit or debit charge initiated by you upon the occurrence of fraud by a third-party, is limited to a situation in which you did not place an order through the website but rather were the victim of fraud by a third-party and we were not able to reverse the credit or debit charge ourselves after a twenty-one (21) day investigatory period. You acknowledge that such a situation is the only time in which you may seek a chargeback and that you are not entitled to a chargeback in any other situation, such as if you placed the order, you received the order, and/or we timely and properly investigated. Further, you will assist us during the investigatory period, and thereafter as needed, and you will reimburse us for any reasonable costs incurred in investigating and processing an improper chargeback.    

Coverage Period

Restaurant Forkers products will be covered for a limited warranty period of ninety (90) days from date-of-delivery against issues arising from manufacturing defects and faults. This limited warranty is only available to the original purchaser and is not transferable.

Exclusions

This limited warranty does not cover (a) damage caused by general wear and tear; (b) wear against abrasive surfaces; (c) damage caused by UV light or sunlight, fire, or bleach; (d) rips, burns, tears, or damage caused by accident, general wear and tear, improper care, misuse; or (e) the natural breakdown of colors, finishes, and materials over time.

Proof of Purchase & Defectiveness

Proof of purchase must be furnished in order to process a limited warranty claim. You may be asked to furnish photos of the defective product, or you may be asked to return the defective product; compliance with any such request is necessary to successfully process a limited warranty claim.

Recourse

This limited warranty is only for an exchange of the same or comparable product without variation to the design, color, and/or size. It does not allow for a cash refund.

Exclusive Remedy

THIS IS THE EXCLUSIVE REMEDY UNDER THIS WARRANTY. ANY AND ALL OTHER REMEDIES AND DAMAGES THAT MAY OTHERWISE BE APPLICABLE ARE EXCLUDED, INCLUDING, BUT NOT LIMITED TO, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR PUNITIVE DAMAGES. THIS IS THE ONLY WARRANTY MADE BY US, AND THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION HEREIN. ANY WARRANTIES THAT MAY OTHERWISE BE IMPLIED BY LAW INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED.

Rights

This limited warranty gives you specific legal rights. You may also have other legal rights which vary from state to state or country to country. Some states and countries do not allow the exclusion or limitation of incidental or consequential damages or warranties, so the above limitations or exclusions may not apply to you. If it is determined by a court of competent jurisdiction that a certain provision of this limited warranty does not apply, such determination shall not affect any other provision of this limited warranty and all other provisions shall remain in effect.

NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

Eligibility

The Forker Fund is open only to legal residents of the fifty (50) United States (and the District of Columbia), who are at least eighteen (18) years old, and are currently employed at a restaurant. Proof of residency, age, and employment may be required. Employees, along with their household relatives, of Restaurant Forkers are not eligible to enter or win. To sign up for the Forker Fund, you must fully comply with these Terms, and, by entering, you represent and warrant that you agree to be bound by these Terms and the decisions of Restaurant Forkers, whose decisions shall be binding and final in all respects. The Forker Fund is governed by these Terms and is subject to all applicable federal, state, and local laws.

Term and Timing

The Forker Fund will remain in effect for as long as is determinable by Restaurant Forkers in its sole discretion. No notice of termination of the Forker Fund shall be necessary. Winners will be determined on or about a weekly basis, unless a different frequency is decided by us in our sole discretion. We are not obligated to provide any notice of the frequency of the determination of winners.

How to Enter

To enter, you must sign up for the Forker Fund on the website. All information requested in the signup form must be accurately filled out in order to be eligible.

Winner Determination

We will conduct a random drawing of all sign-ups received. Only one sign up is necessary. You will remain eligible to win week-to-week. Limit one (1) prize per person. Potential winners are subject to verification by Restaurant Forkers, whose decisions are final and binding in all matters related to the administration, operation, selection of winners, and other matters related to the Forker Fund.

Odds

Odds of winning a prize depend on the number of eligible entries received.

Participation

By signing up for the Forker Fund, you agree to participate in its administration and to receive communications, newsletters, promotions, marketing materials, and notices from us. You may opt out, but doing so shall remove you from eligibility as a winner of the Forker Fund.

Prizes  

We will determine in our sole discretion the amount and number of prizes of the Forker Fund.

Notification and Receipt of Prize

If selected as a winner of the Forker Fund, you will receive an email to notify you. Thereafter, you will receive in the mail a prize check made out to you and sent via regular U.S. mail to your identified restaurant place of employment. Restaurant Forkers is not responsible and cannot guarantee receipt of your prize check. The prize check is only valid for ninety (90) days, after which time it shall be voided.

Entry Conditions and Release

You, as an entrant, agree to: (a) comply with and be bound by these Terms and the decisions of Restaurant Forkers, which are binding and final in all matters relating to the Forker Fund; (b) defend, indemnify,
release, and hold harmless Restaurant Forkers from and against any and all claims, expenses, and liability, including, but not limited to, negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a your entry, creation of an entry or submission of an entry, participation in the Forker Fund, acceptance, possession, attendance at, defect in, delivery of, inability to use, use or misuse of the prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry. You acknowledge that all prizes are awarded as-is without warranty of any kind.

Publicity and Marketing

Except where prohibited or restricted by law, acceptance of prize constitutes your agreement and consent for Restaurant Forkers and any of its designees to use and/or publish your full name, city, and state of residence, photographs or other likenesses, pictures, portraits, video, voice, testimonials, biographical information (in whole or in part), and/or statements made by you regarding the Forker Fund and/or Restaurant Forkers, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade, and/or promotion, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, internet, or social media without further limitation, restriction, compensation, notice, review, or approval.

Limitation of Liability

Restaurant Forkers shall not have any obligation or responsibility, including any responsibility to award any prize to entrants, with regard to: (a) entries that contain inaccurate information or do not comply with or violate these Terms; (b) entries, prize claims, or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind; (c) entrants who have committed fraud or deception in entering or participating in the Forker Fund or claiming the prize; (d) telephone, electronic, hardware, software, network, internet, or computer malfunctions, failures, or difficulties; (e) any inability of the winner to accept the prize for any reason; (f) if a prize cannot be awarded due to delays or interruptions due to Acts of God, natural disasters, terrorism, weather or any other similar event beyond our reasonable control; or (g) any damages, injuries or losses of any kind caused by any prize or resulting from awarding, acceptance, possession, use, misuse, loss, or misdirection of any prize or resulting from participating in the Forker Fund or any promotion or prize related activities. Restaurant Forkers reserves the right, in its sole discretion, to disqualify any individual it finds to be (a) tampering with the entry process or the operation of the Forker Fund, or with any website promoting the Forker Fund; (b) acting in violation of these terms; or (c) entering or attempting to enter the Forker Fund multiple times through the use of multiple email addresses or the use of any robotic or automated devices to submit entries. If Restaurant Forkers determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Forker Fund, Restaurant Forkers reserves the right to void the entries at issue, and/or terminate the relevant
portion of the Forker Fund, including the entire Forker Fund, and/or modify the Forker Fund.

Restaurant Forkers is not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, printing errors, or by any of the equipment or programming associated with or utilized in the Forker Fund; (b) technical failures of any kind, including, but not limited to, malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process for the Forker Fund; (d) technical or human error in the administration of the Forker Fund or the processing of registrations; or (e) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from your participation in the Forker Fund or receipt or use or misuse of any prize. If for any reason your registration is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, your sole remedy is another entry in the Forker Fund.

Disputes

You agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with the Forker Fund, or any prizes awarded, shall be resolved individually, without resort to any form of
class action; (b) any and all disputes, claims and causes of action arising out of or connected with the Forker Fund, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate Ohio State Court located in Cuyahoga County, Ohio; (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Forker Fund, but in no event attorney fees; and (d) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim punitive, incidental, and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms, or the rights and obligations of you and Restaurant Forkers in connection with the Forker Fund, shall be governed by, and construed in accordance with, the laws of the State of Ohio, without giving effect to any choice of law or conflict of law rules (whether of the State of Ohio or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Ohio.

Any content submitted by you to Restaurant Forkers, including, without limitation, any reviews of customers or blog submissions (“User Generated Content”), is subject to these Terms. The submission of User Generated Content is your acknowledgement that you agree to these Terms.

Prohibited Content

You shall not submit any User Generated Content that (a) is known by you to be false, inaccurate, or misleading; (b) that infringes any third-party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy; (c) that violates any law, statute, ordinance or regulation, including, but not limited to, those governing export control, consumer protection, unfair competition, anti discrimination or false advertising; (d) that is, or may reasonably be, considered to be abusive, illegal, defamatory, libelous, indecent, hateful, racially or religiously biased or offensive, slanderous, indecent, obscene, pornographic, sexually explicit, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation in any way; or that encourages anyone to break any local, state, national or international law; (e) that is or contains advertising, promotional material, or promotes a product, service or other commercial activity; (f) that impersonates or attempts to impersonate Restaurant Forkers or any of its employees, another user, or person or entity, including, without limitation, the use of email addresses associated with any of the foregoing; (g) that includes any information that references other websites or personally identifiable information (e.g., first and last name, addresses, email addresses, contact information or phone numbers); or (h) that contains any computer viruses, worms, Trojan horses, spyware, or other potentially damaging technologies, computer programs or files, or malicious code that could impact the operation of our websites, mobile apps, and related services.

Restaurant Forkers reserves the right at its sole discretion to take any legally available action that we deem appropriate, including, without limitation, editing, removing, deleting, taking down or otherwise erasing your User Generated Content at any time without notice for any reason whatsoever. However, we are not obligated to take any action not required by law. We are not responsible or liable for the conduct or content of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users.

Maintain Appropriate Rights in Your User Generated Content

With respect to all User Generated Content that you seek to post, you represent and warrant that the material is either fully original to you or that you have all the necessary rights, licenses, clearances and consents needed from third-parties in order for you to submit your User Generated Content, including, but not limited to, all copyright and right of publicity and privacy rights for you to comply with these Terms. Your User Generated Content should not contain any visible logos, phrases, or trademarks that belong to third-parties. Do not use any User Generated Content that belongs to other people and pass it off as your own; this includes any content that you might have found elsewhere on the internet or other source. If anyone contributes to your User Generated Content or has any rights to your User Generated Content, or if anyone appears in the User Generated Content, then you must also have their permission to submit such User Generated Content to Restaurant Forkers. We may require, at any time, proof of the permissions referred to above in a form acceptable to us. Failure to provide such proof may lead to, among other things, such User Generated Content being removed from the Services.

Non-Confidentiality of Your User Generated Content

You agree that (a) your User Generated Content will be treated as non-confidential, regardless of whether you mark them “confidential,” “proprietary,” or the like, and will not be returned, and (b) Restaurant Forkers does not assume any obligation of any kind to you or any third-party with respect to your User Generated Content. You acknowledge that the Internet and mobile communications may be subject to breaches of security and that you are aware that submissions of User Generated Content may not be secure, and you will consider this before submitting any User Generated Content and do so at your own risk.

No Unsolicited Submissions

Please do not submit unsolicited ideas or suggestions to us. Please keep in mind that we do not seek any unsolicited ideas or materials for products or services. Any unsolicited ideas and materials you post on or send to us are deemed User Generated Content and are subject to these Terms. Restaurant Forkers' receipt of your unsolicited ideas and materials is not an admission by Restaurant Forkers of their novelty, priority, or originality, and it does not impair Restaurant Forkers’ right to contest existing or future intellectual property rights relating to your unsolicited ideas and materials. Nothing herein shall create an implied or express contract or other obligation to compensate you for your User Generated Content or for any of your ideas or materials in any communications with Restaurant Forkers, whatsoever. You further acknowledge that any products or content produced by Restaurant Forkers may be coincidental to any unsolicited ideas or materials submitted by you and may have been independently created by Restaurant Forkers such that you waive any and all claim to violation of copyright, trademark, patent, or any other intellectual property rights.

Must Be the Age of Majority to Participate

By submitting your User Generated Content to Restaurant Forkers, you confirm that you are at least the age of majority in your state of residence.

Grant of a Non-Exclusive License to Restaurant Forkers for Use of User Generated Content; Name and Likeness

You retain ownership of your User Generated Content (but excluding any Services Content as defined below), and grant Restaurant Forkers a non-exclusive, worldwide license as detailed below. As consideration for participation in the User Generated Content Program (“Program”) and use of any Restaurant Forkers content or content tools on the website, upon your submission of User Generated Content, you irrevocably grant to Restaurant Forkers, and each of its licensees, successors, and assigns, the non-exclusive, assignable, sub-licensable, worldwide, perpetual, royalty-free, no-cost license and right to use and otherwise exploit your User Generated Content, in whole or in part, and all of your social profile information, code, content, content descriptions, and other materials depicted therein, in whole or in part, in any manner or medium now or hereafter known or devised, including on the internet and in advertising and promotion of the website and of Restaurant Forkers and its products and services, throughout the universe and in any and all languages without the requirement to make payment to you or to any third-party or the need to seek any third-party permission. Restaurant Forkers will have the right to make unlimited derivative works therefrom, to assign or transfer any or all such rights, and to grant unlimited, multiple-level sublicenses with no obligations to you, whether financial, credit, approval of changes, or otherwise. You hereby forever waive and relinquish all so-called "moral rights (droit moral)" now or hereafter recognized. Restaurant Forkers may, at no cost or expense to you, process your User Generated Content for playback over the internet, in print, on radio, on television, or on any other medium, now known or unknown. Restaurant Forkers shall have and retain all right, title and interest in and to the data resulting from such processing (“Digital Files”), including, without limitation, encoding, compressing, formatting, and processing of audio and video data.

Trademarks

You agree that Restaurant Forkers shall have the sole discretion in determining the extent and manner of the use of the User Generated Content, and all elements thereof, in whole or in part, and that Restaurant Forkers is not obligated in any way to use or exploit same or anything else granted herein or any portion thereof in any medium or any manner. You agree that all goodwill that arises in connection with your use of Restaurant Forkers’ trademarks inures exclusively to Restaurant Forkers and agree not to challenge Restaurant Forkers’ ownership or control of any Restaurant Forkers trademarks, nor use or adopt any trademarks that might be confusingly similar to such Restaurant Forkers trademarks.

General Release

You irrevocably grant Restaurant Forkers the perpetual, royalty-free, and worldwide right to use your name, voice, likeness, image, photograph, biographical material, logos, marks or trade names, or other information provided or obtained, including without limitation, the right to publicly display, publicly perform, distribute, and reproduce the User Generated Content, name, voice, likeness, social profile information and biographical material, in connection with advertising, publicity, and exploitational material for purposes of advertising or promoting Restaurant Forkers, its products, the website, and/or services. You agree that no money will be owing to you or any third-party as a result of the posting of the User Generated Content or its use as contemplated herein. You further agree that neither Restaurant Forkers nor its agents shall be responsible for the return or preservation of User Generated Content submitted or any elements thereof. This permission is given to Restaurant Forkers with the knowledge that it will be relied thereon at substantial cost to Restaurant Forkers, and you agree not to assert any claim against Restaurant Forkers of any nature whatsoever arising by reason of its use of such User Generated Content.

Representations and Warranties; Indemnity

You hereby represent and warrant that your contribution to User Generated Content (a) are wholly original with you and is not a copy or imitation of any other material; (b) will not infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation, publicity, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity; and (c) are not the subject of any threatened or pending litigation, claim or dispute that might give rise to litigation, which adversely affects or in any way prejudices, impairs or diminishes the rights granted hereunder or the value thereof.

You further represent and warrant that you have the right to execute and fully accept these Terms, and that you are of the age of majority in your state of residence. You will defend, indemnify, and hold harmless Restaurant Forkers from and against: (a) any claims, costs, injuries, losses and damages related to any unauthorized use of the User Generated Content, or any breach by you of these Terms; and (b) any third-party claims, to the extent relating to any breach of any representation, warranty, or covenant made by you by virtue of your acceptance of these Terms. You further represent and warrant that there are no third-party rights organizations that have jurisdiction over any User Generated Content.