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Terms of Use

Terms of Use

Welcome to Primal Palate!

We wish to help and encourage healthy eating and lifestyle. However, you should always talk with a medical professional before making lifestyle or dietary changes. The information on this website is provided for educational and entertainment purposes, and is in no way intended to diagnose, cure, or treat any medical or other condition. Always seek the advice of your physician or other qualified health provider prior to starting any new diet and ask your doctor any questions you may have regarding a medical condition.

Primal Palate is a digital recipe creator and cooking platform, a collaborative space to find, discuss and share food related information, and that provides features to help users manage ingredients, recipes and cooking.  These terms and conditions (Terms) govern your access to and use of the Services (as described below), and any information, text, graphics, videos, or other materials appearing on the Services (collectively referred to as Content). Your access to and use of the Services is expressly conditioned on your compliance with these Terms.

Primal Palate is committed to providing and maintaining an environment in which everyone is safe and respected, regardless of age, race, ethnicity, gender, gender identity and expression, sexual orientation, physical appearance, disability, or religion. This is part of our commitment to anti-racist and anti-sexist values, and to fostering an inclusive environment.

BY ACCEPTING THESE TERMS, YOU EXPRESSLY AGREE TO BE BOUND BY AND ABIDE BY THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SERVICES AND MUST IMMEDIATELY DISCONTINUE ANY AND ALL USE OF THE SERVICES.

Primal Palate grants you a non-exclusive and non-transferable single user license to access and use the Services, solely for your own personal use. You may not: (i) copy, modify or distribute an Application for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the Services to any third party; (iii) decompile, reverse-engineer, disassemble, or create derivative works of the Services; (iv) make the functionality of the Services available to multiple users through any means; or (v) use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.

In order to access, use or receive certain Services, you may register and create an account (Account) and become a Registered User by either registering through our Site or Application or by using your account with a third party social network website, like Facebook (a Social Network Site). In creating an Account, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. When creating an Account, you will be required to provide certain personal information about yourself and establish a username and a password. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading.

You are responsible for safeguarding your password that you use for your Account and for any activities or actions under your Account or with your Smart Products, whether or not you have authorized such activities or actions. Primal Palate is not liable for any loss or damage arising from your failure to comply with the above requirements.

We are always trying to improve the range and accuracy of ingredients. But our methods may be unable to detect certain ingredients, and may sometimes incorrectly identify ingredients. Please check the results – especially if you have any eating restrictions or allergies.

Our guided recipes are designed to result in dishes that are properly cooked, and we hope your dishes come out just right. But cooking results can vary based on the specifics of your kitchen, your ingredients, your cooking utensils, and your appliances. As with any recipe, you may need to adjust your cooking approach or cooking times. Always check your food for doneness before consumption. Consuming undercooked meats, poultry, seafood, shellfish, or eggs may result in illness.

All features of the Services, including ingredient and cooking features, are subject to change or removal at any time, without notice.

Content on the Services

Primal Palate is a place where many Registered Users and other content publishers can write, contribute and edit Content through the Services. While we intend Primal Palate to be a collaborative space where users and publishers can share useful and interesting information about food, Primal Palate is not responsible for screening and/or verifying the information provided on or through the Services and we make no guarantee or warranty that the information provided is accurate, complete, reliable or safe to practice. Sometimes, Registered Users contribute content that is not related to food or that includes recipes for products not intended for human consumption. You agree that you use the content on Primal Palate at your own risk.

The Services may include advertisements or other forms of content sponsored by third parties (emails, blog posts and articles, recipes, ingredients, grocers, etc.). We hope you love the content we show you, and we want you to know that Primal Palate may receive compensation for some of the sponsored content made available through the Services or may receive compensation if you follow the links associated with this content. In consideration for Primal Palate granting you access to and use of the Services, you agree that Primal Palate and its third-party collaborators may place such advertising or sponsored content on the Services or with the Content, including where the Content is submitted by you or others.

Content You Submit

The Primal Palate Platform contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of Primal Palate (collectively referred to as the “Content”). For avoidance of doubt, Content does not include your Registered User Content, but the Content may be owned by us or third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us.

As noted above, the Platform provides Registered Users the ability to post and upload Registered User Content. You expressly acknowledge and agree that once you submit your Registered User Content for inclusion into the Platform, it will be accessible by others, and that there is no confidentiality or privacy with respect to such Registered User Content, including, without limitation, any personally identifying information that you may make available. You, and not Primal Palate, are entirely responsible for all registered user content that you upload, post, e-mail, or otherwise transmit via the platform.

YOU retain all copyrights and other intellectual property rights in and to your own Registered User Content. You do, however, hereby grant us a non-exclusive, royalty-free, freely sublicensable, license, but not the obligation, to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) your Registered User Content and all intellectual property and moral rights therein.

If you submit Registered User Content to us, each such submission constitutes a representation and warranty to Primal Palate that such Registered User Content is your original creation (or that you otherwise have the right to provide the Registered User Content), that you have the rights necessary to grant to Primal Palate the license to the Registered User Content as set forth above, and that it and its use by Primal Palate and its content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material. You may remove your Content at any time by specifically deleting it or, if that is not possible, by sending us a request.

You understand and agree that the Services and Content, and all materials, information, products and services included therein, are provided to you on an AS IS and on an AS AVAILABLE basis. Without limiting the foregoing, PRIMAL PALATE EXPLICITLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SERVICES AND APPLICATION, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Your use of the Services is at your sole discretion and risk. Primal Palate will not be responsible for any harm to your computer, mobile device or tablet computer, appliance, loss of data or other harm that results from your use of the Services. Primal Palate makes no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

Indemnity

You agree to defend, indemnify, and hold Primal Palate, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRIMAL PALATE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; (IV) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES AND (V) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT PRIMAL PALATE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

General

These Terms will be governed by and construed in accordance with the laws of the State of Pennsylvania, without regard to or application of conflict of laws rules or principles. The failure of Primal Palate to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect. These Terms and our Privacy Notice are the entire and exclusive agreement between Primal Palate and you regarding the Services, and these Terms supersede and replace any prior agreements between Primal Palate and you regarding the Services. We may revise these Terms from time to time. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

If you have any questions about these Terms, or about Primal Palate in general, please contact: info@PrimalPalate.com