Terms of Service
Last Updated: December 28, 2024
Welcome to TinyKitchN ("we," "our," "us"), a platform providing a search engine to help users discover food vendors ("Services"). By accessing or using our website and services (the "Site"), you ("you," "User") agree to comply with and be bound by the following terms and conditions. Please read them carefully before using the Site.
1. Acceptance of Terms
By using the Site, you agree to these Terms of Service. If you do not agree to these terms, please do not use the Site. We may update these terms from time to time, and such changes will be posted on this page. Your continued use of the Site after such changes constitutes your acceptance of the new terms.
2. Services Provided
We offer an online platform that allows users to search for food vendors, including but not limited to pop up restaurants, food trucks, catering services, and other food-related businesses. The Site provides information such as business locations, genre of food, operating hours, and contact details. We do not endorse, recommend, or guarantee the services of any particular food vendor.
3. User Eligibility
You must be at least 18 years old to use the Site. By using the Site, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into a binding agreement.
4. User Account and Registration
Some features of the Site may require you to create an account. When creating an account, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. If you suspect unauthorized access to your account, you must notify us immediately.
4a. Founding Member class: The first 100 vendors to sign up to be listed on our platform will receive a, "Founding Member", status. This class/status will be viewed as an Elite Tier class for the lifetime of the business. Any features that are available to Elite members will be available to Founding Members at no additional cost. At the time of this writing, there are no guarantees what the features will be and there are no guidances as to what this entails. But, as a Found Member, it is our promise to take care of the early adopters for the lifetime of their business.
4b. Elite member class: At the time of this writing, there are projected to be three member classes/statuses; Basic/Premium/Elite. As we launch future versions of the platform, the Basic class will always have the ability to list their businessses free of charge. There will be greater functionality with Premium and Elite. Elite class will be the highest level with full functionality and accessability to the tools that are currently under development.
5. Use of the Site
You agree to use the Site solely for lawful purposes and in accordance with these Terms. You may not:
-
Use the Site for any illegal or unauthorized purpose;
-
Use automated tools (such as robots or spiders) to access the Site;
-
Distribute harmful or offensive content via the Site;
-
Attempt to gain unauthorized access to any portion of the Site or any other system connected to the Site.
6. Food Vendor Listings
We provide food vendor information through publicly available sources or submissions from the vendors themselves. While we strive to ensure the accuracy of the information presented, we do not guarantee the completeness, accuracy, or reliability of any vendor information. Food vendors are responsible for maintaining their own details, including their menu, pricing, availability, and operating hours.
7. Third-Party Links
The Site may contain links to third-party websites, including food vendors' websites. These links are provided for convenience and informational purposes only. We do not control or endorse the content of these external sites and are not responsible for any actions, damages, or losses incurred as a result of using third-party websites.
8. Reviews and Ratings
If the Site allows users to submit reviews or ratings for food vendors, you agree to provide honest, accurate, and respectful feedback. You grant us the right to use, display, or modify any content you submit, including reviews and ratings, in accordance with our privacy policy. We reserve the right to remove any content that we deem inappropriate, offensive, or in violation of these Terms.
9. Limitations of Liability
The Site is provided "as is" and "as available," without any representations or warranties of any kind, either express or implied. We do not guarantee that the Site will be error-free, secure, or uninterrupted. You use the Site at your own risk. In no
event shall we be liable for any damages, losses, or expenses arising from your use of the Site, including but not limited to any errors in the information provided by food vendors or issues arising from third-party links.
10. Consent to Record, Use, and Ownership of Content
By participating in or contributing to any activities, events, or recordings facilitated by TinyKitchN (the "Platform"), you hereby grant the Platform and its affiliates, successors, and assigns the unrestricted, worldwide, perpetual, and irrevocable right to record, film, photograph, or otherwise capture your likeness, voice, actions, and contributions (the "Content").
You further agree that the Platform shall exclusively own all rights, title, and interest in the Content, including all intellectual property rights therein, and shall have the unrestricted right to use, edit, modify, reproduce, distribute, display, perform, or otherwise exploit the Content for any purpose, including commercial, promotional, or advertising purposes, in any format or media now known or hereafter developed, without further consent from or compensation to you.
You waive any claims or rights of review, approval, or ownership of the Content and release the Platform from any liability related to its use of the Content as permitted under this clause.
This agreement is binding and applies to all Content created on or after your acceptance of these terms.
11. Indemnification
You agree to indemnify, defend, and hold harmless TinyKitchN, its affiliates, officers, employees, agents, and partners from any claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees, arising from your use of the Site, your violation of these Terms, or your infringement of any rights of another party.
12. Termination
We reserve the right to suspend or terminate your access to the Site at our discretion, without notice, if we believe you have violated these Terms. Upon termination, your right to use the Site will immediately cease, and any provisions of these Terms that by their nature should survive termination will continue to apply.
13. Governing Law
These Terms will be governed by and construed in accordance with the laws of California, United States, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in Los Angeles, California, and you consent to personal jurisdiction and venue in such courts.
14. Privacy Policy
Your use of the Site is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. By using the Site, you consent to our data practices as outlined in the Privacy Policy.
15. Modifications to the Terms
We reserve the right to modify these Terms at any time, and such changes will take effect immediately upon posting on the Site. We encourage you to review these Terms periodically for any updates. Your continued use of the Site following the posting of changes constitutes your acceptance of those changes.
16. Contact Information
If you have any questions or concerns regarding these Terms of Service, please contact us at:
TinyKitchN.com
2082 Michelson Dr. Ste 100
Irvine, CA 92612
By using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.