Nutritional Widget
Delight your readers with our WordPress plug-in.
You can now add nutritional information to every recipe!
Solution for all other platforms coming very soon.
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Please read and agree to the Terms.
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May 16, 2012
Edamam LLC’s Edamam.com and Mobile Device Application
Terms of Use
EDAMAM LLC WIDGET TERMS OF USE
Please read these terms of use carefully before using the widget offered by EDAMAM LLC (“Edamam”, “us”, “we”). THESE TERMS OF USE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR (“you”, “your”) USE OF THE FEATURES AND CONTENT OF WIDGETS OFFERED BY EDAMAM (COLLECTIVELY INCLUDING ANY SUCH WIDGET, THE “SERVICES”) TO ACCESS CONTENT AVAILABLE VIA THE WEBSITE ACCESSIBLE THROUGH THE WORLD WIDE WEB ADDRESS EDAMAM.COM (the “Site”).
1. DESCRIPTION OF SERVICES.
Edamam Widgets (“Edamam Widgets” or “Widgets”) provided by Edamam are software modules operating within or connecting to the Site that appear separate and apart from the Site on a device, website or platform, which provide you with access to information and data comprised of nutritional information and facts. You acknowledge and agree that these modules may, without limitation, display Edamam logos, images and text that link to the Site or to information and other content located on the Site, search boxes or forms that return or link to information from or on the Site, and attribution, branding or advertising for Edamam and third party products (collectively, “Widget Content”). Edamam Widgets are comprised of the Widget Content, as well as all software files or images incorporated in, or generated by, the Widgets and any and all data and embedded code that accompanies the Widgets, including any upgrades, enhancements, modifications, updates and revisions of such software and code.
2. MODIFICATIONS OF TERMS OF USE.
This Agreement may be amended at any time from time to time by us without specific notice to you. Your continued use of the Services after any such changes constitutes your acceptance of the amendments to this Agreement. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site, the Services, the Widget Content, or any Edamam Widget. In addition, some services offered through Services may be subject to additional terms and conditions specified by Edamam from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference. This Agreement applies to all users of the Services, the Widget Content, or any Edamam Widget.
3. WIDGET LICENSE.
Subject to this Agreement, Edamam hereby grants you a limited, non-exclusive, worldwide, royalty-free, revocable, terminable, personal, non-transferable, non-sublicensable, license solely for your personal and non-commercial use as permitted by this Agreement to download, access, display and use Edamam Widgets on your website, devices or other similar platforms.
Any Widgets licensed hereunder are licensed as total units comprised of their components parts and no license to use the components separate from that whole is granted. Nothing in this Agreement shall be deemed to grant you any rights, title or interest in the Widgets, Widget Content or related Services.
4. EDAMAM CONTENT.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site, the Services, the Widget Content, and the Edamam Widget (“Copyright Content”) are the property of Edamam or its content suppliers and are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, the Services, the Widget Content, or any Edamam Widget, except as allowed by this Agreement, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site, the Services, the Widget Content, or any Edamam Widget. The posting of information or materials on the Site, the Services, the Widget Content, or any Edamam Widget does not constitute a waiver of any right in such information and materials.
EDAMAM, EDAMAM.COM and other Edamam graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Edamam or its affiliates in the U.S. and/or other countries (“Trademark Content”). Edamam trademarks and trade dress may not be used in connection with any product or service that is not Edamam’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Edamam. All other trademarks not owned by Edamam or its affiliates that may appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Edamam or its affiliates.
5. MONITORING.
Edamam is committed to the continual improvement of the Services. Towards that goal, Edamam may monitor user activity by and through the Services. All users of the Services hereby specifically agree to such monitoring. Notwithstanding the foregoing, Edamam cannot and does not make any warranties or guarantees that: (i) any Services, or any component thereof, will be made free from error or inaccuracy as a result of such monitoring or free from unauthorized and/or unacceptable use as a result of such monitoring; (ii) any statements or factual items presented by the Services will be free from error or authenticated; or (iii) Edamam will take any action in the event of any non-compliance with this Agreement.
6. NO MODIFICATION OF EDAMAM WIDGETS.
You hereby agree that you shall not modify any Widgets provided by Edamam, such that, without limitation, you shall not (i) change, redirect, or alter any embedded links in any Edamam Widget; (ii) obscure, block, remove or disable any element of the Widget; (iii) change, modify, or remove any software code provided by Edamam or embedded within the Widget; (iv) attempt to prevent or prevent or undermine search engines from following, tracking, recording, or scoring any links; and (v) place any web page or content designed to cause interference between Widget links and the Site.
7. NO ENDORSEMENT BY EDAMAM.
You agree that you shall not use Edamam Widgets, Widget Content, and the Services in any fashion that constitutes or creates the impression of an endorsement (whether expressed or implied) of any content, materials, claims, facts, data, products, or services contained on your website or platform or of your website or platform. And you further understand that reference to any products, services, data or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Edamam.
8. ELIGIBILITY TO USE AND PLACE WIDGETS.
Widgets may be placed on your websites, blogs, your pages at online social network or media sites (to the extent permitted by such sites), and other similar platforms, except that Edamam reserves the right but not the obligation to prohibit and/or block the placement of Widgets on websites, platforms or devices that include content that is offensive, abusive, harassing, threatening, discriminatory, vulgar, pornographic, or otherwise inappropriate as determined by Edamam in its sole discretion. You must place each Widget in a context appropriate to the content of the Widget (for example, and without limitation, a recipe page), and any reference to Edamam or its products and services must be accurate.
9. UNACCEPTABLE CONDUCT.
You hereby agree and affirm that you may not and shall not do any of the following with any Edamam Widgets, Widget Content or the Services:
- Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Services or any Edamam Widget except as expressly authorized by Edamam;
- Take any action that imposes or may impose (as determined by Edamam in its sole discretion) an unreasonable or disproportionately large load on Edamam’s (or its third party providers') infrastructure;
- Decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services or any Edamam Widget, except to the limited extent applicable laws specifically prohibit such restriction;
- interfere or attempt to interfere with the proper working of the Services or any Edamam Widget;
- Bypass any measures Edamam may use to prevent or restrict access to the Services or any Edamam Widget;
- Harvest or scrape any content or materials from the Services or any Edamam Widget;
- copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
- Upload, post, transmit, share, store 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; or
- Otherwise take any action in violation of Edamam’s guidelines and policies.
10. FEES AND PAYMENTS.
Edamam, in its sole discretion, reserves the right at any time to charge or impose fees for the use of or access to Widgets, Widget Content or related Services. Edamam will require your prior consent to charge any such fees, provided however, that if you decline to pay such charges, you may be required to remove any or all Edamam Widgets from your website, devices, or platform.
11. DISABLING OF WIDGETS.
Edamam reserves the right in its sole editorial discretion to disable any Edamam Widgets and/or the Services. Edamam, in its sole discretion, may remove any Edamam Widget or Widget Content from the Site for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), at any time. Edamam may also impose limits on certain features and services or restrict your access to parts or all of the Widgets, Widget Content and related Services without notice or liability. Edamam reserves the right to discontinue providing any or all of the Edamam Widgets at any time and to require you to cease displaying, distributing or otherwise using any or all of the Edamam Widgets and Widget Content for any reason including, without limitation, your violation of any provision of these Widgets Terms. Edamam may not offer any technical or maintenance support for Widgets. Edamam may offer upgrades or updates to Edamam Widgets at its sole discretion.
12. REGISTRATION.
You are not required to register on the Site in order to use the Service, although even if you do not register, you will be subject to these Terms of Use.
13. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY.
The Site, the Services, the Widget Content, and the Edamam Widget do not provide for the transmittal or exchange of medical information or advice. You understand and affirm that you will not use the Site, the Services, the Widget Content, and the Edamam Widget for information or advice on such topics.
THE INFORMATION PROVIDED THROUGH THE SITE, THE SERVICES, THE WIDGET CONTENT, AND ANY EDAMAM WIDGET IS PROVIDED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY, AND IS IN NO WAY INTENDED TO DIAGNOSE, CURE, OR TREAT ANY MEDICAL, DIETARY, FOOD ALLERGY, OR OTHER CONDITION. IT IS STRONGLY RECOMMEND TO ALWAYS SEEK THE ADVICE OF A QUALIFIED AND LICENSED PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER PRIOR TO STARTING ANY NEW DIET AND ASK SUCH HEALTH PROVIDER OR PHYSICIAN ANY AND ALL QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR FOOD ALLERGY. IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THIS AGREEMENT, EDAMAM AND ITS THIRD PARTY PROVIDERS DISCLAIM ANY LIABILITY OR LOSS IN CONNECTION WITH THE CONTENT PROVIDED VIA THE SITE, THE SERVICES, THE WIDGET CONTENT, AND ANY EDAMAM WIDGET.
THE INFORMATION FROM OR THROUGH THE SITE, THE SERVICES, THE WIDGET CONTENT, AND ANY EDAMAM WIDGET IS PROVIDED "AS IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION, SITE, THE SERVICES, THE WIDGET CONTENT, AND ANY EDAMAM WIDGET MAY CONTAIN VIRUSES, BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. IN NO EVENT WILL EDAMAM OR ITS DIRECTORS, EMPLOYEES OR AGENTS HAVE ANY LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, OR THE SITE.
IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND SERVICES AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE/SERVICE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EDAMAM’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE AND USE OF THE SITE, BUT IN NO CASE WILL OUR LIABILITY TO YOU EXCEED $50. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO US FOR THE SITE, THE SERVICES, THE WIDGET CONTENT, AND ANY EDAMAM WIDGET, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM US, REGARDLESS OF THE CAUSE OF ACTION. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR".
14. INDEMNITY.
You agree to indemnify, defend, and hold harmless Edamam, its contractors, licensors, subsidiaries and affiliates and their respective partners, directors, officers, employees and agents from and against any and all claims and expenses, including any and all losses, costs, liabilities, and attorneys' fees, arising out of or in connection with: (1) your use of the Site and Services, (2) any user content, third party content, third party sites and any other content, (3) your violation of this Agreement, or of any law or the rights of any third party, and (4) your breach of this Agreement and/or any breach of your representations and warranties set forth herein.
15. EXPORT CONTROLS.
You shall comply with all export laws and restrictions and regulations of the Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control ("OFAC"), or other United States or foreign agency or authority, and you shall not export, or allow the export or re-export of the Service in violation of any such restrictions, laws or regulations. By downloading or using any Edamam Widget, the Services, or the Widget Content, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any restricted country.
16. MISCELLANEOUS.
You and Edamam agree that any cause of action arising out of or related to the Site, the Services, the Widget Content, or any Edamam Widget must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (”JAMS”) by arbitrators appointed in accordance with such rules. The arbitration shall take place in New York, New York in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Edamam may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
17. INFORMATION COLLECTED BY EDAMAM AND PRIVACY.
Any data, content, or information collected by and through the Site, the Services, the Widget Content, or any Edamam Widget are subject to the Edamam Privacy Policy, which is available at [http://www.Edamam.com] (the "Privacy Policy"), and which is incorporated as if fully recited herein by this reference.