Terms of Service



Welcome to Sweet Relish! Sweet Relish is an online and mobile service that allows you to tell your story online about the things you relish. Sweet Relish lets you post reviews or "stories" about specific products and services, include pictures and other content into those stories, and engage in interactive forums on sweetrelish.com (the "Site") and through third party applications such as Facebook and Twitter. We call the services available on the Site, whether accessed directly, or through such third party applications, the "Service(s)."

The Sweet Relish Service is provided by mphoria, LLC, doing business as Sweet Relish, however, we will refer to our company and Service as "Sweet Relish" to keep things simple. Like all online services, we need to have a Terms of Service ("Terms"). Please read these Terms carefully, and email us at support@sweetrelish.com if you have any questions. By accessing or using the Sweet Relish Service, you agree to be bound by these Terms and by our Privacy Policy, whether or not you are a registered user of our Service. These Terms apply to all visitors, registered users, and others who access the Service ("Users").

1. Sharing Your Content

A.

Your content. When you see something on the Internet that you like, Sweet Relish allows you to "Relish It" by grabbing it and posting the content on the Service, including photos, comments, and other materials. Anything that you Relish, by posting, displaying, or otherwise making available on our Service, including all Intellectual Property Rights (defined below) in such content, is referred to as "User Content." You retain all of your rights in all of the User Content you post to our Service.

B.

How Sweet Relish and other users can use your content. Subject to any applicable account settings you select, you grant us a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, display, reproduce, re-post, modify (e.g., re-format), re-arrange, and distribute your User Content on Sweet Relish for the purposes of operating and providing the Service(s) to you and to our other Users. Nothing in these Terms shall restrict Sweet Relish's rights under separate licenses to User Content. Please remember that the Sweet Relish Service is a public platform, and that other Users may search for, see, use, and/or re-post any User Content that you make publicly available through the Service.

C.

How long we keep your content. Following termination or deactivation of your account, or if you remove any User Content from your account or your boards, Sweet Relish may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, Sweet Relish and other Users may retain and continue to display, reproduce, re-post, modify, re-arrange, and distribute any of your User Content that other Users have re-pinned to their own boards or which you have posted to public or semi-public areas of the Service.

D.

Your responsibility for your content:

i.

To Sweet Relish and our community. Sweet Relish provides a creative and positive place for you to discover and share things you love. To keep it that way, we ask that you review and agree to abide by these Terms. We must also insist that you only use our Service in a manner that is consistent with the Sweet Relish Acceptable Use Policy. We reserve the right, but are not obligated, to remove User Content from the Service for any reason, including User Content that we believe violates these Terms or the Sweet Relish Acceptable Use Policy. Please - be a good citizen on Sweet Relish, and always respect our Service and its Users.

ii.

To third parties. Sweet Relish values and respects the rights of third party creators and content owners, and expects you to do the same. You therefore agree that any User Content that you post to the Service does not and will not violate any law or infringe the rights of any third party, including without limitation any Intellectual Property Rights (defined below), publicity rights or rights of privacy. We reserve the right, but are not obligated, to remove User Content from the Service for any reason, including User Content that we believe violates these Terms or the Sweet Relish Acceptable Use Policy. It is important that you understand that you are in the best position to know if the materials you post are legally allowed. We therefore ask that you please be careful when deciding whether to make User Content available on our Service, including whether you can Relish or re-post User Content on your boards. To learn more about copyright and fair use, please click here for some links to useful third party resources.

E.

Definition of Intellectual Property Rights. When we refer to "Intellectual Property Rights" in these Terms, we mean all patent rights; copyright rights; moral rights; rights of publicity; trademark, trade dress and service mark rights (and associated goodwill); trade secret rights; and all other intellectual property and proprietary rights as may now exist or hereafter come into existence, and all applications for any of these rights and registrations, renewals and extensions of any of these rights, in each case under the laws of any state, country, territory or other jurisdiction. If it is determined that you retain moral rights (including rights of attribution or integrity) in the User Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the User Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the User Content by Sweet Relish or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and (d) you forever release Sweet Relish, and its licensees, successors and assigns, from any claims that you could otherwise assert against Sweet Relish by virtue of any such moral rights.

F.

Feedback you provide. We value hearing from our Users, and are always interested in learning about ways we can make Sweet Relish more awesome. You may choose to or we may invite you to submit comments, ideas or feedback about the Service, including without limitation about how to improve the Service or our products ("Feedback"). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction; your disclosure will not place Sweet Relish under any fiduciary, confidentiality or other obligation; and we are free to use, disclose and otherwise exploit the Feedback without any restriction and without additional compensation to you. By acceptance of your submission, Sweet Relish does not waive any rights to use similar or related Feedback previously known to Sweet Relish, or developed by its employees, or obtained from sources other than you.

2. Sweet Relish Content

A.

Sweet Relish Content. Except for User Content, the Service itself, all Software (defined below), content and other subject matter included on or within the Service, and all Intellectual Property Rights in or related to the Service or any such content or other subject matter ("Sweet Relish Content") are the property of Sweet Relish and its licensors. Except as expressly provided in these Terms, you agree not to use, modify, reproduce, display, perform, create derivative works from, distribute, sell, license, or otherwise exploit the Sweet Relish Content without our permission.

B.

Software. Any software that is made available to download from the Sweet Relish websites ("Software") is the copyrighted work of Sweet Relish, or Sweet Relish affiliates, or other third parties. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on the Site not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using this Site in accordance with these terms and conditions and for no other purpose. Please note that all Software, including, without limitation, all HTML, XML, Java code and Active X controls contained on this Site, is owned or licensed by Sweet Relish or its affiliates, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators of this Section will be prosecuted to the maximum extent possible.

C.

Our license to you. Subject to the terms and conditions of these Terms and our Acceptable Usage Policy, we grant you a license to use the Service, including accessing and viewing Sweet Relish Content, for your personal, noncommercial use to allow you to express yourself, connect with other Users, learn about and tell your stories about great products and services, and as expressly permitted by the features of the Service. Sweet Relish may terminate this license at any time for any reason or no reason. Except for the rights and licenses expressly granted, Sweet Relish reserves all other rights and no other rights are granted by implication or otherwise.

3. Copyright and Intellectual Property Policy

Sweet Relish respects the intellectual property rights of others and expects its Users to do the same. Sweet Relish has adopted and implemented the Sweet Relish Copyright and Intellectual Property Policy in accordance with the Digital Millennium Copyright Act. For more information, please read our Copyright and Intellectual Property Policy.

4. Using Sweet Relish

A.

Who can use Sweet Relish. You may use the Service only if you can form a binding contract with Sweet Relish, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under the age of 13 is strictly prohibited. If an individual between the ages of 13 and 18 uses the Site and Services, such individual may only use the Site and Services under the supervision of a parent or guardian 18 years of age or older. Because we respect the Sweet Relish community, the Service is not available to any Users previously removed from the Service by Sweet Relish.

B.

Sweet Relish accounts. Creating an account with Sweet Relish gives you access to the Services in our sole discretion. We may maintain different types of accounts for different types of Users. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. There are two levels of membership with Sweet Relish. With a Basic Account, the User is browse, relish things, buy products, and share stories. The Basic Account requires submission of the User's name, email address and password. Those Users who want to fully experience the Sweet Relish Service may create a Storyteller Account. The Storyteller Account allows the User all of the features of the Basic Account, with the addition of receiving free samples of selected products and/or services and the ability to share your stories to a greater audience. The Storyteller Account requires the User to provide some additional information about him/herself, and to link the User's Sweet Relish account with the User's Facebook account. Please note that if you receive a free sample about which you choose to post a story, you must mention that you received the free sample in your story. By connecting to Sweet Relish with a third-party service (e.g., Facebook, Pinterest or Twitter), you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. For more information on the types of information we collect from these third-party services, please read our Privacy Policy. You agree not to use user names or stories that are offensive, obscene, or harassing to others. We reserve the right to require you to change your user name or your story at any time and for any reason in our sole, reasonable discretion.

C.

Terminating your account. You may close your account at any time by sending an email to support@sweetrelish.com. We may permanently or temporarily terminate or suspend your User account or access to the Service for any reason, without notice or liability to you, including if in our sole determination you violate any provision of our Acceptable Use Policy or these Terms, or for no reason. Upon termination of your use of the Service, you continue to be bound by Sections 1b (How Sweet Relish and other users can use your content), 1C (How long we keep your content), 1E (Feedback you provide), 1F (Definition of Intellectual Property Rights), 2A (Sweet Relish Content), 3 (Copyright and Intellectual Property Policy), 4C (Terminating your account), 4F (Your interactions with other Users), 4G (Stories and Use of Other Interactive Areas) and 6 through 11 (inclusive) of these Terms. For information about how your User Content will be handled after any termination of your account, please see the "How long we keep your content" section above.

D.

Your responsibility for your account. When you create your Sweet Relish account, you must provide us with accurate and complete information. Please be sure to provide us with up to date contact information for you so we know how to reach you. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You are solely responsible for the activity that occurs on your account, and you agree to keep your account login and password secure. You must immediately notify Sweet Relish of any compromise of your credentials you become aware of and any unauthorized use of your account.

E.

Changes to the Service. Here at Sweet Relish, we're always innovating and finding ways to provide our Users with new and innovative features and services. Therefore, we may, without prior notice, change the Service; add features, stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service.

F.

Your interactions with other Users. Please keep in mind that you are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Sweet Relish will have no liability for your interactions with other Users, or for any User's action or inaction. Please help to make Sweet Relish a positive and respectful community.

G.

Stories and Use of Other Interactive Areas. The Site contains discussion forums, bulletin boards, review services or other forums in which you or third parties may post stories of your experiences or other content, messages, materials or other items on the Site ("Interactive Areas"). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree to comply with our Acceptable Use Policy and to not post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:

i.

Any message, data, information, text, music, sound, photos, graphics, code or any other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

ii.

Content that would constitute, encourage or provide instructions for 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 (SEC) or any rules of a securities exchange such as the New York Stock Exchange (NYSE), the American Stock Exchange or the NASDAQ;

iii.

Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

iv.

Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Sweet Relish;

v.

Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;

vi.

Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;

vii.

Viruses, corrupted data or other harmful, disruptive or destructive files;

viii.

Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or

ix.

Content or links to content that, in the sole judgment of Sweet Relish, (a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or (d) which may expose Sweet Relish or its affiliates or its users to any harm or liability of any type.

Sweet Relish takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Sweet Relish liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Sweet Relish is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although Sweet Relish has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, Sweet Relish reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.

5. Privacy and Security

We care about the privacy and security of our Users. You understand that by using the Service you consent to the collection, use and disclosure of your personal information (including personally identifiable information) and aggregate data as set forth in our Privacy Policy, and to have your personal information collected, used, transferred to and processed in the United States. While we work to protect the security of your content and account, Sweet Relish cannot guarantee that unauthorized third parties will not be able to defeat our security measures. You acknowledge that you provide your information at your own risk.

6. Third-party Links, Sites and Services

The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Sweet Relish. Sweet Relish does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from the Service, you do so at your own risk and you agree that Sweet Relish will have no liability arising from your use of or access to any third-party website, service, or content.

7. Indemnity

You agree to indemnify and hold harmless Sweet Relish and its parent company and any of their officers, directors, employees, members, shareholders, and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), arising out of or in any way related to (i) your access to or use of the Services or Sweet Relish Content, (ii) your User Content, or (iii) your breach of any of these Terms.

8. Disclaimers

THE SERVICES, INCLUDING WITHOUT LIMITATION ALL CONTENT AND OTHER SUBJECT MATTER INCLUDED WITHIN THE SERVICES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SWEET RELISH SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

Sweet Relish takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You are solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your and other users' online distribution and publication of your and their User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.

9. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES, SWEET RELISH CONTENT, AND USER CONTENT REMAINS WITH YOU AND YOU USE THE SERVICES AT YOUR OWN RISK. YOU AGREE THAT NEITHER SWEET RELISH NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR RELATED TO THESE TERMS OR FROM THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, USER CONTENT, SWEET RELISH CONTENT, OR FROM 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, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SWEET RELISH HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT WILL SWEET RELISH'S AGGREGATE LIABILITY, OR THAT OF ITS OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, SHAREHOLDERS AND AGENTS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, USER CONTENT OR SWEET RELISH CONTENT EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SWEET RELISH AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.

The Service is controlled and operated from its facilities in the United States. Sweet Relish makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable national, state, local or other laws, statutes, directives, rules, regulations, and all interpretations or orders of any government, administrative or regulatory authority or court, including but not limited to those related to export and import of software, technical information or services. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.

10. Arbitration and Governing Law:

A. For any dispute you have with Sweet Relish,

you agree to first contact us at support@sweetrelish.com and attempt to resolve the dispute with us informally. In the unlikely event that Sweet Relish has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, "Claims"), by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and Sweet Relish agree otherwise, the arbitration will be conducted in Lancaster County, South Carolina. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that Sweet Relish will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND SWEET RELISH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

B. Governing Law.

You agree that: (i) the Service shall be deemed solely based in South Carolina; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Sweet Relish, either specific or general, in jurisdictions other than South Carolina. These Terms shall be governed by the internal substantive laws of the State of South Carolina, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. We each agree to submit to the personal jurisdiction of a state court located in Lancaster County, South Carolina or the United States District Court for South Carolina, for any actions for which either party retains the right to seek injunctive or other equitable relief, as further described in the Arbitration provision above.

11. General Terms

A. Notification Procedures and changes to these Terms.

Sweet Relish may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Sweet Relish in our sole discretion. Sweet Relish reserves the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in these Terms and our Privacy Policy. Sweet Relish may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change the Terms in a material manner, we will update the 'last modified' date at the bottom of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these Terms or to any future Terms of Service, do not use or access (or continue to access) the Service. Sweet Relish is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.

B. Assignment.

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Sweet Relish without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

C. Export Control.

Any software or technology obtained from Sweet Relish through the Service, originates in the United States, and is subject to United States export laws and regulations. Such software and technology may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, software and technology obtained from Sweet Relish may be subject to the import and export laws of other countries. It is your responsibility to comply with all U.S. and foreign export and import laws and regulations.

D. Entire Agreement/Severability.

These Terms, together with any amendments and any additional agreements you may enter into with Sweet Relish in connection with the Service, shall constitute the entire agreement between you and Sweet Relish concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.

E. No Waiver.

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Sweet Relish's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

F. Contact.

Please contact us at support@sweetrelish.com with any questions regarding these Terms.

These Terms were last modified on August 29, 2012.