Last updated: December 1, 2020
BY DOWNLOADING THE APP OR PLACING A CHECK MARK NEXT TO THE BOX “ACCEPT”, YOU ARE ACCEPTING THESE TERMS. YOU HEREBY REPRESENT AND WARRANT THAT YOU ARE DULY AUTHORIZED TO ENTER INTO AND BIND YOURSELF TO THE TERMS AND CONDITIONS OF THESE TERMS AND ACKNOWLEDGE AND AGREE THAT ALL SUCH USE BY YOU IS SUBJECT TO THESE TERMS. If you do not agree to these Terms (or are not authorized to bind yourself), you are prohibited from using the Site.
1. Cravve Services and Eligibility
Cravve is a software platform that allows users to connect, communicate, share content, view products and other offers (each, an “Offer”) made available by third party businesses (each a “Third Party Business”) which may be delivered by third-party service providers (“Delivery Providers”).
You acknowledge and accept that each Third Party Business and Delivery Provider is independent of Cravve and acts as an independent contractor acting on your behalf in providing services related to each Offer.
Users must be over age 18. You represent that you are over the age of 18. We do not target our Site to children or teenagers under 18, and we do not permit any users under 18 on our Service. If we learn of any user under the age of 18, we will terminate that user’s account immediately. Our Services are not intended to be used by children. You must be at least 18 years of age to use the Services.
You may not use the App if you have been previously banned.
3. User Accounts; Registration Data; Account Security
To use the Services, you must register for an account through the App (“User Account”). Business users, such as restaurants, may register for a (“Business Account”) and are subject to additional business terms and conditions (“Business Terms”).
Upon establishing a User Account, you agree to (a) provide accurate, current and complete information as may be prompted when you register on the Site (“Registration Data”); (b) maintain the security and confidentiality of your ID and password; (c) maintain and promptly update your Registration Data, and any other information you provide to the Site, and to keep it accurate, current and complete; (d) accept all risks of unauthorized access to the Registration Data and any other information you provide on the Site; and (e) comply with the User Account Guidelines outlined in Section 10 of these Terms. Cravve will not be liable for any loss or damage from your failure to comply with this obligation.
All User Accounts other than Business Accounts are for personal, non-commercial use only. Business Accounts may only be created by person(s) who have the legal right and authority to bind the Business. You may not create or use a User Account or a Business Account for the purpose of driving internet traffic to your Business or creating fake reviews.
You will not share your Registration Data with anyone. You are responsible for all activity relating to your User Account and ensuring that your use is conducted in compliance with all laws that apply to you.
Users that create, publish or are business partners with Cravve may request a verified User account (“Verified Account”). Cravve reserves the right in its sole discretion to grant Verified Account status to applicants who meet its eligibility criteria. Businesses or individuals likely to be eligible for a Verified Account include advertisers, media companies, celebrities, and individuals with brand recognition. Information regarding the benefits and privileges of Verified Accounts will be disclosed and coordinated by our Verified Account Manager after your application has been accepted.
4. Shipping and Accepting Offers
You may use the App to view Offers made by Third Party Businesses.
Your acceptance of such Offers is entirely between you and the applicable Third Party Business and/or their Delivery Provider. Cravve is not responsible for making sure that products and services offered by Third Party Businesses are up to a certain standard of quality or that information (including product and service descriptions) provided by such Third Party Businesses are accurate or up-to-date.
Should any products or services of an accepted Offer be unavailable at the time of delivery, the Third Party Business or Delivery Provider may contact you to obtain further instructions. Refunds and product or service substitutions are subject to the policies of, and made in the sole discretion, of the respective Third Party Business and/or their Delivery Provider.
All matters related to the purchase and/or delivery of products and services made available through Offers are solely between you and the applicable Third Party Business and/or Delivery Provider, as the case may be. By accepting an Offer, you agree to be bound by the terms, conditions and policies of the applicable Third Party Business that you are purchasing such products or services from and the selected Delivery Provider.
You agree to accept Offers at your own risk and further agree that Cravve has no responsibility or liability regarding any Offer made through the App.
Currently, Users and Businesses may create a User Account and access the App for free. Users and Businesses may access or utilize certain features, services and subscriptions made available through Cravve for the fees (“Fees”) described on the Services at the time of purchase or acceptance.
Fees and pricing policies are subject to change in the sole discretion of Cravve. You will be notified if we modify these policies and if you wish to continue using the Services at such time, you will have to pay any applicable fees.
All Fees will be charged through a third-party payment provider (“Payment Provider”). If we do not receive payment from the Payment Provider, you agree to pay all amounts due upon demand and agree that we will continue to attempt to charge your account until full payment is received. We reserve the right to terminate or suspend your User Account or Business Account if: (a) you initiate a chargeback or otherwise reverse payments made; or (b) for any unpaid Fees owing.
Except as otherwise specified herein or our policies, (i) Fees are based on the Services purchased and not actual usage, and (ii) payment obligations are non-cancelable and Fees paid are non-refundable.
6. User Content, Ownership, Copyright and Trademarks
Content on the Application, including all text, ratings, videos, check-ins, votes, friending and following activity, information you contribute to your user profile or suggest for a business page, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement, is called “Content”.
(b) License and Ownership of User Content
Content provided by Users and Businesses is collectively referred to as “User Content”. User Content is the property of its respective owners (e.g. the User that inputted it). User Content on Cravve may include text posts, information, data, images, videos, sounds and other data uploaded by a User to the App. You are responsible for your use of the Services and for any User Content you post to the Services. Depending on the settings of your post, your User Content may be viewed by other Users. You should only provide User Content that you are sharing with others under these Terms. Cravve does not endorse any User Content, including any recommendations or advice from Users or Businesses, and you agree that Cravve is not responsible for liabilities arising from any User or Business Content.
Our automated programs analyze User Content to provide you personally relevant Service features, such as customized search results, tailored advertising, and relevant User or Business Content. This analysis occurs as the Content is uploaded, rated, stored and commented on.
Cravve’s only right to use that User Content is the limited licenses to it granted in these Terms. Those licenses are described in Section 8 of these Terms.
Other than User Content, the App, all Content and any other software used to create and operate the Services is the property of Cravve or its licensors, and is protected by United States and international copyright laws, and all rights to Services, such Content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the App are the property of their respective owners. When you post Content, you agree that your Content may be shared by other Users. Posts made by through shared Content must contain an attribution the owner of the Content.
(c) Responsibility for Your User Content
Your User Content is your responsibility. We have no responsibility or liability for it, or for any loss or damage your User Content may cause to you or other people. Although we have no obligation to do so, we have the absolute discretion to remove, screen or edit without notice any User Content posted or stored on the Services, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any User Content you post or store on the Services.
7. License to Use Cravve and License Restrictions
Subject to the Terms, Cravve grants to you a limited, revocable, non-exclusive, non-sublicensable license to use the Site, access the Services and view the Content through the use of our Services (“License”).
Other than as expressly permitted in these Terms, the Content, License, Site and Services are subject to the following restrictions and account terms:
The Services we provide through the Site are for your use only. You may not resell, lease or provide them in any other way to anyone else, except as permitted through the Site.
You may not make or distribute copies of the Site or Services.
You may not alter, merge or translate the Site or software, or decompile, reverse engineer, disassemble, or otherwise reduce the Site to a human-perceivable form.
You may not modify or create derivative works based on the Site or the Content.
You may not use the Site or Services for deployment or ultimate production purpose.
You may not use the Site or Services to develop any Site or Services having the same or similar primary function as the Site and Services.
You may not remove or modify any copyright, trademark or other proprietary notices that have been placed in the Content.
You cannot do anything to interfere with or impair the intended operation of the Site.
Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the License granted in this Section, this Agreement and your User Account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws.
Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The Licenses in this Section is revocable by Cravve at any time.
Your use of the Site, Services and Content must not infringe or violate the rights of any other party, breach any contract or legal duty to any other parties or violate any applicable law.
Your use of the Services and Site must comply with the User Content Guidelines outlined in Section 10 of these Terms.
Attempt to gain unauthorized access to the Application, the server on which the Application is stored, or any server, computer or database connected to Cravve’s cloud provider.
8. Your Limited License of Your User Content to Cravve
We do not claim any ownership interest in your User Content, but we do need the right to use your User Content to the extent necessary to operate the Site and provide the Services, now and in the future. For example, if you post an image to the Site, we need your license to display that User Content on the Services, and we need the right to sublicense that User Content to our other users so that they can view that User Content.
Therefore, by posting or distributing User Content to or through the Services, you (a) hereby grant to Cravve and its affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate and create derivative works from such User Content, in the manner in and for the purposes which the Services from time to time use such User Content; (b) represent and warrant that (i) you own and control all of the rights to the User Content, or otherwise have the lawful right to post and distribute that User Content, to or through the Services; and (ii) the use and posting or other transmission of such User Content does not violate these Terms (including the User Content Guidelines described Section 10 below) and will not violate any rights of or cause injury to any person or entity.
If your User Content is intended for the use of other users, you also hereby grant to us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to sublicense such User Content to such users for their use in connection with their use of the Services, as described in this Section.
These licenses from you are non-exclusive because you have the right to use your User Content elsewhere. They are royalty-free because we are not required to pay you for the use of your User Content on the Services. And they are transferable because we need the right to transfer these licenses to any successor operator of the Services. Our rights to “modify, adapt, translate, and create derivative works from” are necessary because the normal operation of the Services does this to your User Content when it processes it for use in the Services.
9. Third Party and Open Source Software and Content
The Services may contain third-party and open-source content, software and services (“Third-Party Material”). Such Third-Party Material may be subject to third-party licenses and require notices and/or additional terms and conditions (“Third-Party Licenses”). These Third-Party Licenses are made a part of and incorporated into these Terms. By using the App and these Services, you are also accepting the Third-Party Licenses. To view the Third-Party Licenses, please contact firstname.lastname@example.org.
The Services contain links and connections to third-party websites and services which are not owned or controlled by Cravve, including the websites and services of the Third Party Businesses and Delivery Providers (“Third-Party Providers”). When you access or use the services of Third-Party Providers, you accept that you are solely responsible for the risks from such access or use.
Cravve has no control over, and assumes no responsibility for the content, accuracy, privacy policies, or practices of or opinions expressed in any Third-Party Material or from Third-Party Providers that you interact with through the Services. By using the Services, you release and hold us harmless from any and all liability arising from your use of any Third-Party Provider.
You also acknowledge and agree that the availability of our App is dependent on third party stores from which you download the application (“App Store”), such as App Store from Apple or Android App from Google, and by downloading the App agree to the terms and conditions contained in those App Stores.
10. User Content Guidelines
The Services may permit users to upload or input User Content. User Content submitted to any public area of the Services will be considered non-confidential. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:
Any message, data, information, text, music, sound, photos, graphics, code or other material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harmful to minors, sexually explicit, harassing, racist, prejudiced, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable in the sole opinion of Cravve;
Content that Cravve determines in its sole opinion is intended to “spam” or “phish” from other users, including the posting of Content outside of appropriate categories or feeds;
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, provincial, state, national or international law;
Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
Private information of any third party, including without limitation, addresses, phone numbers, email addresses and credit card numbers, unless that third party has expressly consented to such use;
Viruses, trojan horses, worms, time bombs, cancelbots, corrupted data or other programming routines that are intended to damage, interfere with, surreptitiously intercept or extract any data or Content from the Services;
Use software or technology that attempts to intercept, divert or redirect internet traffic to or from any other website, or that potentially enables the diversion of such websites, including toolbars, browser plug-ins, extensions and add-ons;
Content that is unrelated to the use of the App; or
Content that in the sole judgment of Cravve, is objectionable or which restricts or inhibits any other person from using or enjoying the Site or the Services, or which may expose Cravve or its affiliates or its users to any harm or liability of any type.
Users who post branded Content i.e. content that features or is influenced by a business partner for an exchange of value (“Branded Content”), are responsible for ensuring their Content abides by the Federal Trade Commission Endorsement Guidelines. Branded Content may only be posted by Users with a Verified Account.
Any use of the App or portions of the Services in violation of the foregoing violates the Terms and may result in, among other things, termination or suspension of your rights to use the App or the Services.
11. Posting Guidelines
When posting Content, you must comply with the following posting guidelines:
Each post on the Site should be useful or substantial. For example, posts must not be repetitive, including to push down a competitor’s Content or to dominate a feed.
Post any fake or defamatory Content, trade Content with others, or compensation someone or be compensated to post, refrain from posting, or remove Content.
Links to other web pages must contain a detailed description of the page or media that is being linked to.
All reviews of businesses or services must be informative and constructive.
The location of posts on the Site are critical to the functioning and operation of the Services. You may not misrepresent the location of a post by “rooting” or “jailbreaking” your devices.
12. User Account Guidelines
Any Users or User Accounts engaging in the activities specified below may be subject to termination of the License or permanent suspension:
Transferring of Usernames – Users with free User Accounts may not transfer their usernames to third parties or other Users. Users with paid User Accounts may only transfer usernames through the Services. The transfer of a username outside of the Services may result in the deletion of all of the User Content.
Usernames that infringe Trademarks – We reserve the right to reclaim squatted usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames. User Accounts using business names and/or logos to mislead others may be permanently suspended or terminated.
13. Copyright Policy
Cravve respects the intellectual property rights of others. By submitting User Content through the Services, you represent and warrant that doing so does not infringe any third party’s copyrights, trademarks, privacy rights, or other intellectual property or legal rights of any kind.
If we are notified that any user has posted, shared or saved any Content which allegedly do not conform to these Terms, we may, in our sole discretion, investigate the allegation and determine whether to take any other actions. You may also be subject to civil and criminal penalties, including without limitation monetary damages, if you violate any third party’s legal rights.
Cravve does not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services (including links to third party websites) or endorse any opinions expressed via the Services or such websites or resources. While we will use every effort to ensure that all Content complies with these Terms, you understand and agree that notwithstanding our efforts, by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate, inappropriate or otherwise deceptive.
If you believe that your Content has been copied in a way that constitutes copyright infringement, please contact us and submit the following DMCA Notice to Cravve’s designated contact at email@example.com.
14. DMCA Notice of Alleged Infringement (“Notice”)
Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found.
Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature.
Upon receipt of Notice, Cravve will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the App or Site. If you choose to submit a Notice, remember that you are starting a legal process. Misuse of this process may result in the suspension of your User Account.
15. Security of the Application
To ensure reliability and to protect the User Content, we use high grade hosting services and security technologies that we believe will provide you with a secure and safe environment. For example, all Content and information on the Site is encrypted using SSL certificates.
However, no system is perfectly secure or reliable. The internet is an inherently insecure medium, and the reliability of hosting services, internet intermediaries, your internet service provider, and other service providers cannot be assured. When you use the Site, you accept these risks and the responsibility for choosing to use a technology that cannot guarantee complete security and reliability.
16. Advertisements and Promotions
Cravve may run advertisements and promotions from Third-Party Providers on the App. Your business dealings or correspondence with, or participation in promotions of advertisers other than Cravve, and any terms, conditions, warranties or representations associated with such dealings are solely between you and such Third-Party Provider. You are not entitled to any compensation for such advertising. Cravve is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of Third-Party Providers or advertisers on the App.
Cravve reserves the right to offer coupons or credits to Users or Businesses as part of its marketing campaigns, to incentivize the use of Services, or for any other reason or purpose at Cravve’s sole discretion. Where a promotion or discount on the Services is offered by a Third-Party Provider, such promotion or discount is subject to the terms and conditions of the Third-Party Provider.
17. Cravve Influencer Rewards Budget Program
The Cravve Influencer Rewards Budget Program (the “Program”) is offered by Cravve to users to help them promote their posts to the Cravve community. Cravve will extend certain perks and privileges as described below. By participating in the Program, you agree to the terms conditions, policies and procedures of the Program, including, without limitation, these Terms. Cravve reserves the right to disqualify users who have violated any of the Program terms and conditions.
Cravve may alter, limit, modify or terminate the Program, the Program structure or any other feature of the Program in its sole and absolute discretion at any time and in any manner without notice. Your continued participation in the Program will confirm your acceptance of such changes.
The program is limited to one account per User. Eligible User can be either an individual or a business entity.
Upon creating your account with Cravve, you will automatically be enrolled in the Program.
Cravve Influencer Status Levels
There are five Program status levels - Green, Blue, Red, Black and Gold. The status levels are based on your achievement of posting milestones on the Website or App in a 30-day period. You will receive Green status automatically upon enrolling in the Program. You also will receive a Program welcome bonus budget in the amount advertised on the Website or App at the time of your enrollment.
If you achieve the number of posts set forth below for a higher status level at any given time during a 30-day period, you will receive the corresponding assigned budget credits that can be used as credits toward promoting and advertising your posts on the Website or App to others in the Cravve community. You will not be charged for the assigned budgets; however, you can purchase additional advertising credits as set forth under “Purchasing Additional Credits” below.
Each budget will be effective for a 30-day period commencing on the date you achieve the milestone. Any portion of the budget unused and remaining at the end of the 30-day period will expire. If you achieve a milestone qualifying you for a higher status level, any remaining balance in your budget from the previous level will automatically expire and you will be assigned the budget amount corresponding to the new level, which will be effective for a period of 30 days unless you achieve a higher level status during the 30-day period, in which case you would be refreshed with the new level status. The total number of posts for each level must be achieved during a rolling 30-day period. If you do not advance to a higher level, your existing level budget will be replenished every 30 days, with any unused balance expiring and not being carried forward.
All posts must actively remain on the Website or App to qualify for the status levels. If you delete a post that reduces your total posts below the milestone of your current status level, your current budget will automatically terminate and you will be lowered the relevant level based on the number of your current active posts and you will be assigned the corresponding budget for the lower level.
Your status level budget (excluding the welcome bonus budget) will automatically renew every 30 days until you close your account or Cravve cancels or terminates the Program. The welcome bonus budget is a one-time 30-day budget that will not renew.
All dollars are in United States Dollars. The cost of an advertisement/promotion on the Website or App is determined based on the budget amount per day and duration of the promotion that a User selects, subtracting any available and applicable discounts. An illustration of how the budget of an advertisement/promotion operates can be found here.
The criteria for each status level are as follows:
Green: 0 – 9 Posts = $0 Budget
Blue: 10 – 49 Posts = $10 Budget
Red: 50 – 149 Posts = $50 Budget
Black: 150 – 249 Posts = $150 Budget
Gold: 250 or More Posts = $250 Budget
For example, if you enroll in the Program you will receive the welcome bonus and automatically have Green status. The welcome bonus budget will be available for use for a period of 30 days and then any unused balance of the bonus budget will expire. Once you reach 10 posts on the Website or App in a 30-day period, you will achieve Blue level status and be awarded a $10 budget that may be used for the following 30 days. Any unused portion of the $10 budget will expire at the end of the 30-day period and your $10 budget will be replenished. If you have a balance remaining in your welcome bonus budget when you achieve Blue level status, the unused portion of your welcome bonus will automatically expire. If at any time thereafter make 50 posts during a 30-day period, you will advance to the Red level and be assigned a new budget of $50, and any balance remaining in your $10 budget will automatically expire and will not be carried forward. If at any time thereafter you make 200 posts during a 30-day period, you will advance to the Black level and be assigned a new budget of $150, and any balance remaining in your $50 budget will automatically expire and will not be carried forward. If at any time thereafter you make 250 posts during a 30-day period, you will advance to the highest Gold level status and be assigned a new budget of $250, and any balance remaining in your $150 budget will automatically expire and will not be carried forward. If you delete some of your posts leaving only 50 posts active, you would be lowered to the Red level and your $250 budget will automatically expire and you will be issued a new budget of $50.
Purchasing Additional Credits
You may promote your User Content at a higher budget amount than the amount allocated under the welcome bonus and pay for any remaining cost for each promotion. Cravve may, at its discretion, offer purchase options of additional credits to be added to your budget. For each dollar you spend you will receive a dollar credit.
You expressly understand and agree that Cravve will not be liable for any monetary transactions that occur through your use of the Stripe payment processing services. You are responsible for all transactions processed through Stripe. It is your responsibility to verify that the transaction was successfully processed by Stripe. Cravve is not liable for loss or damage from errant or invalid transactions processed with your Stripe account, including transactions that were not processed as a result of network communications errors.
Right to Revoke
Cravve reserves the right to revoke your membership or any of your benefits as a member under the Program, if in the sole and absolute discretion of Cravve, Cravve determines you have abused any of the Program privileges, failed to comply with these Terms or otherwise earned benefits through deception, forgery or fraud.
No Right of Transfer
You may not transfer, sell, assign or trade Program benefits to someone else. Budgets may not be exchanged for cash.
18. Warranty Disclaimer
THE SITE, THE CONTENT, THE SERVICES AND OFFERS ARE PROVIDED TO YOU ON AN "AS IS", AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES FROM CRAVVE OF ANY KIND, EITHER EXPERESS OR IMPLIED. CRAVVE EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. CRAVVE DOES NOT REPRESENT OR WARRANT THAT THE SITE OR CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SITE, THE APP, THE CONTENT OR ANY PORTION THEROF. CRAVVE DOES NOT MONITOR, CONTROL OR VET USER CONTENT OR THIRD-PARTY MATERIALS.
CRAVVE DOES NOT MAKE ANY CLAIMS OR WARRANTIES WITH RESPECT TO THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF ANY (A) THIRD PARTY, INCLUDING BUSINESSES, THIRD PARTY BUSINESSES, DELIVERY PROVIDERS OR ADVERTISERS LISTED ON THE SERVICE; OR (B) GOODS OR SERVICES LISTED ON THE SERVICE. ACCORDINGLY, CRAVVE IS NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS OR DAMAGE THAT MIGHT ARISE FROM ANY SUCH THIRD PARTY'S ACTIONS OR OMISSIONS. YOUR ACCETANCE OF OFFERS, PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES AND DELIVERY PROVIDERS THROUGH THE SERVICE IS AT YOUR OWN DISCRETION AND RISK.
WHILE CRAVVE ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE APPLICATION AND SERVICES SAFE, CRAVVE DOES NOT REPRESENT OR WARRANT THAT THE SITE, SERVICE OR ANY CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
19. Limitation of Liability; Indemnity
You waive and shall not assert any claims or allegations of any nature whatsoever against Cravve, its affiliates or subsidiaries, their contractors, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties”) arising out of or in any way relating to your use of the Site, Services or the Content, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of Content, products and services offered or provided by Third Party Businesses and/or Delivery Providers or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Site or Services. Your use of the Site and Services at your own risk.
Without limitation of the foregoing, neither Cravve nor any other Released Party shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Site or the Content, including without limitation any damages caused by or resulting from your reliance on the Site or other information obtained from Cravve or any other Released Party or accessible via the Site, or that result from mistakes, errors, omissions, interruptions, deletion of User Content or other data, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Cravve, the Customer, any user, or any other Released Party's records, programs or services.
In no event shall the aggregate liability of Cravve, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Site or the Services exceed any amount paid by you for access to the Site or Services during the three months prior to the date of any claim, if any.
You shall defend, indemnify and hold harmless Cravve and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Services, from the use of the Services by any person to whom you give access to your User Account, and from your dispute with a third party, such as a Third Party Business or Delivery Provider, arising out of or in any way connected to the Services.
Cravve disclaims all liability for any Content posted on the Services that may be outdated, inaccurate or misleading. Users are responsible for independently verifying all Content. Cravve does not guarantee the quality of the products or services or their availability. Unless stated otherwise, all pictures and information contained on the Services are believed to be owned by or licensed to Cravve.
20. Termination/Modification of License and Site Offerings
Notwithstanding any provision of these Terms, Cravve reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Site or Services, or any portion thereof; (b) block or prevent your future access to your User Account or Business Account and use of all or any portion of the Site or Content; (c) change, update, interrupt, suspend or discontinue any aspect of the Services or Content; and (d) impose limits on the Services or Content.
Cravve reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline applicable to the Services, at any time and in its sole discretion. If we do so, we will notify you at the e-mail address you provide in your registration information, if any, and we will post a notice on the App visible to you the next time you access the Services. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site, and your continued use of the Services after such time will constitute your acceptance of such changes or modifications. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Services. The Terms will always show the ‘last updated’ date at the top. If you do not agree to any amended Terms, you must stop using the Services. If you have any questions about the Terms, please email us at the contact address below.
As part of the Services, you may receive communications through the Services, including messages from Users, Businesses or Delivery Providers. You agree to these communications when you sign up for a User Account and provide us with the Registration Data. If you provide Registration Data on behalf of someone else, you represent and warrant that such person has consented to receive communications from Cravve. You agree to indemnity and hold Cravve harmless from and against any and all claims, liabilities, damages, losses and expenses, including attorney fees, arising from or in any way related to your breach of the foregoing.
Notices that we give you (other than notice of amendment of these Terms, which is discussed in Section 19 above) may be provided in any of the following ways. First, we may email you at the contact information you provide in your Registration Data, if any. Second, we may post a notice to you in the notifications area of the Services. Third, we may post the notice elsewhere on the Services. When we post notices on the Services, it is your responsibility to periodically review the Services for notices.
By providing your telephone number in your Registration Data, Users and Businesses agree to receive calls, SMS messages and other communications, including those made available automatically, sent by or on behalf of Cravve or by a Delivery Provider.
You acknowledge and agree that a Third Party Business or Delivery Provider may contact you in relation to an accepted Offer through any Registration Data, or through contact information you provided directly to the Third Party Business or Delivery Provider. Cravve does not bear any responsibility or liability for any communications between you and any Business and/or Delivery Provider.
22. Governing Law
This Agreement will be governed by and construed in accordance with the laws of the State of California, without regard to any conflict of law principles. Any dispute between the parties arising out of or related to this Agreement shall be resolved exclusively by JAMS arbitration, which shall be held in San Francisco County, California, or another location mutually agreed upon, and conducted in accordance with the JAMS then in effect. Judgment upon the award rendered shall be final and non-appealable and may be entered in any court having jurisdiction. The prevailing party shall be entitled to recovery of all its reasonable attorneys’ fees from the other party in addition to any other award of damages.
23. Termination of Agreement
You and Cravve may terminate these Terms and your use of the Site at any time. When you terminate these Terms, you must cease using the Site immediately. When your User Account is terminated, any User Content you have uploaded to the Site may remain on the Site. The license you grant to us in Section 8 therefore survives the termination of this Agreement. In addition, we may retain an archival copy of your User Content after termination, and you therefore hereby grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for our commercial business purposes.
If these Terms expire or terminate for any reason, Sections 3, 4, 5, 6, 7, 8, 9, 17, 18, 19, 21, 22 and any representation or warranty you make in these Terms, shall also survive indefinitely.
(a) If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
(b) Cravve may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of Cravve, and any such attempted assignment will be void and unenforceable.
(c) These Terms constitute the entire agreement between you and Cravve regarding your use of the Site, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and Cravve regarding your use of the Site.
(d) The parties confirm that it is their wish that these Terms, as well as any other documents relating to this Terms, including notices, have been and shall be drawn up in the English language only.
25. Questions and Comments
If you have any questions regarding these Terms or your use of the Application, please contact us here:
ADDITIONAL TERMS FOR CRAVVE BUSINESS ACCOUNTS
Last updated: May 16, 2020
Capitalized words used but not defined in these Business Terms have the meanings described in the Terms. By creating, accessing, or using your Business Account, you are agreeing to these Business Terms and are entering into a legally binding contract with Cravve. You are not authorized to create, access, or use a Business Account if you do not agree to these Business Terms.
1. Cravve Business Services
Cravve contains additional features to enable business Users (each a “Business”) to highlight, feature and promote their culinary products and services with their customers. Businesses may include restaurants, take-out delivery services and virtual kitchens.
2. Setting up your Business Account
To use the Service as a Business, you must register for a business User Account (“Business Account”). By setting up a Business Account, you are agreeing: (a) to provide accurate, current and complete Registration Data as may be requested by us; (b) to maintain the security of your username and password; and (c) to update and maintain your Registration Data.
There are two ways you can set up your Business Account:
A) Claim Business Profile. If your Business profile (“Business Profile”) already exists on the Services, you may claim it by submitting a claim request through the Service.
B) Apply to Create a New Business Profile. If you wish to create a new Business Profile, you can apply for a new Business Account on our Site or sign up in person with a Cravve representative.
To be permitted to set-up a Business Account, the Business will need to meet the eligibility and verification requirements as set out in these Business Terms.
3. Verifying your Business Account
All Business Accounts must be verified by us either online, in person or over the phone. To complete the verification, you will be asked to submit information requested by Cravve which includes (but is not limited to) documentation evidencing your legal power and authority to bind the Business. The verification process typically takes up to two (2) business days to complete after you submit all the requested documentation.
After your verification is complete, you will be given a username and password for your Business Account to access and upload Content on your Business Profile. Businesses which set up a new Business Profile, and are not claiming an existing Business Profile, may be required to provide additional documentation regarding their products and/or services. We reserve the right to refuse any application to be verified in our sole discretion.
4. Features of the Business Account
There are a range of subscription packages available to Businesses, which are more particularly described on the Services. The features available to you may depend on your purchased subscription package and may include, permitting you to: (i) conduct marketing and promotional activities on the Application; (ii) receive insight reports on aggregate User activity and your Business performance; (iii) build a Business Profile; and (iv) obtain a verification badge certifying the completion of their verification process.
Additionally, Businesses with Businesses Accounts may be featured or selected by us to participate in various promotional activities. Promotional activities may include “top-ranked” and “best-of” lists, contests and featured advertising placements.
5. Profile Building Services
In addition to the subscription packages offered through the Services, Businesses may be permitted to purchase our profile page building services (the “Business Profile Services”). Our Business Profile Services may include social media and marketing services, managing Content on your Business Profile, and maintaining brand identity. The scope of services and specific deliverables will be confirmed in a written agreement with the Business and shall form a schedule to these Business Terms (“Schedule”). Each Schedule will more particularly outline the timing, delivery and aspects of the deliverables as well as the applicable fees not already included in our Fees.
We acknowledge that you will be the sole and exclusive owner of your Business Profile, and that no right or interest will be granted to us other than as set out in these Business Terms and the Schedule. However, in order for us to perform the Services, you grant us a non-exclusive, royalty-free, non-transferable, limited right to use your Business Profile and any related information, in order to provide the Business Profile Services contained in the respective Schedule.
6. Representations and Warranties
By accessing the Services and using your Business Account, you agree that:
you have the authority to act on behalf of the Business and legally bind any such Business;
your Business Account must use solely for business and commercial purposes; and
your Business complies with applicable laws, including applicable food safety laws and standards, and does not offer, advertise, sell or lease illegal products and/or services;
the trademarks, tradenames, copyright material used or provided by Businesses shall not infringe or otherwise violate the intellectual property right, rights of publicity, or other proprietary rights of any third party;
you are independent of Cravve and are solely responsible for fulfilling a request or purchase of an Offer made available by your Business;
you will use reasonable efforts to maintain the accuracy, availability, quality and pricing of any products or services posted by you on the Services and made available as an Offer;
you will use reasonable efforts to provide access or information requested by a third party in connection with an Offer; and
to the extent the Business has franchisees with a Business Account or who participate in the Services, Businesses will ensure that such franchisees will comply with, and be subject, to the applicable provisions of these Business Terms.
7. How you Cannot Use Your Business Account
In addition to the User Content Guidelines set out in our Terms, you also agree:
to refrain from impersonating others or providing inaccurate information;
not to attempt to create accounts or access or collect information in a manner that violates any of our policies, including our Terms and these Business Terms;
not to advertise or solicitate (like ‘spam’), including commercial advertising and informational announcements, except as explicitly authorized by Cravve;
not to attempt to buy, sell, or transfer any aspect of your Business Account (including your username) or solicit, collect, or use login credentials or badges of other Users;
not to pay or induce anyone to post, refrain from posting, or remove reviews on the Services; or
not to write reviews or vote on content for your Business or your Business’s competitors.
8. Prohibited and Restricted Content
Content on Cravve should accurately represent the Business. Where Content distorts truth, we will remove such Content. This includes reviews, photos, or videos not related to the Business to which it is tagged. If Content is inaccurately placed on the App, or is associated with an incorrect Business, the Content may be rejected or removed.
Reviews are automatically processed to detect inappropriate Content like fake reviews and spam. We may take down reviews that are flagged in order to comply our Cravve policies or legal obligations.
9. Flag and Fix Inappropriate Content
Content that violates our policies can be removed from the App. To either flag inappropriate content that you find on your Business Profile or fix your own Business content that's been flagged or removed, send an email with your request to our team at firstname.lastname@example.org.
Check the Terms before flagging content. Only flag content that violates Cravve policies. Do not flag content that you disagree with but is still factually accurate and relevant. Cravve does not get involved when Businesses and Users disagree about facts, since there is no reliable way to discern who is right about a particular User’s experience. It can take several days for your request to be assessed.