Terms of Service | User Agreement at Hint-it

1. Description

The Service is an interactive platform for food and beverage experts ("Experts") to share their favorite dishes and restaurants, learn more about food and beverage from our articles and videos, and for hungry people to find good food to eat. The Service also offers an online marketplace that allows Expert cooks, restaurants and other food and beverage event promoters ("Hosts") to offer meals or other food events ("Experiences" or "Events") to registered users of our Service who are interested in attending Experiences ("Guests"). Experts, Guests and other registered users who have an account for the Service may upload photos and comments from their dining experiences. Experts also have access to Expert-only features including posting information about or recommending dishes, drinks, and restaurants, the ability to host Experiences, and registering interest in our brand offer marketplace.

2. Eligibility

You must be 18 years of age or older to use the Service. You represent and warrant that any profile information you submit is true and accurate and that you are 18 years of age or older and are legally competent to enter into and abide by these Terms. The Service is not intended for those under the age of 18. Use of the Service is void where prohibited.

3. Account

You may browse the Website without creating an account, subject to these Terms. In order to use the full features of the Service you must register for a Hint It account. You can also take the Service with you by registering for an account and downloading our Mobile App from us or a third party distributor like the Apple App Store or Google Play ("App Distributor"). Your use of any account with an App Distributor is subject to any terms, conditions, and policies, including privacy policies, of that App Distributor.

When registering for a Hint It account, you must provide accurate and complete information and promptly update this information to keep it current. If you provide any information that is inaccurate or incomplete, or we have reason to believe that the information is inaccurate or incomplete, we may suspend or terminate your account and your use of the Service.

You may not have more than one (1) active Hint It Account. If we believe you have multiple accounts, we reserve the right to terminate any one or more of such accounts.

You are solely responsible for: (a) maintaining the security of any logins, passwords, or other credentials that you select or that we provide to you to access your Hint It account; and (b) all activities that occur through your account, whether or not you have authorized them. Please notify us immediately of any unauthorized use of your account or any other breach of security by sending an email to support@hint.it.

4. License to the Service

Subject to your compliance with these Terms, Hint It grants you a personal, non-exclusive, non-assignable, non-transferable, revocable license to access and use the Service, including downloading and installing the Mobile App on the mobile device for which the Mobile App was created, for personal use only. This limited license does not include any right to modify, distribute, prepare derivative works of, or grant sub-licenses to use the Mobile App. Furthermore, in order to protect the trade secrets and proprietary know-how contained in the Mobile App, you may not de-compile, disassemble, or reverse engineer the Mobile App.

5. Restrictions

You must comply with all applicable laws when using the Service. Except as may be expressly permitted by applicable law or expressly enabled by a feature of the Service, you will not, and will not permit anyone else to: (a) store, copy, modify, or distribute any of the content made available on the Service; (b) compile or collect any content available on the Service as part of a database or other work; (c) use any automated tool (e.g., robots, spiders) or manual process to monitor, store, copy, scrape, modify, distribute, or resell any content from the Service; (d) frame or otherwise incorporate the Service or any portion of the Service as part of another website or service; (e) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of the Service (including the display of third party advertising); (f) circumvent or disable any digital rights management, usage rules, or other security features of the Service; (g) use the Service in a manner that threatens the integrity, performance, or availability of the Service; (h) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Service or any content available from the Service; or (i) include any personal or identifying information about another person in your User Content (defined below) or in any communication through the Service without that person’s explicit consent.

6. Fees for Other Portions of the Service

Many portions of the Service are provided to you for free, but Hint It reserves the right to implement fees for any portion of the Service at any time by providing you notice. You are responsible for all fees charged by third parties to access and use the Service (e.g., charges by ISPs or mobile carriers).

7. User Content

In connection with registration for a Hint It account, users may upload or otherwise provide photos or other materials or information to the Service ("User Content"). You agree that you have not uploaded, and will not upload, User Content to the Service unless you created that content yourself, or you have permission from the copyright owner to do so.

Communications in chat areas, forums, bulletin boards, communities, groups, or other public or common areas of the Service are not private communications. You should use caution when submitting any User Content that contains your personal information to a public or common area of the Service.

For any User Content that you upload to the Service, you grant us and our subsidiaries, affiliates, and successors: (a) a worldwide, non-exclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, prepare derivative works of, distribute, publicly perform, and publicly display that User Content throughout the world in any media in connection with the Service and Hint It’s business, including without limitation for promoting the Service; and (b) the right to use the name and user profile photo (your likeness) that you submit in connection with your Hint It account, if we choose. You retain all rights in your User Content, subject to the rights granted to Hint It in these Terms. You may modify or remove your User Content via the means we provide to you, but Hint It may, in accordance with our Privacy Policy, retain in its systems and use non-personally identifiable data that is derived from your User Content.

You agree not to upload to the Service or otherwise post, transmit, distribute, or disseminate through the Service any material that: (i) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, inflammatory, or abusive; (ii) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (iii) breaches any duty toward or rights of any person or entity, including rights of publicity or privacy; (iv) contains corrupted data or any other harmful, disruptive, or destructive files; (v) advertises products or services competitive with Hint It’s or its partners’ products and services, as determined by Hint It in its sole discretion; or (vi) in Hint It’s sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Service, or which may expose Hint It, its affiliates, or users to harm or liability of any nature.

Although Hint It has no obligation to screen, edit, or monitor any User Content, Hint It reserves the right, and has absolute discretion, to remove, screen, edit, or disable any User Content at any time and for any reason without notice. You understand that by using the Service, you may be exposed to User Content that is offensive, indecent, objectionable, or inaccurate. We take no responsibility and assume no liability for any User Content, including any loss or damage to any of your User Content.

8. Publicity Release

If you are photographed, filmed or recorded by Hint It or its agents in connection with your participation in Hint It product research or promotion (a "Recording"), then by using the Service, which you acknowledge is sufficient consideration, you hereby grant Hint It and its successors perpetual, irrevocable, worldwide, royalty-free, fully-paid permission to use, copy, and display the Recording in any form of media and by any means: (a) as part of or in connection with Hint It products or services, including Hint It research and development; (b) as part of or in connection with the sale, promotion, or advertising of Hint It products or services; and (c) any other lawful purpose whatsoever; in each case, alone or in combination with other materials. You agree that all right, title, and interest, including copyright, in the Recording and any materials produced by Hint It using the Recording (including your name and likeness), are owned exclusively by Hint It, and that nothing in this "General Release" paragraph will constitute any Hint It obligation to make use of the rights granted by you in this paragraph. You also agree that the rights granted by you to Hint It in this paragraph do not conflict with any of your existing commitments. You hereby: (i) waive any right to inspect or approve any works that may be created with or from the Recording; (ii) waive any and all moral rights you may have in the Recording; and (iii) release Hint It, its agents, employees, licensees, partners, successors, and assigns from any and all claims I may have now or in the future, whether known or unknown, for invasion of privacy, right of publicity, trademark infringement, copyright infringement, defamation, or any other cause of action arising out of the product research study, the filming, use, reproduction, adaptation, distribution, broadcast, performance, or display of the Recording.

9. Licensed Content

Content on the Service, including User Content provided by other users, has been licensed to Hint It in accordance with various licensing agreements between Hint It and the persons or entities who own the rights to that content ("Licensed Content"). Licensed Content is protected by intellectual property laws.

Any opinion, advice, statement, service, offer, or other information that constitutes part of the Licensed Content expressed or made available via the Service are those of the respective authors or producers and not of Hint It or its directors, officers, employees, agents, representatives, partners, or affiliates. Under no circumstances will Hint It or its directors, officers, employees, agents, representatives, partners, or affiliates be held liable for any loss or damage caused by your reliance on any information obtained through the Service. It is your responsibility to evaluate the information, opinions, advice, or other content available on the Service and to seek qualified professional assistance as applicable.

10. Copyright Infringement

Hint It respects the intellectual property rights of others, and asks you to do the same. It is Hint It’s policy to terminate the access privileges of those who repeatedly infringe the copyright rights of others. If you believe that your work has been posted on the Service in a way that constitutes copyright infringement, please contact Hint It’s copyright agent at the address below and provide the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) a description of the copyright-protected work that you claim has been infringed; (c) the location on the Service of the material that you claim is infringing; (d) your address, telephone number, and email address; (e) a statement by you regarding your good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. By submitting a copyright infringement notice, you acknowledge and agree that Hint It or its copyright agent may forward the information you provide in this notice to the person who uploaded the allegedly infringing material.

You may write to Hint It’s designated agent for notice of copyright infringement at:
Hint It, inc.
Attn: Copyright Agent
4605 Tutu Park Mall Suite 133-106
St Thomas, VI 00802

If you believe that your removed or disabled User Content is not infringing, or that you have the authorization or right to post and use that User Content from the copyright owner, the copyright owner's agent, or pursuant to law, you may send a counter-notice containing the information required by Section 512(g)(3) of the Digital Millennium Copyright Act (17 USC § 512(g)(3)). Hint It or its copyright agent will forward your counter-notification to the party who submitted the original copyright infringement claim. If the original claimant does not file an action seeking a court order to restrain you from engaging in infringing activity related to the removed or disabled User Content within 10 business days of receiving the counter-notice from Hint It, then Hint It may, in its sole discretion, reinstate the removed or disabled material.

11. Ownership; Trademarks

We, our affiliates, and our suppliers and licensors own all right, title, and interest, including all intellectual property rights, in and to the Service. Except for those rights expressly granted in these Terms, no other rights are granted, either express or implied, to you.

Hint It is trademark of Hint It, inc. Other product, brand, and company names and logos used on the Service are the trademarks or registered trademarks of their respective owners. Any use of any of the marks appearing on the Service without the prior written consent of Hint It or the owner of the mark, as appropriate, is strictly prohibited.

12. Modifications to the Service

Hint It reserves the right to modify or discontinue, temporarily or permanently, all or a part of the Service without notice. Hint It will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

13. Privacy

Hint It collects registration and other information about you through the Service. Our collection, use, and disclosure of this information is described in the Hint It Privacy Policy, which is incorporated into these Terms.

14. Feedback

If you provide feedback to Hint It regarding the Service ("Feedback"), you acknowledge that the Feedback is not confidential and you authorize Hint It to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to Hint It a nonexclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully sublicensable right to use the Feedback in any manner and for any purpose.

15. Changes to Terms

We reserve the right to modify these Terms from time to time. If we modify these Terms, we will indicate that we have done so on the Website at https://www.hint.it/ or otherwise provide you notice. It is your responsibility to review these Terms regularly. Use of the Service after the effective date of a modification constitutes your acceptance of any modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Website, Mobile App and Service.

16. Termination

You may terminate your use of the Service at any time by terminating your account and deleting the Mobile App from your mobile device. Termination of your account is your sole right and remedy with respect to any dispute with Hint It regarding the Service or these Terms. Hint It may suspend or terminate your access to the Service at any time, for any reason. If Hint It suspects that you have violated any provision of these Terms, Hint It may also seek any other available legal remedy. Your rights under these Terms will terminate automatically if you fail to comply with any of these Terms. Upon termination, you must destroy or delete any copy of the Mobile App in your possession.

You remain solely liable for all obligations related to use of the Service, even after you have stopped using the Service. Neither Hint It nor any of its licensors, suppliers, or publishers is liable to you or to any third party for any loss caused by any termination of the Service or termination of your access to the Service.

17. Third-Party Content

We may email or provide you coupons, offers, and other specials from third parties (collectively "Promotions"). Hint It is not responsible for the redemption, errors, omissions, or expiration of Promotions. All Promotions featured as a part of the Service are subject to change without notice and we have no control over their legality or the ability of any merchant to complete the Promotion (including the sale in accordance with the offer).

The Service may contain links to web pages and content of third parties ("Third-Party Content") as a service to those interested in this information. We do not monitor, endorse, or adopt, or have any control over, any Third-Party Content. We undertake no responsibility to update or review any Third-Party Content and can make no guarantee as to its accuracy or completeness.

Additionally, if you follow a link or otherwise navigate away from the Service, please be aware that these Terms will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Content provider to which you navigate from the Service. You access and use Third-Party Content at your own risk.

The Service may contain advertisements and promotions from third parties. Your business dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party.

18. Special Terms Regarding Apple

If you download the Mobile App from Apple, LLC’s App Store: (a) your use of the Mobile App must at all times be in accordance with the Usage Rules set forth in the Apple, LLC App Store Terms of Service; and (b) you acknowledge that these Terms are entered into solely between you and Hint It. These Terms are not intended to provide for usage rules for the Mobile App that are less restrictive than the Usage Rules set forth for Licensed Applications in, or otherwise conflict with, the App Store Terms of Service as of the date that you accept the App Store Terms of Service (which you acknowledge you have had the opportunity to review). You also acknowledge and agree that:

in the event of any third party claim that your possession or use of the Mobile App infringes any third party’s intellectual property rights, Hint It is solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim;

- Apple has no responsibility for addressing any claims relating to the Mobile App, including but not limited to: (a) product liability claims; (b) maintenance and support; (c) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; and (d) any claim arising under consumer protection or similar legislation; and

- Apple and its subsidiaries are intended third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple and its subsidiaries will have the right (and will be deemed to have accepted the right) to enforce these Terms against you.

19. Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HINT IT, ITS AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Hint It DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICE OR THAT ANY DATA SENT BY OR TO YOU WILL BE ACCURATE, COMPLETE, TRANSMITTED IN UNCORRUPTED FORM, OR TRANSMITTED WITHIN A REASONABLE AMOUNT OF TIME. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DELAY OR LOSS OF ANY KIND THAT RESULTS FROM YOUR ACCESS OR USE OF THE SERVICE, INCLUDING LOSS OF ANY DATA OR HARM TO YOUR MOBILE DEVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Hint It, THROUGH OR FROM THE SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

20. Limitation of Liability

NEITHER HINT IT NOR ITS AFFILIATES, LICENSORS, SUPPLIERS, OR DISTRIBUTORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES EVEN IF ADVISED OF THE POSSIBILITY OF THESE DAMAGES, RESULTING FROM YOUR ACCESS OR USE OF THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THESE TERMS, THE MAXIMUM TOTAL LIABILITY OF HINT IT, ITS AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS TO YOU FOR ANY CLAIM RELATED TO THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE OR $10. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

21. Indemnity

You will defend, indemnify, and hold Hint It, its affiliates, directors, officers, agents, employees, licensors, suppliers, distributors (including App Distributors) harmless from any costs, damages, expenses, and liability caused by your use of the Service, your violation of these Terms, or your violation of any rights of a third party through use of the Service.

22. Assignment

These Terms, and any rights or licenses granted under these Terms, may not be transferred or assigned by you, but may be assigned by Hint It without restriction. Any assignment attempted in violation of these Terms is void.

23. Governing Law; Venue

These Terms will be governed by and construed in accordance with the laws of the State of Delaware, excluding its conflict of law provisions. You agree that any judicial proceedings will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state and federal courts in Wilmington, Delaware.

24. Claims

YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, THAT CAUSE OF ACTION IS PERMANENTLY BARRED.

25. Waiver and Severability of Terms

The failure of Hint It to exercise or enforce any right or provision of these Terms will not constitute a waiver of that right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Hint It. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

26. Consent to Electronic Communications

By using the Service, you consent to receiving electronic communications from us. These communications may include notices about your account and information concerning or related to the Service. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

You are solely responsible for all fees charged by your telecommunications service provider or any other service provider related to your download of the Mobile App or use of the Service, including without limitation any SMS / text messaging fees, data charges, and other fees.

TERMS OF USE