PLEASE READ THESE TERMS OF SERVICE CAREFULLY.
Welcome to E.A.T.M.E. (Elite Association for Tasty Mealtime Enterprises), an online association and website platform (operated by Whipped & Beaten Culinary Works, Inc. at shopeatme.com) that promotes the interests of culinary companies and brands. These Terms of Service/Use (“Terms”) are a contract between You ("You" or "User") and Whipped & Beaten Culinary Works, Inc. (“Whipped & Beaten,” “We,” or “Us”) and govern your use of the E.A.T.M.E. website platform and mobile application, our services ("Services" or “Whipped & Beaten Services”), Third-Party Products and Services featured on the E.A.T.M.E. platform, and content provided by Whipped & Beaten or by Third-Party Providers, globally, in existence now or in the future.
IF YOU DO NOT ACCEPT AND AGREE TO ALL OF THESE TERMS OF SERVICE, YOU ARE NOT AUTHORIZED TO USE THE E.A.T.M.E. PLATFORM.
Again, it is highly advisable that you carefully read this agreement before You use the E.A.T.M.E. platform. By using the E.A.T.M.E. platform and services therein, You agree to be bound by everything in these Terms. These terms are a binding agreement.
About the E.A.T.M.E. platform
The E.A.T.M.E. platform is an online association of and for third-party culinary companies/brands and third-party vendors ("Third-Party Providers") to advertise and market their products and services ("Third-Party Products and Services") on the platform (at shopeatme.com). As a User, You can view and purchase Third-Party Products and Services from the E.A.T.M.E. platform. All products or services sold to You through the E.A.T.M.E. platform are owned, manufactured or provided by third-party companies/entities/vendors not by Whipped & Beaten.
No children please
Whipped & Beaten is only for people 13 years old and over. If You’re under 13, We’re sorry, but You’re not allowed here. If we learn a child under 13 is using the E.A.T.M.E. platform we will terminate the child’s account.
You own the rights to the content You post on the E.A.T.M.E. platform. However, by posting or transferring content to the E.A.T.M.E. platform, You give us permission (You give us a nonexclusive, royalty-free license) to use your content solely to do the things we need to do to provide our services, including, without limitation, hosting, encoding, storing, adapting, displaying, reproducing, and distributing your content. This may include promoting your content with partner companies or services for broader broadcast, distribution, or publication.
We will never sell your content to third parties without your explicit permission.
By publishing on the E.A.T.M.E. platform, You agree to allow others to view your content.
We don’t pre-screen user content, but we have the right (though no obligation) to refuse or remove any content You post or transfer to the E.A.T.M.E. platform for any reason.
You are free to delete your content from the E.A.T.M.E. platform at any time, though there may be a delay in removing it from public view due to operational requirements. We retain, but do not publicly display, backup copies of your deleted content on our servers for 30 days after You delete your account. If You delete your account or content, it may be permanently unrecoverable.
You are solely responsible for the content you submit to the E.A.T.M.E. platform and assume all risks associated with it, including anyone else’s reliance on its accuracy, or claims relating to intellectual property or other legal rights. Do not post content that is misleading, libelous, threatening, in violation of the rights of others (including copyright, trademark) , or unlawful. By posting, You represent that you own or have the necessary rights to post the content on the E.A.T.M.E. platform, and that doing so doesn’t conflict with any other licenses You’ve granted. So, in short, only post your own content.
In no event shall Whipped & Beaten, its directors, officers, managers, employees, agents, licensors or third party site providers be liable for any content You post or exchange on the E.A.T.M.E. platform.
Aside: We get a lot of questions about whether you can post content You own on the E.A.T.M.E. platform if You’ve already posted it elsewhere, like on your blog. The answer is yes. If You own the content, You’re welcome to copy it from other places and publish it on the E.A.T.M.E. platform (and vice versa) as long as You didn’t give exclusive rights to other platforms or publishers.
The look and feel of the E.A.T.M.E. platform, information, material and content on the E.A.T.M.E. platform that makes up the site, illustrations, designs, trademarks, E.A.T.M.E. trademark, logos, software, software codes, source codes and other content ("Site Content") is protected by copyright, all rights reserved, trademark and other intellectual property rights. All such Site Content and compilation of is the exclusive property of Whipped & Beaten or the third party accredited as the owner or provider of the content. You may not duplicate, copy, modify, distribute, publish, or reuse any portion of the Site Content in any manner, or distribute or otherwise use it for public or commercial purpose without express written permission from Whipped & Beaten. Feel free to share our content on social media, but don’t use any of it as your own. And absolutely do not use Site Content to infringe our copyright, trademark or other intellectual property rights or that of our licensors. And absolutely do not use Site Content to defame, disparage or discredit Whipped & Beaten or its licensors or users, or in any way that is threatening, abusive or damages our reputation.
The trademarks, the E.A.T.M.E. trademark, service marks, brands, names, logos and designs (collectively the “Trademarks”) of Whipped & Beaten or others displayed on the site or in connection with Whipped & Beaten Services are the property of Whipped & Beaten or their respective owners. You may not use any Trademarks displayed on the site or in connection with Whipped & Beaten Services without the express prior written permission of Whipped & Beaten or the respective owner, and nothing contained on this site grants by implication, waiver, estoppel or otherwise, any right to use such Trademarks.
We may modify these Terms at any time
We can change these Terms at any time. If the changes are material, We’ll let You know by email or posting a notice on the E.A.T.M.E. platform before the changes go into effect. The notice will designate a reasonable amount of time (the “Notice Period”) after which the new terms will go into effect for all users. If You don’t agree to the new terms, please delete your account within the Notice Period. If You do not delete your account within the Notice Period, your content and use of the site will be subject to the new terms going forward.
We may modify our Services at any time
We do our best to provide you a reliable and evolving service, but We may change, terminate, or restrict access to any aspect of our services, at any time, without notice.
Security and General Use
We take security very seriously. As such, You are prohibited from interfering in any way with our services. You may not destroy or degrade the performance of our products and Services. You may not damage or disable the site by introducing viruses, worms, malware or other technologically harmful, corrupted data or malicious software to the site or server.
You may not take any action to circumvent the security and access control provisions of the site. You may not log into another user's account, misuse passwords, access another user's data or personally identifiable information, or violate the privacy and integrity of user accounts and data. You may not access the site's server or any server, computer or database connected to the site. You may not modify, decipher, disassemble, or reverse engineer any of the software comprising of or in any way making up the site.
We reserve the right, in our sole discretion, to immediately revoke your account and/or seek all other legal remedies available if We become aware of any of the foregoing activities. Whipped & Beaten may investigate and when appropriate, may work with law enforcement authorities in such investigations to prosecute offenders. To report a security vulnerability, please email us at info@shopEATME.com.
Third-party account use for sign-ins/Links to other sites
Because the E.A.T.M.E. platform is shared space, We need to have a few ground rules.
Here's an illustrative list of our rules below. Failure to comply with them may result in us taking action such as removing content, or suspending or deleting your account.
You agree to use the E.A.T.M.E. site/platform and services consistent with all applicable laws and regulations. Whipped & Beaten may discontinue your access to the site/E.A.T.M.E. platform without notice or liability, or suspend or terminate your account/membership for any violation of these Terms, or any violating or illegal use of the services or site/E.A.T.M.E. platform that We, at our sole discretion, deem improper.
DMCA copyright policy
Whipped & Beaten respects the copyright interests of others. However, User content and third party content is not within our control and We do not assume any obligation to monitor or scan User content or third-party content. Whipped & Beaten deals with copyright infringement on the E.A.T.M.E. platform in accordance with the Digital Millennium Copyright Act. We have a policy of terminating repeat copyright infringers in appropriate circumstances.
If You or anyone believe that copyrighted work has been uploaded, posted or copied to the our site and is accessible on it in a way that constitutes copyright infringement, please notify and provide the following information, in writing, to our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. §512(c)(2), named below:
The contact information for Whipped & Beaten’s Designated Agent for receipt of notices of claimed infringement is here: Whipped & Beaten Culinary Works, Attn: Copyright Agent, 651 W. Sheridan Rd., Suite 7D, Chicago IL, 60613 or alternatively write to us with “Attn. Copyright Agent in the subject line to info@shopEATME.com.
Listen, We know there is a lot here, but make sure You continue to read the next section because it’s very important.
Please read these carefully.
1. DISCLAIMER. YOU USE THE WHIPPED & BEATEN SERVICES AT YOUR OWN RISK. THE SITE/E.A.T.M.E. PLATFORM AND OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, "WITH ALL FAULTS," AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
2. DISCLAIMER OF WARRANTIES. WHIPPED & BEATEN AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, SUCCESSORS, AGENTS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO WHIPPED & BEATEN SERVICES, THE E.A.T.M.E. PLATFORM, OR THIRD-PARTY PRODUCTS AND SERVICES SOLD ON THE E.A.T.M.E. PLATFORM. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (1) WHIPPED & BEATEN SERVICES, THE PLATFORM, OR THIRD-PARTY PRODUCTS AND SERVICES SOLD ON THE E.A.T.M.E. PLATFORM WILL MEET YOUR SPECIFIC REQUIREMENTS, (2) WHIPPED & BEATEN SERVICES, THE E.A.T.M.E. PLATFORM WILL BE UNINTERRUPTED, TIMELY, ABSOLUTELY SECURE, OR ERROR-FREE, (3) THIRD-PARTY PRODUCTS AND SERVICES OR ANY PRODUCTS PURCHASED OR OBTAINED BY YOU THROUGH THE SITE/E.A.T.M.E. PLATFORM ARE OR WILL BE FREE FROM DEFECTS OR DAMAGE, OR WILL BE FREE FROM CAUSING BODILY INJURY (4) WHIPPED & BEATEN SERVICES, THE QUALITY OF ANY THIRD-PARTY PRODUCTS AND SERVICES INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE/E.A.T.M.E. PLATFORM WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS, OR (5) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE/PLATFORM OR WHIPPED & BEATEN SERVICES WILL BE ACCURATE OR RELIABLE, (6) THE SITE CONTENT WILL BE ACCURATE, USEFUL OR SECURE, (7) ANY ERRORS IN THE WHIPPED & BEATEN SERVICES WILL BE CORRECTED, (8) THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
3. DISCLAIMER OF THIRD-PARTY PRODUCTS AND SERVICES. WHIPPED & BEATEN ABSOLUTELY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THIRD-PARTY PRODUCTS AND SERVICES PROMOTED, DISPLAYED OR ADVERTISED ON THE E.A.T.M.E. PLATFORM, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF FITNESS AND MERCHANTABILITY. WHIPPED & BEATEN MAKES NO WARRANTIES THAT THIRD-PARTY PRODUCTS AND SERVICES ARE OR WILL BE FREE FROM DEFECTS, DAMAGE, MISTAKES OR ERRORS, OR THAT THIRD-PARTY PRODUCTS AND SERVICES WILL BE FREE FROM CAUSING BODILY INJURY. WHIPPED & BEATEN MAKES NO WARRANTIES THAT THE USE OR QUALITY OF THIRD-PARTY PRODUCTS AND SERVICES WILL MEET CONSUMER/CUSTOMER EXPECTATIONS. YOU ARE SOLELY LIABLE FOR DEFECTIVE PRODUCTS AND GOODS DISPLAYED/ADVERTISED/SOLD ON THE E.A.T.M.E. PLATFORM AND YOUR SOLE RECOURSE AND REMEDY FOR DEFECTIVE OR DAMAGED PRODUCTS AND GOODS IS FROM AND THROUGH THIRD-PARTY PROVIDERS.
4. LIMITATION OF LIABILITY. YOU UNDERSTAND AND EXPRESSLY AGREE THAT WHIPPED & BEATEN AND ANY OF ITS DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, PARTNERS, AGENTS, LICENSORS, SUCCESSORS, THIRD PARTY PROVIDERS OR AFFILIATES SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, ECONOMIC, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WHIPPED & BEATEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER THEORY RESULTING FROM OR RELATING TO: (1) THE USE OR THE INABILITY TO USE THE SERVICES OR E.A.T.M.E. PLATFORM, OR PRODUCTS PROVIDED BY THIRD-PARTIES, BY MEMBERS OF THE E.A.T.M.E. PLATFORM OR ANY PRODUCTS PURCHASED OR OBTAINED BY YOU THROUGH THE SITE/E.A.T.M.E. PLATFORM; (2) THE RESULTS OF YOUR USE OF THE SITE AND/OR ITS SERVICES, OR PRODUCTS PROVIDED BY THIRD-PARTIES, BY MEMBERS OF THE E.A.T.M.E. PLATFORM OR ANY PRODUCTS PURCHASED OR OBTAINED BY YOU THROUGH THE SITE/E.A.T.M.E. PLATFORM; (3) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS/GOODS AND SERVICES RESULTING FROM ANY PRODUCTS/GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES OR E.A.T.M.E. PLATFORM; (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (5) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; (6) OR ANY OTHER MATTER RELATING TO THE E.A.T.M.E. SITE/PLATFORM, THESE TERMS OR APPLICABLE ADDITIONAL TERMS.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE/E.A.T.M.E. PLATFORM, INCLUDING WITHOUT LIMITATION THE SITE CONTENT, IS TO STOP USING THE SITE/ E.A.T.M.E. PLATFORM. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES, PRODUCTS, INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR ANY LINKS ON THE SITE/PLATFORM. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY USER CONTENT OR CONTENT POSTED BY A THIRD-PARTY, OR THE CONDUCT OF A USER OR THIRD-PARTY ON THE SITE/E.A.T.M.E. PLATFORM.
YOUR SOLE REMEDY FOR DISSATISFACTION OF, ILLNESS, INJURY, DAMAGE OR DEATH FROM THIRD-PARTY PRODUCTS AND SERVICES OR ANY PRODUCTS PURCHASED OR OBTAINED BY YOU THROUGH THE SITE/E.A.T.M.E. PLATFORM IS FROM/THROUGH THE THIRD-PARTY PROVIDER OR PRODUCT OWNER/MANUFACTURER AND IN NO WAY FROM WHIPPED & BEATEN.
4. INDEMNIFICATION. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS WHIPPED & BEATEN AND ITS AFFILIATES, REPRESENTATIVES, PARENTS, SUBSIDIARIES, PARTNERS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, AGENTS, SUCCESSOR, THIRD PARTY PROVIDERS AND AFFILIATES FROM AND AGAINST ANY AND ALL LIABILITIES, LOSS, CLAIMS, DEMANDS, COSTS AND EXPENSES, INCLUDING ATTORNEYS’ FEES AND COSTS, MADE BY ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE/ E.A.T.M.E. PLATFORM AND/OR SERVICES OR BREACH/VIOLATION OF THESE TERMS AND APPLICABLE ADDITIONAL TERMS.
We’d love to hear your questions, concerns, and feedback about our E.A.T.M.E. Platform.
If you have any suggestions for us, feel free to let us know at info@shopEATME.com