(the “Terms of Use”)
By accessing https://girlheartfood.com (the “Website”) you, the user, agree to be legally bound by the following Terms of Use and you agree that you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use. Information, graphics, materials, videos, software or services accessible through the Website including, without limitation, recipes and photos, are referred to in these Terms of Use as the “Content”. Girl Heart Food Inc. (“GHF”, “we”, “us”, or “our”) may change these Terms of Use from time to time without notice. By accessing and using the Website or Content, you agree to be bound by the then current version of the Terms of Use posted on the Website. You should periodically review the current Terms of Use. If you do not agree with any amendments to these Terms of Use, you should cease accessing or using the Website or Content.
Privacy
Through your use of the Website, we may collect, store and/or use certain types of personal information about you. Our Privacy Policy governs the types of information we collect, the purposes for which we collect such information, and our policies and procedures with respect to our protection and use of that information.
Permitted Users
This Website is meant for users over 18 years of age. By using this Website, you represent and warrant that you meet this eligibility requirement. If you do not meet this requirement, you must not access or use the Website or Content.
License
We grant you a revocable, non-transferable, non-exclusive and limited license, without right to sub-license, to access and use the Website and the Content for personal purposes strictly in accordance with these Terms of Use (the “License”). Commercial use is strictly prohibited without our prior written consent. In addition, you may not, and shall not permit others, to directly or indirectly:
(a) remove any copyright, trademark or other proprietary notices from any portion of the Website or Content;
(b) access, download, modify, reproduce, copy, republish, distribute, transmit, broadcast, mirror, sell, resell, transfer, license, lease, publicly display, publicly perform, transmit, stream, broadcast, create derivative works from, or otherwise exploit the Website or Content for any purpose not expressly permitted by these Terms of Use;
(c) decompile, reverse-engineer or disassemble the Website or Content (except as and only to the extent that the foregoing restriction is expressly prohibited by applicable law);
(d) link to, mirror or frame any portion of the Website or Content;
(e) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Website or Content, unduly burdening or hindering the operation and/or functionality of any aspect of the Website or Content;
(f) attempt to gain unauthorized access to or impair any aspect of the Website or Content or its related systems or networks;
(g) access or use Content except through the Website and pursuant to the License;
(h) use Content to infringe the intellectual property rights of others, including GHF, in any way;
(i) use Content in order to obtain personal information of any third party without their consent;
(j) attempt to access information that is not otherwise deliberately made available to you as Content; or
(k) retain any information or material downloaded, copied, or printed from the Content for longer than thirty (30) days.
User-Submitted Content
We may allow you to provide feedback, survey responses, comments or other material or information (collectively, “User Content”). You agree that any User Content that you provide will not infringe the intellectual property rights or other rights of third parties and will not be, as determined by us in our sole discretion, inappropriate, spam or contain promotional links, illegal, fraudulent, profane, pornographic, threatening, harassing, hateful, defamatory, or otherwise injurious to third parties. At our sole discretion and without explanation to you, we reserve the right to not publish or delete User Content.
By submitting User Content, you grant us a world-wide, royalty-free, perpetual, irrevocable and fully assignable and sub-licensable right to use, copy, modify, adapt, edit, publish, translate, distribute and display such User Content without attribution.
Any feedback, comments or other material or information made on this Website by users or third parties are not that of GHF. GHF takes no responsibility and assumes no liability for any User Content.
Notwithstanding GHF’s rights under the Terms of Use, GHF does not undertake to monitor the submission of all User Content to, or the publication of such User Content on, the Website.
Nutritional Information Disclosure
Content, including recipes and blog posts, is provided for general informational purposes only. Content may include User Content and content provided by third-party data providers or third-party service providers. The Content is not designed to, and does not, provide medical or nutritional advice. You rely on any Content at your own risk.
GHF is not a professional cook, chef, baker, dietitian, nutritionist or medical expert and do not offer any professional medical or nutritional advice. The recipes and any information on this Website should be taken as a guideline only and your best judgement should be used to ensure the food is safely prepared and a good fit for your diet. Please consult a medical professional if you are unsure.
This Website occasionally offers nutritional information for recipes contained on this Website. This information is provided as a courtesy and should be considered an estimate and not be construed as a guarantee of its validity. This information is calculated by WP Recipe Maker plugin (and/or other third-party sources) based upon the individual ingredients in each recipe. Varying factors, such as product types/brands used, the ingredients themselves, and the way ingredients are processed, may change the nutritional information in any given recipe.
Nutrition labels, such as “vegan”, “vegetarian”, “meatless”, “gluten free”, “dairy free”, “low carb”, “low fat”, “low calorie”, “low sodium” and so forth are provided as a convenience to you and have not been verified by a professional. You should always review the ingredient list on your own, or with a medical professional, if you have specific dietary needs.
Disclaimer of Warrants
All Content, information, material and software algorithms contained on the Website, or which may be downloaded from the Website, including text, videos, graphics and hyperlinks, are provided “as is” and “as available” with all faults and without warranty of any kind. The information and material on the Website is not represented as constituting or replacing professional, including without limitation medical or nutritional, advice. Your use of the Content and the Website is at your own risk. GHF specifically disclaims all representations, warranties and conditions with respect to the Content and the Website, either express, implied, or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, and of non-infringement of third-party rights. No oral or written information or advice given by us or our authorized representatives shall create a warranty.
Limitation of Liability
To the extent not prohibited by law, in no event will GHF be liable for personal injury, damage to property, or any incidental, special, indirect, exemplary, punitive, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use of or inability to use the Website or the Content, including any software or hyperlinked third-party websites, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if we have been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00), the foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
Links to Third Party Websites
Use of third-party websites is at the user’s own risk. GHF is not responsible for the content of any linked third-party website connected to the Website, including embedded content on the Website from third-party websites. Such links are provided as a convenience to the user of the Website, but the inclusion of any link does not imply any endorsement, investigation, monitoring or verification by GHF of the linked website or any information or opinions contained in it. These third-party websites may contain separate terms and conditions related to the user’s access and use of those websites. These websites will be governed by their own terms and conditions, as applicable. Your access and use of these websites is subject to the disclaimers from warranties and the limitations of liability set out in these Terms of Use.
Indemnity
You agree to defend, indemnify and hold GHF and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Website or Content; (ii) your breach or violation of any of these Terms of Use; (iii) GHF’s use of your User Content; or (iv) your violation of the rights of any third party.
Artificial Intelligence
GHF does not consent to the use of any portion of this Website, or the Content being used in any format, in whole or in part, for the development, training, or operating artificial intelligence or other machine learning systems, unless authorized by GHF through a separate agreement. Any unauthorized use of the Content or Website in violation of this prohibition will be considered a breach of these Terms of Use and may be a breach of our rights under copyright laws.
Intellectual Property
All intellectual property rights in the Website and Content shall remain with us and, where applicable, our licensors. You acknowledge such intellectual property rights and will not take any action to infringe on such rights. The Website and the Content is protected by copyright, trademark, patent and other intellectual property rights and laws. Except as expressly granted by the License, any use of the intellectual property embodied in the Website or Content is prohibited without our express prior written consent.
All material found in the pages of the Website is protected under national and international copyright laws including photographs, videos, graphics, images, text and links to files in portable document format (.pdf). All copyrights are owned by GHF or the original creator of the material. However, you are free to view, copy, print and distribute GHF’s material from the Website, provided:
(a) the material is for your information only;
(b) the material is stored temporarily on a single computer;
(c) the material is printed solely for your own personal purposes;
(d) the material is used for non-commercial purposes;
(e) copies of any material include GFH’s copyright notice; and
(f) you agree that you do not own or acquire any ownership rights in any downloaded or copied material.
Additionally, a limited exception to the foregoing is we permit users to use one recipe photo from the Website for the purposes of including it in a round-up style post on their blog or website, provided that a link to the original Content on the GHF Website, photo credit to us and GHF’s copyright notice are included with the photo in the round-up style post.
From time to time, the Website will utilize various plugins or widgets to allow sharing of content via social media channels, email, or other methods. Use of these plugins or widgets does not constitute any waiver of GHF’s intellectual property rights. Such use is a limited license to republish the content on the approved social medial channels only, with full credit to GHF.
All names, words, titles, phrases, logos, icons, graphics or design, in particular the name “GIRL HEART FOOD”, the Girl Heart Food logo, and “EAT WELL. COOK WITH LOVE. MAKE YOUR BELLY HAPPY.” are trademarks or trade names of GHF. You may not use these or any other trademark of GHF without prior written permission from GHF. All other trademarks, trade names or service marks on this Website are the property of their respective owners. Any unauthorized downloading, transmission, republication or other copying or modification of material posted on the Website, including trademarks, trade names and service marks, may violate federal, common or civil law and may result in legal action.
Intellectual Property Infringement
GHF respects the intellectual property of others. If you believe in good faith that any Content on the Website infringes upon your intellectual property rights, please send the following to us at [email protected]:
(a) identification of the work(s) claimed to have been infringed;
(b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(c) your mailing address, telephone number and email address;
(d) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property rights owner, its agent, or the law;
(e) a statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the intellectual property rights owner or are authorized to act on the copyright owner’s behalf; and
(f) a physical or electronic signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest.
Sponsored Posts
From time to time, GHF may be compensated by brands or companies to feature their products in blog posts. The relationship will always be disclosed up-front within the blog post. All sponsored content is disclosed in accordance with Canadian consumer protection laws and consistent with industry standards globally.
These sponsored posts may utilize tracking pixels (web beacons). The pixel is embedded in the sponsored post and allows us to do an analysis of the success of the sponsored post. Because of these tracking pixels, we may see if and when you click on a specific link within the sponsored post. This allows us to adapt the content of future posts to the interests of our users.
Aggregated information pertaining to the performance of a sponsored post may be passed onto these third parties. For example, how popular a sponsored post is with our users and any links clicked (if any) within the post. No personal information will be disclosed to these third parties as part of this process; only information in an anonymous, aggregated form may be disclosed.
We would never affiliate ourselves with a brand and/or product that we didn’t enjoy or think would be of interest to our readers. Brands and/or products recommended on the Website are valid at the time of posting, and are based on the information available to GHF when the recommendation was made. We are not liable for, and do not guarantee the accuracy or completeness of any information regarding said products or brands. Readers are reminded to use their own discretion when deciding if such brand and/or product is right for them.
Advertising
This Website contains paid advertisements that are generated by a third-party service provider. We receive compensation for having advertisements on the Website. Any information about a brand, product or service displayed in such advertisements should be independently verified with the manufacturer, provider or third party in question. We are not liable for, and do not guarantee the accuracy or completeness of any information about a brand, product or service contained in such advertisements.
Comment Policy
The Website offers users the option to leave comments on its posts. Please note that we reserve the right to not publish or delete comments which are inappropriate, illegal, fraudulent, profane, pornographic, threatening, harassing, hateful, defamatory, injurious to third parties, spam or contain promotional links, or infringe the intellectual property rights or other rights of third parties. For more information, please refer to “User-Submitted Content” above.
If you leave a comment on the Website, you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
Revisions
All information and material contained on the Website are believed to be accurate and complete at the time it is posted. Although GHF attempts to ensure that all information and material remain current and accurate, they are subject to change without notice and GHF is under no obligation to update Content at any time.
Governing Law
These Terms of Use and the relationship between you and GHF shall be governed by the laws of the Province of Newfoundland and Labrador and the federal laws of Canada applicable therein. You and GHF agree to submit to the personal and exclusive jurisdiction of the courts located within the Province of Newfoundland and Labrador to resolve any dispute or claim arising from these Terms of Use. The United Nations Convention on Contracts for the International Sale of Goods and the International Sale of Goods Act (Canada) shall not apply.
General Provisions
(a) These Terms of Use constitute the complete and exclusive statement between you and GHF relating to its subject matter and supersedes all prior oral, written and/or contemporaneous negotiations, commitments and understandings.
(b) These Terms of Use may be assigned by us, but may not be assigned by you.
(c) No failure or delay to exercise any rights under these Terms of Use will operate as a waiver of such rights.
(d) If any provision of these Terms of Use is found by a court of competent jurisdiction to be illegal, invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid and enforceable, and the legality, validity and enforceability of all other provisions of these Terms of Use shall not be affected thereby.
(e) The headings used in these Terms of Use are intended for convenience of reference only and shall not affect the interpretation of these Terms of Use.
Contact Us
If you have any questions or comments related to these Terms of Use, please contact Dawn at [email protected].
Last Updated: September 18, 2024