Terms
鈫 PoliciesEffective 7th October, 2024
1 What do these terms cover?
1.1 These user terms and the documents referred to in them (we refer to these as the Terms) govern:
1.1.1 your access to and use of our services through Your Account with us, including our website samsungfood.com and our mobile and web applications (together our Platforms), all functionality on our Platforms, applications, buttons, browser plugins, application programming interfaces, and accessing functionality on third parties who have integrated them into their experiences (we refer to these as the 黑料网 Services);
1.1.2 the rules that apply to any recipes or other information, text, graphics, photos or other materials or content you upload to or otherwise make available on the 黑料网 Services (we refer to this as Your Content); and
1.1.3 how you are entitled to use in any other rights and content, including (i) our proprietary rights in the 黑料网 Services themselves; and (ii) any content appearing on the 黑料网 Services including (without limitation) content owned and/or created by us, as well as content uploaded to the 黑料网 Services or otherwise licensed to us by a third party (we refer to this as 黑料网 Content).
1.2 Please read these Terms carefully before you start to use the 黑料网 Services or create an account with us (which we refer to in these Terms as Your Account). By using the 黑料网 Services or creating Your Account, you confirm that you accept these Terms and that you will comply with them. If you do not agree to these Terms you are not entitled to use 黑料网 Services or to create Your Account and must refrain from doing so.
1.3 You may use the 黑料网 Services as a guest without creating an account (in each case subject to these Terms), but if you do so you may not be able to access and use certain functionality within the 黑料网 Services.
Quick read: most apps and services use terms and conditions. Most people don鈥檛 have time to read those in full, so we have included a quick read section at the end of each paragraph which we hope is helpful! These terms set out how we would like you to use 黑料网.
2 Who do these terms apply to?
2.1 These Terms apply to you as an individual once you create Your Account or otherwise use the 黑料网 Services. These Terms do not apply to businesses contracting with us, and any such contracts will be on separate terms. Please follow the link within 黑料网 to create Your Account.
2.2 In creating Your Account or otherwise using the 黑料网 Services, you confirm that:
2.2.1 you are at least eighteen (18) years of age; and
2.2.2 the details you provide on creation of Your Account are correct and complete and that you will update these details if they change for any reason.
2.3 You may deactivate Your Account at any time by following the process detailed within Your Account settings, which can be accessed .
2.4 When you set up Your Account you will be invited to choose a unique username, which will be used across the 黑料网 platform. We reserve the right to change your username if we think we need to do so, including where a username is inappropriate, infringes or risks infringing third party rights or where it is possible that your username will confuse you with someone else or another brand or business.
Quick read: for you to obtain full functionality of 黑料网 we need to know who you are. That is why we ask you to set up an account with us. All data you supply to us about you will be used strictly in accordance with our Privacy Notice. You can still use some of the 黑料网 functionality without an account but it won鈥檛 be personalized to you if you do.
3 Who is 黑料网?
The 黑料网 Services and Your Account are operated by Foodient Limited, trading as 鈥満诹贤 (we or us). We are a limited company registered in England and Wales with company number 8001091 and have our registered office at 483 Green Lanes, London, N13 4BS, United Kingdom. Our VAT number is 140606741. We are pleased to be part of the wider Samsung group of companies.
Quick read: this is us. Hi! 鈽.
4 Accessing the 黑料网 services
4.1 Your right to access the 黑料网 Services
4.1.1 Provided that you comply with these Terms, we hereby grant to you a non-exclusive, non-transferable right to use the 黑料网 Services for the duration of the time that Your Account remains active.
4.1.2 The rights that we grant to you in these Terms are limited to those set out in these Terms and are fully revocable. This means that your access to the 黑料网 Service and Your Account is permitted on a temporary basis at our discretion, and we reserve the right to suspend or withdraw your access to Your Account or the 黑料网 Services or otherwise withdraw or amend any or all of the 黑料网 Services without notice.
4.2 Changes to and unavailability of the 黑料网 Services
4.2.1 We aim to update the 黑料网 Services regularly, and may change them and any of Your Content and 黑料网 Content from time to time. However, the 黑料网 Services may be out of date at any given time, and we are under no obligation to update them.
4.2.2 From time to time:
(a) we may need to make the 黑料网 Services (or any of them) or Your Account unavailable; and/or
(b) we may restrict your access to Your Account, some parts of the 黑料网 Services, or the 黑料网 Services as a whole.
This may, in each case, be for a range of reasons, such as to enable us to carry out routine or emergency maintenance, to provide and apply updates, or to limit access to certain 黑料网 Services for specific Users. We will not be responsible for any loss or damage you may suffer in these instances.
4.3 Your Account information, Your Systems and third party access
4.3.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures in connection with Your Account, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected].
4.3.2 You are responsible for making all arrangements necessary for you to have access to the 黑料网 Services and Your Account, including your own network connections, telecommunications links and mobile and desktop hardware and software (Your Systems). Please note that we will have no responsibility for or liability to you for any problems, delays, or any other loss or damage relating to or resulting from Your Systems and their interaction with the 黑料网 Services and you acknowledge that the 黑料网 Services and Your Account may be subject to limitations, delays and other problems inherent in the use of Your Systems.
4.3.3 You may register with, log-into or (in some instances such as Samsung Health) share data with 黑料网 via a third-party account such as Facebook, Google, or Apple (together 鈥淭hird-Party Accounts鈥). If you do so, you hereby authorize 黑料网 to process data that you have agreed to share, pre-populate the registration and any other relevant information fields of Your Account and/or to use such Third-Party Accounts details to log you into Your Account. 黑料网 is not responsible for the terms or policies of any Third-Party Account and you hereby agree to comply with any terms or policies of any Third-Party Account.
Quick read: we allow you to use 黑料网 in exchange for some basic commitments about how you will use 黑料网. We care about 黑料网 and so do our users, and this helps us keep everyone鈥檚 黑料网 experience as good as it can be! We may need to temporarily suspend 黑料网 or your access to it, but we won鈥檛 do that without reason 鈥 it really is the last thing we want to do!
5 Your content
5.1 Uploading Your Content in your use of 黑料网 Services
5.1.1 We are excited to be able to offer you the opportunity to upload and use Your Content in your use of the 黑料网 Services. Please follow the instructions within Your Account as to how to do this.
5.1.2 Once uploaded, Your Content will be available across those 黑料网 Services which support the use of Your Content from time to time and Your Content may also be available on certain third party sites and platforms depending on the settings you apply to Your Account.
5.1.3 As the 黑料网 Services evolve we anticipate adding more features for the use of Your Content and to enable the use of Your Content on more third party sites and platforms. Where we do so we will tell you about this via Your Account.
Quick read: we are looking forward to seeing what you upload!
5.2 You are responsible for Your Content
5.2.1 You are entirely responsible for Your Content, what it contains and how you use it. This includes ensuring you have sufficient permission from the content originator (e.g. the person originally responsible for producing the content or from whom you have obtained the content) to upload and use Your Content on the 黑料网 Services. We have no involvement in your upload or use of Your Content and cannot and will not take any responsibility or be liable to you for Your Content, what it contains and how it is used.
5.2.2 Whenever you make use of a feature that allows you to upload Your Content to a 黑料网 Service, or to make contact with other users of the 黑料网 Services, you warrant and represent that Your Content complies with our Acceptable Use Standards (set out in clause 76.3 of these Terms).
5.2.3 Because you are entirely responsible for Your Content you agree to bear any loss or damage (and repay a sum to us in respect of that) that we suffer which arises in connection with Your Content failing to, or being alleged to fail to, comply with our Acceptable Use Standards.
5.2.4 We operate a 鈥渢ake down鈥 process with respect to all content on the 黑料网 Services (including Your Content) which we consider does not comply with our Acceptable Use Standards. This means that we can remove any of Your Content at any time from the 黑料网 Services and Your Account without any liability to you. Please see our Copyright Policy for details of our copyright complaint procedure.
Quick read: because you upload content yourself, we do need you to take responsibility for it and please do check out what we think is acceptable in section 8 below. We monitor all content on 黑料网, but this is only after it has been uploaded. If you see any content which you think is inappropriate before we do then please do let us know!
5.3 How we can use Your Content
5.3.1 We will not own Your Content, but in uploading Your Content to the 黑料网 Services you hereby grant us and other users of the 黑料网 Services an irrevocable, perpetual, non-exclusive, royalty-free, transferable, sub-licensable license to use, copy, modify, change, edit, amend, store, display, reproduce and distribute Your Content (whether electronically or in any other media now known or that is subsequently developed) on a worldwide basis in connection with:
(a) our operation and administration of the 黑料网 Services;
(b) making the 黑料网 Services, Your Content and 黑料网 Content available to you and our other users to use; and
(c) to enable us to develop, enhance and refine the 黑料网 Services over time.
5.3.2 The license you grant under clause 5.3.1 to use of Your Content will continue even if you deactivate Your Account or your right to access the 黑料网 Services is terminated for any reason.
5.3.3 You may delete Your Content from Your Account at any time. Please follow the directions in Your Account as to how to do so. When you delete Your Content it will no longer be available to view via Your Account, although for technical reasons we may retain copies of Your Content or certain information or data in relation to it.
Quick read: you own all content you upload, but we do need to be able to display it and allow it to be shared by our users in the various ways 黑料网 allows. That is why you grant us a license. Also, because your content may be shared or copied many times over by other 黑料网 users, we need the license you grant to us to continue even once you have deactivated your account or deleted your content from it, as those copies may still exist. Behind the scenes we may also keep some data about the content you have uploaded.
6 Premium Services
6.1 Premium Services Subscription
6.1.1 We offer a premium service subscription for 黑料网 (鈥淧remium Subscription鈥) which is a paid offering that offers an ad-free experience, and includes features such as bespoke meal plans, nutrient breakdowns and food tracking services. Further details of the Premium Subscription and subscription fees can be found on our Platforms.
6.1.2 By using your Premium Subscription, you agree to these Terms, and any additional terms and contains referred to herein.
6.1.3 You can purchase a Premium Subscription through the Apple App Store or Google Play Store (each an 鈥淎pp Store鈥).
6.1.4 Once you have purchased a Premium Subscription through an App Store, we will seek to process your Premium Subscription promptly but cannot guarantee activation by a specified time. In purchasing a Premium Subscription via an App Store, you are also deemed to confirm to us that your Premium Subscription sign up and payment details are complete and accurate, and that you are entitled to purchase a Premium Subscription using those sign up and payment details. It is your responsibility to update and maintain changes to your sign-up details on Your Account. Each Premium Subscription is for a single user only, and we reserve the right to cancel or suspend your Premium Subscription if you share your access rights with any third parties.
6.1.5 We may make promotional offers available from time-to-time, including for special annual subscription rates to 黑料网. When the promotional period ends, you will automatically be charged the full subscription price unless you cancel. Please note that we only allow one promotion per new user of 黑料网, and promotions will only be available in specific participating countries.
Quick read: Our Premium Subscription offering is an exciting development for us! If you choose to subscribe to our paid-for Premium Subscription, there are pricing and payment terms that apply.
6.2 Prices and Payment
6.2.1 You agree to pay the Premium Subscription fees at the rate and in the currency displayed during the Premium Subscription process. Prices may vary from time to time and by location, and a Premium Subscription may be available on a one-off, monthly, annual or other basis. You authorize 黑料网 to charge you for the Premium Subscription fees when we accept your order and at monthly or annual intervals as set out in our Platforms.
6.2.2 Unless otherwise indicated, prices shown are inclusive of any applicable value added tax (VAT) or other sales taxes. The breakdown of any VAT will be indicated where necessary.
6.2.3 If your payment is not authorized, or is subsequently canceled, whether via an App Store or otherwise, your Premium Subscription and/or Your Account may be immediately terminated or suspended.
6.2.4 We will seek to give you prior notice (including via the applicable App Store) of any increase in the price of your Premium Subscription, which will take effect at your next renewal date.
6.2.5 If an applicable App Store incorrectly states a Premium Subscription price, we are not obliged to provide you with a Premium Subscription at that price, even if you have placed an order to buy a Premium Subscription. We will investigate any potential pricing errors as far as we are able, and will always act in good faith in determining whether a genuine pricing error has occurred. In such instances you may be entitled to cancel your Premium Subscription and receive a refund via the applicable App Store (see clause 6.5 below).
6.2.6 We will do all that we can to ensure that all of the information you give us when paying is secure. We do not accept liability for any loss that you may suffer if a third party gains unauthorized access to any information you provide to us.
Quick read: you authorize us to take payments for your Premium Subscription. We take security very seriously.
6.3 Payment using Samsung Rewards
6.3.1 You may be eligible to purchase a Premium Subscription using your Samsung Rewards points if:
6.3.1.1 you have an Account;
6.3.1.2 you have a Samsung Rewards account, and you are a Samsung Rewards member in the United Kingdom or United States;
6.3.1.3 you have linked your Account to your Samsung Rewards account; and
6.3.1.4 You have accumulated the minimum number of Samsung Rewards points required to purchase a Premium Subscription. Partial payment using Samsung Rewards is not permitted.
6.3.2 A Premium Subscription purchased using Samsung Rewards will not automatically renew.
6.3.3 A Premium Subscription purchased using Samsung Rewards is non-refundable, and cannot be transferred, bought, sold or traded in any way.
6.3.4 You may only purchase a Premium Subscription using Samsung Rewards if you are the named and registered Samsung Rewards member.
6.3.5 We may decline to issue, withdraw or cancel a Premium Subscription purchased using Samsung Rewards if we reasonably believe that there is any abuse or attempted abuse of Samsung Rewards, any breach or attempted breach of these Terms and/or any behaviour relating to purchases using Samsung Rewards that involves misconduct, theft, abusive or offensive behaviour, or supplying misleading or false information.
6.3.6 The option to purchase a Premium Subscription using Samsung Rewards may be withdrawn or altered by us without prior notice.
6.3.7 Your use of Samsung Rewards may be subject to separate terms and conditions so please do check how that impacts you (Samsung Rewards operates separately from 黑料网).
Quick read: if you are in the UK or the US, you may be eligible to pay for your Premium Subscription using your Samsung Reward points. Please note that you will need to have the minimum number of Samsung Rewards points, and your subscription will not automatically renew!
6.4 Your Cancellation Rights
6.4.1 By placing your order for a Premium Subscription via an App Store and subject to these terms and conditions, you are instructing us to commence your Premium Subscription immediately upon our acceptance of your order. If you do not want your Premium Subscription to commence immediately, please delay your order appropriately.
6.4.2 This means that you lose your right to cancel this contract and receive a refund once we have provided email confirmation of your Premium Subscription and that any notice of cancellation you subsequently provide will only take effect at the end of your current subscription period. You will not be entitled to a refund except in the event that there is a fault in 黑料网鈥檚 provision of the Premium Subscription services.
6.4.3 You have the right to cancel your Premium Subscription at any time via an App Store and subject to these terms and conditions, with effect from the end of your current subscription period. Instructions for cancelation can be found in the Manage Subscriptions section of your Profile Settings.
Quick read: you have the right to cancel your Premium Subscription at any time using the method above. However, as you will receive the 黑料网 services immediately after your order is accepted, you will not have a statutory right to cancel your Premium Subscription within the first 14 days and receive a full refund.
6.5 Our Cancellation Rights
6.4.1 We may suspend or terminate your Premium Subscription if we are prevented from providing the services to you, or accepting payment for the Premium Services, by applicable law or for reasons beyond our control, or if 黑料网 ceases to provide the services. If we terminate for any of these reasons we will provide you with a pro rata refund to the extent permitted by applicable law.
6.5.2 Subject to the terms of the applicable App Store, we may also suspend or terminate your Premium Subscription, without refund, if you breach these Terms.
Quick read: if we are unable to provide you with the 黑料网 services, or if you breach these Terms, we have the right to suspend or cancel your Premium Subscription.
6.6 Refunds
6.6.1 In the event that you cancel your Premium Subscription or otherwise consider you are due a refund, any refunds to which you may be entitled will be processed by the applicable App Store and any such refunds will be subject to the relevant App Store terms and conditions.
Quick read: any refunds we make to our Users relating to our Premium Subscription are made directly via the applicable App Store. If you cancel your Premium Subscription and/or are entitled to a refund for some other reason (e.g. a pricing error that we have accepted) then this will be paid to you via the applicable App Store
6.7 Renewals
6.7.1 Your Premium Subscription will renew in accordance with the terms of your App Store. Any subsequent renewal periods will also be subject to these Terms.
Quick read: your Premium Subscription may auto-renew unless you cancel. You can cancel at any time with effect from the end of your current subscription period following the cancellation process in your App Store.
7 Restrictions to your use of the 黑料网 services and Acceptable Use Standards
7.1 General restrictions on use of the 黑料网 Services
7.1.1 You may only use the 黑料网 Services for lawful purposes and in accordance with these Terms. You may not use any part of the 黑料网 Services:
(a) in any way that breaches any applicable local, national or international law or regulation;
(b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
(c) for the purpose of harming or attempting to harm minors in any way;
(d) to send, knowingly receive, upload, download, use or re-use any material which does not comply with our Acceptable Use Standards;
(e) to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam); and
(f) to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
7.1.2 The 黑料网 Services may from time to time allow you to connect to your contacts and other Consumers through functionality that links to Third-Party Accounts. In doing so, you acknowledge that you have all rights and permissions to communicate with your contacts and other Consumers.
7.1.3 In using the 黑料网 Services you agree:
(a) not to reproduce, duplicate, copy or re-sell any part of the 黑料网 Services in contravention of the provisions of these Terms;
(b) not to access without authority, interfere with, damage or disrupt:
(i) any part of the 黑料网 Services;
(ii) any equipment or network on which our Site is stored;
(iii) any software used in the provision of the 黑料网 Services; or
(iv) any equipment or network or software owned or used by any third party.
Quick read: we take pride in 黑料网 and really respect our users! We would really appreciate it if you respected our users and 黑料网 in the same way 鈥 please use 黑料网 in the way it is intended to be used. If you have any questions about that then please do contact us!
7.2 Interactive Services
7.2.1 We may from time to time provide interactive services within any part of the 黑料网 Services, including, without limitation, discussion boards and other social media functions (Interactive Services).
7.2.2 We will do our best to assess any possible risks for our users (and in particular, for children) from third parties when they use any Interactive Service provided on our Platforms, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any Interactive Service the 黑料网 Services provide and we do not provide any commitment to you that the content displayed on any Interactive Service will comply with our Acceptable Use Standards.
7.2.3 Where we do moderate an Interactive Service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
Quick read: interaction between users and third parties is a great part of 黑料网, but we are well aware that not everyone behaves in the same way online. We will do our best to make sure that our interactive elements are appropriate, but we cannot always ensure this. If you have a concern please do let us know and we鈥檒l check it out straight away.
7.3 Acceptable Use Standards
7.3.1 The acceptable use standards set out in this clause 7.3 (Acceptable Use Standards) apply to any and all of Your Content, and to your use of the 黑料网 Services and any Interactive Services associated with them. You must comply with the spirit and the letter of the Acceptable Use Standards.
7.3.2 Your Content must:
(a) be relevant or related to the food and recipe information included in the 黑料网 Services;
(b) be accurate (where they state facts);
(c) be genuinely held (where they state opinions); and
(d) comply with applicable law in the UK and in any country from which it is posted.
7.3.3 Your Content must not:
(a) disclose the name, address, telephone, mobile or fax number, email address or any other personal data in respect of any individual;
(b) contain any material which is defamatory of any person;
(c) contain any material which is obscene, offensive, hateful or inflammatory;
(d) promote sexually explicit material;
(e) promote violence;
(f) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(g) infringe any rights of any other person and you will abide by the terms of our Copyright Policy;
(h) be likely to deceive any person;
(i) be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
(j) promote any illegal activity;
(k) be threatening, abuse or invade another鈥檚 privacy, or cause upset, annoyance, inconvenience, harassment, embarrassment, alarm or anxiety;
(l) be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
(m) give the impression that Your Content emanates from us, if this is not the case;
(n) advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.6.3.4 In our Privacy Notice we set out how we collect data in conjunction with Third-Party Accounts.
Quick read: this is a family show people – you know the drill! Again, please take responsibility for what you upload and take as much pride in the 黑料网 community as we do.
8 黑料网 content
8.1 Ownership of 黑料网 Content
We use data sourced from the Open Food Facts database () licensed under the Open Database License to provide you with food products data as part of the 黑料网 Services. The Open Food Facts database is an open source, public and collaborative database, and as such we cannot guarantee that the data will be accurate, uninterrupted, error free, perform in any particular manner, give any particular result or be suitable for any particular purpose. You are able to access a JSON file of the Open Food Facts database via. our website, but please note that 黑料网 Content more generally is not licensed on an open source basis.
Other than your rights in Your Content (please see clause 5), all rights in 黑料网 Content shall remain owned by 黑料网 or its licensors, and you shall have no rights in and to the 黑料网 Content save as specifically set out in these Terms.
Quick read: we use an open-source database to provide you with comprehensive data on food products. We create our own content too. We own that, but you can use it!
8.2 How you can use 黑料网 Content
8.2.1 You are entitled to use the 黑料网 Content as may reasonably be required to enable you to access and use the 黑料网 Services for your own personal use and 黑料网 hereby grants you a limited, revocable, non-transferable license of the 黑料网 Content for these purposes only.
8.2.2 The license granted in clause 8.2.1 does not extend to commercial use. If you or any connected parties wish to use 黑料网 Content for any commercial purpose then you or the relevant connected party must first obtain a specific license from us or our licensors for such purpose. Neither us nor our licensors will be obliged to grant any such license.
Quick read: please use our content sensibly and not for commercial use (we charge for that).
8.3 Accuracy of 黑料网 Content
8.3.1 Although we make reasonable efforts to ensure that 黑料网 Content is up to date and accurate, we make no representations, warranties or guarantees, whether express or implied, that the 黑料网 Content is accurate, complete or up-to-date and we accept no responsibility for any reliance you may place on the 黑料网 Content.
8.3.2 Please note that while we strive to provide accurate expiry dates for items on your Food List, you acknowledge that such expiry dates should be used as a guide only, and it remains your responsibility to ensure that any item on your Food List is safe to consume.
8.3.3 In particular, whilst we make every effort to ensure that all recipes clearly indicate if ingredients contain allergens or similar, it is your responsibility to ensure that such ingredients are suitable for your own allergen or intolerance requirements.
Quick read: we鈥檒l do what we reasonably can to keep our content up to date and accurate. Please check that expiry dates are accurate and that all ingredients are suitable for your own allergen or intolerance requirements 鈥 we cannot know everything about you!
8.4 Health and Nutritional Information
8.4.1 You may have the choice to provide 黑料网 with some information about your health, such as your height and weight, in order to receive certain Services.
8.4.2 You must obtain advice from your healthcare provider before undertaking any changes to your diet or lifestyle.
8.4.3 All 黑料网 Content provided to you, including but not limited to calorie counts, nutritional facts, allergen information and meal plans are not intended to amount to advice on which reliance should be placed. We therefore accept no responsibility for any reliance you may place on the 黑料网 Content.
8.4.4 If you have any dietary preferences, it remains your responsibility to ensure that any 黑料网 Content is suitable for your own requirements.
Quick read: please speak to your doctor or healthcare professional before making changes to your diet or lifestyle. Also, whilst we will do what we can to provide information that will help you achieve your health goals, your health goals and health are personal to you, and as a result we are unable to guarantee that the information we provide is tailored to your circumstances. You should therefore not rely on this information and should ensure that our recommendations are suitable for you.
9 Termination and suspension of your account and access to 黑料网 services
9.1 If, in our opinion, you breach these Terms, and without prejudice to any other rights we may have (e.g. to commence legal proceedings against you), we may:
9.1.1 issue a warning to you specifying that you have breached these Terms and requiring you to rectify the breach;
9.1.2 immediately suspend or terminate your right to use the 黑料网 Services and/or Your Account;
9.1.3 immediately remove (either permanently or temporarily) any of Your Content; or
9.1.4 disclose any pertinent information to law enforcement or other regulatory authorities as we reasonably feel is necessary.
9.2 You may deactivate Your Account by following the process set out in clause 2.3 above.
9.3 Termination of your right to use the 黑料网 Services or the deactivation of Your Account shall not affect:
9.3.1 any right or liabilities which have accrued prior to the date of such termination; or
9.3.2 the continuance in force of any provision hereof which expressly or by implication is intended to come into or continue in force after termination or expiry, including clauses 5, 6, 7, 8, 9, 10, 11, 13 and 14.
9.4 Upon termination of your right to access the 黑料网 Services or the deactivation of Your Account your right to access and use the 黑料网 Services, the 黑料网 Content and Your Content shall cease immediately.
Quick read: we really don鈥檛 want to, but sometimes we have to terminate or suspend user accounts. Sometimes our users just want to deactivate their account. Both of these things make us sad, but life happens and when that happens sometimes it is best to move on. If we terminate your account or you deactivate it, you will not be able to access 黑料网 although some parts of these terms will still apply 鈥 we can鈥檛 avoid that, especially as we and other users may need to still use copies of your content (see above).
10 Our liability to you
10.1 If we fail to comply with these Terms, we are responsible for any loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if they were an obvious consequence of our breach or negligence. We do not accept liability for any loss or damage which was not foreseeable.
Quick read: we will comply with our own terms and if you think we have not then please let us know.
10.2 To the extent we may lawfully do so:
10.2.1 we exclude liability for any implied terms and conditions including those implied by statute, common law or the law of equity; and
10.2.2 we do not give any warranty, representation or other commitment that the 黑料网 Services, Your Content or the 黑料网 Content will be accurate, uninterrupted, error free, perform in any particular manner, give any particular result or be suitable for any particular purpose.
Quick read: we hope you love 黑料网 as much as we do. We are not perfect, but we are trying hard to improve 黑料网 all the time!
10.3 In addition to the above, we are not liable to you for the following:
10.3.1 any loss or damage you suffer as a result of any change to the 黑料网 Services or lack of availability of the 黑料网 Services (please see clause 4.2);
10.3.2 any problems, delays, or any other loss or damage relating to or resulting from Your System and its interaction with the 黑料网 Services (please see clause 4.3.2);
10.3.3 Your Content, what it contains and whether you have the rights to use it or upload it in connection with your use of the 黑料网 Services (please see clause 5.2);
10.3.4 your use of the 黑料网 Content other than in accordance with these Terms (please see clause 8);
10.3.5 any loss or damage caused by a distributed denial-of-service attack, viruses, malware, or other technologically harmful material that may infect Your Systems, data or other proprietary material (including Your Content) due to your use of the 黑料网 Services or to your downloading of any 黑料网 Content, any other material posted on our Site, or on any website linked to the 黑料网 Services (please see clause 12); and
10.3.6 any third party goods, services or content (or similar) purchased or otherwise used by you from a third party as a result of your use of the 黑料网 Services (please see clause 13.2).
10.3.7 any breach of these Terms caused by events or circumstances beyond our reasonable control such as the performance or otherwise of any OpenAI services we may use
Quick read: some things we just can鈥檛 be responsible for as they are out of our control. If you have any issues then please do let us know.
10.4 However, nothing in these terms shall affect our liability for death or personal injury caused by our negligence, nor our liability for fraud or serious misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
10.5 You have legal rights as a consumer. Advice about your legal rights is available from your local Citizens鈥 Advice Bureau or Trading Standards office.
Quick read: and quite right too!
11 Information about you
We process information about you (including your personal data) in accordance with our Privacy Notice.
Quick read: needless to say we take this very seriously. Treating our users and their data with respect is core to our values.
12 Viruses, hacking, and other offenses
12.1. We do not guarantee that any element of the 黑料网 Services will be secure or free from bugs or viruses.
12.2. You are responsible for configuring Your Systems in order to access our Site. We recommend that you use your own virus protection software.
12.3. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, malware, or other technologically harmful material that may infect Your Systems, data or other proprietary material (including Your Content) due to your use of the 黑料网 Services or to your downloading of any 黑料网 Content, any other material posted on our Platforms, or on any website linked to the 黑料网 Services.
12.4. You must not misuse the 黑料网 Services by knowingly introducing viruses, malware or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the 黑料网 Services, the server on which the Service is hosted or any server, computer or database connected to the 黑料网 Services. You must not attack the Service via a denial-of-service attack or a distributed denial-of-service attack. We will report any breach of this provision to the relevant law enforcement or regulatory authorities and we will cooperate with those authorities by disclosing your identity to them (in each case in accordance with our Privacy Notice).
Quick read: we know what we are doing with our systems and tech, but we also know that some people would like to mess that up. We can鈥檛 be responsible for that if it happens and affects you. Please do take care of our own systems and devices.
13 Third-party links and goods and services
13.1 Third-party links from the 黑料网 Services
13.1.1 The 黑料网 Services may contain links to sites operated by third parties. We have not reviewed and do not review such sites and are not responsible for the content of nor accept any liability howsoever arising in respect of any of such sites.
13.1.2 The presence of links to third party sites is not intended to and shall not constitute a recommendation by us of such sites nor of any goods, services, content, advice or information posted on them.
13.2 Transactions instigated through the 黑料网 Services
13.2.1 From time to time, as part of your use of the 黑料网 Services, you may be able to purchase goods, services or content (or similar) from a third party as a result of clicking a link to a site operated by a third party.
13.2.2 Any contract you enter into for the purchase of goods, services or content (or similar) from a third party shall be governed by the terms and conditions of the relevant third party supplier. We have no liability to you in respect of any third party goods, services or content (or similar) purchased by you from a third party as a result of your use of the 黑料网 Services.
13.2.3 We may earn commission from third parties in respect of any goods, services or content (or similar) purchased by you from a third party as a result of your use of the 黑料网 Services.
Quick read: we partner with some great businesses and products and our users may also add links to other sites. We try hard to make sure that our partners are appropriate but we cannot guarantee this. We do not accept responsibility for other sites or the products, services or content on them.
13.3 Third-party generated content from the 黑料网 Services
13.3.1 黑料网 may use to enhance the services we provide to you, including to generate and adapt recipes and provide ingredient substitutions. Where 黑料网 Content displayed to you is generated by OpenAI, we will clearly indicate to you that it is AI-generated. We do not intend to share your personal data with OpenAI. For more information, please see our Privacy Policy.
Quick read: we may use OpenAI to provide you with the best services we can. Wherever we use OpenAI-generated content, we will always make this clear to you, and we do not intend to share your personal data with OpenAI.
14 Linking to the 黑料网 services
14.1 You may link to the home page of our website or to our applications on the appropriate application site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
14.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
14.3 The 黑料网 Services must not be framed on any other site, nor may you create a link to any part of the 黑料网 Services other than the home page of our website or to our applications as described above.
14.4 We reserve the right to withdraw linking permission without notice.
14.5 Any linking must comply in all respects with our Acceptable Use Standards.
14.6 If you wish to make any use of material on the 黑料网 Services other than that set out above, please address your request to [email protected].
Quick read: please feel free to link to 黑料网 in an appropriate way. Thank you!
15 Other important terms
15.1 If any of the Terms is or becomes invalid or contravenes any law then the remaining provisions shall not be affected.
15.2 These Terms are governed by English law. You and we both agree to submit to the non-exclusive jurisdiction of the English courts, although you may be able to make a claim against us in your local courts if mandatory local law allows.
15.3 No waiver shall constitute a waiver of any other terms. No failure by us to exercise a remedy shall constitute a waiver to subsequently exercise any remedy.
15.4 We may revise these Terms at any time. You are expected to check these Terms from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on the 黑料网 Services. If you do not agree to any changes made to these Terms then you must refrain from continuing to use the 黑料网 Services or Your Account.
15.5 If you have any concerns about any content you see on the 黑料网 Services, please contact [email protected].
Quick read: thank you for reading this far! We have to say these things so that we can be clear with you about how these terms work. We are an English company so we like to have these terms governed by English law (and you鈥檒l see we use English spellings too – yawn). We may also make changes to these terms over time, and because 黑料网 is free to use we think it is fair that you need to stop using your account or 黑料网 if you don鈥檛 agree with the changes. We treat our users with respect and won鈥檛 make silly changes for the sake of it.
Thank you for using 黑料网.