Terms of Use

By using Forkly.com and Fork.ly (collectively the "Site"), a service of Forkly, Inc. (the "Company," "we" or "us") or any mobile applications that link to or reference these terms (collectively, the "Service"), you are agreeing to be bound by the following terms and conditions ("Terms of Use" or "Terms"), whether or not you are a registered user of the Service. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes. Violation of any of these terms and conditions will result in the termination of your account in connection with the Service. You understand and agree that the Company is not responsible for the content posted through or in connection with the Service and that you use the Service and the content at your own risk.

Please read these terms of use carefully as they contain important information regarding your legal rights, remedies and obligations.

Basic Terms
By using Forkly, a service of Forkly, Inc, you are agreeing to be bound by the following terms and conditions ("Terms of Use")
  1. You must be at least 13 years old to use the Service. Any registration by, use of or access to the Service by anyone under 13 is unauthorized, unlicensed and in violation of these Terms. By using the Service, you represent and warrant that you are 13 or older and that you agree to abide by these Terms. Minor children under the age of 18 who wish to use the Service must obtain permission from their parents and their parents must agree to these Terms. You (the parent) must register an account in connection with the Service and add your child or children to your (the parent's) account and certify that you are the legal guardian of the child/children listed on the account. By adding a child to your account, you also give your child permission to access the Service in its entirety. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether the Service and/or Site Content (as defined below) are appropriate for your child.
  2. You are solely responsible for any activity and content (including, without limitation, data, text, information, screen names, graphics, photos, profiles, audio and video clips, and links to third-party content) that is posted under your screen names (collectively, "User Content") including the consequences of posting or publishing such User Content.
  3. You must provide accurate, current and complete information about yourself when registering for an account in connection with the Service ("Registration Data"). You must also update your Registration Data, and any other information you provide to the Company, to keep it accurate, current and complete.
  4. You are responsible for keeping your password secure and ensuring that no unauthorized persons have access to your account.
  5. You may only use the Service for personal, non-commercial purposes. You may not post advertisements or solicitations of business. You may not use the Service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
  6. You must not upload, transmit, post or otherwise share any content that:
    1. violates or infringes upon the rights of any third party, including, without limitation, copyright, trademark, privacy, publicity or other personal or proprietary rights.
    2. contains libelous, defamatory, or otherwise unlawful material.
    3. is obscene.
  7. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service.
  8. Forkly and its licensees may publicly display advertisements and other information adjacent to or included with User Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
  9. You must not create or submit unwanted email or other messages to any Forkly Users ("Spam").
  10. You must not transmit any worms or viruses or any code of a destructive nature.
  11. You must not, in the use of Forkly, violate any laws in your jurisdiction (including but not limited to copyright laws).
General Conditions
  1. All content made available through or in connection with the Service, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own User Content that you legally post through or in connection with the Service.. Provided that you are eligible for use of the Service, you are granted a limited license to access and use the Service and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Service Content is strictly prohibited. Such license is subject to these Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Service or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
  2. What's yours is yours. You own your User Content, not us. You grant the Company and its affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display your User Content (in whole or in part) and/or to incorporate such your User Content in other works in any form, media, or technology now known or later developed. You also grant each user of the Service the right to access, display, view, store and reproduce your User Content for personal use. The Company may sublicense its rights through multiple tiers of sublicenses. By submitting User Content of any kind through or in connection with the Service, you represent and warrant to the Company that you have the right to submit such User Content, grant the licenses stated above, and that the User Content is non-confidential for all purposes.
  3. We're not responsible for any third party fees (including, without limitation, Internet, mobile phone, or text messaging fees).
  4. We reserve the right to modify or terminate the Service or your account without notice at anytime.
  5. We reserve the right to charge a fee for use of the Service, or any part of the Site, at any future date by providing notice to users.
  6. We reserve the right to remove content and accounts that we determine in our sole discretion are or may be unlawful, threatening, offensive, obscene or in violation of any party's intellectual property rights or these Terms of Use.
  7. The Service makes it possible to post to outside websites images and text through or in connection with the Service. This use is encouraged! Pages on other websites which display data provided through the Service must provide a link back to the Site. If you decide to access outside websites you do so at your own risk. We do not endorse or take responsibility for the content on other websites or the availability of other websites and you agree that we are not liable for any loss or damage that you may suffer by using other websites.
  8. We reserve the right to reclaim public placemarks and usernames on behalf of businesses or individuals that hold a legal claim or trademark on those public placemarks or usernames.
  9. All rights not expressly granted herein are reserved to Company and its licensors.
Copyright
  • We claim no intellectual property rights over the material you provide through or in connection with the Service. Your profile and the materials you upload remain yours. You can remove your profile at any time by deleting your account. This will also remove any text, images or other content you have stored through or in connection with the Service.
  • We encourage users to contribute their creations to the public domain or consider progressive licensing terms.
    1. The Company undertakes to obey all relevant copyright laws. If you are a copyright owner or an agent thereof and believe any materials accessible through or in connection with the Service infringes your copyright, pursuant to the Digital Millennium Copyright Act ("DMCA") you may request removal of those materials (or access thereto) from the Service by contacting the Company's copyright agent (identified below) and providing the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
      1. A description of the copyrighted work claimed to have been infringed
      2. A description of the infringing material and information reasonably sufficient to permit the Company to locate the material
      3. Your contact information, including your address, telephone number, and email
      4. 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 copyright owner, its agent, or the law; and
      5. A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.
      6. Claims can be submitted via email at support@forkly.com.
      7. A physical or electronic signature of the copyright owner or the person authorized to act on the copyright owner's behalf;
    2. If you believe that any User Content that you submitted through or in connection with the Service and was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use such User Content, you may send a counter-notice containing the following information to the Company's agent for copyright issues:
      1. Identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled;
      2. A statement that you have a good faith belief that the User Content was removed or disabled as a result of mistake or misidentification; and
      3. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the appropriate federal court in Colorado, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
      4. Your physical or electronic signature
  • The Company's agent for copyright issues relating to the Service is as follows:
    • Forkly, Inc.
    • 1062 Delaware St, Suite 3, Denver CO 80204
    • support@forkly.com
  • If a counter-notice is received by the Company's agent for copyright issues, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the Company's sole discretion. In an effort to protect the rights of copyright owners, the Company maintains a policy for the termination, in appropriate circumstances, of the account of users of the Service who are repeat infringers.
Privacy
It is our policy to respect the privacy of the users of the Service. Our privacy policy, which you may view at Privacy Policy (the "Privacy Policy"), is incorporated herein by reference. By accepting these Terms of Use, you expressly consent to the use and disclosure of your personally identifiable and other information as described in the Privacy Policy. To the extent there is an inconsistency between these Terms and the Privacy Policy, these Terms of Use shall govern.
Disclaimer
  • The content, services and/or materials available in connection with and through the service are provided on an "as is" and "as available" basis and without warranties of any kind either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. In particular, the company makes no warranty that the service will be uninterrupted, timely, secure, or error free, that the service or our server is free of viruses or other harmful components, that the service will be available, or that data provided through or in connection with the service will be secure from unauthorized access.
  • Forkly makes no claims or promises about the quality, accuracy, or reliability of the business listings, ratings, photos, comments, food and drink descriptions, or the safety or security of the service. Accordingly, forkly is not liable to you for any loss, injury, or damage that might arise from your reliance on the quality, accuracy, or reliability of the business listings, ratings, comments, food and drink descriptions, photos, or the safety or security of the service.
  • Forkly expressly disclaims all liability for any
    1. indirect, special, incidental, punitive, exemplary, reliance, or consequential damages
    2. loss of profits
    3. business interruption
    4. loss of or damage to reputation of forkly or any third party, or
    5. loss of information or data.
Limitation of Liability
You acknowledge, by your use of the service, that your use of the service, including any software, content or other materials through or in connection with the service, and any reliance upon it, is at your sole risk. You agree that, to the fullest extent permitted by applicable law, under no circumstances shall the company or its officers, managers, members, parents, subsidiaries, affiliates, agents or licensors, or any third party provider of data or information, be liable for any damages whatsoever, including without limitation, consequential, indirect, incidental, special or punitive damages, loss of business revenue, lost profits, loss of data, or personal injury whether in an action under contract, warranty, tort, negligence or any other legal theory, arising out of your use of or inability to use the service, or your reliance on any advice, information, or content related to the service, even if the company or any related party has been advised of the possibility of such damages. You agree that the company shall have no liability for any content of its users. You also agree that (1) the company shall not be liable to you or any third party under any theory for any loss or damage to your computer system, handheld device, or any other storage/playback device used by you to store or display the site content or to utilize the service and (2) the company shall not be liable under any theory for any loss or damage to any data on your personal computer, handheld device or any other storage/playback device used by you to store or display the site content or to utilize the service, and you shall be soley responsible for any such loss or damage. You specifically acknowledge that down-time, loss of content and computer viruses are risks inherent in the use of the internet and software products, and you agree to assume responsibility for any harm or damages of any kind or character whatsoever resulting from these possible harms. You also specifically acknowledge that you may be disclosing sensitive, private and confidential content about yourself in your use of the service and you agree to assume responsibility for any harm or damages of any kind or character whatsoever resulting from your release of such content. If you are dissatisfied with the service, or with any of these terms, or feel the company has breached these terms, your sole and exclusive remedy is to discontinue using the service. The total liability of the company to you for any claim arising from or relating to these terms or your use of the service shall not exceed the greater of either the amount paid by you for the services in question or one hundred dollars (us$100) total. It is the intention of both of us that this provision be construed by a court as being the broadest limitation of liability consistent with applicable law.
Indemnification
You agree to indemnify and hold the Company, and its subsidiaries, affiliates, officers, managers, members, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your violation of these Terms, or your violation of any rights of another.
Additional Terms
These Terms of Use constitute the entire agreement between you and the Company regarding the use of the Service, superseding any prior agreements between you and the Company relating to your use of the Service. The failure of the Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use shall be deemed invalid, unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions, which shall continue in full force and effect. The terms regarding Limitation of Liability, User Content, Indemnification, and Jurisdiction survive any expiration or termination of these Terms of Use. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or these Terms of Use must be brought, if at all, within one (1) year from the accrual of the claim or cause of action or be forever barred. These Terms of Use and any claims hereunder shall be governed by and subject to the laws of the state of Colorado, without giving effect to any principles of conflicts of law.