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Terms of Use

Last modified on: October 5, 2023

Welcome to Peachie!

  1. Introduction
    1. This document and the other documents referenced below make up Peachie’s Terms of Use (“Terms”). Please read the Terms carefully. They are a legally binding contract between you and us, and they set out your rights and responsibilities when you use our platform, or the other products, services, and features that we provide (collectively, the “Services”).
    2. By using any of the Services (which includes just browsing Peachie’s website), you are agreeing to the Terms. If you do not understand the Terms, or if you do not (or cannot) agree to all of them, then you may not use the Services.
  2. Who we are.
    1. Peachie is a Utah limited liability company (“Peachie”, “we”, “us”, or “our”). Our Services allow you to discover, share, and purchase content from creators. They also provide a distribution platform for creators, as well as a place for people to connect and inspire each other.
    2. Peachie only operates within the United States and does not currently offer the Services to any other part of the world. However, if you live in other areas and are interested in the Services, please contact us using the information at the end of these Terms.
  3. How you can use the Services.
    1. We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial use, subject to these Terms.
    2. As part of your license, you may create an account with Peachie. You are solely responsible for the activity on your account. Your account cannot be shared with or transferred to anyone else.
    3. Your license does not create any agency, partnership, joint venture, employment, or franchisee relationship with Peachie.
  4. What terms apply. You have different rights, responsibilities, and obligations, depending on how you use the Services.
    1. If you use any of the Services, these Terms of Use and our Privacy Policy apply to you and are part of the Terms. Our Privacy Policy explains how we handle your personal data and protect your privacy when you use the Service.
    2. If you participate in the Peachie Creator Program, the Creator Program Agreement applies to you and are part of the Terms.
    3. If you use a third-party service to purchase a product from us, the terms of use, privacy policy, or other agreements from that third-party service may apply to you, but they are not part of the Terms. Instead, they are a separate agreement between you and the applicable third party. For more information about third-party services, please refer to section 8 below.
  5. How Content works.
    1. While using the Services, you may encounter different content, like names, profile pictures, photographs, descriptions, stories, instructions, recipes, comments, reviews, logos, trademarks, and other information and materials (collectively, the “Content”).
    2. Content is owned by, and is the sole responsibility of, the person or entity that provided it to the Services. This means you keep any ownership rights for your Content. It also means we are not responsible for your Content, or any Content provided by third parties.
    3. For clarity, when we say “your Content” we mean the content you provide to the Services. We are not making any statement or representation about who owns it. Also, you “provide” Content to the Services not only when you personally upload Content to our website, but also when you use other people, tools, or services to send us Content. For example, if you ask someone else to upload Content on our website for you, if you use a third-party program to send us Content, or if you ask us to download recipes from a blog to put on the Peachie website, you “provide” that Content to the Services.
    4. If you provide Content to the Services, you represent you have all necessary rights to that Content, and you are not infringing or violating anyone else’s rights by providing it to the Services.
    5. You grant us a perpetual, non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, reproduce, distribute, modify, copy, publish, display, adapt, translate, host, exploit, monetize, create derivative works of, and sell copies and derivative works of the Content you provide to the Services. You also grant each other user of the Services a worldwide, non-exclusive, royalty-free license to access and use that Content as authorized by the Services. These licenses will end a reasonable amount of time after you remove your Content from the Services, except we can keep (but not display or distribute), copies of any Content that is removed.
    6. Other than the licenses expressly described in the Terms, neither you nor we will acquire any right, title, or interest in any intellectual property rights belonging to the other party or to the other party’s licensors.
    7. You may remove your Content from the Service at any time. However, you must remove your Content if you do not have the right to provide it to the Services.
    8. Peachie does not endorse your Content or any Content provided by third parties. We also do not have any obligation to make any specific Content available on the Services. We reserve the right to remove any Content from the Services that we believe (1) breaches the Terms, (2) violates applicable law, or (3) may cause harm to Peachie, our users, or third parties.
    9. If you see Content that you believe does not comply with the Terms or the law, you can report it to us using the contact information at the end of these Terms.
  6. What is allowed on the Services. Peachie is a place where people can discover, buy, share, and make money on exciting creations, but not at the expense of others or the Services. You therefore agree to comply with all the community standards identified below, and you agree not to do anything to help someone else violate them.
    1. Respect the intellectual property rights of others.Creating things is hard, and people have a right to enjoy and protect the things they create. To respect the intellectual property rights of others and comply with the law, you agree to not use the Services to infringe or violate someone else’s intellectual property rights, including using the Services to sell, distribute, or share something you do not own or have a right to share or sell. If we receive a claim that Content infringes on someone’s intellectual property rights, we will take appropriate action.
    2. Share content that is appropriate for a diverse audience. Our users, customers, and creators have a wide variety of backgrounds, beliefs, and experiences, and we want them all to feel welcome, comfortable, and safe on our Services. You agree to not provide any Content to the Services that has any nudity or any pornographic, violent, or explicit material, including material involving sexual solicitation, sexual exploitation or abuse, human exploitation, suicide or self-injury, or threatening, violent, or graphic acts.
    3. Promote genuine interactions with others. People come to Peachie to learn, find inspiration, and grow. Disingenuous engagement creates a negative experience for others, and it can jeopardize the security, safety, and usability of our Services. You agree you will not use the Services to send any spam, which includes uploading repetitive content, trying to sell things to other users outside of authorized channels (like the Peachie Creator Program), repeatedly contacting users without their consent, or offering money or other things in exchange for engagement on our Services. You also agree you will not try to pretend you are someone else, mislead others, or spread misinformation on the Services.
    4. Be civil with others. We want to cultivate a positive community around your creations and the creations of others. You agree to not use the Services to threaten, degrade, shame or disrespect others, including making threats of physical violence, vandalism, theft, or financial harm, as well as using slurs, profanity, and derogatory words towards other users.
    5. Follow the law. Peachie is not a place where you can break the law or encourage illegal activity. You agree to not to use the Services to promote or engage in any illegal behavior, including selling controlled substances, offering sexual services, sharing sexual content involving minors, engaging in terrorism, or coordinating harm, vandalism, or theft.
    6. Cultivate a safe environment. We want Peachie to be a place where people can trust the Content they find, without being worried it will give them a virus or damage their property. You agree you will not use our Services to upload, share, or distribute harmful or unsafe materials, including viruses, malicious code, or anything else that could disable, impair, or interfere with our systems, services, or products, or the systems of our customers, users, or visitors.
    7. Use the Services as intended. We work hard to provide the Services to you and our community, and we are constantly looking for new ways to improve them. You agree you will work with us in good faith and use the Services as intended. This means that, if you provide Content to the Services, you will not encourage or facilitate any transaction that tries to sell that Content outside of the Services. It also means you will not discourage others from using the Services to buy your Content or the Content of other creators.
  7. What Third-Party Services you may encounter.
    1. We sometimes provide access to third-party products or services (“Third-Party Services”) or allow Third-Party Services to engage with us or the Services in different ways. This access and these features are only made available as a convenience. Peachie does not own or control any Third-Party Service, and your access and use of them is at your own risk. The provider of a Third-Party Service (“Third-Party Provider”) may require you to accept its own terms of service, privacy policy, or other agreements before using its Third-Party Service. Those documents are between you and the Third-Party Provider (not us), and it is your responsibility to review those documents carefully before accepting them. We are not obligated to intervene in any dispute between you and any provider of a Third-Party Service. For your convenience, some of the Third-Party Providers you may encounter on the Services are listed below, along with links to their terms of service and privacy policies.
      1. Shop Pay
        1. Terms of Service: https://shop.app/terms-of-service
        2. Privacy Policy: https://www.shopify.com/legal/privacy
      2. Google Pay
        1. Terms of Service: https://payments.google.com/payments/apis-secure/u/0/get_legal_document?ldi=350123
        2. Privacy Notice: https://payments.google.com/payments/apis-secure/u/0/get_legal_document?ldi=337864
      3. PayPal
        1. User Agreement: https://www.paypal.com/us/legalhub/useragreement-full
        2. Privacy Statement: https://www.paypal.com/us/legalhub/privacy-full
      4. Venmo
        1. User Agreement: https://venmo.com/legal/us-user-agreement/
        2. Privacy Statement: https://venmo.com/legal/us-privacy-policy/
    2. Peachie does not endorse, authorize, or sponsor any Third-Party Service, and Peachie is not affiliated with any Third-Party Service, regardless of whether a Third-Party Service is available on or accessible through Peachie’s Services, or whether a feature allows a Third-Party Service to integrate or engage with Peachie’s Services. Peachie also does not make any warranty, guarantee, or commitment about any Third-Party Service. For example, Peachie has not made any representation about whether a Third-Party Service will meet your needs, or even work like you expect. You understand and agree Peachie is not responsible or liable to you or anyone else for any Third-Party Service, including your use of or access to any Third-Party Service.
  8. How the Services can be terminated.
    1. You may stop using the Services at any time. If you have an account with us, you may also deactivate your account through the account settings.
      1. In addition to anything else we are allowed to do, we may suspend, restrict, or terminate your access to the Services if we believe:
      2. you, your Content, or your use of the Services violated the Terms;
      3. you violated an agreement with a Third-Party Provider;
      4. you are prohibited from using, receiving, or participating in any aspect of our Services under applicable law;
      5. we are required to do so to comply with a law, court order, or other legal obligation; or
      6. there has been conduct that creates (or could create) liability or harm to Peachie, our users, or a third party.
    2. We will generally notify you if your access to the Services has been suspended, restricted, or terminated, unless we believe:
      1. the notice would violate applicable law or a request of a legal enforcement authority;
      2. the notice would compromise an investigation;
      3. the notice would compromise the integrity, operation, or security of the Service;
      4. the notice would harm Peachie, our users, or a third party; or
      5. you have repeatedly violated our Terms.
    3. Our right to suspend, restrict, or terminate your access to the Services includes the ability to suspend, deactivate, restrict, or delete any accounts you have with Peachie or any accounts we believe are associated with you.
    4. If your Peachie account is suspended, deactivated, restricted, or deleted, you may lose the information associated with it, including any related Content. You may also lose the ability to engage with certain parts of the Services, like the Peachie Creator Program. However, some of the Content provided to the Services before the account was suspended, deactivated, restricted, or deleted may still be accessible by others.
    5. If you lose access to your Peachie account, you may continue using certain parts of the Services that do not require an account, like visiting our website. If you use the Services in this way, the Terms will apply to that use.
    6. If your use of or access to the Services is terminated, the following sections will continue to apply to you: (i) “What Terms apply”, (ii) “How Content works”, (iii) “What Third-Party Services you may encounter”, (iv) “How the services can be terminated”, (v) “What other legal terms apply”, (vi) “Miscellaneous”, and (vii) any other provision that, by its nature, should survive.
  9. What other legal terms apply.
    1. Service Disclaimer. EXCEPT AS EXPRESSLY STATED IN THE TERMS OR AS REQUIRED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND PEACHIE DOES NOT MAKE ANY WARRANTY, GUARANTEE, OR COMMITMENT ABOUT THE SERVICES OR ANY THIRD-PARTY SERVICE. FOR EXAMPLE, PEACHIE HAS NOT MADE ANY WARRANTY OR GUARANTEE ABOUT (1) THE RELIABILITY, AVAILABILITY, SAFETY, OR SECURITY OF THE SERVICES; (2) THE FEATURES AVAILABLE THROUGH THE SERVICES OR WHETHER THE SERVICES WILL MEET YOUR EXPECTATIONS; (3) WHETHER THE CONTENT PROVIDED TO THE SERVICES IS APPROPRIATE, AUTHENTIC, LEGAL, SAFE, OR FIT FOR A PARTICULAR PURPOSE; OR (4) WHETHER YOUR CONTENT WILL BE ACCESSIBLE ON THE SERVICES.
    2. Liability Limits. EXCEPT AS REQUIRED BY APPLICABLE LAW, PEACHIE (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES), WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNATIVE DAMAGES RELATED IN ANY WAY TO THE SERVICES, THE TERMS, OR ANY THIRD-PARTY SERVICE INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS OPPORTUNITIES, OR GOODWILL. PEACHIE WILL ALSO NOT BE RESPONSIBLE FOR ANY CONTENT, DATA, OR OTHER INFORMATION PROVIDED TO THE SERVICES THAT IS DAMAGED, LOST, OR CORRUPTED. IN NO EVENT WILL PEACHIE’S AGGRAGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF (1) $100 OR (2) THE AMOUNT YOU PAID US IN THE PAST TWELVE (12) MONTHS. THIS PROVISION APPLIES TO ALL CLAIMS, REGARDLESS OF WHETHER THEY ARE BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
    3. Limitation on Legal Action. YOU AND WE AGREE THAT ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES, OR IT IS PERMANENTLY BARRED.
    4. Indemnification. To the extent allowed by applicable law, you agree to defend, indemnify and hold harmless Peachie, its Affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, but not limited to, attorney's fees) arising from: (i) your use of and access to the Services or any Third-Party Services; (ii) your violation of the Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim or allegation that your Content caused harm or damage to a third party.
    5. Limited Warranty. As part of the Services, Peachie allows qualifying users to buy cookbooks that contain Content from participating creators. As explained above, Peachie does not make any warranty, guarantee, or other representation about the Content in the cookbooks, including any warranty about the Content’s safety, authenticity, legality, or fitness for a particular use. Subject to the foregoing and the other disclaimers and limitations described in the Terms, Peachie warrants the cookbooks bought as part of the Services (each a “Covered Product”) will be substantially free of defects in materials and workmanship for three (3) months after the date of purchase. Notwithstanding the foregoing, the limited warranty described in this section does not apply to any minor defect or any defect caused in whole or in part by (i) any unreasonable, excessive, or improper use or storage of a Covered Product, including any misuse, abuse, neglect, or exposure to excess moisture; (ii) any alteration, modification, change, or repair made to a Covered Product without Peachie’s consent; (iii) any third-party act or act of nature; (iv) any improper packing or shipping of a Covered Product; or (v) any other cause that does not directly relate to a defect in materials or workmanship made at or about the time of the Covered Product’s creation and assembly. The limited warranty described in this section is not transferrable and only applies to the original buyer. A buyer’s sole and exclusive remedy under this limited warranty is the replacement of the Covered Product, which is subject to any reasonable request Peachie may make, including, but not limited to, requests for proof of purchase, for evidence of the defect, for the return of the defective product, or for payment of the shipping costs of a replacement product.
  10. How to reach us. For questions or information about the Terms or the Services, please send us an email at customerservice@peachie.recipes. By using the Services, you agree we can send you information electronically, and you agree your electronic agreement is the same as your signature on paper.
  11. Miscellaneous
    1. Using the Services does not give you ownership of or rights to any part of the Services, and we reserve all rights that are not expressly given to you under the Terms.
    2. Peachie reserves the right, at any time and for any reason, to change, suspend, or terminate any of the Services provided to you, to other users, or to users in general. We will not be liable to you or anyone else if we decide to exercise this right, even if it impacts your income.
    3. We may change the Terms from time to time. Except as may be reasonably necessary to comply with applicable law, we will let you know about any material change to the Terms in advance. If you do not agree to any change to the Terms, you should remove your Content and stop using the Services. Your continued use of the Services constitutes your acceptance of the changes to the Terms.
    4. You may not assign any of your rights or obligations under the Terms without our prior written approval. We may assign any of our rights or obligations: (a) to any of our affiliates; or (b) in connection with any merger, consolidation, reorganization, sale of all or substantially all our assets, or any similar transaction. Any attempt to assign in violation of this section is void in each instance. Subject to the restrictions outlined above, the Terms will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.
    5. Except as outlined in Section 8(a), the Terms are governed by the laws of the State of Utah, without respect to any conflict of laws principles. Any claim or dispute between you and us that arises in whole or in part from the Terms or the Services will be decided exclusively by a court of competent jurisdiction located in Utah County, Utah. Each party consents to the exclusive jurisdiction and venue of those courts, and each party waives any jurisdictional or venue defenses otherwise available to it.
    6. You represent and warrant that: (i) you are at least 18 years old; (ii) you have read and understand all of the Terms, and you intend to be bound by them; (iii) you have not been previously removed or prohibited from using the Services; (iv) your participation in the Services will not violate any applicable law (including any applicable ordinances, rules, regulations, orders, or other requirement of any applicable government authority); (v) you have the right, power, and authority to enter into the Terms and perform the obligations required under the Terms; and (vi) by agreeing to the Terms and performing your obligations, you will not violate any other agreement to which you are bound.
    7. The captions and section and paragraph headings used in the Terms are for convenience only and will not affect the meaning or interpretation of the Terms.
    8. If any provision of the Terms is held to be invalid or unenforceable, that provision will be eliminated or limited to the minimum extent necessary so the parties’ intent is given effect, and the remainder of the Terms will have full force and effect.
    9. The Terms represent the entire agreement between us and you with respect to the Services, and it supersedes all previous agreements and communications with respect to the Services.