Welcome to the website of Spoons (“Spoons”, “Spoons PDX”, "Spoons on 13th"), based in Portland, Oregon.
Please read the following terms and conditions of use (the “Terms”) carefully before using this website. These Terms govern your use of https://www.spoonspdx.com (the “Site”) and is binding between you and Spoons. These Terms also apply to Spoons content which may be found on many social media platforms such as Facebook and Instagram (collectively this Site and these other platforms are the “Spoons Platforms”).
We may modify, add to, or delete portions of these Terms at any time by posting updated Terms and any modifications, additions, or deletions to these Terms will become effective immediately upon posting, although any changes will only take effect prospectively, from the date of the change. You agree that your continued use of Spoons Platforms following the posting of updated Terms indicates your consent to those changes.
1. Purpose of This Site and Spoons Platforms
Spoons Platforms are made available to you solely for transactional, informational, educational, entertainment, and noncommercial use. You may not use any content from Spoons Platforms for any commercial purpose unless you obtain our prior written consent. Any content you access via the Site is made available subject to the limitations set forth in these Terms.
2. Our Copyrights
Spoons Platforms, including both the editorial content and the code used in programming of Spoons Platforms, are protected by U.S. and international copyright laws. You are granted a limited license to access this content solely for your non-commercial use. You may not access this Site for competitive purposes or to otherwise mine data about our products and services or our subscribers or others that access Spoons Platforms.
Except as explicitly provided in these Terms, you may not reproduce, distribute, transmit, display, prepare derivative works, perform, or use in any other way that is prohibited by copyright law without consent of the copyright holder, any copyrighted material found on Spoons Platforms.
3. Our Trademarks
The Spoons name, wordmark, “Spoons” logo, and any affiliated logos or marks are trademarks or service marks of Spoons. Spoons reserves all rights to these marks. You may not use any of the Spoons marks, logos, or graphics without the prior written consent of Spoons. All other trademarks and service marks appearing on Spoons Platforms are the property of their respective owners, and should be used only with prior written consent from the appropriate owner.
4. Third Party Content
Spoons Platforms may contain links to sites and services, and use embedded tools provided and controlled by third parties and governed by the terms of service of those third parties. Spoons is not responsible in any way for third party sites, services, or products that may be linked to, embedded in, featured on, or otherwise used via Spoons Platforms or for any products or services that may be advertised by third parties thereon. Spoons does not endorse the content, operators, products, or services of these providers, and users should review these providers’ own terms of service for more information.
5. General Rules
You may only use Spoons Platforms for noncommercial purposes. You may not use Spoons Platforms to distribute or otherwise publish any material containing any solicitation of funds, advertising, or solicitation for goods and services.
Spoons Platforms are intended for users over the age of 13.
Spoons may delete, edit, or move any user-generated material that we believe may be objectionable or in violation of these Terms or for any other reason in our sole discretion. Spoons may limit or terminate users’ access to Spoons Platforms for any reason, including violation of these Terms.
6. Discussion/Commenting Guidelines
If you participate in any discussions or leave comments on Spoons Platforms you agree to the following additional rules.
Be civil and please respond insightfully and respectfully. There is room for disagreement, but personal attacks will not be tolerated.
Please stay on topic. If you have general questions or concerns about or with Spoons, please use our contact page.
You may link to or quote from relevant articles, but do not copy and paste entire or large portions of articles.
Spoons welcomes your thoughts, but may remove or edit comments at our discretion, including for excessive length.
Submissions must be civil and respectful. Hateful, harassing, or discriminatory language will not be tolerated on the digital platforms. Spoons may delete any content that contains foul language, or may be otherwise inappropriate, without warning. In the case of repeated offenses, Spoons may terminate your posting privileges.
You may only post, upload, or transmit materials for which you own the copyright or have permission to distribute electronically. This includes newspaper or magazine articles, song lyrics, audio, video, photos, and images. You may not violate, plagiarize, or infringe the rights of third parties, including copyright, trademark, trade secret, privacy, personal, publicity, moral, or proprietary rights.
Except as noted below, by posting, uploading, or transmitting any material on or through Spoons Platforms, you hereby grant Spoons a non-exclusive, irrevocable, sublicensable, perpetual, royalty-free, worldwide license to use that material in any form or media now known or hereinafter developed. Our rights to material you post or transmit on Spoons Platforms include the right to use such content in advertising or promotions without any payment of any kind to you. This provision does not apply to any submission made via the Site for consideration of material for publication.
You may not link to, post, upload, or transmit any software or other material which contains a virus or other harmful or malicious code. You may not use Spoons Platforms to distribute chain letters, mass mailings, or spam or to gather e-mail addresses for the purpose of sending spam to other users of Spoons Platforms.
7. Non-proprietary Treatment of Information You Provide Via the Site
Written Submissions: You may submit materials to Spoons via the Site. By submitting this material you are representing and warranting that you own all rights to the materials being submitted and that no third party consent or payment is necessary for Spoons to publish the material. Specifically, you represent and warrant that any work you submit is original and not copied from any third party.
Other Materials Submitted to Spoons: Any communication you make with us via Spoons Platforms will be treated as non-proprietary. Spoons is free to use any idea, concept, or invention created by you and transmitted to it via Spoons Platforms notwithstanding any limiting language you may use when transmitting such information.
If you do not want us to use your idea unless we pay you a fee, or agree to other terms, do not transmit it to us via Spoons Platforms.
8. Your Representations and Warranties; Indemnity
You represent and warrant that any material you post, upload, or transmit on or through Spoons Platforms (a) does not violate any intellectual property rights of any third party, (b) does not and will not violate any of these Terms, (c) does not violate any United States law, (d) your use of Spoons Platforms complies with these Terms.
You agree that you will indemnify and hold harmless Spoons and its directors, officers, employees, and licensees from any and all claims, liabilities, costs, or expenses, including reasonable attorneys’ fees, arising from (1) your breach of any of the above representations and warranties, (2) your wrongful use of Spoons Platforms, (3) the materials you have posted, uploaded, or transmitted on or through Spoons Platforms, or (4) Spoons’ distribution, or use of such materials.
Spoons Platforms are available on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including warranties of title or implied warranties of merchantability or fitness for a particular purpose. Spoons does not warrant that Spoons Platforms will be uninterrupted or error-free. Spoons also does not make any warranties as to the results that may be obtained from use of Spoons Platforms or as to the accuracy, reliability, or content of any information, service, products, opinions, or statements available on or through Spoons Platforms or through links thereon. Use of Spoons Platforms is entirely at your own risk.
10. Limitation of Liability
In no event will Spoons, its directors, officers, or employees be liable for any indirect, consequential, special, incidental, or punitive damages, arising out of the use or inability to use Spoons Platforms. In no event will Spoons, its directors, officers, or employees be liable for any monetary amount.
If you believe that your work has been reproduced on Spoons Platforms in a way that constitutes copyright infringement, please provide the following information in writing to spoonsPDX@gmail.com:
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright.
A description of the copyrighted work that you claim has been infringed.
A description of the material that you claim 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 sufficient to permit us to locate the material.
Your contact information, such as address, telephone number, and e-mail address.
A statement 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.
A statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.
These Terms supersede any previous documents, correspondence, conversations, or other oral or written understanding related to these Terms. These Terms are governed by and construed under the laws of the State of Oregon without regard to its choice of law rules, and, where applicable, the laws of the United States. To the extent permissible by law, any disputes under these Terms or relating to Spoons Platforms will be litigated in the state or federal courts located, and you hereby consent to personal jurisdiction and venue, in the State of Oregon. A modification or waiver of a part of these Terms will not constitute a waiver or modification of any other portion of the Terms. If for any reason any provision of these Terms is found unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of the Terms will continue in full force and effect.
If you have any questions about these Terms, please contact spoonsPDX@gmail.com.
Last Modified August 25, 2021