Terms of Service

These Terms of Service ("Terms") govern your use of the website at foodishmedia.com (the "Site"), which is operated by Foodish Media ("Foodish Media," "we," "us," or "our"), a creator economy agency operating in Canada.

Please read these Terms carefully. By accessing or using the Site, you agree to be bound by them. If you do not agree, please do not use the Site.

1. Acceptance of terms

By accessing the Site, submitting our contact form, or otherwise communicating with us through the Site, you confirm that you are at least the age of majority in your jurisdiction and that you have read, understood, and accepted these Terms. If you are using the Site on behalf of a company or other entity, you represent that you have authority to bind that entity to these Terms.

2. About the service

The Site is an informational marketing website for Foodish Media. It describes our agency services, showcases our work, and lets prospective clients and partners contact us. The Site is not a transactional or e-commerce platform — no goods or services are sold, ordered, or paid for through it. Any services we ultimately provide will be governed by a separate written agreement.

3. Intellectual property

3.1 Our content

All content on the Site — including text, graphics, logos, images, photography, video, audio, design, layout, and code — is owned by Foodish Media or its licensors and is protected by Canadian and international copyright, trademark, and other intellectual property laws. Except as expressly permitted, you may not copy, reproduce, modify, distribute, publish, or create derivative works from any part of the Site without our prior written consent.

"Foodish Media" and our logo are trademarks of Foodish Media. You may not use them without our prior written permission.

3.2 Your content

Any information, text, or materials you submit through our contact form or by emailing us ("Your Content") remain yours. By submitting Your Content, you grant Foodish Media a limited, non-exclusive, royalty-free licence to use, store, and reproduce it for the purpose of responding to your inquiry and, where applicable, providing services to you. You represent that you have the right to share Your Content with us and that it does not infringe any third party's rights.

4. User conduct

When using the Site, you agree not to:

• Violate any applicable law or regulation;
• Submit false, misleading, defamatory, harassing, threatening, or unlawful content;
• Infringe anyone's intellectual property, privacy, or other rights;
• Use the Site to send spam or unsolicited commercial messages;
• Upload viruses, malware, or other malicious code;
• Attempt to gain unauthorized access to the Site, its servers, or related systems;
• Use bots, scrapers, or automated tools to access the Site without our written permission; or
• Interfere with the proper operation of the Site or other users' experience.

We reserve the right to refuse service, remove content, or restrict access at our sole discretion.

5. Disclaimer of warranties

THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, FOODISH MEDIA DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.

We do not warrant that the Site will be uninterrupted, secure, error-free, or free of viruses or other harmful components, or that any defects will be corrected. Any information on the Site is for general informational purposes only and does not constitute professional, legal, financial, or other advice. You use the Site at your own risk.

6. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, FOODISH MEDIA AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In any case, our total aggregate liability arising out of or relating to the Site or these Terms — whether in contract, tort (including negligence), statute, or otherwise — will not exceed one hundred Canadian dollars (CAD $100).

Some jurisdictions do not allow certain limitations of liability, so portions of this section may not apply to you. Nothing in these Terms limits liability that cannot be limited under applicable law.

7. Indemnification

You agree to indemnify, defend, and hold harmless Foodish Media and its directors, officers, employees, contractors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Site; (b) your breach of these Terms; (c) Your Content; or (d) your violation of any applicable law or third-party right.

8. Third-party services and links

The Site relies on third-party services (for example, Google Firebase for hosting) and may link to third-party websites. We are not responsible for those services or sites, their content, or their practices. Your interactions with third parties are solely between you and them.

9. Governing law

These Terms and any dispute arising out of or related to them or the Site are governed by the laws of Canada, without regard to conflict-of-laws principles.

10. Dispute resolution and jurisdiction

You agree that any dispute arising out of or relating to these Terms or the Site will be brought exclusively in a court of competent jurisdiction in Canada, and you irrevocably submit to the jurisdiction of that court. Before initiating a claim, you agree to first contact us at hello@foodishmedia.com to attempt to resolve the issue informally.

11. The Heart The Dish Guide

The Heart The Dish guide (the "Guide"), and any listing, feature, Heart, tier, rating, recognition, or other inclusion within it, is wholly editorial and is provided at Foodish Media's sole and absolute discretion. Inclusion in the Guide is not for sale and cannot be purchased, earned through payment, or guaranteed by any means.

Engaging Foodish Media's paid services — including any subscription, retainer, or other commercial arrangement — confers no right to, and creates no expectation of, any listing, feature, Heart, tier, rating, or recognition in the Guide. Editorial decisions are made independently of any commercial relationship.

Foodish Media may, at any time and in its sole and absolute discretion, add, decline, modify, withhold, or remove any business, listing, or content from the Guide, for any reason or for no reason, with or without notice, and permanently, with no liability to any party.

12. Content ownership and licence

Unless a signed written agreement between you and Foodish Media expressly provides otherwise, Foodish Media retains all right, title, and interest — including all intellectual property rights and copyright — in and to all content it creates, including video, photography, edits, and other creative works (the "Content").

Where Foodish Media delivers Content to a client, the client is granted a limited, non-exclusive, revocable licence to use the delivered Content solely for the purposes agreed in writing. This licence does not transfer ownership of the Content or any underlying materials.

Foodish Media retains ultimate and exclusive ownership of the Content and of the underlying materials, and may use, reproduce, and display the Content for its own portfolio, marketing, and the Guide.

13. Changes to these Terms

We may update these Terms at any time. When we do, we'll revise the "Last updated" date at the top. Material changes will be announced on the Site. Your continued use of the Site after changes take effect constitutes acceptance of the updated Terms. If you do not agree, please stop using the Site.

14. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect. The invalid or unenforceable provision will be deemed modified to the minimum extent necessary to make it valid and enforceable, consistent with the original intent.

15. Entire agreement

These Terms, together with our Privacy Policy and Cookie & Tracking Policy, constitute the entire agreement between you and Foodish Media regarding your use of the Site, and supersede any prior agreements on the same subject. Any services we provide to you under a separate written agreement will be governed by that agreement, which prevails over these Terms in case of conflict.

16. Contact

Questions about these Terms? Get in touch:

Foodish Media
Email: hello@foodishmedia.com