CHEFSHEET

ACCEPTANCE OF THESE TERMS

By using or accessing any Chef Sheet Products you agree to become bound by all the Terms and Conditions set forth in this document. You may use the Chef Sheet Products only if you can form a binding contract with Magical Market, Inc. If you are accepting these Terms and using the Chef Sheet Products on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. If you do not or cannot agree to all the Terms you should not use, and you are not permitted to use, any Chef Sheet Product.

MODIFICATION TO THESE TERMS AND CONDITIONS

Magical Market, Inc. reserves the right to amend these Terms at any time. In the event of a change to this policy that, in our sole discretion, is material, the amended Terms will be posted where the previous versions have been and/or in other analogously similarly conspicuous locations if the site design should change. If you have supplied an email address in order to engage with any Chef Sheet Products you will also receive an email notifying you of these modifications. Your further use of any Chef Sheet Products after we post any revised Terms will reflect your acceptance of such revised Terms.

USER ACCOUNTS

Use the Chef Sheet Products provided by Magical Market, Inc. requires registering a master user account ("Master Account") in order to associate user data and access privileges with a specific customer establishment (i.e., restaurant). There may be only one Master Account per establishment. Users must supply a valid email address upon registering and keep a current one associated with the account.

You shall be responsible for all uses of your Master Account, regardless of whether such use was authorized by you or not. You agree to immediately notify Magical Market, Inc. of any unauthorized use of your Master Account. You may allow employees or agents to use the Master Account in order to use the Chef Sheet Products on your behalf, but you shall retain responsibility for all such use and ensure that it complies with these Terms.

PREMIUM ACCESS

There is no charge for registering a basic Master Account. Master Accounts may be upgraded to premium levels entitled to additional access to Chef Sheet Products subject to a fee schedule published on the Chef Sheet website. These fees are non-refundable and will be automatically renewed monthly unless you have provided 30 days advance notice to premium@chefsheet.com that you wish to discontinue premium access.

THE CHEF SHEET APP

To use certain features to the Chef Sheet Products users will need to download, install, and run the Chef Sheet smartphone application (the "App") available in the iTunes and Android application marketplace. Access to these apps are subject to the terms and conditions of the relevant marketplace and smartphone vendor. Use of the App requires a live data connection to the phone, which will not be supplied by Magical Market, Inc. This App is not to be decompiled, copied, or redistributed in any way without the express written permission of Magical Market, Inc. Use of the App is "as is." Magical Market makes no warranties as to its function or fitness for any purpose.

USER DATA

Chef Sheet Products are designed to help users manage their own data. Use of these Products requires data to be entered as truthfully and accurately as possible. You represent and warrant that all data you enter into the Chef Sheet Products is your own, that you have the right to enter such data into the application, and that by so doing you are not infringing on the rights of any other party or breaching the terms of any agreement by which you are bound. Knowingly entering false information or information that contravenes the rights of another party or agreement constitutes a violation of these Terms. In such event permission to use the Chef Sheet Products may be withdrawn at the sole discretion of Magical Market, Inc.

In entering data into Chef Sheet Products users grant Magical Market, Inc. an unlimited, world-wide, royalty-free license to use that data in Chef Sheet Products. In the event Magical Market, Inc. goes through a business transition, such as a merger, acquisition by another company, or sale of a portion of its assets, this data, and the license to use it, will, in most instances, be part of the assets transferred.

NO RESALE OR UNAUTHORIZED USE

You may not resell or assign your rights or obligations under these Terms.

You may use the Chef Sheet Products only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Magical Market, Inc. reserves the right to terminate permission to use any Chef Sheet Product at any time for any reason at its sole discretion.

DISCLAIMER OF WARRANTY FOR SERVICES

MAGICAL MARKET, INC. DOES NOT WARRANT THAT CHEF SHEET PRODUCTS WILL OPERATE ERROR-FREE, BE CONTINUOUSLY AVAILABLE, OR THAT THEY WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPUTER COMPONENTS. NOR DOES MAGICAL MARKET, INC. WARRANT THAT THE DATA SUPPLIED BY OR CONTAINED WITHIN CHEF SHEET PRODUCTS, INCLUDING DATA GENERATED BY CHEF SHEET USERS, IS ACCURATE, ERROR-FREE, OR RELIABLE. MAGICAL MARKET, INC.'S PRODUCTS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. MAGICAL MARKET, INC. DISCLAIMS ALL WARRANTIES REGARDING THE PRODUCTS AND DATA DESCRIBED IN THESE TERMS, WHETHER EXPRESS OR IMPLIED INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. MAGICAL MARKET, INC. MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS AND LINKS FEATURED IN ITS PRODUCTS, DATA, EMAIL NEWSLETTERS AND WEBSITES.

LIMITATION OF LIABILITY

IN NO EVENT SHALL MAGICAL MARKET, INC. OR ITS OFFICERS, DIRECTORS, OWNERS, AND AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER (OTHER THAN DIRECT DAMAGES) INCLUDING, WITHOUT LIMITATION, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, RESULTING FROM YOUR USE OR INABILITY TO USE MAGICAL MARKET, INC. PRODUCTS OR DATA, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT MAGICAL MARKET, INC. IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNITY

You agree to defend, indemnify, and hold harmless Magical Market, Inc., its officers, directors, owners and affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands including without limitation reasonable legal and accounting fees, resulting from any third party claims arising out of (i) any content or other material you provide in your use of Magical Market, Inc. Services, or (ii) your breach of the terms of these Terms. Magical Market, Inc. shall provide notice to you promptly of any such claim, suit, or proceeding.