PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING FOODIA, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS SERVICE.
These terms and conditions of use ("Terms") apply exclusively to your access to, and use of, FOODIA, a FOODIA, Inc. website and application suite, ("FOODIA"), located at www.foodia.com (the "Service") or on a mobile device or service. These Terms do not alter in any way the terms or conditions of any other agreement you may have with FOODIA, or its subsidiaries or affiliates, for products, services or otherwise. If you are using the Service on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity's behalf, and that such entity agrees to indemnify you and FOODIA for violations of these Terms.
FOODIA reserves the right to change or modify any of the terms and conditions contained in the Terms or any policy or guideline of the Service, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting of the revisions on the Service, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Service following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Service. If you do not agree to the amended terms, you must stop using the Service.
All questions or comments about the Service or its contents should be directed to FOODIA.
Unless otherwise indicated in the Service, the Service and all content and other materials on the Service, including, without limitation, the FOODIA logo, and all designs, text, graphics, pictures, videos, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Service Materials") are the proprietary property of FOODIA or its licensors or users and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Service and electronically copy, (except where prohibited without a license) and print to hard copy portions of the Service Materials for your informational, non-commercial and personal use only. Such license is subject to these Terms and does not include: (a) any resale or commercial use of the Service or the Service Materials therein; (b) the collection and use of any reviews, listings, pictures, videos or descriptions; (c) the distribution, public performance or public display of any Service Materials, (d) modifying or otherwise making any derivative uses of the Service and the Service Materials, or any portion thereof; (e) use of any data mining, crazy robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Service, the Service Materials or any information contained therein, except as expressly permitted on the Service; or (g) any use of the Service or the Service Materials other than for its intended purpose. Any use of the Service or the Service Materials other than as specifically authorized herein, without the prior written permission of FOODIA, 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 shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, FOODIA has adopted a policy of terminating, in appropriate circumstances and at FOODIA's sole discretion, subscribers or account holders who are deemed to be repeat infringers. FOODIA may also at its sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that anything on the Service infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Service, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's address in our records.
"FOODIA," the FOODIA logos and any other product or service name or slogan contained in the Service are trademarks of FOODIA and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of FOODIA or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "FOODIA" or any other name, trademark or product or service name of FOODIA without our prior written permission. In addition, the look and feel of the Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of FOODIA and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You are granted a limited, non-exclusive right to create a text hyperlink to the Service for noncommercial purposes, provided such link does not portray FOODIA or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a FOODIA logo or other proprietary graphic of FOODIA to link to this Service without the express written permission of FOODIA. Further, you may not use, frame or utilize framing techniques to enclose any FOODIA trademark, logo or other proprietary information, including the images found at the Service, the content of any text or the layout/design of any page or form contained on a page on the Service without FOODIA's expressed written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of FOODIA or any third party.
FOODIA makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Service, or Web sites linking to the Service. Such sites are not under the control of FOODIA and FOODIA is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. FOODIA provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by FOODIA of any site or any information contained therein. When you leave the Service, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Service.
FOODIA may provide third party content on the Service and may provide links to Web pages and content of third parties (collectively the "Third Party Content") as a service to those interested in this information. FOODIA does not monitor or have any control over any Third Party Content or third party Web sites. FOODIA does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. FOODIA does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.
Advertisements and Promotions; Third-Party Products and Services FOODIA may run advertisements and promotions from third parties on the Service or may otherwise provide information about or links to third-party products or services on the Service. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. FOODIA is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non- FOODIA advertisers or third party information on the Service.
You acknowledge and agree that all reviews and ratings submitted to the Service and any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding the Service, FOODIA or FOODIA's products or services that are provided by you in the form of email or other submissions to FOODIA, or any postings on the Service, are non-confidential and shall become the sole property of FOODIA. FOODIA shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
If you post User Content to the Service, unless we indicate otherwise, you grant FOODIA and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant FOODIA and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Service; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
In consideration of your use of the Service, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Service ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to FOODIA, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to FOODIA.
You agree to defend, indemnify and hold harmless FOODIA, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Service or your use of the Interactive Areas, including without limitation any actual or threatened suit, demand or claim made against FOODIA and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the User Content, your conduct, your violation of these Terms or your violation of the rights of any third party.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY FOODIA, THE SITE, THE SITE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE "SERVICES") ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. FOODIA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT AND MATERIALS IN THE SITE. FOODIA DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. FOODIA DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
FOODIA IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE FOODIA ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND THE SERVICES SAFE, FOODIA CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
FOODIA reserves the right to change any and all content contained in the Service and any Services offered through the Service at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by FOODIA.
IN NO EVENT SHALL FOODIA, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM FOODIA, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO FOODIA 'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FOODIA, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO FOODIA FOR ACCESS TO OR USE OF THE SITE.
These Terms and your use of the Service shall be governed by and construed in accordance with the laws of the State of California, applicable to agreements made and to be entirely performed within the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in San Francisco County, California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
Notwithstanding any of these Terms, FOODIA reserves the right, without notice and in its sole discretion, to terminate your license to use the Service, and to block or prevent future your access to and use of the Service.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Questions or comments about the Service may be directed to FOODIA via email.