Terms and Conditions
1. User's Acknowledgment and Acceptance of Terms
2. Description of Services
In order to access some of the Services, you may be required to use an account and password that can be obtained by completing our registration form, which requests certain information ("Registration Data"). By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information in order to keep it current, complete, and accurate. You are responsible for maintaining the confidentiality of your Registration Data and password.
Our Services include a tool that allows you to sign in using information from your account with a third party service, such as Facebook, Twitter, Google, or Evernote. Please be aware that such third party services are unrelated to FoodyChum, and that your use of any third party services is subject to the terms and policies of those services. If you access the Services through a third party service, you allow FoodyChum to access data in your third party service account. You represent that you are entitled to disclose your third party service account login information to us and/or grant us access to your third party service account without breach by you of any of the terms and conditions that govern your use of the applicable third party service and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers.
YOU ACKNOWLEDGE AND AGREE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY SERVICE ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS, AND WE DISCLAIM ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO US BY SUCH THIRD PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD PARTY SERVICE ACCOUNTS.
4. Third Party Websites and Information
You may be able to access, review, display or use third party applications, websites, services, products, content or information via our Services, or our Services may otherwise include references to content, information, documents, software, materials and/or services provided by other parties (“Third Party Materials”). These Third Party Materials are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, validity or any other aspect of the content of such Third Party Materials, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of a link or reference to the Third Party Materials does not imply endorsement of, or association with, the Third Party Materials or the third party by us, or any warranty of any kind, either express or implied. FoodyChum shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third Party Materials by our Users. You acknowledge sole responsibility for and assume all risk arising from your access to, use of, or reliance upon any Third Party Materials. You further assume all responsibility for any charges you may incur for accessing any Third Party Materials.
In some cases, our Services may include certain embedded tools provided and controlled by third parties and governed by the terms and policies of the third parties. You should only use these third party tools if you agree to their respective terms and policies.
5. Intellectual Property Information
6. Unauthorized Use of Materials
Neither we nor our Affiliates warrant or represent that your use of content accessed through our Services will not infringe the rights of third parties.
We respect the intellectual property of others, and we ask you to do the same. If you believe that your copyright, trademark or other property rights have been infringed by content posted on our Website, or accessed through our Services, you should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must:
- Identify in sufficient detail the copyrighted work that you believe has been infringed upon.
- Identify the content that you claim is infringing the copyrighted work that you believe has been infringed upon.
- Provide information reasonably sufficient to permit us to contact you (email address preferred).
- Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address preferred).
- Include a statement that you have a good faith belief that the use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.
- Include a statement that you swear, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that has been allegedly infringed.
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified content from our Services without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication according to the Digital Millennium Copyright Act.
7. Services Use Guidelines
You agree to use the Services only for lawful purposes, and not to violate the rights of third parties. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any third party, and you acknowledge and agree that we are not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using any of the Services. Any unacceptable use may result in immediate termination of your account and suspension of access to Services in the future.
You may not interfere with or disrupt the integrity or performance of our Services, any portion or content thereof, or related systems or networks, or use the Services in any way that degrades their reliability, speed or operation, or their underlying hardware or software. In addition, you may not attempt to gain unauthorized access to the Services or related systems or networks, may not modify, translate, adapt, merge, disassemble, decompile, reverse compile or reverse engineer, or otherwise interfere with or damage any part of the FoodyChum platform, including our Website, Applications and Services, and the FoodyChum server infrastructure. You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of the Services.
8. Applications License
Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store, Windows Store, Google Play marketplace or any similar store or marketing place, you agree to comply with all applicable third party terms of the relevant App Store.
You may not use or otherwise export or re-export our Applications except as authorized by United States law and the laws of the jurisdiction in which our Applications were obtained. By using each of our Applications, you represent and warrant that you are not located in a United States embargoed country. You also agree that you will not use these products for any purposes prohibited by United States law.
9. Disclaimer of Warranties
FoodyChum MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE SERVICES RENDERED. ALL OUR SERVICES AND MATERIALS ON OUR WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FoodyChum EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, OR ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND CONTENT WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE (EXCEPT TO THE EXTENT PROHIBITED UNDER APPLICABLE LAWS), (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR CONTENT WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY SERVICES, PRODUCTS, OR CONTENT OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
OUR SERVICES COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE ARE EXCUSED FROM LIABILITY FOR DISCONTINUATION, NON-DELIVERY, DELAY IN DELIVERY OR IMPOSING LIMITS ON THE USE OF OR ACCESS TO THE SERVICES OR ANY PART THEREOF FOR ANY REASON.
THE USE OF THE SERVICES OR THE DOWNLOADING OF EACH OF OUR APPLICATIONS OR ANY OTHER ACQUISITION OF ANY MATERIALS THROUGH OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
You understand and agree that temporary interruptions of the Services may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of our Services, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that we assume no responsibility for the timeliness, deletion, misdelivery or failure to store any user personalization settings or communications.
10. Limitation of Liability
12. Participation in Promotions
From time to time, our Services may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products through our Services. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
13. International Use
Although our Services may be accessible worldwide, our Services are controlled and operated within the United States. We make no representation that content or materials available through our Services are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. If you choose to access our Services from a location outside the United States, you are responsible for compliance with applicable laws, including local laws regarding online conduct and content and U.S. export laws and regulations.
14. Termination of Use
Upon termination or suspension, regardless of the reasons therefore, your right to use the Services immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information in your account and/or bar any further access to such information or our Services. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
17. Governing Law
Our Services are controlled by us from our offices in California, United States. Our Services can be accessed from the United States, as well as from other countries around the world. By using or accessing our Services you agree that the laws of the State of California, except for its conflict of laws principles, will apply to all matters relating to the use of our Services. Each of us, to the extent permitted by applicable law, hereby irrevocably and unconditionally (i) consents to the personal jurisdiction of the state and federal courts located in San Francisco County, San Francisco; (ii) agrees that any action or proceeding concerning these Terms or the Services will be brought exclusively in such courts.
18. Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY -- IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
19. Limitations Period
21. Entire Agreement
If any provision of these Terms is found to be invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions will continue to be in full force and effect.
Our Services are not directed to individuals under 13. By accessing or using the Services you represent and warrant that you are 18 years old or older, or 13 years old or older and have a parent’s or guardian’s permission to access or use our Services.
FoodyChum reserves the right to monitor you for compliance with these Terms.
23. Feedback and Contact Information