Terms and Conditions for Use of FoodiesUSA.com Website

IMPORTANT--READ CAREFULLY: These Terms and Conditions are a legal contract between You (“You”--either an individual or a single business entity) and FoodiesUSA.com, Inc. (“FoodiesUSA.com”), regarding use of  the FoodiesUSA.com Website, associated media, printed materials, and online or electronic documentation (collectively, the "Service").

BY REGISTERING FOR MEMBERSHIP OR BY USE OF THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY, PRIVACY POLICY AND TERMINATION PROVISIONS BELOW. IF YOU DO NOT AGREE TO SUCH TERMS AND CONDITIONS, DO NOT USE THIS SITE OR ITS SERVICE AND EXIT NOW.

These Terms and Conditions may change from time to time without notice.  You are responsible for checking them from time to time for updates and for adhering to those updated terms.

Levels of Privilege/Nature of Site Access

  • Foodie: Basic free membership for fans of food
  • Chef (Basic): Free membership for Chefs to connect with their fans.
  • Chef (Featured): For USD $19.95 per year, you'll be listed on our "Featured Chefs" page in addition to having all the features of our basic chef account.
  • Restaurant (Basic): USD $24.95 per year for basic restaurant account. Connect with your customers, the people who love food the most!
  • Restaurant (Featured): For USD $99.95 per year, get all the features of our Basic Restaurant account, plus priority listing in restaurant search results and listing on our "Featured Restaurants" page! You will also be allowed space for three additional images!

 

Children under 14 may not post photos or any personally identifying information or material on a publicly accessible part of the Site.  Any such material discovered by or reported to FoodiesUSA.com will be removed. 

Use Limitations:  No user of the Site may (1) take any action that imposes an unreasonable load on the Site's infrastructure, (2) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site, (3) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Site, (4) delete or alter any material posted by any other person or entity, or (5) frame or link to any of the materials or information available from the Site.

Information and materials posted by FoodiesUSA.com are not warranted to be free of errors, other deficiencies or potential interruptions. In addition, others to post other information and materials may use the Site, including changes or additions; FoodiesUSA.com gives no assurance whatsoever regarding such information or materials. Information and materials posted by others is considered non-confidential. In no event should the availability of such information and materials be construed as an indication they have been validated by FoodiesUSA.com or represent the views of FoodiesUSA.com.   Foodies USA does not monitor all submissions to the Site, but reserves the right to do so and to remove or edit anything that is in violation of these terms of use or other policies of FoodiesUSA.com.

If You submit any information to our Site, You agree not to (1) post or transmit anything that is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) post or transmit pyramid schemes or chain letters or conduct gambling, (3) post or transmit anything that violates the copyright, trademark or other intellectual property rights of any person or entity, (4) post or transmit a virus or any other harmful component, or (5) contact other Site users through unsolicited e-mail, telephone calls, mailings or any other method of communication.

When retrieving information from our Site, You are prohibited from (1) using or attempting to use spiders, robots, avatars, intelligent agents, or any other extraction or navigation search except for a normal browser, (2) aggregating, copying or duplicating any of the materials or information available from the Site except for the small amount of materials and information temporarily required for an ordinary single use of the Site, or (3) accessing data not intended for such user.

Should You decide to submit, enter or transmit through use of the Service information or materials of any kind, You are responsible for ensuring that You may do so and that such information and materials may be accessed, used, copied, distributed and adapted by FoodiesUSA.com without liability or restriction. You are responsible for making sure all information and materials that You originate or require are properly backed up so You have ready access thereto in the event of loss, corruption or interruption.

As explained further below in the Intellectual Property Rights Section, You are authorized to access, use and copy information and materials available through the Service only for personal use and not for resale or duplication except through the Service. Except as authorized in use of the Services, the information and materials, including pages and content, may not be copied, distributed, modified, published, or transmitted in any other manner, including for use for creative work or to sell or promote other products. Violation of this policy may result in infringement of intellectual property and contractual rights and could result in substantial civil and criminal penalties. FoodiesUSA.com and other identified marks are service marks of FoodiesUSA.com Incorporated and may not be used without our written permission.

 

Use of Site and Storage of Material

You acknowledge that we may establish general practices and limits concerning use of the services available on our site, including without limitation the maximum number of days that uploaded content will be retained on the site, the maximum disk space that will be allotted or our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this site. You acknowledge that we reserve the right to log off accounts which have not paid a subscription fee or that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.

We provide storage space and access for material through our site. For purposes of these Terms of Use, “material“ refers to all forms of communication that we may allow, including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings. You may not use this site to publish material that we determine, at our sole discretion, to be unlawful, indecent, or objectionable, or which violates the restrictions described in “Use Limitations“ above. We will not routinely monitor the contents of your online portfolio. You are solely responsible for any information contained in your online portfolios. However, if complaints are received regarding language, content, or graphics contained in your online portfolio, we may, at our sole discretion, remove the images hosted on our servers and terminate your Web hosting service. We may also suspend the account, restrict access to it, or remove content from it if necessary or appropriate.

The accounts of our users operate on shared resources. Excessive use or abuse of these shared network resources by one user may have a negative impact on all other users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited and may result in termination of your account or limitation of your activities.

Any other access to or use of this Site or its contents is unauthorized.   The permission granted under these Terms and Conditions is void where prohibited.  User represents and warrants that its use of the Site will not violate any applicable law.  Foodies USA reserves the sole right to either modify or discontinue the Site and its Services, at any time.   

Violation of these terms and conditions will result in exclusion from the Site and engender damages where third party rights are involved.    Anyone that discovers content on the Site in violation of the Site Terms or Policies may flag the content and provide a reason to the Site administrator at customerservice@FoodiesUSA.com.    Foodies USA may terminate any free account in its sole discretion.  For paid accounts, grounds for removal of content and banning from the Site include violation of the terms and conditions of use.

 

User Information:  Any information submitted on the Site may be potentially publicly accessible. You are solely responsible for protection of Your Important and private.  FoodiesUSA.com is not liable for protection of privacy of information transferred through the Internet or any other network provider that You may use.  Please see our Privacy Policy for further detail.

Our network resources may not be used to impersonate another person or misrepresent authorization to act on behalf of others or us. All messages transmitted through the Site should correctly identify the sender;  You may not alter the attribution of postings.

FoodiesUSA.com maintains and control ownership of all IP numbers and addresses that may be assigned to You. FoodiesUSA.com reserves, in its sole discretion, the right to change or remove any and all IP numbers and addresses.

By registering, You certify that the information You provide on the registration form is accurate and pertains only to You. You are responsible for maintaining the confidentiality of the password You are assigned. Your password should not be shared with any other person.  You also certify that You own the intellectual property rights associated with any items uploaded by You onto the Site and agree to abide by the Intellectual Property Rights Terms of this Site.

Foodies USA reserves the right to deactivate or suspend use of Services for any reason.

 

LIMITATION OF LIABILITY. 

ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS“ AND “AS AVAILABLE“ BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE 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 LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

FoodiesUSA.com is not responsible in any manner for the content that is uploaded onto its site or that might be found by linking from the Site to a third party website. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.

 

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

Upon our request, you agree to defend, indemnify, and hold Foodies USA and its Affiliates harmless from all liabilities, claims, and expenses, including attorney's fees, which arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

 

INTELLECTUAL PROPERTY RIGHTS

 

Users of the FoodiesUSA.comSite must agree to respect all intellectual property rights contained in the Site.  This includes any text, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our site. When You register for use of the Site or “accept” the Terms and Conditions to visit the Site, You agree to comply with these rights.  Breach of these conditions to use will result in termination of all Site privileges and may bring third party liability.  Neither FoodiesUSA.com nor its Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties.

Copyrights:  protect works of art, photos, music, videos, writings and software, among other works from copying or distribution of any kind without permission of the owner.  No registration is needed for copyright protection to apply.  To respect copyright law, FoodiesUSA.com requires Members uploading material to verify that it is their own original content.  By taking advantage of the upload feature, Members confirm rights in the content and agree to allow FoodiesUSA.com to host copies of the material on its servers and have the content appear on the Site.  Users may not copy verbiage or images or sounds or content of any kind from the Site except as permitted by the content owner or Foodies USA.  Use of any content outside of the context of the Services provided on the Site requires a license from FoodiesUSA.com.  To notify Foodies USA of a violation, please use the link near the content to flag it or send the specific information regarding the copyrighted work, registration, and the infraction to customerservice@FoodiesUSA.com.

If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed'

2. Identification of the copyrighted work claimed to have been infringed;

3. Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

4. Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;

5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and

6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about who repeat claims of copyright infringement are received will be terminated.

Designated Agent for Claimed Infringement: Contact customerservice@FoodiesUSA.com.

 

You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site 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 as provided in the Digital Millennium Copyright Act.

Trademarks:  Trademarks and Service marks are used to promote goods and Services.  Use of FoodiesUSA.com’s service marks requires a written license.   Members must agree to represent that they own the right to use any trademarks or service marks that they incorporate into content on the Site.  To notify FoodiesUSA.com of trademark infringement on the Site, please email customerservice@FoodiesUSA.com.  Nothing in these Terms of Use grants any license to use of Foodies USA or its Affiliates’ marks.

Right of Publicity:  The right of publicity protects a person’s name, signature or likeness from being used without permission.  No items may be uploaded to the Site featuring celebrities or any other individual without proof of that individual’s permission.  Please use the link near the content to flag this issue or address detailed complaints to customerservice@FoodiesUSA.com.

Trade Secrets/Proprietary Information:  This is confidential and proprietary information of commercial value.   The Site may not be used to post any such information from any third party.

 

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