Terms

0 Comments | December 29, 2012

Privacy Policy

Please refer to Foodea’s privacy policy (the “Privacy Policy”) for information on how Foodea collects, uses and discloses personally identifiable information from its users.

General Terms

Foodea.com Inc. (“Foodea”, “we”, “The website”, “The site”) operates Foodea.com and provides a social food portal that enables multifunctional links between people and the food and food service industry. Foodea.com allows members to create unique, personal profiles online in order to better connect and inform the user about food.

This Terms of Use Agreement (“Agreement”) sets forth the legally binding terms for your use of the Foodea Services. By using the Foodea Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Foodea Website, including through a mobile device or otherwise use the Foodea Services without being registered) or you are a “Member” (which means that you have registered with Foodea).  The term “User” refers to a Visitor or a Member. You are only authorized to use the Foodea Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement carefully and save it. If you do not agree to be bound by it or with any of the legal provisions applicable to it and to follow all applicable laws, you should leave the Foodea Website and discontinue use of the Foodea Services immediately. If you wish to become a Member, communicate with other Members and/or make use of the Foodea Services, you must read this Agreement and indicate your acceptance during the Registration process.

These Terms of Service apply to all users of the Foodea Website, including users who are also contributors of video content, photos, recipes, information, and other materials or services on the Website. The Foodea Website includes all aspects of Foodea, including but not limited to all products, software and services offered via the website.

The Foodea Website (including member profiles, see content disclaimer) may contain links to third party websites that are not owned or controlled by Foodea. Foodea has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Foodea will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Foodea from any and all liability arising from your use of any third-party website.

Accordingly, we encourage you to be aware when you leave the Foodea Website and to read the terms and conditions and privacy policy of any other website that you visit.

Foodea may modify this Agreement from time to time and such modification shall be effective upon posting by Foodea on the Foodea Website. You agree to be bound by any changes to this Agreement when you use the Foodea Services after any such modification is posted. It is therefore important that you review this Agreement regularly.

Eligibility and Termination

Foodea reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Foodea Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Foodea expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Foodea Services if Foodea determines, in its sole discretion, that you have violated this Agreement or pose a threat to Foodea and/or its Users and/or violating any applicable law.

Eligibility

Use of the Foodea Services and registration to be a Member for the Foodea Services (“Membership”) is void where prohibited.  By using the Foodea Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Foodea Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if Foodea believes in its sole discretion that you are under 13 years of age, that you are under 18 years of age and you represent yourself as 18 or older, or you are over 18 and represent yourself as under 18.

Term

This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Foodea Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member’s Account Settings page. Foodea may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement will remain in effect, in order to protect the member’s personal information.

Fees

You acknowledge that Foodea reserves the right to charge for any portion of the Foodea Services and to change its fees (if any) from time to time in its discretion.  If Foodea terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).

Registration

Foodea requires that you register and/or set up an account to use certain portions of the Service, or the Service as a whole. In order to do so, you may be provided, or required to choose, a password, User ID, and/or other registration information (collectively, “Registration Information”). You agree and represent that all Registration Information provided by you is accurate and up-to-date. If any of your Registration Information changes, you must update it by editing your Registration profile on the Service.

Password

When you sign up to become a Member, you will also be asked to choose a password.  You are solely responsible for maintaining the confidentiality of your password.  You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Foodea immediately if you suspect any unauthorized use of your account or access to your password.  You are solely responsible for any and all use of your account.

Use by Members

The Foodea Services are for the personal use of Members and may be used for promotional purposes as well, but direct commercial endeavors must be specifically endorsed or authorized by Foodea in the form of a paid marketplace profile. Foodea understands that user blogs may contain some information for promotional purposes. Foodea reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the Foodea Services, including collecting usernames, user id numbers and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Foodea Website, or employing third party promotional sites or software to promote profiles for money, is prohibited.  Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. Foodea reserves the right to take appropriate legal action in response to any illegal or unauthorized use of the Foodea Services.

Comments and Blogs

Foodea does not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on forums, blogs or otherwise contained in the Service. Nor does Foodea or its third party service providers make any warranties with respect to any of the merchandise featured, mentioned, or sold on or through the Service. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements or those who sell any merchandise, and do not necessarily represent the views of Foodea or its third party service providers.

Proprietary Rights in Content on Foodea

Foodea does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, “Content”) that you post on or through the Foodea Services. After posting your Content to the Foodea Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing (“posting”) any Content on or through the Foodea Services, you hereby grant to Foodea a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the Foodea Services, including without limitation distributing part or all of the Foodea Website in any media formats and through any media channels, except Content marked “private” will not be distributed outside the Foodea Website.  This limited license does not grant Foodea the right to sell or otherwise distribute your Content outside of the Foodea Services. After you remove your Content from the Foodea Website we will cease distribution as soon as is practical, and at such time when distribution ceases, the license will terminate.  If after we have distributed your Content outside the Foodea Website you change the Content’s privacy setting to “private,” we will cease distribution of such “private” Content outside the Foodea Website as soon as is practical after you make the change.

The license you grant to Foodea is non-exclusive (meaning you are free to license your Content to anyone else in addition to Foodea), perpetual, irrevocable, fully-paid and royalty-free (meaning that Foodea is not required to pay you for the use on the Foodea Services of the Content that you post), sub-licensable (so that Foodea is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the Foodea Services), and worldwide (because the Internet and the Foodea Services are global in reach).

You represent, warrant and covenant that: (i) you own the Content posted by you on or through the Foodea Services or otherwise have the right to grant the license set forth in this Section, and (ii) the posting of your Content on or through the Foodea Services does not violate any applicable laws, including but not limited to the privacy rights, publicity rights, intellectual property rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing to any person or entity by reason of any Content posted by you on or through the Foodea Services.

The Foodea Services contain Content of Foodea (“Foodea Content”). Foodea Content is protected by copyright, trademark, patent, trade secret, industrial secret, and other laws, and Foodea owns and retains all rights in the Foodea Content and the Foodea Services. Foodea hereby grants you a limited, revocable, non-sub-licensable license to reproduce and display the Foodea Content (excluding any software code) solely for your personal use in connection with viewing the Foodea Website and using the Foodea Services.

The Foodea Services contain Content of Users and other Foodea licensors.  Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Foodea Services.

Foodea performs technical functions necessary to offer the Foodea Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Foodea Services.

Content Posted

Foodea may reject, refuse to post, or delete any Content for any or no reason, including Content that in the sole judgment of Foodea violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Foodea assumes no responsibility for monitoring the Foodea Services for inappropriate Content or conduct. If at any time Foodea chooses, in its sole discretion, to monitor the Foodea Services, Foodea nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

You are solely responsible for the Content that you post on or through any of the Foodea Services, and any material or information that you transmit to other Members and for your interactions with other Users.

You are solely responsible for ensuring that all Content that you post on or through any of the Foodea Services, and any material or information that you transmit to other Users, conforms to all applicable data protection and privacy laws, including ensuring that you have obtained the prior consent of any and all individuals whose personal information you use and/or disclose on or through Foodea.

Content Disclaimer

Foodea is not responsible for any incorrect or inaccurate Content posted on the Foodea Website or in connection with the Foodea Services, whether caused by Users of the Foodea Services or by any of the equipment or programming associated with or utilized in the Foodea Services. Recipe and food content should be recreated at your own risk and with proper due-diligence. If you find content that you believe is harmful, inappropriate or not in the spirit of foodea, please notify the foodea staff by flagging the content in question.

Profiles created and posted by Members on the Foodea Website may contain links to other websites. Foodea is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Foodea.

Foodea takes no responsibility for third party advertisements, which are posted on the Foodea Website or through the Foodea Services, nor does it take any responsibility for the goods or services provided by its advertisers.

The Foodea Services are provided “AS-IS” and as available and Foodea.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Foodea.com cannot guarantee and does not promise any specific results from use of the Foodea Services.

Content/Activity Prohibited

The following are examples of the kind of Content that is illegal or prohibited to post on or through the Foodea Services. Foodea reserves the right to investigate and take appropriate legal action against anyone who, in Foodea ‘s sole discretion, violates this provision, including without limitation, removing the offending Content from the Foodea  Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Foodea:

Recipes created that are intended to cause bodily harm to another being will not be tolerated. It is foodea policy to inform the proper authorities when such activity is discovered.

Content that is offensive and promotes racism, bigotry, hatred, and/or physical/mental harm of any kind against any group or individual;

  1. harasses or advocates harassment of another person;
  2. exploits people in a sexual or violent manner;
  3. contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
  4. solicits personal information from anyone under 18;
  5. publicly posts information that poses or creates a privacy or security risk to any person; (Please note that foodea suggests that when filming that all family pictures, documents, or any other potentially sensitive information be left out)
  6. constitutes or promotes information that you know is false, harmful or misleading, (thus all recipes, parties and product descriptions must be developed in good faith with the best information possible) or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  7. constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
  8. involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “phishing”, “spimming,” or “spamming”;
  9. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  10. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
  11. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
  12. involves commercial activities and/or sales without prior written consent from foodea such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  13. includes a photograph or video of another person that you have posted without that person’s consent;
  14. violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person; or
  15. promotes propaganda and/or symbols of organizations which are unconstitutional or illegal in your country.

Your “My Kitchen” Account

For your safety

In order to access some features of the Website, you will have to create a Foodea “My Kitchen” account. You may never use another member account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Foodea immediately of any breach of security or unauthorized use of your account.

Although Foodea will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Foodea or others due to such unauthorized use.

Please choose carefully the information you post on Foodea and that you provide to other Users. Your Foodea profile may not include the following items: telephone numbers, street addresses, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Foodea Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Foodea assumes no responsibility or liability for this material. If you become aware of misuse of the Foodea Services by any person, please report abuse on Foodea.com’s contact page or be sure to “flag” the content in question using the “flag” tab in your my kitchen navigation box.

Member Disputes

You are solely responsible for your interactions with other Foodea Members. Foodea reserves the right, but has no obligation, to monitor disputes between you and other Members.

General User and Member use of foodea.com

Foodea hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that you agree:

  1. not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without Foodea’s prior written authorization.
  2. not to alter or modify any part of the Website,
  3. not to access User Submissions (defined below) or Foodea Content through any technology or means other than the video playback pages of the Website itself, or other explicitly authorized means Foodea may designate.
  4. not to use the Website, for any commercial use, without the prior written authorization of Foodea or the purchase of a marketplace profile. (Deals below) Prohibited commercial uses include any of the following actions taken without Foodea’s express approval:
    1. not to sell access to the Website or its related services or use of the Website or its related services for the primary purpose of gaining advertising or subscription revenue;
    2. not to sell advertising, on the Foodea website or any third-party website, targeted to the content of specific User Submissions or Foodea content or use of the Website or its related services that Foodea considers, in its sole discretion, to make use Foodea’s resources or User Submissions with the effect of competing with or displacing the market for Foodea, Foodea content, or its User Submissions.
    3. not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to the Foodea servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Foodea grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Foodea reserves the right to revoke these exceptions either generally or in specific cases.
  5. not to collect or harvest any personally identifiable information, including account names from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes.
  6. not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.

In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, Foodea Community Guidelines, and all applicable local, national, and international laws and regulations.

Foodea reserves the right to discontinue any aspect of the Foodea Website at any time.

Marketplace profiles

Marketplace profiles are paid advertising pages that are integrated into foodea.com. Each Marketplace profile must follow the foodea.com “food first” guidelines, which mandate that the contents of the page must contain a minimum of 75% food based information that would otherwise inform or instruct about a food item. Marketplace profile owners may not change the layout of any Marketplace page without the express written consent of foodea.com. No marketplace profile can feature more than one product on each profile. Additional marketplace pages must be purchased in the event that you intend to feature more than one product. Marketplace video content must be inspiring, engaging and educational and not simply an extension of a television commercial, however the video may include a television commercial no longer than one minute in length for your branded product. Marketplace profile owners are not granted license to sell advertising on their marketplace pages.

Marketplace profiles are governed by the same content rules and regulations as member profiles on Foodea, but are afforded to right to promote, advertise and sell products through their marketplace profile.

Ownership, Protecting Copyrights and other Intellectual Property

Content produced by foodea.com

Foodea.com produced content, text, images, videos, marks, logos and other content contained herein, including, without limitation, the Foodea logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, is the sole proprietary property of Foodea.

User Content

Foodea respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Foodea has the right to terminate the Membership of infringers.

If you believe your work has been copied and posted on or through the Foodea Services in a way that constitutes copyright infringement, please send Foodea’s Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Foodea Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature.  Foodea’s Copyright Agent for notification of claimed infringement can be reached as follows:

Copyright Agent
Foodea.com Incorporated
121 Old Forest Hill Road
Toronto, ON
M5N 2N6

Counter-Notice

If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:

    1. Your physical or electronic signature;
    2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
    3. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
    4. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the Provincial Court in Toronto, Ontario, Canada and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Foodea may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored in 10 to 14 business days or more after receipt of the counter-notice.

Trademark

Foodea, its logo and all other product or service names or slogans displayed on the Site are registered and/or common law trademarks of Foodea and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Foodea or the applicable trademark holder. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Foodea and may not be copied, imitated or used, in whole or in part, without the prior written permission of Foodea. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site 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 Foodea.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE Foodea WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Foodea, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. Foodea MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Foodea WEBSITE. FOODEA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE FOODEA WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Foodea WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability

IN NO EVENT SHALL FOODEA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE FOODEA WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.YOU SPECIFICALLY ACKNOWLEDGE THAT Foodea SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by Foodea from its facilities in the United States of America & Canada. Foodea makes no representations that the Foodea Website is appropriate or available for use in other locations. Those who access or use the Foodea Website from other jurisdictions do so of their own volition and are responsible for compliance with local law.

Indemnity

You agree to defend, indemnify, and hold harmless Foodea, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Foodea Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Foodea Website.

Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Foodea Website is not intended for children under 13. People under that age 13 years of age are not permitted to user foodea.com.

Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Foodea without restriction.

Please contact us with any questions regarding this Agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

Last updated: September 15, 2012

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