Effective August 1, 2011
These Terms govern Your use of all Content, Products and Services available through the Site. You agree to be bound by these Terms, and to use the Site in strict compliance with all applicable laws and regulations. You agree not to use or access the Site in any manner which constitutes a violation of any applicable State or federal laws. You further agree not to use or access the Site in any manner that adversely affects the goodwill and reputation of FoodieBytes and/or its Providers.
Your use of the Content, Products and Services available through the Site is void where prohibited. By using the Products and 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 Products and Services does not violate any applicable law or regulation. Your status as a Registered User may be terminated and the additional information You have provided to Us may be deleted without warning, if we believe or have reason to believe that You are under 13 years of age. In accordance with the Children’s Online Privacy Protection Act of 1998 (COPPA), You must be at least 13 years of age to register for or use the Content, Products and Services available on the Site.
Parental control protections (such as computer hardware, software, or filtering services) are commercially available that might assist You in limiting access to material that is harmful to minors. Providers of such protections include: www.kidswatch.com, www.netmop.com and www.child-internet-safety.com.
Registered Users must provide a valid e-mail address, their legal name and any other required information to complete the registration process. Registered Users are responsible for maintaining the privacy and security of their Registered User ID. FoodieBytes will not be held liable for any damage or loss that may result from Your failure to protect Your login information, including, but not limited to, Your password. In addition, You will be financially accountable for all use of Our Site by You and anyone using Your password and login information.
You may not maintain more than one Registered User ID with Us. We reserve the right to revoke access to Content, Products and Services for any Registered User found or determined to be maintaining more than one Registered User ID.
FoodieBytes grants You a limited, personal, non-transferable, non-assignable, revocable license to access and use the Site only as expressly permitted by these Terms. Except for this limited license, We do not grant You any other rights or license with respect to this Site and any rights or licenses not expressly granted herein are reserved.
You may only use the Site for Your personal, non-commercial use and You shall not provide services to any third parties unless We provide You with advance written authorization to do otherwise.
You may download, display or print one (1) copy of any portion of the Content exclusively for Your own personal, non-commercial use. If You do so, You may not modify the Content in any way, and You must reproduce the FoodieBytes copyright notice (or the Provider's notice as applicable) in the following form:
"© 2007-2010 FoodieBytes LLC. - All Rights reserved"
as displayed on the relevant page(s) that You download, display, print or copy.
Except as provided above, you may not
Unless otherwise provided by these Terms, or unless specific applicable law requires FoodieBytes to allow You to do so, You may not do any of the following without the prior written consent of FoodieBytes:
By having a "Account", You agree to take full responsibility for maintaining the confidentiality of Your account email, user name, password and all related activity that occurs under Your account user name. We may also accept Registered User data and allow users to login to the Site through login services provided by third parties, e.g., Twitter, Facebook, or some other service.
We reserve the right, but do not undertake the obligation, to refuse to post or to remove any Review or other Content in Our sole and absolute discretion. A non-exhaustive list of unacceptable Content includes, but is not limited to, the following:
Uploading copyrighted materials is also forbidden. Registered Users must take responsibility for uploading copyrighted material. FoodieBytes is not responsible for any copyrighted material uploaded to the Site.
If You see objectionable content or have any questions about these Terms, please contact us at email@example.com
Reviews and ratings do not reflect the views of FoodieBytes; its affiliated entities; or its employees, officers, directors, or shareholders. We do not assume responsibility or liability for any claims, damages, or losses resulting from any use of the Site or any Review or other Content posted on the Site.
Any communications, reviews or materials You transmit to Us or any of Our affiliates through the Site, by electronic mail or otherwise, including any data, question, comments, rating of a property or attraction, suggestion, idea, or the like ("Communications or Materials") will be treated as non-confidential and non-proprietary. By voluntarily submitting to Us, or by posting on the Site any Communications or Materials, You grant Us and Our affiliates and all users of the Site, a worldwide, non-exclusive, royalty free, perpetual, irrevocable, and fully transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such Communications or Materials in any form, media or technology. We assume no responsibility for any Communications or Materials posted or submitted, or for the return of such Communications or Materials. We want Your reviews and feedback and appreciate Your ideas and suggestions, but We are unable to answer every comment individually.
FoodieBytes, in its sole and absolute discretion, may, at any time and without advance notice, terminate or restrict Your access to all or any component of Our Site, even if access continues to be allowed to others. Upon such termination or suspension, You must immediately discontinue use of the Site, and destroy any copy You have made of any portion of the Site. Accessing the Site after such termination, suspension or discontinuation shall constitute an act of trespass. FoodieBytes shall have no liability to any user for any suspended or terminated access to the Site.
Any aspect of any Site may be changed, supplemented, deleted, updated, discontinued, suspended or modified at any time at Our sole and absolute discretion and without prior notice to You. However, We make no commitment to update the information contained on this Site. You agree that FoodieBytes shall not be liable to You for any delay or other damages that might result from such modification, suspension or discontinuance.
We may also, at any time, change or impose fees for certain services, or establish or change general practices and limits concerning certain services.
We may also modify these Terms at any time.
We will use Our reasonable commercial efforts to keep Our Site available on a 24-hour/7-days-a-week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance and system outages. We cannot promise that access to the Site will be uninterrupted or available at all times. We assume no liability to any user for any delay, interruption or downtime in connection with Our operation of, and Your access to, the Site.
The Content is intended for information purposes only. Although We exercise reasonable efforts to ensure their quality and accuracy, there might be errors, or the information provided may not be complete, current or applicable to Your particular situation. Further, information provided regarding the service, amenities, products, etc. have been provided to Us by the vendor. We assume no liability or responsibility to any user for any errors or omissions. You are responsible for evaluating the accuracy, completeness and usefulness of any opinion, advice, or other content available through the Site or obtained from a linked site.
We make reasonable attempts to exclude viruses from the Site, but cannot ensure that the Site will be at all times free from viruses or other destructive software. You are urged to take appropriate safeguards before downloading information from the Site. We assume no responsibility for any damages to computer equipment or other property that may result from use of the Site or downloading anything from the Site.
For Your convenience, our Site provides links to other sites. When You click on one of these links, You are leaving Our Site and entering another site. We are not responsible for any Content, Products and Services provided through such third party websites.
You should carefully review the terms and conditions of use of third-party sites because these terms will apply to Your visit to, and use of, these other sites.
We welcome links from a third party site to the home page of our Site, through a plain text link, provided (a) You discontinue providing a link to our Site upon Our request; (b) You do not imply in any fashion that FoodieBytes is endorsing any of Your products or services or is affiliated with You, (c) You do not present FoodieBytes in a false light, or provide misleading or false information about Us, or Our Site or Products and Services, (d) You do not remove or obscure the copyright notices, or other notices on this Site; (e) You do not use any Mark of FoodieBytes or our Providers; and (f) You do not replicate, frame or mirror the content of the Site.
We reserve the right to require You to remove links to the Site, in Our sole and absolute discretion.
Our Site is the sole and exclusive property of FoodieBytes and/or its licensors. FoodieBytes and its licensors retain all right, title and interest (including all copyright, trademark, patent, trade secrets and all other intellectual property rights) in the Site. The Site is protected by copyright, trademark, patent, trade secrets, unfair competition and other worldwide laws, through the application of local laws or international treaties. Any unauthorized use, reproduction or modification of this Site may violate such laws.
FoodieBytes, FoodieBytes.com and all other Marks that appear or are displayed or used on the Site are registered or are common law trademarks or are service marks of FoodieBytes and its Providers. These Marks may not be copied, downloaded, reproduced, used, modified or distributed in any way without prior written permission from Us or the relevant Provider, except as an integral party of any authorized copy of the Content.
Some Content on the Site is owned by third parties. These materials are subject to the additional terms, which are incorporated hereto, and made a part of the Terms.
If there is a conflict between the Additional Copyright Notices and the remainder of these Terms, the Additional Copyright Notice supersedes any provision of these Terms with respect to the Content to which it pertains.
FoodieBytes and its Providers make no warranty of any kind regarding the Site, Content, Products and Services, all of which are provided on an "as is" basis. FoodieBytes and its Providers expressly disclaim any representation or warranty that the Site will be free from errors, viruses or other harmful components, that communications to or from the Site will be secure and not intercepted, that the Products and Services and other capabilities offered from the Site will be uninterrupted, or that its Content will be accurate, complete or timely. The fact that FoodieBytes is including or offering any Products and Services on the Site is not an endorsement or a recommendation of the Products and Services.
OTHER THAN THOSE WARRANTIES WHICH, UNDER THE LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED AS A MATTER OF LAW AND CANNOT BE WAIVED OR DISCLAIMED, FoodieBytes AND OUR PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE WARRANTIES AND CONDITIONS ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
Subject to applicable law, Your use of this Site and its Content and Products and Services is at Your sole risk. Services and Products made available on this Site are subject to conditions imposed by the respective Provider. Providers who furnish products or services through this Site are independent contractors, and not Our agents or employees. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE PROHIBITED, WE WILL NOT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS SITE, ANY HYPER LINKED WEB SITE, THE ACTS OR OMISSIONS OF PROVIDERS WHO FURNISH PRODUCTS OR SERVICES THROUGH THIS SITE OR THE PRODUCTS OR SERVICES OFFERED BY PROVIDERS THROUGH THIS SITE. FoodieBytes IS NOT LIABLE OR RESPONSIBLE FOR ANY CLAIMS OF ANY PARTY WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, THAT ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH (I) ANY USE OF, BROWSING OR DOWNLOADING OF ANY PART OF OUR SITE OR CONTENT, (2) THE PERFORMANCE OR NON-PERFORMANCE BY US OR ANY PROVIDER, OR (3) ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, EVEN IF WE AND/OR ANY OF OUR PROVIDER(S) HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO ANY PARTY.
You agree to defend and indemnify FoodieBytes and any Provider, and each of their respective officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, in excess of the liability described above, in any legal proceeding or quasi-legal proceeding filed or commenced by any third party against FoodieBytes as a result of (1) Your breach of these Terms or the documents made part of these Terms by reference and (2) Your violation of any State or federal law in connection with Your use of Our Site.
The laws of the State of California (USA), without regard to its conflict of law rules, will govern these Terms. If You take any legal action relating to Your use of Our Site or these Terms, You agree to file such action only in the state and federal courts located in the county and city of Los Angeles, California (USA). In any legal proceeding or quasi-legal proceeding between You and FoodieBytes arising out of any Review, Content and/or the Products and Services posted on the Site, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to costs, both taxable and non-taxable, and reasonable attorneys' fees.
Your acceptance of these Terms and Your use of the Site do not create a joint venture, partnership, employment or agency relationship with Us. You may not assign, delegate, or transfer Your rights or obligations under these Terms. If We fail to act with respect to Your breach or anyone else's breach on any occasion, We are not waiving Our right to act with respect to future or similar breaches. If any court of law with proper jurisdiction, finds any of these Terms to be unenforceable or invalid, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. The headings in these Terms are for convenience and reference; they do not limit or affect these Terms. These Terms, together with those items made a part of these terms by reference, make up the entire agreement between us relating to Your use of Our site, and replaces any prior understandings or agreements (whether oral or written) regarding Your use of Our Site.
You may preserve these Terms in written form by printing them for Your records. You hereby waive any legal right to have FoodieBytes provide You with these Terms in writing.
To the extent that We may need to contact You, You agree that We may do so via any electronic means, included but not limited to communication posted on the Site, electronic mail or instant messaging.
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