FoodieView Terms of Service Agreement

Welcome to FoodieView.com!

Please read the following FoodieView Terms of Service Agreement carefully, making certain that you agree to its contents before venturing further into the site. If, after reading the FoodieView Terms of Service Agreement, you do not agree with any or all of its terms, please do not use the FoodieView website.

Preamble

This Terms of Service Agreement ("Agreement" or "Terms of Service") contains the terms and conditions under which FoodieView, Inc ("FoodieView", "we" or "us") offers you (the "User" or "you") access to the FoodieView website foodieview.com (together with all of the products and services provided therein, the "Site") including but not limited to, your participation in the Site's chat and bulletin-board or forum facilities ("Discussion Areas"). Among other things, this Agreement describes your responsibilities and limits FoodieView's liability. In the event of any conflict between this Agreement and any other provisions set forth in the Site, this Agreement will control. You may access this Agreement at any time from the bottom of any page of the Site.

1. User Acceptance of FoodieView Terms of Service

By viewing or otherwise using the Site, you agree: (a) that you are 13 years old or older, (b) that you have read, understand and agree to be legally bound by this Agreement, and (c) that you have read, understand and agree to the FoodieView Privacy Policy

This Agreement applies to all users of the Site whether or not the user submits content for public display on the Site. If you do not agree to any or all of the terms of this Agreement, you may not use the Site.

2. Eligibility to Use FoodieView

You understand that you must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is over 18 years of age, to register as a FoodieView member or to use the Site. If you are under the applicable age, you can use the Site under the supervision of your parent or guardian who has agreed to the Terms of Service. However, you must be 13 years or older to use the Site in compliance with the Children's Online Privacy Protection Act (COPPA). If you do not qualify, please do not use the Site.

3. Modification of FoodieView Terms of Service

The terms of this Agreement may be modified by FoodieView from time to time ("Modifications"). Notice of Modifications will be announced on this page along with the date of such Modifications. Modifications will be effective as of the date on which they are posted. Continued use of the Site by you will constitute your acceptance of the Modifications, so it's wise to check this page regularly. Your failure to follow the Site's terms may result in termination of your access to the Site, without notice, in addition to FoodieView’s other remedies.

4. Registration with FoodieView

To create a user profile on the Site and to submit certain content, you are required to register as a FoodieView member. If you register, you agree to provide accurate and up to date information including an email address ("User ID") and password that you control. You may not use a false name or User ID with the intent of impersonating another person. You may receive confirmation and thank you emails associated with your membership. As detailed in the FoodieView Privacy Policy, your private information will not be given to any third party without your consent. FoodieView reserves the right to cancel your membership at its discretion.

5. Your Right to Use FoodieView

Subject to the other terms of this Agreement, FoodieView hereby grants you permission to use the Site, provided that: i) your use of the Site as permitted is solely for personal, non-commercial use, ii) you do not copy or distribute any part of the Site without FoodieView's written permission (such permission must be signed by a duly authorized representative of FoodieView), iii) you will not alter or modify any parts of the Site, and iv) you will comply with this Agreement and FoodieView Privacy Policy.

6. Restrictions on Your Right to Use FoodieView

You understand that you are authorized to use the Site solely for your own use, and you agree not to act on behalf of a third-party or to allow a third-party to have access to your password in order to use the Site. You agree that you are solely responsible for any and all activity that occurs on your account and you are responsible for keeping your password secure. Furthermore, you understand that you are not permitted to and agree that you will not: i) modify, translate or reverse engineer any portion of the Site; ii) launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Site in a manner that sends more request messages to the FoodieView 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, FoodieView grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. FoodieView reserves the right to revoke these exceptions either generally or in specific cases; iii) collect or harvest any personally identifiable information, including member names and User IDs, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes;? iv) solicit, for commercial purposes, any users of the Site with respect to their User Submissions (as defined below); v) remove any copyright, trademark or other proprietary rights notices contained in or on the Site; vi) create user accounts by automated means or under false or fraudulent pretenses; vii) create or transmit unwanted electronic communications such as "spam" to other users or members of the Site or otherwise interfere with other user's or member's enjoyment of the Site; viii) transmit any viruses, worms, defects, Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; ix) use the Site to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene; x) copy or store any content offered on the Site for other than your own use; xi) use any device, software or routine that interferes with the proper working of the Site; nor may you attempt to gain access to FoodieView's servers by any means other than by connecting to FoodieView’s servers by HTTP requests using a Web browser including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Site or otherwise.

7. FoodieView User Submissions

FoodieView invites you to submit content to the Site in a variety of content forms including, but not limited to, videos, photos, reviews, recipes, forums, comments, lists, news items, and blog posts ("User Submission" or "User Submissions"). The Site provides a venue for hosting, sharing, and/or publishing such User Submissions.

You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to FoodieView, you hereby grant FoodieView a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Site and FoodieView's (and its successor's) business, including without limitation for promoting part or all of the Site. You also hereby grant each user of the Site a non-exclusive license to access your User Submissions through the Site, and to use such User Submissions as permitted through the functionality of the Site and under this Agreement.

You hereby represent and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize FoodieView to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Site and this Agreement; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Site and this Agreement.

You agree that you are solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including, but not limited to, privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant FoodieView all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage FoodieView or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post material that constitutes junk mail, spam, or chain letters, or other promotions, advertisements or solicitations of business that are not authorized by FoodieView; v) impersonate another person or entity or otherwise misrepresent your affiliation with a person or entity; vi) nor post material that harms minors in any way.

You agree that publication or use of any User Submission is at the sole discretion of FoodieView and FoodieView is under no obligation to publish or use any User Submission. If your User Submission is published, used and/or posted on the Site or otherwise used by FoodieView, we may include your name in conjunction with such publication, posting, or use. By submitting, disclosing, or offering a User Submission, you hereby grant FoodieView the right to use your name in connection with the publication, use or posting of your User Submission. You must include your full name and e-mail address with your User Submission so we can contact you if we have any questions about your User Submission; however, your e-mail address will not be published with your User Submission. Additionally, while we require you to provide us with your full name for purposes of communication, you may choose to have an alias or nickname published with your User Submission instead of your full name.

You understand that FoodieView does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and FoodieView expressly disclaims any and all liability in connection with User Submissions. FoodieView will also terminate a User's access to the Site, if they are determined to be repeat offenders. FoodieView also reserves the right to decide whether User Submissions are appropriate and complies with this Agreement for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. FoodieView may review, edit, move or delete User Submissions and/or terminate a User's access for uploading material in violation of this Agreement at any time, without prior notice and at its sole discretion. However, you agree that FoodieView is under no duty to do so.

You understand that the Discussion Areas or other parts of this Site are not private. All other information and material you supply or communicate to FoodieView is governed by the FoodieView Privacy Policy, which is accessible at any time from the bottom of any page on the Site.

You understand that when using the Site, you will be exposed to User Submissions from a variety of sources, and agree that FoodieView is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, defamatory, infringing, offensive, illicit, indecent, or otherwise objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against FoodieView with respect thereto, and agree to indemnify and hold FoodieView, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.

8. Additional FoodieView User Rules

FoodieView may post, from time to time, additional rules of usage that apply to specific parts of the Site. Such additional rules will be posted in the relevant parts of the Site, and will be clearly identified. Your use of the Site constitutes your agreement to comply with these additional rules.

9. Hyperlinks to FoodieView, Hyperlinks from FoodieView You are granted a limited, nonexclusive right to create a hyperlink to the Site's pages, provided such link does not portray FoodieView or any of its products and services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time. You agree that you may not use, frame or utilize framing techniques to enclose any FoodieView trademark, logo, or other proprietary information, including the images found at the Site, the content of any text, or the layout/design of any page or form contained on any page of the Site, without FoodieView's express written consent (such consent must be signed by a duly authorized representative of FoodieView). 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 FoodieView or any third party.

FoodieView may provide hyperlinks to sites such as search engines and content of third parties ("Third-Party Content") as a service to those interested in this information. FoodieView does not monitor nor does FoodieView have control over any Third-Party Content. FoodieView does not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. FoodieView does not warrant the accuracy of any information contained on, and undertakes no responsibility to update or review, any Third-Party Content. Your use of these hyperlinks and the Third-Party Content contained therein is at your own risk.

10. FoodieView Trademarks, Third Party Trademarks

FOODIEVIEW, FOODIEVIEW.COM, and the FoodieView logo are trade or service marks of FoodieView. Use of the Site does not create any express or implied right to use such trade or service marks, and such trade or service marks may not be used in connection with any product or without the express written consent of FoodieView (such consent must be signed by a duly authorized representative of FoodieView, in any manner that is likely to cause confusion or in any manner that disparages or discredits FoodieView.

The use of any name, trademark, tradename, service mark, logo, symbol or other proprietary designation or marking of or belonging to any third party making products or services available on the Site should not be construed as an endorsement or sponsorship of the Site by any such third party, or as the participation by any such third party in the offering of goods or information through the Site.

11. FoodieView and User Intellectual Property

You understand that the content on the Site, with the exception of User Submissions, including without limitation, the pages, materials, text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to FoodieView, and your use of them is subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. You agree that Content on the Site is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of FoodieView (such consent must be signed by a duly authorized representative of FoodieView). FoodieView reserves all rights not expressly granted in and to the Site and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Site for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.

12. FoodieView Copyright Infringement Policy

FoodieView does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and FoodieView will remove any Content or User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights.

If you are a copyright owner or an agent thereof and believe that any Content or User Submission on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You may contact FoodieView's designated Copyright Agent at: FoodieView Copyright Agent, 14525 SW Millikan #61388, Beaverton, OR 97005-2343 , email: copyright@foodieview.com. For clarity, only DMCA notices should go to the Copyright Agent. Any other feedback, comments, requests for technical support, and other communications should be directed to FoodieView customer service through contact@foodieview.com. You acknowledge that if you fail to comply with all of the requirements of this "FoodieView Copyright Infringement Policy", your DMCA notice may not be valid.

It is FoodieView's policy to block access to or remove any material that it believes in good faith to be copyrighted material that has been illegally copied and distributed on the Site, and to remove repeat offenders from the Site.

13. Disclaimer and Limitation of Liability YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE AT YOUR OWN RISK. YOU UNDERSTAND THAT THE SITE IS PROVIDED "AS IS," AND FoodieView and its affiliates, officers, directors, employees, representatives, agents, suppliers, AND licensors HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS.

YOU UNDERSTAND THAT FoodieView and its affiliates, officers, directors, employees, representatives, agents, suppliers, and licensors DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SERVICE.

YOU AGREE THAT FoodieView and its affiliates, officers, directors, employees, representatives, agents, suppliers, and licensors SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER 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 OR CONTENT CONTAINED ON, OR ACCESSED THROUGH, THIS WEB SITE, EVEN IF FoodieView HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FoodieView’s LIABILITY TO YOU OR ANY THIRD PARY FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU IN CONNECTION WITH THE PARTICULAR TRANSACTION GIVING RISE TO LIABILITY OR, IF THE CLAIM DOES NOT RELATE TO A SPECIFIC TRANSACTION, ONE HUNDRED U.S. DOLLARS ($100.00).

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above might not apply to you.

14. Indemnification

You agree to defend, indemnify and hold harmless FoodieView and its affiliates, officers, directors, employees, representatives, agents, suppliers, and licensors from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site or any User Submissions you provide, including, but not limited to, any claim by a third party that any User Submissions infringe or violate such third party’s rights or interests.

15. No Agency with User

You agree that you and FoodieView are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.

16. No User Assignment

You agree that you may not assign this Agreement or any of your rights hereunder to a third person without first obtaining FoodieView's express written consent (such consent must be signed by a duly authorized representative of FoodieView).

17. Applicable Law, Jurisdiction and Disputes

You agree that this Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its choice of law principles to the contrary. You agree any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in the state and federal courts residing in San Diego 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 this Agreement. Either FoodieView or you may demand that any dispute between FoodieView and you about or involving the Site must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in San Diego, California, USA, provided that the foregoing shall not prevent FoodieView from seeking injunctive relief in a court of competent jurisdiction.

18. Term, Termination and Survival

You agree that this Agreement is effective upon your acceptance and that it shall remain in full force and effect while you use the Site. You agree that FoodieView has the right to terminate your ability to access the Site, for any reason, without notice. You also agree that even after your use of the Site is terminated, whether by you or FoodieView, this Agreement will remain in effect, including Sections 7-21.

19. Severability

You agree that if any provision of this Agreement or portion thereof shall be declared invalid for any reason, the invalid provision or portion thereof shall be deemed omitted and the remaining terms shall be given full force and effect.

20. Waiver Any failure by FoodieView to take action to enforce any of its rights under this Agreement does not constitute a waiver of any right or remedy under this Agreement unless such waiver is in writing signed by a duly authorized representative of FoodieView.

21. Entire Agreement You agree that Agreement is the complete and entire agreement between you and FoodieView and supersedes any prior agreement, whether written or oral.

If you do not agree to any or all of the terms contained in this Agreement, please exit the Site now.

Thank you for using FoodieView! We appreciate your patronage.