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Terms of Use

Terms of FoodEnquirer.com

 

Community Guidelines

 

1. You Agree

When using or visiting the FoodEnquirer.com Network or any FoodEnquirer.com products, software, data feeds, and services provided to you on, from, or through the FoodEnquirer Network module you agree to (1) the following terms and conditions (the "Terms of FoodEnquirer Network"), (2) FoodEnquirer.com privacy notice, found at Privacy and incorporated herein by reference, and (3) FoodEnquirer.com Community Guidelines, found at Guidelines and also incorporated herein by reference. If you do not agree to any of these terms, please do not use the FoodEnquirer Network.

Notice that you should you should periodically review the most up-to-date version of the Terms of FoodEnquirer Network even though we may try to notify you. FoodEnquirer.com may, in its sole discretion, modify or revise these Terms of FoodEnquirer Network and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of FoodEnquirer Network shall be deemed to confer any third-party rights or benefits.

 

2. FoodEnquirer Network

These Terms of FoodEnquirer Network apply to all users of the FoodEnquirer Network, including users who are also contributors of Content on the FoodEnquirer Network. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the FoodEnquirer Network. The FoodEnquirer Network includes but not limited, software and services offered via the FoodEnquirer.com, such as FoodEnquirer.com pages, the FoodEnquirer.com "Embeddable Player," the FoodEnquirer.com "Uploader" and other applications.

The FoodEnquirer Network may contain links to third party websites that are not owned or controlled by FoodEnquirer.com. FoodEnquirer.com assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, FoodEnquirer.com will not and cannot censor or edit the content of any third-party site. By using the FoodEnquirer Network, you expressly relieve FoodEnquirer.com from any and all liability arising from your use of any third-party website.

In Fact, we encourage you to be aware when you leave the FoodEnquirer Network and to read the terms and conditions and privacy policy of each other website that you visit.

 

3. FoodEnquirer.com Registered Users Account

In order to access some features of the FoodEnquirer Network, you will have to register and become a FoodEnquirer.com user. You may never use another's account without permission. When registering 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 FoodEnquirer.com immediately of any breach of security or unauthorized use of your account.

 

4. FoodEnquirer.com/FoodEnquirer Network Pages General Use And Terms

Once You become a FoodEnquirer.com registered user FoodEnquirer.com hereby grants you permission to access and use the Service as set forth in these Terms of FoodEnquirer Network, provided that:

You will not distribute in any medium any part of the FoodEnquirer Network without FoodEnquirer.com prior written authorization, unless FoodEnquirer.com makes available the means for such distribution through functionality offered by the FoodEnquirer Network (such as the Embeddable Player).

You will not alter or modify any part of the FoodEnquirer Network.

You will not access Content through any technology or means other than the video, photo, podcast, blog playback pages of the FoodEnquirer Network itself, the Embeddable Player, or other explicitly authorized means FoodEnquirer.com may designate.

You will not use the FoodEnquirer Network for any of the following commercial uses unless you obtain FoodEnquirer.com prior written approval:

• The sale of access to the FoodEnquirer Network

• Contests, giveaway or sweepstakes (“promotion”) on FoodEnquirer.com without written consent. If you will obtain a permit, it is you will assume all responsibilities for eventual liabilities.

• The sale of advertising, sponsorships, or promotions placed on or within the FoodEnquirer Network or Content; or

• the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the FoodEnquirer Network, unless other material not obtained from FoodEnquirer.com appears on the same page and is of sufficient value to be the basis for such sales.

Prohibited commercial uses do not include:

• Uploading an original video, photo, podcast, blog to FoodEnquirer.com, or maintaining an original channel on FoodEnquirer Network, to promote your business or artistic enterprise;

• Showing FoodEnquirer Network videos, photos, podcasts, blogs through the Embeddable Player on an ad-enabled blog or website, subject to the advertising restrictions set by FoodEnquirer.com.

• Any use that FoodEnquirer.com expressly authorizes in writing.

If you use the Embeddable Player on your website, you may not modify, build upon, or block any portion or functionality of the Embeddable Player, including but not limited to links back to the FoodEnquirer Network website.

If you use the FoodEnquirer Network Uploader, you agree that it may automatically download and install updates from time to time from FoodEnquirer Network. These updates are designed to improve, enhance and further develop the Uploader and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit FoodEnquirer.com to deliver these to you) as part of your use of the Uploader.

You will not use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers." FoodEnquirer.com 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. FoodEnquirer.com reserves the right to revoke these exceptions either generally or in specific cases. You will not collect or harvest any personally identifiable information, including account names, from the FoodEnquirer Network, nor to use the communication systems provided by the FoodEnquirer Network (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the FoodEnquirer Network with respect to their Content.

In your use of the FoodEnquirer Network, you will comply with all applicable laws.

FoodEnquirer.com reserves the right to discontinue any aspect of the FoodEnquirer Network at any time.

 

5. Restriction and Conditions to the Use of Content

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.

The Content on the FoodEnquirer Network, and the trademarks, service marks and logos ("Marks") on the FoodEnquirer Network, are owned by or licensed to FoodEnquirer.com, subject to copyright and other intellectual property rights under the law.

Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the FoodEnquirer Network and as permitted under these Terms of FoodEnquirer Network. You shall not download any Content unless you see a “download” or similar link displayed by FoodEnquirer.com on the FoodEnquirer Network for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of FoodEnquirer.com or the respective licensors of the Content. FoodEnquirer.com and its licensors reserve all rights not expressly granted in and to the FoodEnquirer Network and the Content.

You will not circumvent, disable or otherwise interfere with security-related features of the FoodEnquirer Network or features that prevent or restrict use or copying of any Content or enforce limitations on use of the FoodEnquirer Network or the Content therein.

You understand that when using the FoodEnquirer Network, you will be exposed to Content from a variety of sources, and that FoodEnquirer.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against FoodEnquirer.com with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless FoodEnquirer.com, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.

 

6. FoodEnquirer.com Principles

As a FoodEnquirer.com registered user you may submit Content to the FoodEnquirer Network, including videos, photos, podcasts, blogs and user comments. You understand that FoodEnquirer.com does not guarantee any confidentiality with respect to any Content you submit.

You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the FoodEnquirer Network. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to FoodEnquirer.com all patent, trademarks, trade secret, copyright or other proprietary rights in and to such Content for publication on the FoodEnquirer Network pursuant to these Terms of FoodEnquirer Network.

Although you own all the content and information you uploaded , by submitting Content to FoodEnquirer Network, you hereby grant FoodEnquirer.com a worldwide, non-exclusive, royalty-free, sublicense able and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the FoodEnquirer Network and FoodEnquirer.com (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the FoodEnquirer Network (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the FoodEnquirer Network a non-exclusive license to access your Content through the FoodEnquirer Network, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the FoodEnquirer Network and under these Terms of FoodEnquirer Network. The above licenses granted by you in video, photo, podcast, blog Content you submit to the FoodEnquirer Network terminate within a commercially reasonable time after you remove or delete your videos, photos, podcasts, and blogs from the FoodEnquirer Network. You understand and agree, however, that FoodEnquirer.com may retain, display, distribute, or perform, server copies of your videos, photos, and podcasts, blogs that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.

You further agree that Content you submit to the FoodEnquirer Network will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant FoodEnquirer.com all of the license rights granted herein.

You further agree that you will not submit to the FoodEnquirer Network any Content or other material that is contrary to the FoodEnquirer.com Community Guidelines.

FoodEnquirer.com does not endorse any Content submitted to the FoodEnquirer Network by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and FoodEnquirer.com be expressly disclaims any and all liability in connection with Content. FoodEnquirer.com does not permit copyright infringing activities and infringement of intellectual property rights on the FoodEnquirer Network, and FoodEnquirer.com will remove all Content if properly notified that such Content infringes on another's intellectual property rights. FoodEnquirer.com reserves the right to remove Content without prior notice.

 

7. Termination Policy of a Register User.

FoodEnquirer.com will terminate a user's access to the FoodEnquirer Network if, under appropriate circumstances, the user is determined to be a repeat infringer.

FoodEnquirer.com reserves the right to decide whether Content violates these Terms of FoodEnquirer Network for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. FoodEnquirer.com may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user’s account for submitting such material in violation of these Terms of FoodEnquirer Network.

8. Digital Millennium Copyright Act

If you are a copyright owner or an agent thereof and believe that any Content 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):

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

• 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;

• 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;

• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

• 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

• 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.

FoodEnquirer.com designated Copyright Agent to receive notifications of claimed infringement is FoodEnquirer Inc. 2510 E. Sunset Road Unit 5-67, Las Vegas, NV

89120-3500 USA Email: support@foodenquirer.com Ph. 949.273.1884

 

9. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE FoodEnquirer Network SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FOODENQUIRER.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE FoodEnquirer Network AND YOUR USE THEREOF. FOODENQUIRER.COM 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 SERVICES, (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 SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES 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 SERVICES. FOODENQUIRER.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FOODENQUIRER.COM 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.

 

10. Limitation of Liability

IN NO EVENT SHALL FOODENQUIRER.COM, 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 SERVICES, (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 SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES 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 SERVICES, 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 FOODENQUIRER.COM SHALL NOT BE LIABLE FOR CONTENT 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 FoodEnquirer Network is controlled and offered by FoodEnquirer.com from its facilities in the United States of America. FoodEnquirer.com makes no representations that the FoodEnquirer Network is appropriate or available for use in other locations. Those who access or use the FoodEnquirer Network from other jurisdictions do so at their own volition and are responsible for compliance with local law.

 

11. Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless FoodEnquirer.com, 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 FoodEnquirer Network; (ii) your violation of any term of these Terms of FoodEnquirer Network; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of FoodEnquirer Network and your use of the FoodEnquirer Network.

 

12. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, 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 FoodEnquirer Network, and to abide by and comply with these Terms of FoodEnquirer Network. In any case, you affirm that you are over the age of 13, as the FoodEnquirer Network is not intended for children under 13. If you are under 13 years of age, then please do not use the FoodEnquirer Network. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

 

13. 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 FoodEnquirer.com without restriction.

 

14. General

You agree that: (i) the FoodEnquirer Network shall be deemed solely based in California; and (ii) the FoodEnquirer Network shall be deemed a passive website that does not give rise to personal jurisdiction over FoodEnquirer.com, either specific or general, in jurisdictions other than California. These Terms of FoodEnquirer Network shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and FoodEnquirer.com that arises in whole or in part from the FoodEnquirer Network shall be decided exclusively by a court of competent jurisdiction located in Santa Ana, Orange County, California. These Terms of FoodEnquirer Network, together with the Privacy Notice and any other legal notices published by FoodEnquirer.com on the FoodEnquirer Network, shall constitute the entire agreement between you and FoodEnquirer.com concerning the FoodEnquirer Network. If any provision of these Terms of FoodEnquirer Network is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of FoodEnquirer Network, which shall remain in full force and effect. No waiver of any term of this these Terms of FoodEnquirer Network shall be deemed a further or continuing waiver of such term or any other term, and FoodEnquirer.com failure to assert any right or provision under these Terms of FoodEnquirer Network shall not constitute a waiver of such right or provision. FoodEnquirer.com reserves the right to amend these Terms of FoodEnquirer Network at any time and without notice, and it is your responsibility to review these Terms of FoodEnquirer Network for any changes. Your use of the FoodEnquirer Network following any amendment of these Terms of FoodEnquirer Network will signify your assent to and acceptance of its revised terms. YOU AND FOODENQUIRER.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Dated: JULY 16, 2010