February 16, 2012
The following User Agreement ("Agreement") governs the participation in the foodell.com online community (the "Membership" or the “Community”), including without limitation participation in its forums, blogs, chats, member generated content areas, and all other areas as provided by Foodell Inc. (the "Community Provider"). Please read the rules contained in this Agreement carefully.
Your use of and/or joining of the Community will constitute your agreement to comply with these rules. If you cannot agree with these rules, please do not participate in the Community. These rules may be modified from time to time; the date of the most recent revisions appears above. Continued Membership or participation in the Community by you will constitute your acceptance of any changes or revisions to the Agreement.
Your failure to follow these rules will result in suspension or termination of your Membership.
Registration and Account Creation
1. REGISTRATION INFORMATION:
The Community Provider requires that you register and set up a Membership account to participate in the Community. In order to do so, you will be required to provide your name and email address, and choose a User Name and Password (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 Member profile.
2. USE OF USER ID/PASSWORD:
When you register and join the foodell.com community, you will be solely responsible for maintaining the confidentiality of your Registration Information. You may not authorize others to participate in the Community, and you are responsible for all use by you and those you allow to participate in the Community. You may not sub-license, transfer, sell or assign your Registration Information and/or this Agreement to any third party. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement. If you have reason to believe that your Member Account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your Registration Information or any credit, debit or charge card number), you must promptly change the affected Registration Information and notify the Community Provider of the problem by e-mailing us at email@example.com.
3. FEES AND PAYMENTS:
The Community Provider will charge you a fee for the services offered as part of subscribing to a premium membership in the Community. You agree to pay all fees incurred through your Member account at the rates in effect for the billing period in which such fees are incurred (either monthly or annual membership subscription). The Community Provider reserves the right, at its sole discretion, to unilaterally change the amount of the Membership fee, and to institute new fees, and such changes shall be immediately effective upon prior notice to you.
If you submit your credit, debit or charge card information to the Community Provider upon registration or renewal, you give the Community Provider permission to charge such fees to the credit, debit or charge card you designate. If payment cannot be charged to your credit, debit or charge card or your payment is returned to the Community Provider for any reason, including charge back, Community Provider reserves the right to either suspend or terminate your account and all its obligations under this Agreement.
Rules of Usage
1. USE OF THE SERVICE BY YOU:
A. Unless otherwise specified, the Community is intended for your personal, noncommercial use only.
B. The Community contains material that is protected by state, national and international copyright, trademark and other intellectual property laws. You may download material from the Community and may use the Community for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including, but not limited to, code and software, from the Community.
C. The Community is not intended for users under the age of 13, and the Community Provider does not knowingly collect personally identifiable information from users under the age of 13. Such users are expressly prohibited from submitting their personally identifiable information to us, and from using our forums and chat areas; any information submitted by such users will not knowingly be used, posted, or retained by us.
D. You agree not to use any obscene, indecent, or offensive language or to place on the Community any material that is defamatory, abusive, harassing, racist, or hateful. Further, you may not place on the Community any material that is encrypted, constitutes junk mail or unauthorized advertising, or commercial offers, invades anyone's privacy, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, state, federal, national or international law or regulation. You agree to use the Community only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
E. You are responsible for ensuring that any material you provide to the Community, including but not limited to text and photographs, does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights.
F. The content, organization, graphics, text, images, video, design, compilation, and all other material on the Community, including without limitation, the "look and feel" of this website, are protected under applicable copyrights and other proprietary (including but not limited to intellectual property) rights and are the property of Community Provider or its licensors. The copying, rearrangement, redistribution, modification, use or publication by you, directly or indirectly, of any such matters or any part of the website except for the limited rights of use granted hereunder, is strictly prohibited.
G. You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through the Community, except as permitted by the Copyright Act or other law or as expressly permitted in writing by this Agreement or by the Community Provider.
H. You agree not to disrupt, overwhelm, attack, modify or interfere with the Community or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of the Community. You further agree not to alter or tamper with any information or materials on or associated with the Community.
I. Other than connecting to Community Provider's servers by http requests using a Web browser, you may not attempt to gain access to Community Provider's servers by any means - including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Community or otherwise.
J. You acknowledge that Community Provider has not reviewed and does not endorse the content of all sites linked to or from this Community and is not responsible for the content or actions of any other sites linked to or from this Community. Your linking to any service or site is at your sole risk.
2. COMMENTS BY OTHERS ARE NOT ENDORSED BY COMMUNITY PROVIDER:
The Community Provider 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 Community. The Community Provider does not make any warranties with respect to any of the recipes or merchandise recommended, featured, or mentioned on or through the Community. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements, and do not necessarily represent the views of the Community Provider.
3. USE OF MATERIAL SUPPLIED BY YOU:
4. COPYRIGHT COMPLAINTS:
We at foodell.com respect the intellectual property of others, and we ask our Community Members to do the same. The Community Provider may, in appropriate circumstances and at its discretion, suspend or terminate the access of and take other action against Community Members who infringe the copyright rights of others. If you believe that your work has been copied and is accessible on the Community in a way that constitutes copyright infringement, or that the Community contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify the Community Provider by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below:
A. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
B. 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;
C. 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 Community Provider to locate the material;
D. Information reasonably sufficient to permit the Community Provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
E. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
F. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Hutchinson Law P.C.
2700 Homestead Road, Suite 1600
Park City, UT 84098
By phone: (435) 615-2264
By fax: (435) 608-1897
By e-mail: firstname.lastname@example.org
Note: Only copyright complaints should be sent to our agent. No other communications will be accepted or responded to.
For communications on other matters, please e-mail email@example.com.
5. MATERIALS POSTED BY OTHERS:
You agree that the Community Provider is not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates this Agreement.
You agree to indemnify Community Provider and its affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys fees) which may arise from your submissions, from your unauthorized use of material obtained through the Community, or from your breach of this Agreement, or from any such acts through your use of the Community.
7. EDITING AND DELETIONS:
The Community Provider reserves the right, but undertakes no duty, to review, edit, move or delete any material provided for display or placed on the Community or its bulletin boards, in its sole discretion, without notice.
8. ADDITIONAL RULES:
The Community Provider reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Community. Such additional rules will be posted in the relevant parts of the Community, and will be clearly identified. Your continued use of the Community constitutes your agreement to comply with these additional rules.
9. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY:
YOU ACKNOWLEDGE THAT YOU ARE PARTICIPATING IN THE COMMUNITY AT YOUR OWN RISK. THE COMMUNITY IS PROVIDED "AS IS", AND THE COMMUNITY PROVIDER HEREBY EXPRESSLY DISCLAIMS 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 OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE COMMUNITY. THE COMMUNITY PROVIDER DOES NOT REPRESENT OR WARRANT THAT ACCESS TO THE COMMUNITY 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 COMMUNITY.
THE COMMUNITY PROVIDER SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF SERVICES HEREUNDER, YOUR ACCESS TO OR INABILITY TO ACCESS THE COMMUNITY, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE COMMUNITY, YOUR USE OF OR RELIANCE ON THE COMMUNITY OR ANY OF THE INFORMATION OR MATERIALS AVAILABLE ON THE COMMUNITY, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
YOU HEREBY AGREE TO RELEASE THE COMMUNITY PROVIDER AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR".
10. TERMINATION OF ACCESS TO THE SERVICE:
The Community Provider has the right to terminate and/or suspend your ability to access the Community based upon a violation of this Agreement or as stated in the Community Standards.
The Community Provider makes no representation that materials on the Community are appropriate, available or legal in any particular location. Those who choose to access the Community do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the State of Utah applicable to contracts to be wholly performed therein, and any action based on, relating to, or alleging a breach of this Agreement must be brought in a state or federal court in Utah. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.
If you don't agree to the terms contained in this Agreement, please exit the Community.