Foodee.com Terms of Service Agreement
This Terms of Service Agreement was last updated on July 18,
Online Service for Registered Members. By using the Foodee.com website
you (the “Member”) agree to these terms and conditions. If you do not agree to the
terms and conditions of this agreement, you should immediately cease all usage of
this website. We reserve the right, at any time, to modify, alter, or update the
terms and conditions of this agreement without prior notice. Modifications shall
become effective immediately upon being posted at Foodee.com website.
Your continued use of the Service after amendments are posted constitutes an acknowledgement
and acceptance of the Agreement and its modifications. Except as provided in this
paragraph, this Agreement may not be amended.
Changes to this Terms of Services
Foodee.com has the discretion to occasionally update this terms
of service. When we do, we will also revise the “updated” date at the top of this
Terms of Service page. We encourage you to periodically review this Terms of Service.
Your continued use of the service constitutes your agreement to this Terms of Service
and any updates.
Description of Service
Foodee.com is providing Member with an online profile service.
Member must provide (1) all equipment necessary for their own Internet connection,
including computer and modem and (2) provide for Member’s access to the Internet,
and (3) pay any fees relate with such connection.
Disclaimer of Warranties
The site is provided by Foodee.com on an “as is” and on an
“as available” basis. To the fullest extent permitted by applicable law, Foodee.com
makes no representations or warranties of any kind, express or implied, regarding
the use or the results of this web site in terms of its correctness, accuracy, reliability,
or otherwise. Foodee.com shall have no liability for any interruptions
in the use of this Website. Foodee.com disclaims all warranties with regard to the
information provided, including the implied warranties of merchantability and fitness
forFoodee.com a particular purpose, and non-infringement. Some jurisdictions
do not allow the exclusion of implied warranties, therefore the above-referenced
exclusion is inapplicable.
Limitation of Liability
Foodee.com SHALL NOT be liable for any damages whatsoever,
and in particular Foodee.com shall not be liable for any special, indirect,
consequential, or incidental damages, or damages for lost profits, loss of revenue,
or loss of use, arising out of or related to this web site or the information contained
in it, whether such damages arise in contract, negligence, tort, under statute,
in equity, at law, or otherwise, even if Foodee.com has been advised
of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME
OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
Member agrees to indemnify and hold Foodee.com, its parents,
subsidiaries, affiliates, officers and employees, harmless from any claim or demand,
including reasonable attorneys’ fees and costs, made by any third party due to or
arising out of Member’s use of the Service, the violation of this Agreement, or
infringement by Member, or other user of the Service using Member’s computer, of
any intellectual property or any other right of any person or entity.
may terminate your membership and/or restrict you from accessing and/or using the
Foodee.com website at any time for any reason.
All Members of the Service shall receive a password and an account. Members
are entirely responsible for any and all activities which occur under their account
whether authorized or not authorized. Member agrees to notify Foodee.com
of any unauthorized use of Member’s account or any other breach of security known
or should be known to the Member. Member’s right to use the Service is personal
to the Member. Member agrees not to resell or make any commercial use of the Service
without the express written consent of Foodee.com.
The service provided by Foodee.com and on the Foodee.com
website is available for your personal, non-commercial use. You may not use these
services for illegal or unauthorized purposes. In addition, you also agree not to
use Foodee.com services to:
- Post, upload, provide links to, transmit, or otherwise make available any content
that we deem to be threatening, abusive, harmful, vulgar, obscene, hateful, fraudulent,
libelous, defamatory, or objectionable.
- Impersonate any person or entity.
- Display, upload, provide, or link to material that is pornographic or sexually
explicit material of any kind.
- Creating a false and/or misleading identity.
- Submitting unlawful or illegal materials, or promote unlawful or illegal activities.
- Submitting and/or using copyrighted materials without the owner's prior written
- Using or attempting to use another person's account.
- Using another member's personal information other than for the purpose of contacting
- Distributing unsolicited or unauthorized messages, advertising, "spam", or "junk
- Attempt to gain unauthorized acccess to Foodee.com's systems, networks,
- Submitting harmful scripts, viruses, or programs, and or linking to these materials.
- Modify, copy, export, or reverse engineer any portion of the Foodee.com
website and its' services.
You are soley responsible for disputes between yourself and other Foodee.com
members. We reserve the right to monitor and track this information but have no
obligation to do so.
Public Profile Information
Certain information is available to all members. This information could
also be captured and made available through search engines. This information includes,
but is not limited to the following:
- Your profile pictures
- Your profile information
- Your username
- Your zip code
Modifications and Interruption to Service
Foodee.com reserves the right to modify or discontinue the
Service with or without notice to the Member. Foodee.com shall not be
liable to Member or any third party should Foodee.com exercise its right
to modify or discontinue the Service. Member acknowledges and accepts that Foodee.com
does not guarantee continuous, uninterrupted or secure access to our website and
operation of our website may be interfered with or adversely affected by numerous
factors or circumstances outside of our control.
Third-Party Sites and Links
Our website may include links to other sites on the Internet that are owned
and operated by online merchants and other third parties. You acknowledge that we
are not responsible for the availability of, or the content located on or through,
any third-party site. You should contact the site administrator or webmaster for
those third-party sites if you have any concerns regarding such links or the content
located on such sites. Your use of those third-party sites is subject to the terms
of use and privacy policies of each site, and we are not responsible therein. We
encourage all Members to review said privacy policies of third-parties’ sites.
Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided
by the Vendors or collected from publicly available sources. While Foodee.com
every effort to ensure that the information on this website is accurate, we can
make no representations or warranties as to the accuracy or reliability of any information
provided on this website.
Foodee.com makes no warranties or representations whatsoever with regard to any product
provided or offered by any Vendor, and you acknowledge that any reliance on representations
and warranties provided by any Vendor shall be at your own risk.
Governing Jurisdiction of the Courts of California
Our website is operated and provided in the State of California . As such,
we are subject to the laws of the State California, and such laws will govern this
that our website or other services are appropriate, legal or available for use in
other locations. Accordingly, if you choose to access our site you agree to do so
subject to the internal laws of the State California.
Compliance with Laws
Member assumes all knowledge of applicable law and is responsible for compliance
with any such laws. Member may not use the Service in any way that violates applicable
state, federal, or international laws, regulations or other government requirements.
Member further agrees not to transmit any material that encourages conduct that
could constitute a criminal offense, give rise to civil liability or otherwise violate
any applicable local, state, national, or international law or regulation.
Copyright and Trademark Information
All content included or available on this site, including site design,
text, graphics, interfaces, and the selection and arrangements thereof is ©2007
Foodee.com, will all rights reserved, or is the property of Foodee.com
parties protected by intellectual property rights. Any use of materials on the website,
including reproduction for purposes other than those noted above, modification,
distribution, or replication, any form of data extraction or data mining, or other
commercial exploitation of any kind, without prior written permission of an authorized
officer of Foodee.com is strictly prohibited. Members agree that they will not use
any robot, spider, or other automatic device, or manual process to monitor or copy
our web pages or the content contained therein without prior written permission
of an authorized officer of Foodee.com.
Foodee.com™ and logo are proprietary marks of Foodee.com.
Foodee.com trademarks may
not be used in connection with any product or service that is not provided by Foodee.com,
in any manner that is likely to cause confusion among customers, or in any manner
that disparages or discredits Foodee.com.
All other trademarks displayed on Foodee.com’s website are the trademarks of their
respective owners, and constitute neither an endorsement nor a recommendation of
those Vendors. In addition, such use of trademarks or links to the web sites of
Vendors is not intended to imply, directly or indirectly, that those Vendors endorse
or have any affiliation with Foodee.com.
Foodee.com retains the right, at our sole discretion, to terminate any accounts involved
with botnets and related activities. If any hostnames are used as command and control
points for botnets, Foodee.com reserves the right to direct the involved hostnames
to a honeypot, loopback address, logging facility, or any other destination at our
or unenforceable for any reason, the other provisions (and any partially-enforceable
provision) shall not be affected thereby and shall remain valid and enforceable
other agreements referenced herein may be assigned by Foodee.com, in our sole discretion,
shall apply in addition to, and shall not be superseded by, any other written agreement
between us in relation to your participation as a Member. Member agrees that by
of their personally identifiable information and other practices described in our