- ACCEPTANCE OF TERMS
- DESCRIPTION OF SERVICE
- USER CONDUCT
By way of example, and not as a limitation, you:
- represent and warrant that you have secured all necessary rights for submitting Content not created by you or that the submission of the content is otherwise permitted by all relevant law, including, for example, the law of fair use;
- acknowledge that all Content made available through Site is the sole responsibility of the person that submitted the Content. YOU ARE USING SUCH CONTENT AND ALL MATERIAL CONTAINED THEREIN AT YOUR OWN RISK. FoodPaths does not control the Content provided by others to the Site, and can therefore not guarantee the accuracy, quality, integrity, legality, or ownership of such content;
- acknowledge that you may be exposed to Content that you find offensive or indecent, or for which the underlying rights have not been properly obtained;
- acknowledge that FoodPaths assumes no responsibility for Content posted by third parties which is available through Site or the Services made available through Site;
- agree that you are solely responsible for your use of the Content and any disputes you may have with others regarding such Content; and
- agree that FoodPaths will not be held liable in any way for the actions of any user of the Site or submission, use, or display of Content submitted by others, including, but not limited to, claims of infringement, defamation, invasion of privacy, violation of rights of publicity, falsehoods, errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use or publication of any such Content posted on the Site.
- CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
By uploading, submitting or otherwise identifying Content for display or inclusion on the Site, you irrevocably grant to FoodPaths and its agents the royalty-free, fully paid up, worldwide, unconditional, perpetual, non-terminable, sub-licensable, right to post, display, distribute, publish, use, adapt, edit and/or modify such Content in any way, in any and all media, for any purpose, without limitation, including the advertising, distribution, and sale of FoodPaths’ products and services, all without any consideration to you. You agree to irrevocably assign and transfer to FoodPaths any and all rights, title and interest in the Content, including, without limitation, all copyrights, and waive all moral rights in and to the Content. You further agree to release, indemnify, and hold harmless FoodPaths from any and all claims that any commercial, advertising, presentation, Web content or any other material subsequently produced, presented, and/or prepared by or on behalf of FoodPaths infringe on the rights of the Content. You hereby waive in favor of FoodPaths, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that you may now or later have to your Content. Upon request of FoodPaths, you shall execute and deliver such additional instrument of assignment, as may be solely deemed by FoodPaths, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Content and of the copyrights transferred and “Moral Rights of Authors” waived under these Terms.
- COPYRIGHT COMPLAINTS
FoodPaths respects the intellectual property of others. It is FoodPaths’ policy to respond expeditiously to claims of copyright and other intellectual property infringement. FoodPaths will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, FoodPaths may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to the material that is claimed to be infringing.
Notifying FoodPaths of Copyright Infringement: To provide FoodPaths notice of an infringement, you must provide a written communication to the attention of "DMCA Infringement Notification Dept." care of email@example.com that sets forth the information specified by the DMCA (see: http://www.copyright.gov/title17/92chap5.html#512). Please note that FoodPaths may post your notification, making it available to the public. Please also note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.
Providing FoodPaths with Counter-Notification: If FoodPaths removes or disables access to content in response to an infringement notice, we will make a reasonable attempt to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide FoodPaths with a counter notification by written communication to the attention of "DMCA Counter Notification Dept." at firstname.lastname@example.org that sets forth all of the necessary information required by the DMCA (see: http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.
- WARRANTY DISCLAIMERS
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FOODPATHS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. FOODPATHS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE 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 THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE 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. FOODPATHS 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 FOODPATHS 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.
- LINKS AND THIRD PARTY SERVICES
- LIMITATION OF LIABILITY
IN NO EVENT SHALL FOODPATHS, 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 THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE 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 FOODPATHS 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.
Unless otherwise specified, the Site is presented solely for the purpose of promoting services available in the United States. FoodPaths makes no representation that the Site is appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable
FOODPATHS and the FoodPaths graphics, logos, designs, page headers, button icons, scripts, taglines, and service names are trademarks of FoodPaths in the U.S. FoodPaths’ trademarks may not be used, including in whole or as a part of trademarks and/or domain names, in connection with any product or service in any manner that is likely to cause confusion.