SHARE:

Terms of Use

The following Terms of Use outline your obligations when using the foodpaths.com website. Please also review our Privacy Policy.

    1. ACCEPTANCE OF TERMS

The webpages available at foodpaths.com ("Site"), and the services provided thereby, are owned and operated by FoodPaths, Inc. ("FoodPaths"), a Delaware corporation, and are accessed and utilized by you under the terms and conditions described below (the "Terms of Use").
PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED BELOW) ON THE SITE, YOU AGREE TO BE BOUND BY THE TERMS OF USE. IF YOU DO NOT AGREE TO EACH OF THE TERMS OF USE, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES OF THE SITE. FOODPATHS’ ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THE TERMS OF USE, TO THE EXCLUSION OF ALL OTHER TERMS. IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY FOODPATHS, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

    1. MODIFICATIONS OF TERMS OF USE

FoodPaths reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. If FoodPaths believes the alterations constitute a substantial change to the existing Terms of Use, FoodPaths may notify you by posting an announcement on the Site. What constitutes a "substantial change" is to be determined at FoodPaths’ sole discretion, in good faith, and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with any modifications to the Terms of Use. Use of the Services by you following such notification constitutes your acceptance of each of the terms and conditions of the Terms of Use as modified.

    1. DESCRIPTION OF SERVICE

Subject to full compliance with the Terms of Use, FoodPaths may offer to provide certain services and content, as described more fully on the Site, ("Services"). Services shall include, but not be limited to, any service and content FoodPaths performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services (including, but not limited to text, messages, information, data, graphics, photographs, images, audio clips, and video clips, which shall be collectively known as the "Content"). FoodPaths may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. FoodPaths may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

    1. USER CONDUCT

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by FoodPaths.
By way of example, and not as a limitation, you:

      1. 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;
      2. 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;
      3. 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;
      4. acknowledge that FoodPaths assumes no responsibility for Content posted by third parties which is available through Site or the Services made available through Site;
      5. agree that you are solely responsible for your use of the Content and any disputes you may have with others regarding such Content; and
      6. 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.

FoodPaths may remove any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. To report Terms of Use abuse, please email: info@foodpaths.com.

    1. 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.

    1. 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 info@foodpaths.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 info@foodpaths.com 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.

    1. FOODPATHS PRIVACY POLICY

FoodPaths’ current privacy policy is available here (the "Privacy Policy"), which is incorporated by this reference.

    1. INDEMNITY

You agree you shall indemnify and hold harmless FoodPaths, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys fees and costs from any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms of Use by you, a violation of law, or the infringement by you of any intellectual property or other right of any person or entity.

    1. 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.

    1. LINKS AND THIRD PARTY SERVICES

The Services may provide, or third parties may provide, links to other Internet sites or resources, such as Vimeo and YouTube. You may submit your Content through Vimeo’s website or YouTube’s website, and are subject to their Terms of Use and Privacy Policy, Because FoodPaths has no control over such sites and resources, you acknowledge and agree that FoodPaths is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that FoodPaths shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

    1. 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

    1. MISCELLANEOUS

No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind FoodPaths in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. FoodPaths shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond FoodPaths’ reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. The Terms of Use is not assignable, transferable or sub-licensable by you except with FoodPaths’ prior written consent. FoodPaths may transfer, assign or delegate the Terms of Use and its rights and obligations without consent. The terms of use shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. The parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California.

    1. TRADEMARKS

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.

Download on the App Store Download on Google play Download from Windows Phone Store
Easy Install, click and scan