Terms of Service

TERMS OF SERVICE

Last modified on May 28, 2016

Welcome to FoodizShare.com! We are a company organized and doing business in California (hereafter “Company”, “we”, “our”, or “us”). We offer the website and any associated mobile applications (the “Services”) according to these terms of service (the “Terms” or “Terms of Service”) below, and our separate privacy policy (the “Privacy Policy”), both of which are accessible via our website, to you (the “User”).

These Terms govern your access to and use of our Services and any videos, information, text, graphics, photos or other materials and data uploaded, downloaded or appearing on the Services (collectively, the “Content”). Additionally, these Terms govern the use, rights and obligations attendant to any service provided by Company in our Services.

By using our Service, you agree to these Terms of Service. Please read them carefully. If you do not agree to the Terms, you must stop using the Services and delete your account.

We reserve the right to modify these Terms without notice. Your continued use of the Service constitutes acceptance of these Terms. Violation of any Terms may result in termination of your account. Questions about these Terms may be sent to info@foodizshare.com.

Access to Services.

You represent and warrant to us that:

You are a natural person, acting either as an individual or as an authorized agent of a business entity, and are of competent age to form a binding contract, or have parental permission to do so, and are at least 18 years of age or older;
all registration information you submit is accurate and truthful to your best knowledge;
you will maintain the accuracy of such information; and
you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services.

We may prohibit any user from using the Service in our sole discretion for any reason, and will not be liable for any damage or loss resulting from such prohibition.

These Terms are void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.

Basic Terms of Use.

You are responsible for using the Services. You should only provide Content that you are comfortable sharing under these Terms.

You may use the Services only upon the formation of a valid contract with us, provided you are not barred from receiving services under the laws of the United States or other applicable jurisdictions. If you are accepting these Terms and using the Services on behalf of a company, organization, government or legal entity, you represent and warrant that such company, organization, government or legal entity has authorized you to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national and international laws, rules and regulations.

The form and nature of the Services that we provide may change from time to time without prior notice. We may stop (either permanently or temporarily) providing the Services (or any features within the Services) to you and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion without prior notice to you.

Payment and Billing. The Services may include an ecommerce portal by which users can make product purchases from and sell products to other users (“Portal”). If you provide us with a current, valid, accepted method of payment (as such may be updated from time to time, the “Payment Method”) to use the Portal, we use third-party payment processors to automatically process any payments you make to other users. We do not store any credit card payment information on our servers.

By signing up for a Service and providing a Payment Method, you authorize us to use third-party payment processors to process any payments you may make to other users on the Portal. You thereafter agree to any terms and conditions propagated and effectuated by any such third-party processor.

COMPANY IS NOT RESPONSIBLE FOR ANY RETURN AND SHIPPING POLICIES OF ANY USER. Company shall not be directly involved in any shipping matter with any user. Users of the Portal will be solely responsible for identifying, describing and implementing any shipping and return policies attendant to the sale of any products the list on the Service using the Portal.

You may edit Payment Method information at any time using the mechanisms available on the Service.

Privacy. Any information you provide to us is subject to the Privacy Policy, which governs any collection and use of information by us. You understand that through your use of the Services, you consent to the collection and use (as set forth in the Privacy Policy) of this information. As part of providing you the Services, we may provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, which you may not be able to opt-out of receiving

Password. You are responsible for safeguarding the password or credentials that you use to access the Services and for any activities or actions under your account. You are expressly required, as a condition for use of the Services, to use passwords containing a combination of upper and lowercase letters, numbers and symbols with your account and with other accounts that you may connect to your account. Failure to comply with any part of this Section 5 constitutes grounds for suspension and possible termination of your use of the Services at our discretion.

Prohibited Use. You may not:

Use the Services to aid in the purposes of any harassment or abuse;

Use the Services in to aid in the dissemination of any defamatory or libelous material;

Use the Services to circumvent any local, state or federal law;

Use the Services to place any information on the Internet relating to the Company or expressing any opinion about the Company unless you are specifically authorized to do so;

Use the Services to transmit, disseminate or otherwise violate any information belonging to Company or any third party that is either confidential or otherwise protected;

Use the Service to make or attempt to make commitments through the Internet on behalf of the Company;

Use the Service in furtherance of download, upload or transfer of copyrights digital material such as music media files, as well as film and video files without approval from the copyright owners; or

Use the Services in any way to infringe any copyright, database rights, trademarks or other intellectual property.

Content on the Services.

You are hereby granted a limited, nonexclusive, non-assignable license to access and use the Service. This license is freely revocable at any time. This license is subject to these Terms.

You acknowledge that we have no control over, and no duty to take any action regarding the following: (i) which users gain access to the Services; (ii) what Content you access via the Service; (iii) what effects the Content may have on you; (iv) how you may interpret or use the Content; or (v) what actions you may take as a result of having been exposed to the Content. You hereby release us from all liability for Content acquired or not acquired by you through the Services.

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We are not the source of, do not verify or endorse and takes no responsibility for the content of communications made using the Service. By using the Service, you agree that any Content you submit may be transmitted to the recipient of such communication.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You acknowledge that in using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or 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 or broadcast elsewhere.

We have the right, but not the obligation, to remove Content that it determines in its sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, that violates any third party’s intellectual property, or that is detrimental to the quality or intended spirit of the Service. We also have the right, but not the obligation, to limit or revoke the use privileges of anyone who posts such Content.

We reserve the right (but will have no obligation) to remove or refuse to distribute any Content on the Services and to suspend or terminate users or reclaim usernames without incurring liability to any user or third party. In the event of a suspected violation, we may investigate and/or take legal action as necessary, including without limitation, cooperating with and assisting law enforcement or government agencies in any resulting investigations of illegal content.

You will be prohibited from posting Content that: (i) impersonates another person or entity in a manner that does or is intended to mislead, confuse or deceive others; (ii) violates the rights of a third party, including the rights of third party, including copyright, trademark, privacy, and publicity rights; (iii) is in furtherance of illegal activities; (iv) is harassing, hateful, libelous, defamatory, abusive, or constitutes spam; or (v) is pornographic, predatory, sexually graphic, racist, offensive, harmful to a minor, or would otherwise violate the rights of any third party or give rise to potential civil or criminal liability.

You will not submit or publish Content that contains falsehoods or misrepresentations, contains junk mail, spam, chain letters or any form of solicitation, violates the publicity, privacy or data protection rights of others, impersonates others or include programs that contain viruses or any other programs designed to impair the functionality of any computer. You agree not to solicit, for commercial purposes, any of our other users regarding their Content. You agree not to circumvent, disable, or otherwise interfere with the security related features.

We reserve the right to access, read, preserve, and disclose any information as we reasonably determine is necessary to (i) satisfy any applicable law, regulation, legal process or governments request; (ii) enforce the Terms, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of Company, its users and the public. We do not disclose personally identifying information to third parties except in accordance with our Privacy Policy.
While accessing the Services, you may not (i) access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of our providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only under those terms and conditions), unless you have been allowed to do so in a separate agreement with Company; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or use the Services to send altered, deceptive or false source-identifying information; (v) interfere with, or disrupt, (or attempt to do so) the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services; (vi) use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data; or (vii) reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Services.
User Submissions.

(a) Any Content communicated, uploaded or posted to Service belongs to the person who posted such content.
(b) You agree that any feedback, suggestions, ideas, or other information or materials regarding Company or the Services that you provide, whether by email or otherwise, are non-confidential and will become the sole property of Company. We will be entitled to any unrestricted use and dissemination of such feedback for any purpose, commercial or otherwise, without your acknowledgment or compensation. You waive any rights that you may have to the feedback, to include copyrights or moral rights.
(c) The submission of User Content on the Service is entirely voluntary, non-confidential, gratuitous, and non-committal. You acknowledge that they have read, understand, and agree to the terms enumerated in this Section, and you further agree that such terms will apply to any additional material previously or later submitted:
- (i) You represent that Content represents your own original work, and you have all necessary rights to submit the Content. Further, you represent that you are not violating the rights of any third party and that you know of no other individual or entity whose rights will be infringed upon by using the Content.
- (ii) You irrevocably release and forever discharges us and our affiliates and subsidiaries (together, the “Released Parties”), from any and all actions, causes of actions whether in law or equity, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever which you now have or hereafter can, will, or may have against the Released Parties or their respective successors and assigns regarding the Content, including without limitation, regarding how both we and the Released Parties, directly and indirectly, use the Content, with the sole exception regarding the foregoing release and discharge being your right to bring a claim of patent infringement.

Restrictions. Except as specifically granted in these Terms or in other agreements, we retain all right, title, and interest in the Services. These Terms do not transfer ownership rights of any description in the Services to you or to any third party. You will not modify, reverse engineer, or decompile any component software of the Service, or create derivative works thereof. You will not provide access to Services to any persons or entities other than your employees, consultants, or contractors, where permitted. You will maintain all copyright and trademark notices as provided by us, and upon our request and at your cost, will take other reasonable steps to protect our intellectual property rights.

Copyright Ownership and Data Security

We own intellectual property rights to any protectable part of the Service, including but not limited to the design, artwork, images, code, icons, photographs, functionality, and documentation (“Our Content”). You may not copy, reproduce, republish, frame, download, transmit, display, modify, license, sublicense, loan, lease, reverse engineer, or exploit, in whole or in part, any part of Our Content.

We may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have otherwise been violated, please provide the following information to our copyright agent: (i) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the site; (iv) your address, telephone number, and email address; (v) A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) your statement, made under penalty of perjury, that the above information is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.

Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows: support@foodizshare.com.

Termination of Use.

These Terms will remain in full force in effect while you use the Services. You may terminate using the Services at any time. We may terminate or suspend your access to the Services or your membership at any time, for any reason, and without warning which may result in forfeiture and destruction of all information associated with your membership. We may also terminate or suspend any and all Services and access to the Services immediately, without prior notice or liability, and without allowing you further access to the Services for the term you have prepaid in advance if you breach any of the terms or conditions of these Terms or the Privacy Policy, or upon the occurrence or any event that is or is reasonably likely to give rise to a security threat to our infrastructure, systems or other Service mechanisms at our sole discretion.

Any fees you pay are non-refundable. Upon termination of your account, your right to use the Services or to access any Content will immediately cease. All provisions of these Terms which, by their nature, should survive termination, will survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

Warranties Respecting Service. We hereby warrant to you that:

We are the owner of the Services and either the owner or leasees of component software of the Services, and have the right to grant to you the use of the Services in the manner and for the purposes set forth in these Terms without violating the rights of any third party;

Work we perform in connection to the Services granted to you will be performed in a prompt, diligent, professional, and workmanlike manner and by employees who are appropriately trained and have proper expertise and skills to perform such services.

Disclaimer Respecting Users. UNLESS EXPRESSLY SET FORTH IN THESE TERMS, WE MAKE NO WARRANTY, EXRESS OR IMPLIED, WITH RESPECT TO ANY MATTER, INCLUDING WITHOUT LIMITATION ADVERTISING AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. WE DO NOT WARRANT THE RESULTS OF THE USE OF THE SERVICE, AND YOU ASSUME ALL RISKS AND RESPONSIBILITY WITH RESPECT THERETO.

Limitation on Liability.

TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SYSTEM FAILURE OR NETWORK OUTAGE, WILL COMPANY OR IT’S AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES THAT RESULT FROM THESE TERMS, EVEN IF THE DAMAGED PARTY OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE EXTENT PERMITTED BY LAW, EXCEPT FOR THE INDEMNITY OBLIGATIONS SET FORTH IN THESE TERMS, IN NO EVENT WILL COMPANY OR ITS AFFILIATES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT (WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNTS PAID BY YOU TO COMPANY HEREUNDER.

TO THE EXTENT PERMITTED BY LAW, WE WILL IN NO CASE BE LIABLE FOR ANY PHOTOS, VIDEOS OR CONTENT THAT YOU SUBMIT TO THE SERVICE OR POST.

TO THE EXTENT PERMIITED BY LAW, WE WILL IN NO CASE BE LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM THE SERVICE POSTING OR REBROADCASTING OF CONTENT IN ANY WAY INCLUDING, BUT NOT LIMITED TO POSTING CONTENT THROUGH THE PORTAL, AS PROVIDED.

Remedies for Breach of Warranty. In the event of any breach of the warranties set forth in these Terms, we will promptly provide support personnel upon request to repair, or assist in any difficulties with the Services, as applicable, such that the non-conforming service conforms with the requirements of these Terms.

Indemnification. By agreeing to these Terms, you agree to indemnify, defend, and hold harmless Company, our directors, officers, managing members, shareholders, employees, affiliates, licensors, and suppliers from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to (a) use of the Service; (b) any Content you post, upload, use, distribute, store, or otherwise transmit through the Service; (c) violating these Terms; or (d) violating the rights of another.

User Services Available “AS-IS”

Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

We make no warranty and disclaims all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from access to or use of the Services or any Content; (iii) the deletion of, or failing to store or to transmit, any Content and other communication maintained by the Services; or (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from us or through the Services will create any warranty not expressly made herein.

International Users. The Service is hosted in the United States. If you are accessing the Service from the European Union, Asia or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States law, be advised that through continued use of the Service, which is governed by United States law, you are transferring your personal information through the United States and you consent to such transfer.

Other Websites and Services. We are not responsible for the practices employed by any websites or services linked to or from our Service, including the information or content contained within them. Please remember that when you use a link to go from our Service to another website or service, our Privacy Policy does not apply to those third-party websites or services. Your browsing and interaction on any third-party website or service, including those that have a link on our website, are subject to that third party’s own rules and policies. In addition, you agree that we are not responsible and do not have control over any third-parties that you authorize to access Content. If you are a third-party website or service and allow third parties to access their account, you do so at your own risk.

Miscellaneous.

Our failure to enforce or exercise any right provided in these Terms will not be construed as a waiver of such right.

Should any provision of these Terms be found invalid or unenforceable, the remaining Terms will remain in effect.

Any dispute between you and Company will be governed by these Terms and the laws of California, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.

These Terms constitute the entire agreement between you and Company, and supersede any and all previous agreements between you and Company, with regard to the subject matter covered.

We may modify these Terms as necessary to reflect updates to the Service, or changes in the law. We will post any such modifications to these terms on this page. If you do not agree with or accept such changes, you should discontinue use of the Service.