Terms of Service | Privacy Policy
LoveWithFood Terms of Use
This Terms of Use Agreement sets forth the standards of use of LoveWtihFood.com (the "Website"). These Terms of Service ("Terms") govern your access to and use of the services and LoveWithFood websites (the "Services"), and any information, text, graphics, or other materials uploaded, downloaded or appearing on the Services (collectively referred to as "Content"). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
Basic Terms
You are responsible for your use of the Services, for any content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.
You may use the Services only if you can form a binding contract with LoveWithFood and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services that LoveWithFood provides are always evolving and the form and nature of the Services that LoveWithFood provides may change from time to time without prior notice to you. In addition, LoveWithFood may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally 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 at any time without prior notice to you.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by LoveWithFood on the Services are subject to change. In consideration for LoveWithFood granting you access to and use of the Services, you agree that LoveWithFood and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
LoveWithFood does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside LoveWithFood's control.
Privacy
Any information that you provide to LoveWithFood is subject to our Privacy Policy, which governs our collection and use of your information. 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, including the transfer of this information to the United States and/or other countries for storage, processing and use by LoveWithFood. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your LoveWithFood account, which you may not be able to opt-out from receiving.
Member Account and Password
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 LoveWithFood 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 LoveWithFood.
Content on the Services
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
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 understand that by 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 LoveWithFood 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.
Content Submitted
If you elect to post material to any blogs, forums, channels or other community boards that may be offered on our sites, or if you elect to upload any photographs, audio or video, you will be solely responsible for all content, recipes, reviews, stories, products, messages, text, files, images, graphics, photos, audio clips, sounds, video or other materials (the "Postings"). You agree and warrant that any Postings you post to the sites will be true and accurate, will not defame any person or invade any person's privacy, and will not infringe the proprietary rights of any person. You agree not to furnish any Postings to which you do not own the rights.
By furnishing Postings, you give LoveWithFood the right to use such Postings in any manner and in any media now known or hereafter invented, including, without limitation, the right to combine your Postings with Postings of third parties in varied combinations. You also acknowledge that visitors to the sites may post comments about your Postings which may be derogatory, and that LoveWithFood has no obligation to monitor or delete any such postings.
Please be aware that LoveWithFood does not and cannot monitor all of the Postings made to the sites, and therefore LoveWithFood will not be responsible for the content of any Postings. However, LoveWithFood does reserve the right to delete or edit any material in any Posting that is obscene, harassing, offensive or otherwise objectionable and not in keeping with the community standards of the site. If LoveWithFood elects to edit any Postings, it nonetheless assumes no responsibility for the content of the Postings. Under no circumstances will LoveWithFood be liable for any inaccuracy or defect in any Postings.
We also expect our users to adhere to certain rules of the road. Therefore, you agree not to post, email, or otherwise make available Postings:
- that are unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, or invasive of another's privacy, or harmful to minors in any way;
- that harass, degrade, intimidate or are hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- that include personal or identifying information about another person without that person's explicit consent.
- that are false, deceptive, misleading, deceitful, misinformative, constitute "bait and switch" or impersonation of any person or entity;
- contain your own or a third party's advertising, branding or promotional content;
- that infringe any proprietary rights, including copyright, of any party, or Postings that you do not have a right to make available;
- restrict or inhibit any other user from using and enjoying the LoveWithFood sites or the LoveWithFood services offered on them.
- that relate to products that sexual or pornographic in nature, alcoholic products, tobacco products or other products that are unlawful in any manner.
Because LoveWithFood does not monitor the Postings, you agree to use and rely on them at your own risk. LoveWithFood cannot make any representation or warranty about the material contained in the Postings. LoveWithFood likewise assumes no responsibility for any contact you may have with other users of our sites, either online or offline. If you elect to meet in person with someone you may meet on our sites, you do so at your own risk, and under no circumstances will LoveWithFood be liable for any activity or injury that may occur.
California and Canadian Users
California and Canadian residents have the right to know how their information may be shared with third parties who engage in direct marketing activities and this policy explains our practices and how you can opt out of having your information shared for such purposes. We do not make any personally identifying information available to third parties for marketing purposes.
If you enter a contest or sweepstakes sponsored by a third party, information may be shared with that third party for their use in their discretion, including direct marketing (Some of our contests and sweeps will ask you at the time of entry whether you would like your personal information to be shared with the sponsor. Other contests will not give you that option and in that event, if you do not want your information to be shared, you should not enter the contest.)
Copyright; Trademark; Intellectual Property
Content posted on the LoveWithFood sites by us is owned by us or used with permission. You may not copy, use, or retransmit anything from or for our site without our permission.
The third-party images and text referenced, made accessible or made available to you on these pages or by means of the LoveWithFood service are protected by the copyright and trademark laws of the United States and other countries. You may need to obtain authorization of the owner of such materials before using them for any purpose other than viewing on the web. It is your responsibility to obtain any authorizations to use an image or text that may be required; LoveWithFood cannot give you such authorization. We cannot guarantee that the LoveWithFood Service will not locate unintended or objectionable content and LoveWithFood accepts no responsibility or liability for the content of any images or text included in any LoveWithFood list or otherwise linked to by the LoveWithFood services, or for your use of such content. LoveWithFood reserves the right to remove any pictures or content without notice to you, any other user, or any third party.
You are not allowed to post or distribute any material you do not own or which you do not have permission to use. You are also prohibited from engaging in any conduct that interferes with the technological operation of the sites or that tampers with any copyright protection mechanisms applicable to content on any sites. The technology and the software underlying our sites and the Services is the property of LoveWithFood, our affiliates, and our partners. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our sites or the Services. You agree not to modify the software underlying our sites in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to our sites.
Ignoring this policy may result in copyright, trademark, or other intellectual property rights violations.
Copyright Infringement
It is LoveWithFoods policy to respond to clear notices of alleged copyright infringement. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted on this Website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
(1) a description of the copyrighted work that you claim has been infringed;
(2) a description of where the material that you claim is infringing is located on this Website;
(3) your name, address, telephone number, and e-mail address;
(4) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf, and
(6) the signature of the copyright owner or of the person authorized to act on behalf of the copyright owner.
Any notification that fails to comply with the requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon LoveWithFood actual knowledge of facts or circumstances from which infringing material or acts are evident. There can be penalties for false claims under the DMCA, and LoveWithFood suggests that you consult with your legal advisor before filing a notice with LoveWithFood's Copyright Agent. LoveWithFood may, in appropriate circumstances and in its sole discretion, terminate the accounts of users who may be repeat infringers or otherwise prohibit such users from accessing the website.
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, LoveWithFood designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
Copyright Agent
EdgiLife Media Inc
63 Bovet Road, #519
San Mateo, CA 94402
email: support (at) lovewithfood (dot) com
Third-Party Sites
Our Website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their sites. You acknowledge that we are not responsible for the availability of, or the content or products 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 you 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 LoveWithFood makes 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. LoveWithfodo 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.
Disclaimers
LoveWithFood is not responsible for the conduct, whether online or offline, of any user of the sites. LoveWithFood takes reasonable steps to protect the security and integrity of all personal information you provide to the sites; however, due to the inherent nature of the Internet, we cannot guarantee that information, during transmission through the Internet or while stored on our system or otherwise in our care, will be absolutely safe from intrusion by others, such as hackers. LoveWithFood assumes no liability for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user Posting. LoveWithFood is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the sites or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation in any activities on the sites or downloading materials. We make no warranties the services will be timely, secure, uninterrupted, or error-free. You understand that if you download any material, you do so at your sole risk. Under no circumstances shall LoveWithFood be responsible for any loss or damage, including personal injury or death, resulting from use of the sites, any content posted on or through the sites, or conduct of any users of the sites, whether online or offline. We cannot guarantee that the LoveWithFood Service will not locate unintended or objectionable content and LoveWithFood accepts no responsibility or liability for the content of any site included in any LoveWithFood list or otherwise linked to by the LoveWithFood services, or for your use of such content. We can, whenever we want, edit or delete any content displayed on the sites. You use the sites at your own risk. Everything you see on our sites is provided to you "as is." The sites are provided "AS-IS" and as available and LoveWithFood expressly disclaims any warranty of fitness for a particular purpose or non-infringement. LoveWithFood cannot guarantee and does not promise any specific results from use of the sites.
Limitation on Liability
IN NO EVENT SHALL LOVEWITHFOOD BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF LOVEWITHFOOD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN.
Indemnity
You agree to indemnify and hold LoveWithFood, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss or liability arising out of your use of the sites or from any claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the sites in violation of these terms of service and/or any breach of your representations, warranties and obligations set forth above and/or if any content that you post in Postings on the sites or through the sites causes LoveWithFood to be liable to another.
Disputes
If there is any dispute about or involving the site or service, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, San Mateo County. LoveWithFood may demand that any dispute between LoveWithFood and you about or involving the sites must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in San Mateo, California, USA.
Termination
LoveWithFood reserves the right, without notice and in its sole discretion at any time, to terminate your license to use this Web site, to block or prevent future access to and use of this Web site, and to remove and discard any Postings and Content.
Changes to Privacy Policy and Notice
LoveWithFood may change this policy from time to time in its discretion. Your continued use of our sites indicates your consent to this privacy policy and any amended versions of it. This policy was last updated on Apr 14th, 2010.