ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND FORTRUEFOODIESONLY INC. WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
- You must be at least 13 years old to use the Service.
- You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.
- You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, ForTrueFoodiesOnly Inc. prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to ForTrueFoodiesOnly Inc. upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
- You agree that you will not solicit, collect or use the login credentials of other ForTrueFoodiesOnly Inc. users.
- You are responsible for keeping your password secret and secure.
- You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
- You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
- You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post or display on or via the Service.
- You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or ForTrueFoodiesOnly Inc.
- You must not access ForTrueFoodiesOnly Inc.'s private API by means other than those permitted by ForTrueFoodiesOnly Inc.
- You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a "spam") to any ForTrueFoodiesOnly Inc. users.
- You must not use domain names or web URLs in your username without prior written consent from ForTrueFoodiesOnly Inc.
- You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any ForTrueFoodiesOnly Inc. page is rendered or displayed in a user's browser or device.
- You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
- We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. You can deactivate your ForTrueFoodiesOnly Inc. account by contacting us at email@example.com and providing sufficient evidence of your ownership of the account. If we terminate your access to the Service or you deactivate your account, your photos, comments, likes, friendships, and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your photos), but those materials and data may persist and appear within the Service (e.g., if your Content has been reshared by others).
- We reserve the right to refuse access to the Service to anyone for any reason at any time.
- We reserve the right to force forfeiture of any username for any reason.
- You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that ForTrueFoodiesOnly Inc. is not responsible or liable for the conduct of any user. ForTrueFoodiesOnly Inc. reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.
- There may be links from the Service, or from communications you receive from the Service, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Service. The Service also includes third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third-party web site or feature. For example, the Service may include a feature that enables you to share Content from the Service or your Content with a third party, which may be publicly posted on that third party's service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. ForTrueFoodiesOnly Inc. does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that ForTrueFoodiesOnly Inc. is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an "Application") and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if ForTrueFoodiesOnly Inc. has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the ForTrueFoodiesOnly Inc. Parties (defined below) harmless for activity related to the Application.
- You agree that you are responsible for all data charges you incur through use of the Service.
- We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with ForTrueFoodiesOnly Inc.'s express consent).
- Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that ForTrueFoodiesOnly Inc. may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
- You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
- The Service contains content owned or licensed by ForTrueFoodiesOnly Inc. ("ForTrueFoodiesOnly Inc. Content"). ForTrueFoodiesOnly Inc. Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and ForTrueFoodiesOnly Inc., ForTrueFoodiesOnly Inc. owns and retains all rights in the ForTrueFoodiesOnly Inc. Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the ForTrueFoodiesOnly Inc. Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the ForTrueFoodiesOnly Inc. Content.
- All contents of the Service are: ©2016 ForTrueFoodiesOnly Inc. All rights reserved. ForTrueFoodiesOnly Inc. is not responsible for content on websites operated by parties other than ForTrueFoodiesOnly Inc. FORTRUEFOODIESONLY INC., the ForTrueFoodiesOnly logo, True Foodies and all other product or service names or slogans displayed on the Service are registered and/or common law trademarks of ForTrueFoodiesOnly Inc. and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of ForTrueFoodiesOnly Inc. or the applicable trademark holder. In addition, the look and feel of the Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of ForTrueFoodiesOnly Inc. and may not be copied, imitated or used, in whole or in part, without the prior written permission of ForTrueFoodiesOnly Inc. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by ForTrueFoodiesOnly Inc.
- Although it is ForTrueFoodiesOnly Inc.'s intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, ForTrueFoodiesOnly Inc. reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by ForTrueFoodiesOnly Inc., including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, ForTrueFoodiesOnly Inc. encourages you to maintain your own backup of your Content. In other words, ForTrueFoodiesOnly Inc. is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. ForTrueFoodiesOnly Inc. will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
- It is ForTrueFoodiesOnly Inc.'s policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, ForTrueFoodiesOnly Inc. does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that ForTrueFoodiesOnly Inc. is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
Reporting Copyright and Other IP Violations
- We respect other people's rights, and expect you to do the same.
- If you are aware of an infringement of either your brand or our brand, please let us know by following the Copyright Complaint Policy below and by e-mailing us at firstname.lastname@example.org. We only address messages concerning brand infringement at this email address.
COPYRIGHT COMPLAINT POLICY
If you believe in good faith that materials hosted by us infringe your copyright, please provide the written information requested below. The procedure outlined below is exclusively for notifying ForTrueFoodiesOnly Inc. that your copyrighted material has been infringed.
Please provide the following information in the following format (including Section Numbers):
- A clear identification of the copyrighted work you claim was infringed.
- A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Service.
- Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
- Include the following statement: "I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law."
- Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed."
- The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claims of copyright infringement on the Service should be emailed or mailed to:
ForTrueFoodiesOnly Inc. 222 W. Merchandise Mart Plaza, Suite 1212 Chicago, IL 60654
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please note that you may be liable for damages (including costs and attorneys fees) if you make a false claim of copyright infringement.
We will review and address all notices that comply with the requirements above.
- You understand and agree that upon receipt of a notice of a claim of copyright infringement, ForTrueFoodiesOnly Inc. may immediately remove the identified materials from the Service without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
REPEAT INFRINGER POLICY
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, ForTrueFoodiesOnly Inc. has adopted a policy of terminating, in appropriate circumstances and at ForTrueFoodiesOnly Inc.'s sole discretion, subscribers or account holders who are deemed to be repeat infringers. ForTrueFoodiesOnly Inc. may also at its sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Disclaimer of Warranties
THE SERVICE, INCLUDING, WITHOUT LIMITATION, FORTRUEFOODIESONLY INC. CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER FORTRUEFOODIESONLY INC. NOR ITS CORPORATE AFFILIATES NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE "FORTRUEFOODIESONLY INC. PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE FORTRUEFOODIESONLY INC. CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO FORTRUEFOODIESONLY INC. OR VIA THE SERVICE. IN ADDITION, THE FORTRUEFOODIESONLY INC. PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THE SERVICE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING OPENING HOURS, LOCATION, AND CONTACT INFORMATION. FORTRUEFOODIESONLY INC., ITS SUBSIDIARIES AND CORPORATE AFFILIATES DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF RESTAURANTS, WINES, RECIPES OR OTHER PRODUCTS DISPLAYED ON THE SERVICE (INCLUDING, WITHOUT LIMITATION, PRICING, AVAILABILITY, OPENING HOURS, LOCATION, PHOTOGRAPHS, LIST OF RESTAURANT AMENITIES, GENERAL PRODUCT DESCRIPTIONS, REVIEWS AND RATINGS, ETC.). IN ADDITION, FORTRUEFOODIESONLY INC. EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY ERRORS ON THE SERVICE.
FORTRUEFOODIESONLY INC. MAKEs NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THE SERVICE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THE SERVICE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY FORTRUEFOODIESONLY INC. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
THE FORTRUEFOODIESONLY INC. PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
Limitation of Liability; Waiver
UNDER NO CIRCUMSTANCES WILL THE FORTRUEFOODIESONLY INC. PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE FORTRUEFOODIESONLY INC. CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE FORTRUEFOODIESONLY INC. PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE FORTRUEFOODIESONLY INC. PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE FORTRUEFOODIESONLY INC. PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE FORTRUEFOODIESONLY INC. PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF FORTRUEFOODIESONLY INC.'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE FORTRUEFOODIESONLY INC. PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE FORTRUEFOODIESONLY INC. PARTIES.
FORTRUEFOODIESONLY INC. IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
Links To Third-Party Sites
This Website may contain hyperlinks to websites operated by parties other than ForTrueFoodiesOnly Inc.. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. In some cases you may be asked by a third party site to link your profile on ForTrueFoodiesOnly Inc. to a profile on another third party site. Choosing to do so is purely optional, and the decision to allow this information to be linked can be disabled (with the third party site) at any time.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with ForTrueFoodiesOnly Inc.
Time Limitation on Claims
You agree that any claim you may have arising out of or related to your relationship with ForTrueFoodiesOnly Inc. must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
Governing Law & Venue
The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject ForTrueFoodiesOnly Inc. to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that ForTrueFoodiesOnly Inc. provides.
Software related to or made available by the Service may be subject to United States export controls. Thus, no software from the Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.