usage agreement
TERMS OF USE AGREEMENT This Terms of Use
Agreement
(“Agreement”) constitutes a legally
binding agreement made between you, whether personally or on behalf of an
entity (“user” or “you”) and https://healthy-ffood.blogspot.com, Inc. and its
affiliated companies (collectively, “Company” or “we” or “us” or “our”),
concerning your access to and use of the https://healthy-ffood.blogspot.com/website
as well as any other media form, media channel, mobile website or mobile
application related or connected thereto (collectively, the “Website”). The
Website provides the following service: a social network experience (“Company
Services”). Supplemental terms and conditions or documents that may be posted
on the Website from time to time, are hereby expressly incorporated into this
Agreement by reference. Company makes no representation that the Website is
appropriate or available in other locations other than where it is operated by
Company. The information provided on the Website 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 Company to any registration requirement within such jurisdiction or
country. Accordingly, those persons who choose to access the Website from other
locations do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws are applicable. All
users who are minors in the jurisdiction in which they reside (generally under
the age of 18) are not permitted to register for the Website or use the Company
Services. YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING
SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY
CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT,
OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO
NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE COMPANY SERVICES OR THE
WEBSITE. USER REPRESENTATIONS Regarding Your Registration By using the Company
Services, you represent and warrant that: A. all registration information you submit is truthful and accurate;
B. you will maintain the accuracy of such
information; C. you will keep your password confidential
and will be responsible for all use of your password and account; D. you are not a minor in the jurisdiction in which you reside, or if
a minor, you have received parental permission to use this Website; and You also agree to: (a) provide true,
accurate, current and complete information about yourself as prompted by the
Website’s registration form and (b) maintain and promptly update registration
data to keep it true, accurate, current and complete. If you provide any
information that is untrue, inaccurate, not current or incomplete, or Company
has reasonable grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, Company has the right to suspend or terminate your
account and refuse any and all current or future use of the Website (or any
portion thereof). We reserve the right to remove or reclaim or change a user
name you select if we determine appropriate in our discretion, such as when the
user name is obscene or otherwise objectionable or when a trademark owner
complains about a username that does not closely relate to a user's actual
name. Regarding Content You Provide The Website may invite you to chat or
participate in blogs, message boards, online forums and other functionality and
may provide you with the opportunity to create, submit, post, display,
transmit, perform, publish, distribute or broadcast content and materials to
Company and/or to or via the Website, including, without limitation, text,
writings, video, audio, photographs, graphics, comments, suggestions or
personally identifiable information or other material (collectively
"Contributions"). Any Contributions you transmit to Company will be
treated as non-confidential and non-proprietary. When you create or make
available a Contribution, you thereby represent and warrant that: A. the creation, distribution, transmission, public display and
performance, accessing, downloading and copying of your Contribution does not
and will not infringe the proprietary rights, including but not limited to the
copyright, patent, trademark, trade secret or moral rights of any third party;
B. you are the creator and owner of or have
the necessary licenses, rights, consents, releases and permissions to use and
to authorize Company and the Website users to use your Contributions as
necessary to exercise the licenses granted by you under this Agreement; C. you have the written consent, release, and/or permission of each
and every identifiable individual person in the Contribution to use the name or
likeness of each and every such identifiable individual person to enable inclusion
and use of the Contribution in the manner contemplated by this Website; D. your Contribution is not obscene, lewd, lascivious, filthy,
violent, harassing or otherwise objectionable (as determined by Company),
libelous or slanderous, does not ridicule, mock, disparage, intimidate or abuse
anyone, does not advocate the violent overthrow of any government, does not
incite, encourage or threaten physical harm against another, does not violate
any applicable law, regulation, or rule, and does not violate the privacy or
publicity rights of any third party; E. your Contribution does not contain material that solicits personal
information from anyone under 18 or exploit people under the age of 18 in a
sexual or violent manner, and does not violate any federal or state law
concerning child pornography or otherwise intended to protect the health or
well-being of minors; F. your Contribution does not include any
offensive comments that are connected to race, national origin, gender, sexual
preference or physical handicap; G. your Contribution does not otherwise violate, or link to material
that violates, any provision of this Agreement or any applicable law or
regulation.
CONTRIBUTION LICENSE By posting
Contributions to any part of the Website, or making them accessible to the
Website by linking your account to any of your social network accounts, you
automatically grant, and you represent and warrant that you have the right to
grant, to Company an unrestricted, unconditional, unlimited, irrevocable,
perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide
right and license to host, use, copy, reproduce, disclose, sell, resell,
publish, broadcast, retitle, archive, store, cache, publicly perform, publicly
display, reformat, translate, transmit, excerpt (in whole or in part) and
distribute such Contributions (including, without limitation, your image and
voice) for any purpose, commercial, advertising, or otherwise, to prepare
derivative works of, or incorporate into other works, such Contributions, and
to grant and authorize sublicenses of the foregoing. The use and distribution
may occur in any media formats and through any media channels. Such use and
distribution license will apply to any form, media, or technology now known or
hereafter developed, and includes our use of your name, company name, and
franchise name, as applicable, and any of the trademarks, service marks, trade
names and logos, personal and commercial images you provide. Company does not
assert any ownership over your Contributions; rather, as between us and you,
subject to the rights granted to us in this Agreement, you retain full
ownership of all of your Contributions and any intellectual property rights or
other proprietary rights associated with your Contributions. Company has the
right, in our sole and absolute discretion, to (i) edit, redact or otherwise
change any Contributions, (ii) re-categorize any Contributions to place them in
more appropriate locations or (iii) prescreen or delete any Contributions that
are determined to be inappropriate or otherwise in violation of this Agreement.
By uploading your Contributions to the Website, you hereby authorize Company to
grant to each end user a personal, limited, non-transferable, perpetual,
non-exclusive, royalty-free, fully-paid license to access, download, print and
otherwise use your Contributions for their internal purposes and not for
distribution, transfer, sale or commercial exploitation of any kind. GUIDELINES
FOR REVIEWS Company may accept, reject or remove reviews in its sole
discretion. Company has absolutely no obligation to screen reviews or to delete
reviews, even if anyone considers reviews objectionable or inaccurate. Those
persons posting reviews should comply with the following criteria: (1)
reviewers should have firsthand experience with the person/entity being
reviewed; (2) reviews should not contain: offensive language, profanity, or
abusive, racist, or hate language; discriminatory references based on religion,
race, gender, national origin, age, marital status, sexual orientation or
disability; or references to illegal activity; (3) reviewers should not be
affiliated with competitors if posting negative reviews; (4) reviewers should
not make any conclusions as to the legality of conduct; and (5) reviewers may
not post any false statements or organize a campaign encouraging others to post
reviews, whether positive or negative. Reviews are not endorsed by Company, and
do not represent the views of Company or of any affiliate or partner of
Company. Company does not assume liability for any review or for any claims,
liabilities or losses resulting from any review. By posting a review, the
reviewer hereby grants to Company a perpetual, non-exclusive, worldwide,
royalty-free, fully-paid, assignable and sublicensable license to Company to
reproduce, modify, translate, transmit by any means, display, perform and/or
distribute all content relating to reviews. MOBILE APPLICATION LICENSE
Use License If you are accessing the
Company Services via a mobile application, then Company grants you a revocable,
non-exclusive, non-transferable, limited right to install and use the
application on wireless handsets owned and controlled by you, and to access and
use the application on such devices strictly in accordance with the terms and
conditions of this license. You shall use the application strictly in
accordance with the terms of this license and shall not: (a) decompile, reverse
engineer, disassemble, attempt to derive the source code of, or decrypt the
application; (b) make any modification, adaptation, improvement, enhancement,
translation or derivative work from the application; (c) violate any applicable
laws, rules or regulations in connection with your access or use of the
application; (d) remove, alter or obscure any proprietary notice (including any
notice of copyright or trademark) of Company or its affiliates, partners,
suppliers or the licensors of the application; (e) use the application for any
revenue generating endeavor, commercial enterprise, or other purpose for which
it is not designed or intended; (f) make the application available over a
network or other environment permitting access or use by multiple devices or
users at the same time; (g) use the application for creating a product, service
or software that is, directly or indirectly, competitive with or in any way a
substitute for the application; (h) use the application to send automated
queries to any website or to send any unsolicited commercial e-mail; or (i) use
any proprietary information or interfaces of Company or other intellectual
property of Company in the design, development, manufacture, licensing or
distribution of any applications, accessories or devices for use with the
application. Terms Applicable to Apple and Android Devices The following terms
apply when you use a mobile application obtained from either the Apple Store or
Google Play to access the Company Services. You acknowledge that this Agreement
is concluded between you and Company only, and not with Apple Inc. or Google,
Inc. (each an “App Distributor”), and Company, not an App Distributor, is
solely responsible for the Company application and the content thereof. (1)
SCOPE OF LICENSE: The license granted to you for the Company application is
limited to a non-transferable license to use the Company application on a
device that utilizes the Apple iOS or Android operating system, as applicable,
and in accordance with the usage rules set forth in the applicable App
Distributor terms of service. (2) MAINTENANCE AND SUPPORT: Company is solely responsible
for providing any maintenance and support services with respect to the Company
application, as specified in this Agreement, or as required under applicable
law. You acknowledge that each App Distributor has no obligation whatsoever to
furnish any maintenance and support services with respect to the Company
application. (3) WARRANTY: Company is solely responsible for any product
warranties, whether express or implied by law, to the extent not effectively
disclaimed. In the event of any failure of the Company application to conform
to any applicable warranty, you may notify an App Distributor, and the App
Distributor, in accordance with its terms and policies, may refund the purchase
price, if any, paid for the Company application, and to the maximum extent
permitted by applicable law, an App Distributor will have no other warranty
obligation whatsoever with respect to the Company application, and any other
claims, losses, liabilities, damages, costs or expenses attributable to any
failure to conform to any warranty will be Company’s sole responsibility. (4)
PRODUCT CLAIMS: You acknowledge that Company, not an App Distributor, is
responsible for addressing any claims of yours or any third party relating to
the Company application or your possession and/or use of the Company
application, including, but not limited to: (i) product liability claims; (ii)
any claim that the Company application fails to conform to any applicable legal
or regulatory requirement; and (iii) claims arising under consumer protection
or similar legislation. (5) INTELLECTUAL PROPERTY RIGHTS: You acknowledge that,
in the event of any third party claim that the Company application or your
possession and use of the Company application infringes a third party’s intellectual property rights, the App
Distributor will not be responsible for the investigation, defense, settlement
and discharge of any such intellectual property infringement claim. (6) LEGAL
COMPLIANCE: You represent and warrant that (i) you are not located in a country
that is subject to a U.S. government embargo, or that has been designated by
the U.S. government as a “terrorist supporting” country; and (ii) you are not
listed on any U.S. government list of prohibited or restricted parties. (7)
THIRD PARTY TERMS OF AGREEMENT: You must comply with applicable third party
terms of agreement when using the Company application, e.g., if you have a VoIP
application, then you must not be in violation of their wireless data service
agreement when using the Company application. (8) THIRD PARTY BENEFICIARY:
Company and you acknowledge and agree that the App Distributors, and their
subsidiaries, are third party beneficiaries of this Agreement, and that, upon
your acceptance of the terms and conditions of this Agreement, each App Distributor
will have the right (and will be deemed to have accepted the right) to enforce
this Agreement against you as a third party beneficiary thereof. SOCIAL MEDIA
As part of the functionality of the Website, you may link your account with
online accounts you may have with third party service providers (each such
account, a “Third Party Account”) by either: (i) providing your Third Party
Account login information through the Website; or (ii) allowing Company to
access your Third Party Account, as is permitted under the applicable terms and
conditions that govern your use of each Third Party Account. You represent that
you are entitled to disclose your Third Party Account login information to
Company and/or grant Company access to your Third Party Account (including, but
not limited to, for use for the purposes described herein), without breach by
you of any of the terms and conditions that govern your use of the applicable
Third Party Account and without obligating Company to pay any fees or making
Company subject to any usage limitations imposed by such third party service
providers. By granting Company access to any Third Party Accounts, you
understand that (i) Company may access, make available and store (if
applicable) any content that you have provided to and stored in your Third
Party Account (the “Social Network Content”) so that it is available on and
through the Website via your account, including without limitation any friend
lists, and (ii) Company may submit and receive additional information to your Third
Party Account to the extent you are notified when you link your account with
the Third Party Account. Depending on the Third Party Accounts you choose and
subject to the privacy settings that you have set in such Third Party Accounts,
personally identifiable information that you post to your Third Party Accounts
may be available on and through your account on the Website. Please note that
if a Third Party Account or associated service becomes unavailable or Company’s
access to such Third Party Account is terminated by the third party service
provider, then Social Network Content may no longer be available on and through
the Website. You will have the ability to disable the connection between your
account on the Website and your Third Party Accounts at any time. PLEASE NOTE
THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH
YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH
THIRD PARTY SERVICE PROVIDERS. Company makes no effort to review any Social Network
Content for any purpose, including but not limited to, for accuracy, legality
or non-infringement, and Company is not responsible for any Social Network
Content. You acknowledge and agree that Company may access your e-mail address
book associated with a Third Party Account and your contacts list stored on
your mobile device or tablet computer solely for the purposes of identifying
and informing you of those contacts who have also registered to use the
Website. At your request made via email to our email address listed below, or
through your account settings (if applicable), Company will deactivate the
connection between the Website and your Third Party Account and delete any
information stored on Company’s servers that was obtained through such Third Party
Account, except the username and profile picture that become associated with
your account.
SUBMISSIONS You acknowledge and agree
that any questions, comments, suggestions, ideas, feedback or other information
about the Website or the Company Services ("Submissions") provided by
you to Company are non-confidential and Company (as well as any designee of
Company) shall be entitled to the unrestricted use and dissemination of these
Submissions for any purpose, commercial or otherwise, without acknowledgment or
compensation to you. PROHIBITED ACTIVITIES You may not access or use the
Website for any other purpose other than that for which Company makes it
available. The Website may not be used in connection with any commercial
endeavors except those that are specifically endorsed or approved by Company.
Prohibited activity includes, but is not limited to: A. attempting to bypass any measures of the Website designed to
prevent or restrict access to the Website, or any portion of the Website B. attempting to impersonate another user or person or using the
username of another user C. criminal or
tortious activity D. deciphering, decompiling, disassembling
or reverse engineering any of the software comprising or in any way making up a
part of the Website E. deleting the copyright or other
proprietary rights notice from any Website content F. engaging in any automated use of the system, such as using any
data mining, robots or similar data gathering and extraction tools G. except as may be the result of standard search engine or Internet
browser usage, using or launching, developing or distributing any automated
system, including, without limitation, any spider, robot (or "bot"),
cheat utility, scraper or offline reader that accesses the Website, or using or
launching any unauthorized script or other software H. harassing, annoying, intimidating or threatening any Company
employees or agents engaged in providing any portion of the Company Services to
you I. interfering with, disrupting, or
creating an undue burden on the Website or the networks or services connected
to the Website J. making any unauthorized use of the
Company Services, including collecting usernames and/or email addresses of
users by electronic or other means for the purpose of sending unsolicited
email, or creating user accounts by automated means or under false pretenses K. selling or otherwise transferring your profile L. systematic retrieval of data or other content from the Website to
create or compile, directly or indirectly, a collection, compilation, database
or directory without written permission from Company M. tricking, defrauding or misleading Company and other users,
especially in any attempt to learn sensitive account information such as
passwords N. using any information obtained from the
Website in order to harass, abuse, or harm another person O. using the Company Services as part of any effort to compete with
Company or to provide services as a service bureau P. using the Website in a manner inconsistent with any and all
applicable laws and regulations INTELLECTUAL PROPERTY RIGHTS
The content on the Website (“Company
Content”) and the trademarks, service marks and logos contained therein
(“Marks”) are owned by or licensed to Company, and are subject to copyright and
other intellectual property rights under United States and foreign laws and
international conventions. Company Content, includes, without limitation, all
source code, databases, functionality, software, website designs, audio, video,
text, photographs and graphics. All Company graphics, logos, designs, page
headers, button icons, scripts and service names are registered trademarks,
common law trademarks or trade dress of Company in the United States and/or
other countries. Company's trademarks and trade dress may not be used,
including as part of trademarks and/or as part of domain names, in connection
with any product or service in any manner that is likely to cause confusion and
may not be copied, imitated, or used, in whole or in part, without the prior
written permission of the Company. Company Content on the Website is provided
to you “AS IS” for your information and personal use only and may not be used,
copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed,
sold, licensed, or otherwise exploited for any other purposes whatsoever
without the prior written consent of the respective owners. Provided that you
are eligible to use the Website, you are granted a limited license to access
and use the Website and the Company Content and to download or print a copy of
any portion of the Company Content to which you have properly gained access
solely for your personal, noncommercial use. Company reserves all rights not
expressly granted to you in and to the Website and Company Content and Marks.
THIRD PARTY WEBSITES AND CONTENT The Website contains (or you may be sent
through the Website or the Company Services) links to other websites
("Third Party Websites") as well as articles, photographs, text,
graphics, pictures, designs, music, sound, video, information, applications,
software and other content or items belonging to or originating from third
parties (the "Third Party Content"). Such Third Party Websites and
Third Party Content are not investigated, monitored or checked for accuracy,
appropriateness, or completeness by us, and we are not responsible for any
Third Party Websites accessed through the Website or any Third Party Content
posted on, available through or installed from the Website, including the
content, accuracy, offensiveness, opinions, reliability, privacy practices or
other policies of or contained in the Third Party Websites or the Third Party
Content. Inclusion of, linking to or permitting the use or installation of any
Third Party Website or any Third Party Content does not imply approval or
endorsement thereof by us. If you decide to leave the Website and access the
Third Party Websites or to use or install any Third Party Content, you do so at
your own risk and you should be aware that our terms and policies no longer
govern. You should review the applicable terms and policies, including privacy
and data gathering practices, of any website to which you navigate from the
Website or relating to any applications you use or install from the Website.
Any purchases you make through Third Party Websites will be through other
websites and from other companies, and Company takes no responsibility
whatsoever in relation to such purchases which are exclusively between you and
the applicable third party. SITE MANAGEMENT Company reserves the right but does
not have the obligation to: A. monitor the Website
for violations of this Agreement; B. take appropriate legal action against anyone who, in Company’s
sole discretion, violates this Agreement, including without limitation,
reporting such user to law enforcement authorities; C. in Company’s sole discretion and without limitation, refuse,
restrict access to or availability of, or disable (to the extent
technologically feasible) any user’s contribution or any portion thereof that
may violate this Agreement or any Company policy; D. in Company’s sole discretion and without limitation, notice or
liability to remove from the Website or otherwise disable all files and content
that are excessive in size or are in any way burdensome to Company’s systems;
E. otherwise manage the Website in a manner
designed to protect the rights and property of Company and others and to
facilitate the proper functioning of the Website. PRIVACY POLICY We care about
the privacy of our users. Please review the Company Privacy Policy. By using
the Website or Company Services, you are consenting to have your personal data
transferred to and processed in the United States. By using the Website or the
Company Services, you are consenting to the terms of our Privacy Policy. TERM
AND TERMINATION This Agreement shall remain in full force and effect while you
use the Website or are otherwise a user or member of the Website, as
applicable. You may terminate your use or participation at any time, for any
reason, by following the instructions for terminating user accounts in your
account settings, if available, or by contacting us using the contact
information below. WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT,
COMPANY RESERVES THE RIGHT TO, IN COMPANY’S SOLE DISCRETION AND WITHOUT NOTICE
OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE AND THE COMPANY SERVICES,
TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT
LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN
THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND COMPANY MAY
TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND THE COMPANY SERVICES,
DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY
TIME, WITHOUT WARNING, IN COMPANY’S SOLE DISCRETION. In order to protect the
integrity of the Website and Company Services, Company reserves the right at
any time in its sole discretion to block certain IP addresses from accessing
the Website and Company Services. Any provisions of this Agreement that, in
order to fulfill the purposes of such provisions, need to survive the
termination or expiration of this Agreement, shall be deemed to survive for as
long as necessary to fulfill such purposes. YOU UNDERSTAND THAT CERTAIN STATES
ALLOW YOU TO CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY
TIME PRIOR TO MIDNIGHT OF COMPANY’S THIRD BUSINESS DAY FOLLOWING THE DATE OF
THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS. TO CANCEL, CALL A COMPANY
CUSTOMER CARE REPRESENTATIVE DURING NORMAL BUSINESS HOURS USING THE CONTACT
INFORMATION LISTING BELOW IN THIS AGREEMENT OR BY ACCESSING YOUR ACCOUNT
SETTINGS. THIS SECTION APPLIES ONLY TO INDIVIDUALS RESIDING IN STATES WITH SUCH
LAWS.
Comments
Post a Comment