1. Introduction
Thank you for visiting Foodmento and, if applicable, downloading our App. These Terms of Service are an integral part of using our Service, and you must completely agree to them and our Privacy Policy in order to use our App, Site, and Service in general.
2. Corporate Information
Foodmento is owned and operated by Foodmento Inc., a Delaware Corporation located in the United States of America.
3. Definitions
Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
“Agreement” means these Terms of Service;
“App” means the software we provide as a mobile application, known as “Foodmento”;
“Foodmento” refers to our company, known as “Foodmento Inc.,” our Site, our App, our Service, or a combination of all or some of the preceding definitions, depending on the context of the word;
“Service” refers to the services that we provide through our Site, including our Site itself; our App; and any other services that Foodmento may make available;
“Site” refers to our website, www.foodmento.com;
“User” refers to anyone who uses our App or other portion of our Service, and general visitors to our Site;
“You” refers to you, the person who is entering into this Agreement with Foodmento.
4. The Foodmento App
Foodmento is a mobile app that helps you organize, discover and share the best dishes in the world and connect with the people who love them. Foodmento’s platform serves as a single place for users to rate, recommend and search for the best dishes based on several filtering options including location, price, cuisine type and what friends on the app enjoy.
5. Limited License
The Foodmento App is software offered on a limited license basis. By downloading our App, you are agreeing to a limited license to use one copy of our App. You must not copy it, share it, reverse engineer it, or otherwise manipulate or distribute it. We may at any time revoke the license to use the App without refunds or other compensation.
6. Eligibility
In order to use our Service, you must meet a number of conditions, including but not limited to:
• You must be at least 13 years of age.
• You must not have previously created any other profile with Foodmento, unless you receive prior permission from Foodmento to create an additional profile.
• You must provide us with information which is truthful, complete, and accurate when prompted to do so.
• 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.
7. Disclaimer
Foodmento permits other Users to offer their opinions about certain foods. The opinions posted by Users do not represent Foodmento’s opinions, and you agree that we are not liable for any content posted by other Users, or your reliance on that content.
8. Rules of Use
In addition to meeting the above eligibility criteria, you must not:
• Post or send anything violent, threatening, pornographic (except food porn), racist, hateful, or otherwise objectionable according to the opinion of Foodmento or its delegates.
• Be fraudulent or negligent in your representations.
• Post tips for dishes at restaurants in which you have a stake (such as restaurants where you are an owner, manager, employee, or relative of such persons).
• Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
• Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the Foodmento Site, Service, or its Users’ computers.
• Do anything else which Foodmento believes is objectionable or may violate the rights of any person.
9. Billing
Foodmento may be offered through the Apple App Store or such other online stores as may be relevant, depending on any future releases of our App for another mobile platform. Any billing will be conducted by these third party app stores, and you agree that Foodmento is not liable for or a party to any disputes that you may have in relation to billing with such stores.
10. Our Copyright
Foodmento relies on the content that its Users upload to help build its App’s content database. Regardless of whether such content is owned by or licensed to us, a copyright subsists in the arrangement of that data. You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site, including User comments and User profiles submitted by third parties to Foodmento, without receiving our prior written permission.
11. Your Copyright
Foodmento must be assured that it has the right to use the content that is provided by its Users, whether it is posted through our App, on our Site, or otherwise. Such content may include, but is not limited to, photographs, videos, text, audio, and other materials. Whenever submitting content to our website, you agree that you are granting us a non-exclusive, universal, perpetual, irrevocable, sublicensable, commercial and non-commercial right to use, distribute, sell, publish, and otherwise make use of the content that you submit to us. You warrant to us that you have the right to grant us this right over the content, and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims regarding the same.
12. Trademarks
“Foodmento” is a trademark used by us, Foodmento Inc., to uniquely identify our Site, Service, App, and business. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own mobile app or food-related service.
13. Revocation of Consent
We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.
14. Copyright & Trademark Infringement
Users must not post any content that infringes on anyone’s intellectual property rights, including copyrights and trademarks. We take intellectual property infringement very seriously, and if you believe that your intellectual property rights have been infringed, please send us a message which contains:
• Your name.
• The name of the party whose intellectual property rights have been infringed, if different from your name.
• The name and description of the intellectual property that is being infringed.
• The location on our website of the infringing copy.
• A statement that you have a good faith belief that use of the intellectual property described above is not authorized by the intellectual property owner (or by a third party who is legally entitled to do so on behalf of the intellectual property owner) and is not otherwise permitted by law.
Please send this notice to us at [email protected] and we will take action as soon as possible.
15. Defamation
Because of the nature of our Service, third party users may publish defamatory material without our being able to screen it. Please notify us if you believe anything posted through our App, Site, or any other medium controlled by us is defamatory. If we agree that it is defamatory, we shall make an “offer of amends” as described therein.
16. Representations & Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.
WE ARE NOT RESPONSIBLE FOR ANY REVIEWS POSTED BY ANY OTHER USER, AND YOU ACKNOWLEDGE THAT SUCH REVIEWS MAY BE INACCURATE, NOT TRUTHFUL, OR NOT RELEVANT TO YOU.
WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
17. Indemnity
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our website or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
18. Choice of Law
This Agreement shall be governed by the laws in force in the United States of America. The offer and acceptance of this contract are deemed to have occurred in the United States of America.
19. Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes and you and Foodmento hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local "Small Claims" Court, if permitted by that Small Claims Court's rules.
You agree that if a dispute is eligible to be heard in Small Claims Court but you would be entitled to an additional or alternative remedy in a higher court, such as injunctive relief, you will waive your right to that remedy and still bring the dispute within the Small Claims Court.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the award of attorneys’ fees, court costs, and disbursements will be determined by the rules applicable in the Small Claims Court.
20. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
21. Severability
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Foodmento shall have the sole right to elect which provision remains in force.
22. Non-Waiver
Foodmento reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
23. Termination & Cancellation
We may terminate your account or access as well as access to our Site and Service to you at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever.
Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users, nor will we be liable for any amount remitted to any third party app store.
24. Assignment of Rights
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
25. Amendments
We may amend this Agreement from time to time. When we amend this Agreement, we will e-mail you that there has been a change. If you do not agree to the changes, you must cease using our Site and Service immediately and inform us of your non-agreement with sufficient information to identify your account at [email protected] so that we may disable your account.
Last Modified: April 15, 2014
