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Terms of Use

Thank you for your interest in Foodfolio! This Terms of Service document (this “Agreement”) describes the terms and conditions of your use of any online service provided by Foodfolio.

Please read this Agreement carefully. Your use of the Foodfolio Service will constitute your agreement to comply with the terms contained in this Agreement. If you do not agree with the terms of this Agreement, you must discontinue your use of the Foodfolio Service. Also, please note that Foodfolio may revise this Agreement from time to time. If any of those changes are material, we will provide a notice concerning the changes on this page or in some other reasonable manner. Your use of the Foodfolio Service must comply with the terms and conditions in place at the time of your use.

YOUR USE OF THE FOODFOLIO SERVICE

Accurate Information and Privacy:When you register with the Foodfolio Service, you are required to provide us with accurate and complete name and e-mail address information and to update your information from time to time as needed. Please note that we need your current contact information to notify you of any important changes to your account or to the Foodfolio Service. We will use your information only to provide the Foodfolio Service to you. For more detailed information about Foodfolio’s use of personal information, please see our privacy policy. The terms and conditions of our privacy policy are part of and incorporated into this Agreement.

Your Responsibilities Generally:You are fully and solely responsible for your use of the Foodfolio Service and must use the service in keeping with any guidelines or instructions provided by Foodfolio from time to time. You must use the Foodfolio Service for lawful purposes only and, to the extent your actions give rise to any liability for Foodfolio or any other third party, you will be solely responsible for those liabilities, including paying for any costs or expenses associated with any legal claim. Under certain circumstances, including without limitation repeat violations of this Agreement or violation of third party rights through the Foodfolio Service, Foodfolio may terminate your account.

Your Content:You may keep your recipes in your account and you will be the only party that may access them. You are not required to share information in your account through the Foodfolio Service. However, when you choose to post or share recipes, information, photos or other content (your public “profile content”) so that it may be accessed by another user or users of the Foodfolio Service, then that shared content is no longer private. Your profile content will be made available on the Foodfolio Service and will be accessible through Internet search engines. For all of the shared content you provide, you automatically give very broad permission to Foodfolio and to any other party who receives that shared content through The Foodfolio Service or any other means (such as a search engine) to use, copy, distribute and display the shared content as they choose, including incorporating the shared content into Foodfolios or other products, without any compensation to you. In other words, you acknowledge that, when you make your shared content available, you do so freely and with the understanding that it may be used by and resold to other users of the Foodfolio Service and that you will not be paid for that or any other use of your shared content. Also, you acknowledge that Foodfolio may actively promote and resell the shared content as part of the Foodfolio Service. Foodfolio will not use your name or likeness in connection with your shared content, without your prior permission.

You must have full permission from all applicable rights holders for any content you post to the Foodfolio Service. You are fully responsible for the use and distribution of any content you post to the Foodfolio Service, including any claim(s) that you did not have the requisite right(s) to use the applicable content.

Foodfolio is not responsible for the maintenance or care of any of the content that you post to the Foodfolio Service. You are solely responsible for creating back-ups of your content.

Inactive Accounts: Foodfolio reserves the right to terminate any account that is inactive (meaning that the account hasn’t been accessed by the member) for 12 months or more. We will send at least one email notice to those members to notify them of a pending account termination. The email notice will be sent to the email address most recently provided by the member, so please keep your email address up to date.

Other Restrictions:You are not entitled to use or post any indecent, inappropriate or offensive language or any material that may infringe or invade the property or privacy rights of any other party. Also, you are not entitled to post any solicitations or advertisements, or material that is encrypted or that violates any law or regulation. Foodfolio may terminate access to any content that it deems inappropriate, unacceptable or in violation of the terms of this Agreement. You must not sell, resell or otherwise exploit the Foodfolio Service for commercial purposes, except in the course of normal use of the Foodfolio Service (e.g. ordering of products and services from Foodfolio). You must not impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity. You must not interfere with the operation of the Foodfolio Service. Other than normal use of the Foodfolio Service through a Web browser, you may not attempt to gain access to Foodfolio's servers by any means.

COPYRIGHT COMPLAINTS

If you believe that your work has been copied and is accessible through the Foodfolio Service in a way that constitutes copyright infringement, please notify Foodfolio. The notice must be provided to Foodfolio's copyright agent (address below) and include all of the information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512. As of the date of the posting of this Agreement, the information that you need to provide includes: identification of the copyrighted work that allegedly has been infringed; identification of the material on the Foodfolio Service that you believe infringes the copyright (with sufficient specificity to allow us to locate it on the Foodfolio Service); a statement that you believe in good faith that the use is not authorized by the copyright owner, its agent or the law; a statement that the information you have provided is accurate and, under penalty of perjury, that you are the owner of the copyright involved or are otherwise authorized to act for the owner; your physical or electronic signature; and your contact information.

Any claims of copyright infringement concerning the Foodfolio Service should be sent to Foodfolio, Inc., attention, Copyright Agent, at 5329 Broadway, Oakland, CA 94618. We will respond to each complaint quickly and diligently.

TERMINATION OF ACCESS AND REFUSAL TO FULFILL ORDERS

You understand and agree that Foodfolio may terminate your access the Foodfolio Service, for any reason, without notice to you. Foodfolio also reserves the right to refuse to fulfill any order you submit, if the order does not meet the requirements set out in this Agreement or elsewhere on the Foodfolio Service web pages.

OTHER INTELLECTUAL PROPERTY MATTERS

The Foodfolio Service contains copyrighted material, trademarks, and other proprietary information, all of which is individually and collectively protected by copyrights laws and other intellectual property laws in the United States and internationally. Except as part of the intended use of the Foodfolio Service, you must not copy, distribute, make available, publicly perform, display or create any work based on such content, or exploit such content in any way, in whole or in part. Except for content provided by users through the User Forums or otherwise shared through the Foodfolio Service, all of the content contained in the Foodfolio Service is owned Foodfolio and its licensors. All rights are hereby reserved.

DISCLAIMER OF WARRANTIES

THE FOODFOLIO SERVICE IS PROVIDED "AS IS" AND “WITH ALL FAULTS”. FOODFOLIO AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. FOODFOLIO AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE FOODFOLIO SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH THE FOODFOLIO SERVICE. FOODFOLIO IS NOT RESPONSIBLE FOR ANY LOSS OF DATA OR OTHER CONTENT POSTED TO THE FOODFOLIO SERVICE. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR CONTENT. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

LIMITATION OF LIABILITY

FOODFOLIO AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ALLEGEDLY SUSTAINED BY YOU OR ANY OTHER PARTY ARISING OUT OF YOUR USE OF (OR INABILITY TO ACCESS) THE FOODFOLIO SERVICE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE FOODFOLIO SERVICE, YOUR USE OF ANY OF THE INFORMATION OR MATERIALS MADE AVAILABLE ON THE FOODFOLIO SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF FOODFOLIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

FOODFOLIO’S TOTAL CUMULATIVE LIABILITY TO YOU WILL NOT EXCEED THE AMOUNTS YOU PAID TO FOODFOLIO FOR THE APPLICABLE PRODUCT OR SERVICE ORDERED THROUGH THE FOODFOLIO SERVICE.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

GENERAL LEGAL TERMS

You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the State of California as applicable to contracts that are wholly performed within, and by residents of, California. Any action based on or alleging a breach of this Agreement may be brought in a state or federal court in San Francisco, California. You agree that, regardless of any statute or law to the contrary, any claim arising out of or related to the use of the Foodfolio Service must be filed within one (1) year after the initial occurrence that gives rise to such claim or the claim will be barred. If any provision of this Agreement or portion thereof is declared invalid for any reason, the invalid provision or portion thereof willl be deemed omitted and the remaining terms will be given full force and effect. This Agreement, including all exhibits attached hereto, constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

CONTACT

Foodfolio welcomes your questions and comments about privacy, and what we do. Please feel free to e-mail us at feedback@foodfolio.net. If you need to reach us by mail, please write to:

Foodfolio
5329 Broadway
Oakland, CA 94618

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