Terms and Conditions of Service
PLEASE CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF SERVICE ("TOS" or “Agreement”) BEFORE USING FOODFAVES.
These TOS govern your use of “FoodFaves, ”which is comprised of www.foodfaves.com, the FoodFaves application and any related service, whether accessed through a mobile device, mobile application or computer, and includes their respective internet-based and mobile-based services, features, content, and functionality (the “Service” or “Services”).
Hungry-for-More Enterprises, L.L.C., a New York limited liability company, is the owner and operator of FoodFaves, and its licensors, suppliers, affiliates, agents, managers, directors, officers, employees, representatives, successors, and assigns (collectively, "FoodFaves," "we," "us," or "our") may, at their sole discretion, and at any time, discontinue FoodFaves or the Service, in whole or in part, or may prevent or restrict your use of the FoodFaves or any Service, in each case with or without notice to you.
FoodFaves reserves the right to change the terms, conditions, and notices under which it offers any of its Services at any time, for any reason, and without notice, and such modifications shall be deemed effective immediately upon posting of the modified terms. You are responsible for regularly reviewing these TOS. Your continued use of the Services or FoodFaves will mean you accept the TOS and any changes to the TOS. If, at any time, you do not wish to accept the TOS, you should immediately discontinue any use of FoodFaves, and delete the FoodFaves application. Any terms and conditions proposed by you which are in addition to or which conflict with the TOS are expressly rejected by us and shall be of no force or effect.
In agreeing to the terms and conditions of these TOS, you agree that we may at any time, in our sole and absolute discretion, without prior notice to you, modify, cancel, update, reconfigure, supplement, limit, terminate, or otherwise alter FoodFaves, the Services or any part thereof, including as between different users of the same Services, whether temporarily or permanently.
When you create a FoodFaves Account, you agree to take full responsibility for maintaining the confidentiality of your FoodFaves Account user name and password, and for all activity that is generated by your FoodFaves Account. Accordingly, you understand and agree that you will be liable for any activity performed by anyone using your FoodFaves Account, including, without limitation, any comments made under your FoodFaves Account and any charges incurred through your account to access certain pay services of FoodFaves if such services are made available. You agree to immediately notify us in writing of any unauthorized use of your FoodFaves Account or any other breach of security. You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that you are responsible for all data charges you incur through use of the Service. You agree that FoodFaves is not responsible or liable for the conduct of any user.
You must be at least 13 years old to use FoodFaves and the Services. FoodFaves and the Services are not targeted at children under the age of 13. Under no circumstances may anyone under age 13 use FoodFaves or Services. No one under age 13 is authorized to submit any information, including personally identifying information, through FoodFaves or the Services. Parents or legal guardians of children under 13 cannot agree to these terms on their behalf.
If you are the parent or legal guardian of a child under 13 who has created a FoodFaves Account, please contact us at this e-mail to have that child's account terminated and information deleted.
FoodFaves is for your personal, non-commercial use only. You may not reproduce, duplicate, copy, sell, resell, exploit or otherwise use FoodFaves, any portion thereof, or any services or products available thereunder for commercial purposes, without our express written permission. You may not use FoodFaves in any way that harms us or any user of FoodFaves or the Service, as determined in our sole discretion. Without limiting the generality of this Section, you will not use FoodFaves in any manner that could damage, disable, overburden, or impair FoodFaves or the Service (or the network(s) connected to FoodFaves or the Service) or interfere with any other party's use and enjoyment of FoodFaves or the Service.
You represent and warrant that your usage of FoodFaves or the Service will only be for lawful purposes and will be done in accordance with these TOS. You also represent and warrant that you will not use any of FoodFaves or the Service to violate any law, regulation or ordinance or any right of FoodFaves or any third party, including, without limitation, any right of privacy, publicity and intellectual property (including copyrights and trademarks). You further represent and warrant that you have the adequate legal capacity to abide by these TOS.
Without limiting the generality of Section 5, you will not use the Service or FoodFaves (i) to violate or infringe upon the rights of others in any way, (ii) to violate or facilitate the violation of any law or to encourage others to violate any law, (iii) to send unsolicited bulk e-mail and/or instant messages, (iv) to transmit, relay, or otherwise communicate vulgar, unlawful, obscene, profane, tortious, hateful, libelous, indecent, pornographic, violent, hateful, sexually suggestive, or otherwise offensive or objectionable materials or information, (v) to falsify your identity or impersonate another person; (vi) to defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities; (vii) to post private or confidential information via FoodFaves or 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,
or (viii) to engage in conduct that limits the use and enjoyment of FoodFaves or the Service, or any part thereof, by other users in any way, in each case as determined by us in our sole and absolute discretion.
You will not send automated queries of any sort to FoodFaves or the Service without express permission in advance from FoodFaves. Please note that "sending automated queries" includes, among other things (i) using any software that sends queries to the Service; (ii) "meta-searching" the Service; (iii) performing "offline" searches on the Service; and (iv) using software robots, spiders, or other tools to “scrape” or automatically copy any portions of FoodFaves or the Service.
You agree not to (i) reverse engineer, disassemble, alter, decompile, duplicate, create derivative works from, make copies of, extract information from, provide or distribute others with any portion of FoodFaves or the Service, or any information available on, extracted or derived from FoodFaves or the Service, or any part thereof; (ii) post any software, links or content that directly or indirectly contains viruses, malware, spyware, corrupted files or any other similar mechanism or code that may adversely affect the operation of FoodFaves or the Service; (iii) interfere or disrupt FoodFaves or the Service, its servers or networks connected to FoodFaves or the Service, including by transmitting any worms, spyware, viruses, malware or any other code of a destructive or disruptive nature; (iv) connect, use, attempt to connect or use in any way the Service, for purposes other than your private, personal use in good faith and as explicitly offered on FoodFaves, including without limitation for any commercial purpose, such as, for instance, sending unsolicited communications of any type or nature; (v) interfere, block, disable, or otherwise affect any advertising, advertising element, advertisement banner window or other features that constitute an integral part of FoodFaves or the Service; and (vi) incorporate, integrate or otherwise include any portion of the FoodFaves or the Service that is comprised of software into any software, program or product that communicates, accesses, or otherwise connects with FoodFaves or the Service or any other instant messaging, Internet, or online service. Finally, you may not authorize or assist any third party to do any of the things described in this section.
You agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. FoodFaves prohibits the creation of and you agree that you will not create an account for anyone other than yourself.
You agree that you will not solicit, collect or use the login credentials of other FoodFaves users. You may not use FoodFaves or 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 FoodFaves or the Service and your Content (defined below), including but not limited to, copyright laws.
We may terminate this Agreement, or terminate or suspend your access to FoodFaves or the Service at any time, for any reason, with or without cause, and with or without notice. Upon such termination or suspension, your right to use the FoodFaves or the Service will immediately cease. We reserve the right to force forfeiture of any username for any reason.
If you violate these TOS in any way, including, without limitation, by repeat infringement of copyrights or otherwise, we may, at our sole discretion and without obligation, terminate your account, block, remove, modify or monitor any account-related content or access, or take any other action that we believe is appropriate. If you otherwise create risk or possible legal exposure for FoodFaves, we can stop providing all or part of the Service to you. We may investigate violations of these TOS and may involve and cooperate with law enforcement authorities in prosecuting users of the FoodFaves or the Service who are involved in such violations.
You can deactivate your FoodFaves account by logging into FoodFaves and completing the form available here: [hyperlink to ‘delete account’ page]. If we terminate your access to FoodFaves or the Service or you use the form detailed above to deactivate your account, your photos, comments, likes, 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 FoodFaves(e.g., if your content has been reshared by others).
Upon termination, all licenses and other rights granted to you in these TOS will immediately cease.
By design, the nature of FoodFaves and Services are interactive and public. Certain of the Services may permit you to use your FoodFaves account to submit or share impressions, reviews or comments on topics, data, text, files, links, software, music, sound, photographs, graphics, images, video, communication, messages or other materials and terms of expression (collectively “User-Generated Content”). You agree that you will only post User-Generated Content which you are legally entitled to publish, and that you believe to be true, and that you will not purposely provide false or misleading information. You also understand and agree that any User-Generated Content you submit to FoodFaves through the Services may be used by FoodFaves anywhere, anytime and for any reason whatsoever.
You acknowledge and agree that your relationship with FoodFaves is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any User-Generated Content does not place FoodFaves in a position that is any different from the position held by members of the general public, including with regard to your User-Generated Content. None of your User-Generated Content will be subject to any obligation of confidence on the part of FoodFaves, and FoodFaves will not be liable for any use or disclosure of any User-Generated Content you provide. Exercise common sense and your best judgment when interacting with others, including when you submit or post User-Generated Content or any personal or other information.
You represent and warrant that you own all User-Generated Content submitted, displayed, published or posted by you on FoodFaves or otherwise possess the right to submit, display, publish or post the same, as well as grant the license to us contemplated below. Unless you have the express consent of the proper owner of any materials that are copyrighted, trademarked or otherwise subject to a proprietary right, you are not permitted to upload, post, or otherwise make such materials available on or though the Services. You are solely responsible for complying with all laws applicable to any User-Generated Content you submit to the Service and for determining whether any materials you wish to upload, post or otherwise make available on or through the Services are subject to copyright, trademark or some other proprietary right. Additionally, you are solely liable for any damages that may arise as a result of any infringement of copyright, trademark or other proprietary right, or any other damages that result from materials that you upload, post, repost, or otherwise make available on or through the Services. You are solely responsible for any User-Generated Content submitted to FoodFaves from your FoodFaves Account. We reserve the right in our sole and absolute discretion to promulgate such additional rules and policies which we deem necessary or appropriate to govern the posting or submission of materials on or through FoodFaves. We reserve the right in our sole discretion and without obligation to monitor all User-Generated Content to ensure conformity with these TOS and any other rules, policies or regulations as may be promulgated by FoodFaves from time to time it its sole discretion, as well as any applicable laws, rules and regulations of any government having proper jurisdiction over FoodFaves. We have the right, but not the obligation, to edit, delete, truncate, remove or refuse to post any User-Generated Content for any reason, including if the User-Generated Content contains any of the following, as determined in each case by FoodFaves in its sole and absolute discretion:
1. Content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent, or otherwise objectionable or inappropriate;
2. Content that contains personal information of an individual (e.g., email addresses, URLs, phone numbers and postal addresses) or anything that you are under a contractual obligation to keep private or confidential;
3. References to illegal activity, malpractice, or false advertising;
4. Content that does not address the goods and services of a business if so solicited or Content with no qualitative value, including photographs of items or feature items that are not edible by humans or that are poisonous or unpalatable to humans or any other non-food items;
5. Content violating the privacy of other users;
6. Content that contains business solicitation of any type not previously approved by FoodFaves, including advertising a product or service, offering a product or service for sale, or directing readers to a location for more information about a product or service;
7. Language intended to impersonate other users (including names of other individuals) or offensive or inappropriate user names or signatures;
8. Content that is encrypted or that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or personal information;
9. Content that otherwise violates these TOS or that may harm or threaten the safety of other users of FoodFaves; and
10. Content that is false or intentionally misleading.
Nothing set forth above shall alter or diminish your responsibility with respect to your User-Generated Content, as discussed herein. We do not assume responsibility or liability for any User-Generated Content or for any claims, damages, or losses resulting from any use of User-Generated Content. You acknowledge and agree that, with respect to any conduct within the Services, we do not assume liability and shall have no liability for any action or failure to act on the part of FoodFaves.
By submitting any User-Generated Content on FoodFaves or through the Services, you hereby grant us an non-exclusive, irrevocable, perpetual, unrestricted, transferable, sub-licensable, fully-paid, royalty-free, and worldwide license to use, reproduce, broadcast, modify, adapt, translate, transmit, store, privately and publicly display, privately and publicly perform, create derivative works based upon, distribute, and promote any and all User-Generated Content that you submit, upload, post, send to or through all or any portion of the Services, including without limitation, both within the Services and such other products or services as we may designate in any medium now known or hereafter devised, for editorial, commercial, promotional and all other purposes. To the extent you submit to FoodFaves any ideas, concepts, know-how, drawings, techniques or other materials and/or information of any kind, you agree that we are free to use any and all of the foregoing without further permission or payment to you or any third party. You also permit any user of FoodFaves or the Service to access, display, view, store and reproduce such User-Generated Content for personal use. You waive any right to inspect or approve uses of any User-Generated Content you submit or to be compensated for any such uses. FoodFaves is under no obligation to give credit or pay any consideration to you for User-Generated Content. You agree that we own all right, title, and interest in any compilation, collective work or other derivative work created by FoodFaves using or incorporating your User-Generated Content.
We do not control, verify or endorse any User-Generated Content posted or submitted by third-parties on FoodFaves or the Service, and do not guarantee the accuracy, integrity, timeliness or quality of such content. You understand that, by using the Services or accessing FoodFaves, you may be exposed to content that is offensive, obscene, indecent, or objectionable. You agree that you must evaluate and bear all risks associated with the use of any content on the Service, including any reliance on the content, integrity, and accuracy of such content.
As you use the Service, you should expect to receive, access or use information, text, materials, graphics, software, sound, data, advertising, and other content (collectively, "FoodFaves Content") provided by us, and owned and/or licensed by us. You further acknowledge and agree that FoodFaves Content contained in information presented to you through FoodFaves is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the FoodFaves Content. Except as expressly authorized by us, you agree not to modify, rent, lease, loan, sell, publish, transmit, distribute, create derivative works based on, or in any way exploit the Services, FoodFaves, or any FoodFaves Content available through or used in connection with FoodFaves, in whole or in part. You are not permitted to store any portion of the content of FoodFaves or the Service in a computer or mobile device unless it is for personal and non-commercial use.
We do not warrant or guarantee the accuracy, completeness or timeliness of any information available via FoodFaves or the Service. We do not authorize the use of information available FoodFaves or the Service for any purpose other than your personal use. You may not resell, redistribute or use this information for commercial purposes. We do not endorse or recommend any particular product or service, including any particular restaurant or food establishment or any particular food or dish.
You acknowledge and agree that FoodFaves®
and other FoodFaves logos including the logo featuring a fork, spoon, and knife reproduced below, products and service names are or may be trademarks and/or service marks of FoodFaves ("FoodFaves Marks"). You agree that you will not display, copy, imitate or use the FoodFaves Marks, in whole or in part, in any manner, without our express written permission. The names of other products and companies contained within our Services may be the trademarks or service marks of their respective owners. Nothing in these TOS grants you any license to use any trademark, service mark, names or logos of FoodFaves or any third party.
You understand and agree that the Service may include advertisements and that these advertisements are necessary for FoodFaves to provide the Service.
Certain portions of the Services contain features and functionality that may link to or be provided from a third party, including without limitation third party websites, databases, applications, software, programs, services, directories, servers, networks, and systems (collectively, “Third Party Services”). We provide access to these Third Party Services to you as a convenience only and FoodFaves does not, in any way, control or manage such Third Party Services. As such, we are not responsible for the content, functionality, accuracy, truthfulness, or availability of such Third Party Services or any link contained therein. By making such Third Party Services available via FoodFaves, we are not endorsing or warranting such Third Party Services in any way. Furthermore, we do not endorse any product or service that may be offered on or through such Third Party Services or through advertising delivered on or through the Services. Under no circumstances shall the access to or availability of such Third Party Services give rise to any liability to anyone for any damage of whatever nature whatsoever.
y use of any of the Services, you acknowledge that you are aware (i) that data and information on the Services may be subject to forgery, eavesdropping, tampering, sniffing, spamming, spoofing, password cracking, harassment, fraud, electronic trespassing, hacking, nuking, system contamination including viruses, worms and Trojan horses causing unauthorized, damaging and/or harmful access to, or retrieval of, information and data on your computer; (ii) of security and privacy limitations in the Services including without limitation the limitation of security, privacy and authentication measures and features; (iii) that the security and privacy features available on the Services, are provided to you as a convenience only and may not operate according to their description or may not operate at all; and (iv) that information, data or messages may not reach their destination or may reach an erroneous address or recipient.
You acknowledge that, as with most Internet applications (e.g., e-mail), there are certain risks associated with accepting or downloading files from or through FoodFaves. Such risks include, but are not limited to, (i) damage to your computer, (ii) damage to any data or files stored on your computer, (iii) FoodFaves users viewing your IP address, and (iv) files or other content you share with other FoodFaves users being redistributed and used without your knowledge or permission.
WE PROVIDE THE SERVICES AND FOODFAVES PLATFORM "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, SECURITY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE FOODFAVES PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED AS TO (i) FOODFAVES, (ii) THE SERVICE, (iii) FOODFAVES CONTENT, (iv) THE USER-GENERATED CONTENT, OR (v) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO FOODFAVES OR VIA THE SERVICE.
FOODFAVES PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (i) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE AND NON-INFRINGEMENT, (ii) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, (iii) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF FOODFAVES OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED AND (iv) THAT YOUR USE OF FOODFAVES OR THE SERVICE WILL PROVIDE SPECIFIC RESULTS.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF FOODFAVES OR THE SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. IF YOUR USE OF FOODFAVES OR THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, FOODFAVES IS NOT RESPONSIBLE FOR THOSE COSTS.
THE FOODFAVES 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. FOR EXAMPLE, IF YOU SUFFER AN ALLERGIC REACTION OR FOOD POISONING OR OTHER ILLNESS CAUSED BY FOOD YOU CONSUME, ACCIDENTALLY OR OTHERWISE, WHICH IS PROVIDED BY A THIRD PARTY FEATURED BY FOODFAVES, WE DISCLAIM ANY RESPONSIBILITY OR LIABILITY 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 SUCH CONSUMPTION.
THE FOODFAVES ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SITE OR THE SITE'S USERS. ACCORDINGLY, THE FOODFAVES ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM ANY THIRD PARTY’S ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SITE, INCLUDING FOOD POISONING CAUSED BY OR ALLERGIC REACTIONS TO ANYTHING YOU CONSUME THAT IS PROVIDED BY ANY THIRD PARTY. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES IS AT YOUR OWN DISCRETION AND RISK.
THE FOODFAVES ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
IN NO EVENT WILL FOODFAVES BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE SERVICE OR FOODFAVES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS SECTION 17 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (i) BREACH OF CONTRACT, (ii) BREACH OF WARRANTY, (iii) NEGLIGENCE, OR (iv) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US WITH RESPECT TO THIS AGREEMENT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
IN NO EVENT SHALL FOODFAVES’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE GREATER OF: (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE FOODFAVES ENTITIES IN CONNECTION WITH FOODFAVES OR THE SERVICES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) ONE HUNDRED UNITED STATES DOLLARS (USD$100.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF FOODFAVES’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 FOODFAVES PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, APPLICATION, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE FOODAVES PARTIES. BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
FOODFAVES 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.
You agree to release, indemnify, defend and hold harmless FoodFaves, its parent, subsidiaries and affiliates, and its and their shareholders, officers, directors, employees, agents and advisors, from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorneys' fees and costs (whether brought by third parties or otherwise) due to or arising out of User-Generated Content you submit, post, repost, transmit, copy, modify or otherwise make available through the Services, your use of FoodFaves or the Services, your connection to FoodFaves or the Services, any breach by you of this Agreement, any misrepresentation made by you, or your violation of any rights of another, including any other FoodFaves user. FoodFaves reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, which will not excuse your indemnity obligations under this Section. You will cooperate as fully required by FoodFaves in the defense of any claim.
These TOS will be governed by and construed in accordance with the laws of the State of New York, USA without reference to its conflict of law rules. By entering this site you acknowledge and agree that this Site will only be construed and evaluated according to such laws. You hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Suffolk County, New York, USA for any disputes arising out of or relating to this Agreement, FoodFaves or the use of the Service. Use of FoodFaves or the Service is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this Section.
If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remainder of this Agreement will continue in full force and effect. A printed version of this Agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and us with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Service. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
YOU AND FOODFAVES AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
All contents of FoodFaves are copyrighted by us with an address of P.O. Box 467, Deer Park, New York 11729. All rights reserved. The FoodFaves name and any logos and/or other FoodFaves products and services referenced herein may also be either trademarks or registered trademarks of FoodFaves in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
We respect the intellectual property rights of others, and asks FoodFaves users, advertisers, licensors and service providers to do the same. If you believe that your intellectual property is accessible on or through FoodFaves or the Service in a way that constitutes infringement, please contact us at firstname.lastname@example.org to report any alleged infringement to FoodFaves.
FoodFaves and it Services are solely directed to residents of the United States. 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 FoodFaves 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 FoodFaves provides. Those who choose to access FoodFaves or use the Services from outside of the United States do so at their own risk and may be subject to securities and tax regulations within their applicable jurisdictions that are not addressed on this FoodFaves Platform. You agree to comply with all local rules regarding online conduct, including all laws, rules, codes and regulations of the country in which you reside and the country from which you access FoodFaves. In addition, you agree to comply with all applicable laws, rules, codes and regulations regarding the transmission of technical data exported from the United States.
The failure of FoodFaves to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.