FOODSTREAM TERMS OF SERVICE
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING THIS WEB SITE.
This Agreement was last updated on June 7, 2010.
ACCEPTANCE OF TERMS
Welcome to Foodstream. The Foodstream website, located at www.foodstream.net (the "Site") and Chevia’s mobile applications for Foodstream including without limitation Chevia’s iPhone applications (both the Site and such mobile applications are collectively referred to herein as the “Service”) are provided by Chevia, Inc. ("Chevia", "we", or "us"). By using our Site or the Service, you agree to be legally bound by these Terms of Service (the “Agreement”). These Terms of Service apply to all current features and to new features that are added to the existing Service. We encourage you to periodically review these Terms of Service. If you do not agree with any of these terms, do not access or otherwise use this site and/or the services or any information contained on the site.
You understand and agree that although part of the Service is provided as an iPhone application, these Terms of Service are between you and Chevia, and Apple is not a party to it; nor is Apple responsible for the application or the Service. However, in the event that any terms herein are less restrictive than the Usage Rules set forth in the App Store Terms of Service or are in conflict with Apple's App Store Terms of Service, the Usage Rules or the App Store Terms of Service (as applicable) shall prevail.
CHANGES IN TERMS OF SERVICE
This Agreement outlines the legally binding terms for your use of the Service. We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time, for any reason, without notice and such modifications will be made available on our Site. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review this Agreement to keep yourself apprised of any changes. Your continued use of the Service following the posting of changes and/or modifications constitutes (1) acknowledgement by you of our modifications, and (2) an agreement by you to abide and be bound by this Agreement and its modifications. You may identify whether Chevia has revised this Agreement by the Effective Date listed in Section 1 above.
DESCRIPTION OF SERVICE
Foodstream is a location-based service that allows users to post, share, search and discover information about products and places. All users, registered or not, may search and find information about such products and places. Users who create and register their profiles may also submit and share information about certain products and places. A variety of information is available at no charge to registered and unregistered users of the Service. Over time, however, we may introduce some fee-based products and services.
You are granted a non-transferable license to use the Service on any iPhone or iPod touch that you own or control as permitted by the Usage Rules set forth in the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service.
In order to obtain the full functionality of the Service you must register with Chevia by filling out and submitting our online registration form. In submitting the registration form, you represent and warrant that the information you provide is true, accurate, current and complete. Failure to do so or Chevia's reasonable suspicion of such failure shall be grounds for Chevia to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
During the registration process, you will be required to designate a username, an email address, and a password (your "Login Credentials"). You are solely responsible in all respects for all use of and for protecting the confidentiality of your Login Credentials. You agree to immediately notify Chevia of any unauthorized use of your Login Credentials and any other suspected breach of security regarding the Service. You are responsible for changing your password if you believe your password has been stolen or might otherwise be misused. You also agree to exit from your account at the end of each session.
USER CONDUCT AND RESPONSIBILITIES
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.
You may not submit automated queries to the Service. Any query sent to the Service by an automated agent such as a software process that is capable of submitting queries without direct human intervention will represent a violation of this Agreement.
Your use of the Service is subject to all applicable local, state, national and international laws and regulations.
Without limitation of the foregoing, your use of the Service is subject to the following:
- You shall not use the Service to interfere with any other person's use of the Service or attempt to use another's account without authorization.
- You shall not use the Service to falsely state or otherwise misrepresent your identity or your affiliation with any person or entity or impersonate any person or entity.
- You shall not use the Service to solicit personal information from anyone under age 13.
- You shall not use the Service to intimidate, harass, or "stalk" another.
- You shall not hold yourself out as sponsored by, endorsed by, or affiliated with Chevia or the Service.
- You shall not attempt to gain or gain unauthorized access to Chevia's database or other computer systems.
- You shall not attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Chevia in connection with the Service.
- You shall not engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Service.
If you register as user of our Service, you represent and warrant that any materials or information you transmit through or otherwise post or share through the Service are free of libel or other unlawful material, including matter that may be construed as invasion of privacy, violation of a right of publicity, a copyright, a patent, or a trademark infringement, and/or theft of trade secret or any other right of a person or party and that all necessary licenses and consents have been obtained for unrestricted use on the Web and within the application. Without limitation, you agree to not use the Service to upload, post, transmit, share, store or otherwise make available:
- any content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- any content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party (including without limitation rights of privacy and publicity), or that would otherwise create liability or violate any local, state, national or international law;
- any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or
- any content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Chevia or its users to any harm or liability of any type.
All content posted to or appearing on the Service, including but not limited to designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement (the "Site Content"), becomes the proprietary property of Chevia. You are granted a limited license to access and use the Service and to download or print a copy of any portion of the Site Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, which when posted to the Service becomes Public Content, you may not republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to this Agreement and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Service or the Site Content other than as specifically authorized herein, without the prior written permission of Chevia, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
You are solely responsible for any and all content that you upload, publish or display on or through the Service, or transmit to or share with other users. Chevia reserves the right to refuse to post, modify or remove, at its discretion, any content posted by you to the Service. You understand that you may not be able to remove or edit User Content, including Public Content, once you submit that content to the Service.
"Publicly accessible" areas of the Service are those areas that are intended by Chevia to be available to the general public. By posting any User Content to any publically-accessible area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Chevia and its affiliates a royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), fully paid, transferable, worldwide, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, publicly perform and display the content (in whole or in part) and/or to incorporate it in other works in any form, media, or technology whether now known or later developed, and distribute such Public Content for any purpose on or in connection with the Service or the promotion thereof. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any User to access, display, view, store and reproduce such content for the purposes contemplated by the Service. Subject to the foregoing, the owner of such content placed on the Site retains any and all other rights that may exist in such content which are not otherwise limited or modified by the grant of this license.
LIMITATIONS ON SERVICE
You acknowledge that Chevia may establish limits concerning use of the Service, including without limitation, the maximum number of days that Public Content will be retained by the Service, the maximum number and size of postings, mail messages, or other Public Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that Chevia has no responsibility or liability for the deletion or failure to store any Public Content maintained or transmitted by the Service. You acknowledge that Chevia reserves the right to delete or terminate accounts that are inactive for an extended period of time. You acknowledge that Chevia reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Chevia shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
LINKS TO OTHER WEBSITES AND CONTENT
The Site contains (or you may be sent through the Service) links to other web sites ("Third Party Sites") which may contain articles, photographs, text, graphics, pictures, designs, music, sound, video, information, software and other content belonging to or originating from third parties (the "Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Chevia, and Chevia is not responsible for any Third Party Sites accessed through the Service or any Third Party Content linked or posted through the Service, including without limitation the content, accuracy, offensiveness, opinions, reliability, legality, or policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of or linking to any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by Chevia. If you decide to leave the Service and access the Third Party Sites, 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 site to which you navigate from the Service.
You acknowledge and agree that any reviews, questions, comments, suggestions, ideas, feedback or other information about the Service ("Submissions"), provided by you to Chevia are non-confidential and shall become Public Content and the sole property of Chevia. Chevia shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Chevia and its licensors have expended substantial time, effort, and funds to create Chevia and its Services. The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. No copyrighted material or other content may be reproduced, modified, used to create derivative works, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the Public Content via a third party website or other networked computer environment) without the express prior written consent of Chevia. Use of Chevia and/or its licensors' content is only permitted with their express written permission.
All content on the Site or submitted to the Service is: Copyright ©; 2010 Chevia or its partners. All rights reserved. Chevia, the Chevia logo, Foodstream, the Foodstream logo, and the Foodstream application icons (including without limitation the Foodstream application icons on the iPhone) are trademarks of Chevia. All other trademarks are property of their respective companies. All trademarks and registered trademarks are protected by US and international trademark laws.
In the event of any third party claim that Chevia's iPhone applications or the Service, or your use of the iPhone applications or the Service, infringes that third party's intellectual property rights, Chevia, not Apple, will be solely responsible for the investigations, defense, settlement and discharge of any such intellectual property infringement claim.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Chevia's designated agent the written information specified below. (1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) A description of the copyrighted work that you claim has been infringed upon; (3) A description of where the material that you claim is infringing is located on the Site; (4) Your address, telephone number, and e-mail address; (5) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (6) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Chevia's Designated Agent for notice of claims of copyright infringement on its site can be reached as follows:
Attn: Copyright Infringement
2885 Sanford Ave SW #12894
Grandville, MI 49418
Chevia may terminate user accounts of registered users who are deemed, in Chevia's sole discretion, to be repeat infringers of any intellectual property rights of others or who violate provisions of this Agreement.
All notices to a party shall be in writing and shall be made either via e-mail or conventional mail. Chevia may broadcast notices or messages through its website or its application to inform you of changes to this Agreement, the Service, or other matters of importance. Such communications shall constitute notice to you.
Any questions, complaints or claims with respect to Chevia's applications or the Service should be directed to Chevia, Inc. using the following contact information:
Attn: Customer Service
2885 Sanford Ave SW #12894
Grandville, MI 49418
WARRANTIES AND DISCLAIMERS
Chevia does not represent, warrant or guarantee in any way that the recommendations posted by Users are accurate or satisfactory; and Chevia does not endorse or support any User recommendations. Any information or advice found in our Service is subjective and should not be used as your sole source of information. You acknowledge and agree that this Service may include errors, omissions, or outdated information.
Apple is not responsible for any failure of Chevia's iPhone applications or the Service. In the event of any such failure, you may notify Apple, and Apple will refund the purchase price for the iPhone application (if any). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Chevia's iPhone applications or the Service. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Chevia's sole responsibility. Chevia hereby disclaims liability for any such claims, losses, liabilities, damages, costs or expenses; and you agree that Chevia shall have no such liability.
Chevia is not responsible or liable in any manner for any User Content, Public Content or Third Party Content linked to or posted on the Service, whether linked, posted or caused by users of the Service or by any of the equipment or programming associated with or utilized in the Service. Chevia does not control and is not responsible for what users contribute to the Service and is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Service or in connection with any User Content, Public Content or Third Party Content. Chevia is not responsible for the conduct, whether online or offline, of any user of the Service.
The Service may be temporarily unavailable from time to time for maintenance or other reasons. Chevia assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications or User Content. Under no circumstances will Chevia be responsible for any loss or damage, including any loss or damage to any User Content, Public Content or personal injury or death, resulting from anyone's use of the Service, any User Content, Public Content or Third Party Content linked to or posted on or through the Service, or any interactions between users of the Service, whether online or offline.
Chevia reserves the right to change any and all content contained in the Site or offered through the Service at any time without notice. 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, or any affiliation therewith, by Chevia.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE, AND ALL CONTENT AND SERVICES INCLUDED IN THE SERVICE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, CHEVIA DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, CHEVIA MAKES NO WARRANTY OR REPRESENTATION REGARDING (i) ANY PRODUCT OR SERVICE OFFERED OR SOLD THROUGH THE SERVICE, (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, (iii) THE CURRENCY, ACCURACY, QUALITY, CONTENT, COMPLETENESS, LEGALITY, OPERABILITY, AVAILABILITY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, (iv) THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL, OR (v) THAT THE SERVICE WILL MEET ANY OF USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
- USE OF THE SERVICE IS AT YOUR SOLE RISK. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CHEVIA OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL CHEVIA, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SERVICE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF CHEVIA' SERVICES OR THE SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CHEVIA, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
SUCH LIMITATION OF LIABILITY SHALL APPLY:
- WHETHER THE DAMAGES ARISE FROM ANY PRODUCT OR SERVICE OFFERED OR SOLD THROUGH THE SERVICE, USE OR MISUSE OF AND RELIANCE ON THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
- WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY GOODS, SERVICES, INFORMATION, OR ADVICE RECEIVED OR ADVERTISED THROUGH THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE.
- WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA.
- WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SERVICE.
- NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL CHEVIA'S LIABILITY TO YOU FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SERVICE.
Chevia may, in its sole discretion, terminate your password, account (or any part thereof) or access to or use of the Service, remove or discard any content within the Service, or otherwise limit your access to this Service and its content, for any reason, including, without limitation, your failure to pay any fees or other amount due to Chevia, or if Chevia believes that you have breached or violated or acted inconsistently with the letter or spirit of these Terms of Service or any agreement between you and Chevia. Chevia may also in its sole discretion and at any time discontinue providing the Service or any related services, or any part thereof, with or without notice. You agree that any termination or limitation of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that Chevia may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Chevia shall not be liable to you or any third party for any termination or limitation of your access to the Service or any related services. All fees and other amounts paid to Chevia by any User for access to or use of the Service, any features or functionality of the Service or any related services are non-refundable, except as otherwise expressly provided herein or in any other written agreement between Chevia and such User.
You agree to indemnify, defend and hold harmless, Chevia, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Service from and against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, arising out of or in connection with any User Content, Public Content, any Third Party Content you link to, post or share on or through the Service, your use of the Service, your conduct in connection with the Service or with other users of the Service, or any violation of this Agreement or of any law or the rights of any third party by you. Chevia reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Chevia in asserting any available defenses.
Chevia controls and operates this Service from its headquarters in the United States and makes no representation that the Service, the content therein, or the Services are appropriate for use in locations other than the United States. 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. If you use the Service from outside the United States, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the content. You acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement. Upon your acceptance of the terms and conditions described herein, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary. This Agreement shall be governed by California law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You shall bring all disputes, actions, claims, or causes of action related to this Agreement or in connection with the Service only in the federal and state courts located in Santa Clara County, California. You agree that any cause of action arising out of or related to this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. Some jurisdictions may prohibit the shortening of the time period in which a cause of action must be brought. In all such jurisdictions, the applicable time period shall be the minimum allowed by law. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Chevia to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Chevia in writing. No joint venture, partnership, employment or agency relationship exists between you and Chevia. These Terms comprise the entire agreement between you and Chevia and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. The section titles in this Agreement are for convenience only and have no legal or contractual effect.