Terms of Service
Date of Last Update: January 6, 2021
Foodie Survivor Application
Foodie Survivor is an online platform and social media application operated by [Formal Name of Company] that enables users to manage their grocery inventory, match groceries with recipes, search and share recipes posted on the Foodie Survivor database, and share information about all things relating to food through our mobile or web based applications (collectively referenced as the “Services.”). These Services may change from time to time without prior notice to you and we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice.
We reserve the right in our sole discretion to change, modify, add, or delete portions of this TOS and modify the Services at any time. We will provide notice of such changes only by posting the updated Notice and changing the “last updated” date listed above. This TOS applies exclusively to your access to, interaction with, and use of, the Platform and our Services. By continuing to use the Services of Foodie Survivor, you represent that you have reviewed any updates to the TOS and acknowledge and agree to the terms and conditions of the TOS then existing at the time of use. We reserve the right, without notice and in our sole discretion, to terminate your license to use the Services for any reason or no reason at all. Violation of any of these terms or conditions may subject you to legal actions.
In order to access or use some features of our Services, you will have to become a registered user. If you are under the age of thirteen, then you are not permitted to register as a user or otherwise submit personal information to Foodie Survivor.
To become a registered user, you must provide true, accurate and complete registration information and, if such information changes, promptly update the relevant registration information. During registration, you will create a user name and password (a “Membership”), which may permit you access to certain portions of the Services. We also require the following information to register for our Services [List email, phone number, address, and any other information required, etc.] By completing the registration process, you agree that any information you provide is true and accurate, and that we may contact you using the information you provide to us whether electronically (emails, texts, or posts) or in written format (snail mail).
You may also update your profile with location information which may be used to locate vendors or third party service providers of potential interest to you. However, we do not warrant, endorse, or guarantee any goods or services provided from any third party service provider, nor the accuracy of any information on vendors or third party service providers or their location.
We offer “freemium” access to limited portions of our Services by just completing the Registration process, and also offer a paid version which provides full access to all the functionalities of the Foodie Survivor Services as described further below. You are responsible for safeguarding and maintaining the confidentiality of your Membership and to prevent unauthorized users from using your credentials to log onto the Platform. You are solely responsible for the activity that occurs under your Membership, whether or not you have authorized the activity. You agree to notify us immediately at our customer support address [email address or telephone number] of any breach of security or unauthorized use of your Membership.
By registering or using any of our Services, You agree to the following:
Proprietary Rights as to Content
Foodie Survivor or its affiliates or licensors solely and exclusively own all rights, title and interest in all materials appearing on the Platform, whether originating from Foodie Survivor, its users, or other third parties, including, without limitation, the Foodie Survivor logo, design, text, copy, graphics, videos, other files, and the selection and arrangement thereof (collectively, “Content”). Any Content submitted to us through the Foodie Survivor Platform becomes the property of Foodie Survivor and shall be governed by this TOS. Foodie Survivor reserves all rights in all content included, submitted, or made available through the Platform, regardless of its origin, including all text, graphics, logos, images, pictures or other audiovisual material appearing on the Platform. Unless otherwise expressly provided in this TOS, you shall not acquire any right, title, interest in any Content appearing on the Platform.
Upon registration, Foodie Survivor grants you a revocable, non-exclusive and non-transferable single user license to download and install one (1) copy of the Application to your mobile device, tablet and/or computer, and to access and use the Services, solely for your own personal use.
The information contained in the Platform is solely used for entertainment or educational purposes only, and should not be relied upon, nor used as a substitute, for any professional legal, medical, financial, dietary, nutritional, or therapeutic information or advice. Information provided on the Platform, including web pages, blog posts, articles, messages, etc. appearing on the Platform is general information only. You should always consult with your physician, licensed health care professional, or other professionals regarding any advice relating to your health or changes to your lifestyle. Moreover, we do not warrant nor endorse any goods or products referenced or appearing on the Platform and you should confirm that any goods or products referenced or appearing on the Platform is safe and/or suitable for your situation. This is especially true for children and/or individuals with allergies, disabilities or other sensitivities to particular food items. It is your responsibility to evaluate the accuracy, timeliness, usefulness of any information contained in the Platform and under no circumstances are we liable or responsible for any loss, injury, or damage caused by reliance on any information contained in the Platform.
A primary function of the Platform is to match recipes with groceries and to manage quantities. Users can determine what ingredients are needed for a specific recipe, or what food dishes can be prepared based on the ingredients in the user’s grocery items. Specific grocery items may be further classified by quantity, units and expiration date. Grocery items may also be added using a barcode scan and we integrate a third party service for this functionality. We do not warrant the reliability or accuracy of any third party service providers.
We encourage our users to use our Platform to exchange information, engage other users, and share authentic information and feedback. However, we take the integrity of information sent and received by our Platform seriously. By submitting, disclosing, or offering any recipe, review, photograph, image, video, “favorites” list, comments, feedback, postcards, suggestions, ideas, notes, drawings, concepts, and other information, content or material, or other item (each, a “Submission”) to Foodie Survivor, you hereby grant to Foodie Survivor an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense, and otherwise commercially and non-commercially exploit your Submission, and all copyright, trade secret, trademark, or other intellectual property rights therein, in any manner or medium now existing or hereafter developed (including but not limited to print, film, or electronic storage devices), and the exclusive right to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense, and otherwise exploit all such materials on commercial websites, without compensation of any kind to you or any third party. You further represent that any Submission is not false, misleading, vulgar, profane, obscene, threatening, violent, harassing, defamatory, inaccurate, or infringes upon the privacy or intellectual property rights of others, and any Submission does not contain any software viruses, solicitations, mass mailings, or “spam.” We reserve the right to request additional information, documentation, substantiation or other information to ensure compliance with this TOS, and you remain solely responsible for your Submissions. We further reserve the right to terminate your account and/or access to the Platform if we reasonably believe that our Services have been used for any misconduct, illegal activity, violation of any state or federal laws, or for any purpose injurious of the rights of others.
You hereby represent and warrant: (a) you have all necessary right, power, and authority to grant the license set forth herein to your Submission, (b) your Submission does not violate, misappropriate, or infringe any copyright, trade secret, trademark, other intellectual property right of any third party, and (c) does not consist of any fraudulent, defamatory, obscene, untrue material, or any other material prohibited under this TOS. Keep in mind that content appearing on other third party websites such as Youtube may be subject to their use restrictions.
Nothing herein should be construed as requiring Foodie Survivor to accept or publish any Submission. Publication or use of any Submission is at the sole discretion of Foodie Survivor, and can be denied, deleted, modified or revoked at any time. Publication of any Submission does not constitute an endorsement, approval or confirmation of the content submitted and should be considered matters of opinion only. Foodie Survivor is not liable for the accuracy or reliability of any information submitted by others in a Submission, and it is solely the responsibility of individual users to verify the accuracy of any Third Party Submissions. If your Submission is published, used and/or posted on the Platform or otherwise used by Foodie Survivor, we may include your name, likeness, photo or biographical information in conjunction with such publication, posting, or use. By submitting, disclosing, or offering a Submission, you hereby grant Foodie Survivor the right to use your name and Submission in connection with the publication, use or posting of your Submission, including sharing your posting across other social media outlets, websites, apps or platforms. You must include your full name and e-mail address with your Submission so we can contact you if we have any questions about your Submission; however, only your name and not your e-mail address will be published with your Submitted Item.
Registered users are granted a limited, nonexclusive right to create a hyperlink to the homepage or other informational pages on this web site or application only, provided such link does not portray Foodie Survivor or any of its products and services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time.
Other than as expressly permitted in this TOS, you may not copy, reproduce, distribute, publish, transmit, modify, create derivative works from, or otherwise exploit, reverse engineer, or create derivative works of any content, code, data or materials on or available through the Platform. When you use the Platform, you agree to comply with all applicable federal, state, and local laws, including, without limitation, copyright and defamation law. You may display and print material from the Platform solely for personal, non-commercial use, provided you keep all copyright or other proprietary notices intact. Any other use of Content, including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance, without the prior written permission of Foodie Survivor, is strictly prohibited.
Other prohibited uses include:
Use of robots, spiders, or any automatic device, or use of any manual process to copy or scrape the web site Content for any purpose without the express written permission of Foodie Survivor. Notwithstanding the foregoing, Foodie Survivor grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials;
You may not use, frame or utilize framing techniques to enclose any Foodie Survivor trademark, logo, or other proprietary information, including the images found at the Platform, the content of any text, or the layout/design of any page or form contained on the Platform, without Foodie Survivor’s express written consent. Except as noted in this TOS, Foodie Survivor does not transfer any right or license, by implication, estoppel or otherwise, in or under any patent, trademark, copyright, or proprietary right of Foodie Survivor or any third party;
Collecting or harvesting any personal identifiable information from the Platform including, but not limited to user names, passwords, email addresses;
Soliciting other users to join or become users or members of any other commercial online service, application or group, or for any commercial purpose without our prior written approval; and
Use the content in our Platform in a manner that suggests association or affiliation with us. Registered Users may link content contained in our Platform so long as it is not for any commercial purpose, and does not otherwise violate any term contained in this TOS. Notwithstanding anything to the contrary, Foodie Survivor reserves the right to prohibit the linking of content from our Platform, in our sole and absolute discretion, for any reason or no reason at all.
Use of User Content:
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising on the Services are subject to change. In consideration for Foodie Survivor granting you access to and use of the Services, you agree that Foodie Survivor and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others. You understand and agree that any information provided to us may be used for our advertising, marketing and promotional purposes either targeted to you, or provided or sold to third parties.
Foodie Survivor may provide hyperlinks to third party sites such as search engines and content of third parties or invite registered users to post recipes or other information on the Foodie Survivor platform (“Third-Party Content”) as a service to those interested in this information. Foodie Survivor does not monitor nor does Foodie Survivor have control over any Third-Party Content. Foodie Survivor does not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. Foodie Survivor does not warrant the accuracy of any information contained on, and undertakes no responsibility to update or review, any Third-Party Content. Users use these hyperlinks and Third-Party Content contained therein at their own risk.
THIS PLATFORM AND THE CONTENT AVAILABLE ON IT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND YOU AGREE USE OF THIS PLATFORM AND/OR ITS CONTENT IS AT YOUR SOLE RISK. Foodie Survivor DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Foodie Survivor DOES NOT REPRESENT OR WARRANT MATERIALS ON THIS PLATFORM ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. Foodie Survivor DOES NOT REPRESENT OR WARRANT THIS PLATFORM OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE YOUR USE OF THE WEB SITE AND CONTENT IS AT YOUR SOLE RISK.
Foodie Survivor reserves the right to change any and all Content contained on this Web site at any time without notice. Reference to any information, products, services, processes, or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Foodie Survivor.
Limitation of Liability
Nothing contained herein should be construed as a guarantee of continued access to the Platform. Foodie Survivor is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or redemption to be provided by or received from Foodie Survivor on account of technical problems or traffic congestion online or on the Internet or at any web site, or any combination thereof including any injury or damage to entrant’s or any other person’s computer related to or resulting from downloading any materials consistent with this Trial or subsequent use of Foodie Survivor.
CAUTION: ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE THE PLATFORM OR UNDERMINE THE LEGITIMATE OPERATION OF THE PLATFORM, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, Foodie Survivor WILL DISQUALIFY YOUR ATTEMPTED ACCESS AND RESERVES THE RIGHT TO SEEK DAMAGES FROM YOU TO THE FULLEST EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL Foodie Survivor OR ITS PRINCIPALS, OWNERS, AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THIS PLATFORM OR CONTENT CONTAINED ON, OR ACCESSED THROUGH, THIS PLATFORM, EVEN IF Foodie Survivor HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Although we have the right, but not the obligation, to monitor the Platform, your sole remedy for any dissatisfaction with the Platform or the Services is to discontinue use of the Platform. Any cause of action or claim brought by you arising out of or relating to use of the Platform must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred. In the event some jurisdictions do not allow the limitation or exclusion of liability as set forth herein, these limitations shall be applied to the fullest extent permitted under those jurisdictions.
You agree to defend, indemnify and hold harmless Foodie Survivor, its principals, owners, affiliates, and all of their officers, directors, agents, suppliers, and licensors from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Platform or any Materials or Submissions you provide, including, but not limited to, any claim by a third party that any Materials or Submissions infringe or violate such third party’s rights or interests.
Removal and Disclosure
We reserve the right to, at our sole discretion, remove, take down, destroy or delete any Information and/or Submissions at any time and for any reason, including, but not limited to Information and Submissions, that we deem inappropriate or which we believe might subject us to any liability, including any of the following:
Content that is libelous, defamatory, harassing, threatening, or inflammatory. For example, do not use obscenities or profanity, and don't express hatred or intolerance for people on the basis of race, ethnicity, nationality, gender or gender identity, religion, sexual orientation, age, or disability, including by promoting organizations with such views;
Content that is obscene, pornographic, or lewd, or that contains nudity or sexually explicit images or provocative or suggestive material;
Don't post content that invades others' privacy. For example, don't post other people's phone numbers, email addresses, mailing addresses, or other personal information, and don't post links to phishing or other malware sites;
Don't impersonate other people or organizations or pretend to be someone or something you're not;
Don't repeatedly send messages or requests to other people;
Don't attempt to drown out other people's opinions, including by posting from multiple accounts or coordinating with others;
Don't engage in name-calling or attack people based on whether you agree with them.
The Platform is intended to be a free exchange of ideas regarding anything food. You may question the beliefs and expertise of others as long as it is relevant and done in a respectful and non-threatening manner.
We may access, use and disclose transaction information about your use of our Platform, and any Material and Submissions transmitted by you via or in connection with our Platform, to the extent permitted by law, in order to comply with the law (e.g., a lawful subpoena); to initiate, render, bill and collect for our products and services; to protect our rights or property, or to protect users of our Web site from fraudulent, abusive, or unlawful use of our Web site. INDIRECT OR ATTEMPTED VIOLATIONS OF THIS NOTICE OR ANY RELATED POLICY, GUIDELINE OR AGREEMENT, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THIS AGREEMENT BY YOU.
This TOS shall be governed by and construed in accordance with the laws of the state of [Choice of Law], without regard to its choice of law principles to the contrary. Subject to the Arbitration provisions below, you agree any action at law or in equity arising out of or relating to these terms of service shall be filed only in the state and federal courts residing in [Choice of Forum], and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of this Notice.
Foodie Survivor reserves the right, without notice and in its sole discretion at any time, to terminate your license to use this Platform, to block or prevent future access to and use of this Web site, and to remove and discard any Information and Submissions.
If any provision of this Notice shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Notice and shall not affect the validity and enforceability of any remaining provisions.
Some features of the Services provided through the Platform require a fee-based subscription (all fee-based subscriptions are referred to as “Subscription Services”). If you elect to purchase Subscription Services you understand that your subscription is personal to you and the members of your household, and you may not transfer or make available your account name and password to others, including without limitation your co-workers. Any distribution by you of your account name and password in violation hereof may result in cancellation of your subscription without refund and in additional charges based on unauthorized use. Subscription Services may change, without prior notice as may the fees charged for said services. From time to time we may offer certain special promotions or offers (such as free premiums with purchase, or product discounts, etc.) associated with our products (“Special Premiums”). Any and all promotions and/or offers, including those for Special Premiums may be discontinued at any time, without prior notice at our discretion and are only available while supplies last or for the duration noted. Special discounts are applicable for one-time use only. Subsequent renewals will be charged at the then-current rate.
Rewards Redemption Program
For paid subscribers, we offer a rewards program for certain Submissions by paid subscribers. These rewards benefits may be cancelled, revoked, or terminated at any time without obligation and have no redeemable cash value. Foodie Survivor is not responsible for any third party service providers or third party participating vendors in the program.
Renewal Program & Cancellation Policy
Foodie Survivor will notify you via email prior to automatically renewing your subscription on the anniversary of your purchase to ensure that there is no interruption of your Foodie Survivor privileges. Foodie Survivor will charge your credit card at the then-current renewal rate using the credit card information we have on file for your account. [What is the policy if the credit card on file has changed?] Please contact the Foodie Survivor Customer Support Department at [email for cancellation requests] to cancel your automatic renewal, cancel your subscription.
When you cancel a subscription you will still have access to your subscription for the remainder of time you have already paid for and we do not refund any portion of your subscription that was already paid for prior to your cancellation.
For example, if you purchased a one-month subscription on Jan. 1 for [$X] and decide to cancel your subscription on Jan. 15, you will have access to the subscription until Jan. 31 and will not receive any refund or credit for the period between January 15th and January 31st. But you will not be charged another monthly subscription of $10 the following month, Feb. 1.
Important: UNINSTALLING THE APP DOES NOT AUTOMATICALLY STOP YOUR SUBSCRIPTION. You must affirmatively cancel your subscription using the steps set forth in this policy to end your subscription. If you uninstall the app without canceling your subscription, you will still be charged. If an app you've purchased a subscription for is removed from Google Play, your future subscription will be automatically canceled but past subscriptions will not be refunded. [Note: To prevent misunderstandings and disputes, I would recommend that when a user signs up for a paid service, that as part of the signup process, you also disclose to them that they need to affirmatively cancel in order for it to be effective. I have personally dealt with a lot of disputes arising from ambiguous or confusing cancellation procedures.]
Cancelling Subscription Services
Prices for all Subscription Services exclude all applicable taxes and telecommunication charges, unless expressly stated otherwise and are in the form of US Dollars. To the extent permissible under law, you are responsible for any applicable taxes, whether or not they are listed on your receipt or statement. If you purchase Subscription Services, you agree to pay, using a valid credit card (or other form of payment that we may accept from time to time), the applicable fees and taxes (if any) set forth on the Web site. We reserve the right, upon prior notice to you, to change the amount of any fees and to institute new fees, effective at the end of your current subscription period. All authorized charges will be billed to your designated credit card account (or other payment method) on the terms described in the specific offer. If payment cannot be charged to your credit card or your payment is returned to Foodie Survivor for any reason, Foodie Survivor reserves the right to either suspend or terminate your access to the Subscription Services.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Service Provider’s Designated Agent.
Notification must be submitted to the following Designated Agent:
Service Provider: [Name of Company]
Name of Agent Designated to Receive Notification of Claimed Infringement: [Name of Agent]
Full Address of Designated Agent to Which Notification Should be Sent: [Address of Agent]
Telephone Number of Designated Agent: [Phone Number]
Facsimile Number of Designated Agent: [Fax Number]
E-Mail Address of Designated Agent: [Email]
To be effective, the notification must be a written communication that includes the following:
A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may, in our sole and absolute discretion, give notice of a claim of copyright infringement to our users by means of a general notice on the Web site, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s address in our records. Foodie Survivor may, within its sole discretion, terminate authorization of users to its Platform who are repeat infringers. However, absent an order from a court of competent jurisdiction, Foodie Survivor is not obligated to remove any material from the Platform and it is ultimately the responsibility of the party claiming infringement to pursue any and all rights and remedies independent of any act or omission by Foodie Survivor, and any party claiming infringement agrees to defend and indemnify Foodie Survivor from any and all liability arising from any unsubstantiated claim of copyright or other infringement of intellectual property rights.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND FOODIE SURVIVOR WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. THAT MEANS THAT THERE WILL BE LESS DISCOVERY AND LIMITED APPELLATE REVIEW THAN IN COURT AND THAT AN ARBITRATOR, NOT A JUDGE OR JURY, WILL DECIDE ANY DISPUTE. YOU WAIVE YOUR RIGHT TO BRING AN ACTION IN COURT BEFORE A JUDGE OR JURY. YOU ALSO WAIVE YOUR RIGHT TO BRING PROCEEDINGS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, OR REPRESENTATIVE, ACTION OR ARBITRATION; AND WAIVE YOUR RIGHT TO A JURY TRIAL.
You agree that any Dispute between you and Foodie Survivor shall be resolved through individual arbitration. In arbitration, there is no judge or jury and there is generally less discovery and limited appellate review than in court. "Dispute" shall be interpreted broadly and shall include any claim or controversy arising from or relating to your use of Foodie Survivor or this TOS, including for example any: (1) claims for relief or theories of liability, whether based in contract, tort, statute or otherwise; (2) claims that arose before this agreement; and (3) claims that arise after the cancelation or expiration of this agreement. "Dispute" shall not, however, include any issues relating to the existence, scope, or validity of this arbitration provision, or any claims by Foodie Survivor of violation of any of Foodie Survivor’s copyrights, trademarks, trade secrets or other intellectual property of Foodie Survivor.
For all Disputes, you must first give us an opportunity to resolve your claim by sending a written description of your claim along with any supporting evidence or legal basis to [How and where to notify of a dispute] . We each agree to negotiate your claim in good faith. If we are unable to resolve the claim within 60 days after we receive this claim description and supporting documents, you may pursue your claim in arbitration. We each agree that if you fail to timely pay amounts due, we may assign your account for collection.
Either you or we may start arbitration proceedings. You must send a letter requesting arbitration and describing your claim to our registered agent as follows:
[List Registered Agent for Notices of Arbitration]
You agree that the Federal Arbitration Act and federal arbitration law apply to this TOS and any
Disputes hereunder. The Dispute will be arbitrated by a neutral arbitrator mutually agreeable to both of us. If we cannot agree on the selection of an arbitrator within 30 days of the date that the request for arbitration was received us, the Dispute will be arbitrated by JAMS arbitration services located in [Specify specific JAMS office in your area] using an arbitrator recommended by JAMS. Unless we agree to use a different set of rules, the arbitrator will use the applicable JAMS arbitration rules. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-JAMS. You will be responsible for any fees to commence the Arbitration and the Party prevailing in the Arbitration shall be entitled to reasonable attorneys’ fees and costs incurred for the Arbitration, provided however, that if you did not first give us the opportunity to resolve your claim informally as required above, you forfeit any right to claim reasonable attorneys’ fees and costs even if you prevail.
[Keep in mind that JAMS is not the only arbitration service and there are plenty of other choices. JAMS is one that is frequently used by attorneys though. Feel free to do your own research on appropriate arbitration service providers]
WE EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. WE EACH WAIVE THE RIGHT TO PROSECUTE OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR OTHER REPRESENTATIVE ACTION. WE EACH MAY SEEK RELIEF ONLY ON BEHALF OF OURSELVES AND ONLY TO THE EXTENT NECESSARY TO REMEDY OUR INDIVIDUAL CLAIMS. THIS CLASS ACTION WAIVER IS A MATERIAL AND ESSENTIAL PART OF AND CANNOT BE SEVERED FROM THIS ARBITRATION PROVISION. THE REMAINING PORTIONS OF THIS ARBITRATION PROVISION ARE NOT ESSENTIAL PARTS OF THIS ARBITRATION PROVISION AND CAN BE SEVERED FROM IT BY A COURT OF COMPETENT JURISDICTION. IF A CLAIM OR ACTION PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
Last Update: [Date of Update]
INFORMATION WE COLLECT
Our Platform typically collect two (2) kinds of information about you: (a) information that you provide that personally identifies you; and (b) information that does not personally identify you that we automatically collect when you visit our Platform or that you provide us.
Personally Identifiable Information:
Our definition of personally identifiable information includes any information that may be used to specifically identify or contact you, such as your name, mail address, email, phone number, etc. As a general policy, we do not automatically collect your personally identifiable information when you visit our Platform. However, in order to become a registered user, you will be required to submit personally identifiable information as set forth in our TOS.
In certain circumstances, we may request, allow or otherwise provide you an opportunity to submit additional personally identifiable information in connection with a feature, program, promotion or some other aspect of our Platform. For instance, you may submit personally identifiable information when using our online forums, grocery management features, or other services on our Platform. Certain information may not be personally identifiable when standing alone (e.g., your age), but may become so when combined with other information (e.g., your age and name). Whether or not you provide this information is your choice; however, in some instances this type of information may be required to participate in the particular activity, realize a benefit we may offer or gain access to certain content on our Websites.
Our definition of non-personal information is any information that does not personally identify you. Non-personal information can include certain personally identifiable information that has been de-identified; that is, information that has been rendered anonymous. We and/or our third party service providers obtain non-personal information about you from information that you provide us, either separately or together with your personally identifiable information. We and/or our third party service providers also automatically collect certain non-personal information from you when you access our Platform.
HOW WE USE & SHARE THE INFORMATION COLLECTED
Personally Identifiable Information:
In addition to any personally identifiable information or other information that you choose to provide to us on our Platform, we and our third-party service providers may use a variety of technologies, now and hereafter devised, that automatically collect certain web site usage information whenever you visit or interact with the Platform. This information may include browser type, operating system, the page visited, the time, the source of the request, the preceding page view, the products or services accessed, and other similar information. We may use this usage information for a variety of purposes, including to enhance or otherwise improve the Platform. In addition, we may also collect your IP address or some other unique identifier for the particular device you use to access the Internet, as applicable (collectively, referred to herein as a “Device Identifier”). A Device Identifier is a number that is automatically assigned to your Computer, and we may identify your device by its Device Identifier. When analyzed, usage information helps us determine how our Platform is being used, such as what types of visitors arrive at our Platform, what type of content is most popular, what type of content you may find most relevant and what type of visitors are interested in particular kinds of content and advertising. We may associate your Device Identifier or web site usage information with the personally identifiable information you provide, but we will treat the combined information as personally identifiable information. Information may be collected using various methods, such as the following:
Web Beacons - Small graphic images or other web programming code called web beacons (also known as “1x1 GIFs” or “clear GIFs”) may be included in our Platform and e-mail messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a web page or e-mail can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to our Platform, to monitor how users navigate the Platform, to count how many e-mails that were sent were actually opened or to count how many particular articles or links were actually viewed.
Cookies - A cookie is a data file placed on a Computer when it is used to visit the Platform. Cookies may be used for many purposes, including, without limitation, tracking user preferences and web pages visited while using the Platform. You may be able to remove, reject and/or disable some types of cookies using your browser’s preferences or other programs. Some of the Platform features may not function properly or may operate slowly if you disable, delete, or refuse to accept cookies. Some of the cookies we use may be “Flash” cookies. A Flash cookie is a data file placed on a Computer or device via the Adobe Flash plug-in that may be built-in to or downloaded by you to your Computer or device. While they are harmless, depending on your browser, these cookies may not be deleted when your cookies are deleted or disabled and, in some instances, they may cause your cookies to reappear in your browser. Please check your browser to determine where these types of cookies are stored and how they may be deleted or disabled.
Mobile Device Identifiers - Certain mobile service providers uniquely identify mobile devices and we or our third-party service providers may receive such device information if you access the Platform through mobile devices. Certain features of our Platform may require collection of mobile phone numbers, and we may associate that phone number to mobile device identification information. Additionally, some mobile phone service providers operate systems that pinpoint the physical location of devices that use their service. Depending on the provider, we or our third-party service providers may receive this information.
Embedded Scripts - An embedded script is programming code that is designed to collect information about your interactions with the Platform, such as the links you access. The code is temporarily downloaded onto your Computer or device from our web server or a third-party service provider, is active only while you are using the Platform, and is deactivated or deleted thereafter.
Information collected through passive means may be non-identifying or may be associated with you. In the latter case it will be treated as personally identifiable information.
We use non-personal information in a variety of ways, including to help analyze site traffic, understand customer needs and trends, carry out targeted promotional activities and to improve our services. We may use your non-personal information by itself or aggregate it with information we have obtained from others. We may share your non-personal information with our affiliated companies and third parties to achieve these objectives and others, but remember that aggregate information is anonymous information that does not personally identify you. We may provide our analysis and certain non-personal information to third parties (who may in turn use this information to provide advertisements tailored to your interests), but this will not involve disclosing any of your personally identifiable information.
Information You Provide About A Third Party
If you send someone else a communication from the Platform, such as sending links or other content from the Platform to a friend, the information you provide (names, e-mail addresses, etc.) is used to facilitate the communication and is not used for any other marketing purpose unless we obtain consent from that person or we explicitly say otherwise. Please be aware that when you use any send-to-a-friend functionality on our Platform, your e-mail address may be included in the communication sent to your friend
Information Third Parties Provide About You
1. E-mail Communications:
If you send us an e-mail with questions or comments, we may use your personally identifiable information to respond to your questions or comments, and we may save your questions or comments for future reference. For security reasons, we do not recommend that you send non-public personally identifiable information, such as passwords, social security numbers or bank account information, to us by e-mail. Further, we may send you e-mail under the following circumstances: (a) if you request a particular service or sign up for a feature that involves e-mail communications; (b) if it relates to purchases you have made with us or services requested (e.g., product updates, customer support, etc.); (c) if we are sending you information about our other products and services; (d) if you consented to being contacted by e-mail for a particular purpose; (e) if you send us an e-mail, post information on the Platform (i.e., a blog or comment) or otherwise submit information to us electronically, we may e-mail you to follow-up or otherwise communicate with you with respect thereto; (f) to provide you legal notices or notices with respect to your use of the Platform; or (g) to otherwise facilitate a transaction between us. In certain instances, we may provide you with tools on the Platform that will allow you to set your preferences for receiving e-mail communications from us; that is, agree to some communications but not others. You may “opt out” of receiving future commercial e-mail communications from us by clicking the “unsubscribe” link or following the other instructions included at the bottom of most e-mails we send; provided, however, we reserve the right to send you transactional e-mails such as customer service communications.
Transfer of Assets:
As we continue to develop our business, we may sell or purchase assets. If another entity acquires us or all (or substantially all) of our assets, the personally identifiable information and non-personal information we have about you will be transferred to and used by this acquiring entity, though we will take reasonable steps to ensure that your preferences are followed. Also, if any bankruptcy or reorganization proceeding is brought by or against us, all such information may be considered an asset of ours and as such may be sold or transferred to third parties.
Notwithstanding anything herein to the contrary, we reserve the right to disclose any personally identifiable or non-personal information about you if we are required to do so by law, with respect to notices and counter-notices pursuant to the Digital Millennium Copyright Act or our Copyright notice and takedown policy and procedures and/or if we believe that such action is necessary to: (a) fulfill a government request; (b) conform with the requirements of the law or legal process; (c) protect or defend our legal rights or property, our Platform, or other users; or (d) in an emergency to protect the health and safety of our Platform users or the general public.
Sweepstakes Contests and Promotions:
We may offer sweepstakes, contests, and other promotions through the Platform that may require registration. By entering any promotion, you are agreeing to the official rules that govern that promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor(s) of the promotion to use your name, voice and/or likeness in advertising or marketing associated with the promotion. If you choose to enter a sweepstakes, contest or other promotion, personally identifiable information may be disclosed to third parties or the public in connection with the administration of such promotion, including, without limitation, in connection with winner selection, prize fulfillment, and as required by law or permitted by the promotion’s official rules, such as on a winners list.
Third Party Ad Server Networks:
[Identify how to Opt Out if any]
Opting out only means that those we or other third parties will no longer be able to deliver targeted content and/or ads to you as part of your use of the Platform, which will affect this and other web sites, but does not mean you will no longer receive any targeted content and/or ads. In addition, opting out may still allow the collection of usage data for certain purposes (e.g., research, analytics and for internal online services operation purposes). Also, if your browsers are configured to reject cookies when you visit this opt-out page, or you subsequently erase your cookies, use a different computer or change web browsers, your opt-out may not, or may no longer, be effective.
The features, programs, promotions and other aspects of our Platform requiring personally identifiable information are not intended for children. We do not knowingly collect personally identifiable information from children under the age of thirteen (13). If you are a parent or guardian of a child under the age of thirteen (13) and believe he or she has disclosed personally identifiable information to us, please contact us at [Contact Info for Platform]. A parent or guardian of a child under the age of thirteen (13) may review and request deletion of such child’s personally identifiable information as well as prohibit the use thereof.
KEEPING YOUR INFORMATION SECURE
We have implemented security measures we consider reasonable and appropriate to protect against the loss, misuse and alteration of the information under our control. Please be advised, however, that while we strive to protect your personally identifiable information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and are not responsible for the theft, destruction or inadvertent disclosure of your personally identifiable information. In the unfortunate event that your “personally identifiable information” (as the term or similar terms are defined by any applicable law requiring notice upon a security breach) is compromised, we may notify you by e-mail (at our sole and absolute discretion) to the last e-mail address you have provided us in the most expedient time reasonable under the circumstances; provided, however, delays in notification may occur while we take necessary measures to determine the scope of the breach and restore reasonable integrity to the system as well as for the legitimate needs of law enforcement if notification would impede a criminal investigation. From time to time we evaluate new technology for protecting information, and when appropriate, we upgrade our information security systems.
Our Platform may link to or contain links to other third party websites that we do not control or maintain, such as in connection with purchasing products referenced on our Platform and banner advertisements. We are not responsible for the privacy practices employed by any third party website. We encourage you to note when you leave our Platform and to read the privacy statements of all third party websites before submitting any personally identifiable information.
THIRD PARTY APPLICATIONS
Third party applications may be available via our Platform. The owners of these applications (“Third Party Owners”) may collect personally identifiable information from you and may have their own policies and practices. We are not responsible for how Third Party Owners or their applications use your personally identifiable information. These Third Party Owners may have their own terms of service, privacy policies or other policies and ask you to agree to the same. We are not responsible for these policies or the practices of Third Party Owners. Be sure to review any available policies before submitting any personally identifiable information to a third party application or otherwise interacting with it.
CONTACT & OPT-OUT INFORMATION
We will respond to your request and, if applicable and appropriate, make the requested change in our active databases as soon as reasonably practicable. Please, note that we may not be able to fulfill certain requests while allowing you access to certain benefits and features of our Platform. Also, please note that it is not always possible to completely change, remove or delete all of your information from our databases and that residual data may remain on backup media or for other reasons. Also, if you have made any public postings on the Platform such as in forums or blogs, these communications are generally not removed by us.
CONSENT TO TRANSFER INFORMATION TO THE UNITED STATES
The Platform is operated in the United States and intended for users located in the United States. If you are located in the European Union, Canada or elsewhere outside of the United States, please be aware that information we collect will be transferred to and processed in the United States. By using the Platform or providing us with any information, you consent to this transfer and processing of your information in the United States. You also understand and consent to us providing your information to law enforcement or in response to a valid administrative, governmental, or judicial request or subpoena.