These terms and conditions (Terms) govern your access to and use of the Services (as described below), and any information, text, graphics, videos, or other materials appearing on the Services (collectively referred to as Content). Your access to and use of the Services is expressly conditioned on your compliance with these Terms. Certain features, services or tools of the Services may be subject to additional guidelines, terms, or rules, which will be posted with those features and are a part of these Terms. By accessing or using the Services, you agree to be bound by these Terms.
Foodlez is an online platform that provides users with a collaborative space to find recipes. 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.
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 Foodlez granting you access to and use of the Services, you agree that Foodlez 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.
By uploading, posting, submitting or otherwise transmitting any Content through the Services, you grant Foodlez a worldwide, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, store, copy, adapt, modify, create derivative works, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Content (in whole or in part) and/or to incorporate such Content in other works in any form, media or technology, for the purposes of operating, providing, improving and promoting the Services. You agree that this license includes the right for other users of the Services to access, view, modify, edit, download and print any Content, such as recipes and images, for their own personal and non-commercial purposes. Foodlez does not claim any ownership rights in your Content and you retain ownership rights to any Content you submit, post or display on or through the Services.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit. We reserve the right at all times and for any reason to remove or refuse to distribute any Content that you provide through the Services that violate these Terms.
You may remove your Content from the Services at any time by specifically deleting it or, if that is not possible, by sending us a request. If you remove your Content, Foodlez may retain a copy of your Content for backup, archival, or audit purposes and may continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your Content that other users have stored or shared through the Services.
The Services also contains links to third party websites, resources and services provided by third parties. Foodlez is not responsible or liable for: (i) the availability or accuracy of such services; or (ii) the information, products, or services available on or through such third parties. The availability of such third party services does not imply any endorsement by Foodlez. You are responsible for and assume all risk arising from your use or reliance of any third party services.
The Services are protected by copyright, trademark, and other. Except as expressly provided in these Terms, Foodlez and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. You acknowledge and agree that any feedback, comments or suggestions you may provide regarding Foodlez or the Services (Feedback) will be the sole and exclusive property of Foodlez and you hereby irrevocably assign to Foodlez all of your right, title and interest in and to all Feedback.
Subject to your compliance with the terms and conditions of these Terms, Foodlez grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and use the Services and to download and print any Content provided by Foodlez solely for your personal and non-commercial purposes. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Foodlez or its licensors, except for the licenses and rights expressly granted in these Terms.
In addition, certain Content is provided through the Services pursuant to a Creative Commons License. You may only copy, modify and redistribute such Content marked with the Creative Commons License outside of the Services as long as you meet the terms of the applicable Creative Commons License under which that Content was made available.
You understand and agree that the Services and Content, and all materials, information, products and services included therein, are provided to you on an AS IS and on an AS AVAILABLE basis. Without limiting the foregoing, FOODLEZ EXPLICITLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SERVICES AND APPLICATION, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Your use of the Services is at your sole discretion and risk. Foodlez will not be responsible for any harm to your computer, mobile device or tablet computer, appliance, loss of data or other harm that results from your use of the Services. Foodlez makes no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
Foodlez makes no representation or warranty regarding the accuracy, timeliness, truthfulness, completeness or reliability of any Content provided through the Services, any information, goods or services promoted or displayed through the Services or any transactions entered into through the Services.
The Content, including the recipes and all related information and commentary made available through the Services, as well as any ingredient management or cooking features, are for informational and convenience purposes only and are not intended to be (and do not constitute) dietary, nutritional, or food safety advice or recommendations specifically for you and no advice or information, whether oral or written, obtained from Foodlez or through the Services will create any warranty not expressly made herein. You are solely responsible for ensuring that any food you prepare is properly cooked, and for monitoring your appliance and the doneness of your food. You agree that Foodlez is not responsible or liable for any harm or damage (including illness) that you or anyone else experiences as a result of consuming food prepared utilizing the Service's recipes or features. You also agree that Foodlez is not responsible or liable for any harm or damage that you experience as a result of cooking instructions failing to reach your appliance, you leaving your appliance unattended, or improper functioning of any feature of the Services or your appliance.
You are also solely responsible for all of your communications and interactions with other users of the Services and with other persons with whom you communicate or interact as a result of your use of the Services.
You agree to defend, indemnify, and hold Foodlez, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOODLEZ AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; (IV) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES AND (V) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT FOODLEZ HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms will be governed by and construed in accordance with the, without regard to or application of conflict of laws rules or principles. The failure of Foodlez to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect. These Terms and our Privacy Notice are the entire and exclusive agreement between Foodlez and you regarding the Services, and these Terms supersede and replace any prior agreements between Foodlez and you regarding the Services. We may revise these Terms from time to time. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.