You may only use the Sites if you can form a binding contract with us. You may only use the Sites to order if you are the authorized holder of the credit card used for payment or an authorized user of a corporate account. You are prohibited from using the Sites if you are under the age of 13.
OUR MATERIALS AND LICENSE TO YOU
With the exception of User Content (detailed below), the Sites and everything on them, from text to photos to videos to graphics and software, (collectively, the "Materials") are owned by or licensed to Fooji Inc.. The Sites and the Materials are protected by copyright, trademark, trade dress, domain name, patent, trade secret, international treaties and/or other proprietary rights and laws of the United States and other countries. Except as otherwise indicated on the Sites and except for the trademarks, service marks, logos and trade names of other companies that are or may be displayed on the Sites, all trademarks, service marks, logos, trade dress and trade names are proprietary to Fooji Inc.. Please be advised that Fooji Inc. actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
We grant you a limited, non-exclusive, non-transferable and revocable license to access and use the Sites and/or the Materials for your personal use, solely as expressly permitted by this Agreement and subject to all the terms and conditions of this Agreement, all applicable intellectual property laws, and any additional notices or restrictions contained on the Sites. Any other use of the Sites and/or the Materials is strictly prohibited. No Materials may be copied, republished, uploaded, posted, transmitted, distributed in any way, and/or modified without our express written permission. Nothing contained on the Sites should be interpreted as granting to you any license or right to use any of the Materials and/or third party proprietary content on the Sites without the express written permission of Fooji Inc. or the appropriate third party owner, as applicable.
If you download any software from the Sites, you shall not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-perceivable form.
I. Content You Provide
Fooji Inc. may provide you with interactive opportunities on the Sites, including, without limitation, features such as user ratings and reviews, saved favorites, liked items and bookmarked restaurants (collectively, "Interactive Areas"). You represent and warrant that you are the owner of and/or otherwise have the right to provide all information, comments, reviews, ratings and/or other materials and/or content that you submit, post and/or otherwise transmit to the Sites ("User Content").
II. Use of Your Content
You grant Fooji Inc. an irrevocable, transferable, paid up, royalty-free, perpetual, non-exclusive worldwide sub-licensable license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works from, distribute and/or otherwise use User Content on the Sites and in all forms of media now known or hereafter invented (collectively, the "Uses"), without notification to and/or approval by you. You further grant Fooji Inc. a license to use your username and/or other user profile information, including without limitation, your ratings history and how long you have been a member of Fooji, to attribute User Content to you in connection with the Uses, if we choose to do so, again without notification to and/or approval by you.
User Content transmitted to certain parts of the Sites, including, without limitation, restaurant pages and certain Interactive Areas, may be posted in public areas on our Sites, including without limitation in a compilation format, and publicly visible and accessible. Fooji Inc. and its officers, directors, employees, parents, subsidiaries, affiliates, successors, assigns, licensors, licensees, designees, business partners, contractors, agents and representatives (collectively, the “Released Parties”) will not be responsible for, and you hereby expressly release the Released Parties from any and all liability for, the action of any and all third parties with respect to User Content.
III. Standards of Conduct
By transmitting User Content, you agree to follow the standards of conduct below, and any additional standards stated on the Sites.
We do our best to encourage civility and discourage disruptive communication on the Sites. We also discourage communications that incite others to violate our standards. We expect your cooperation in upholding our standards. You are responsible for all User Content. You agree not to provide any User Content that:
- is unlawful, harmful to adults or minors, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, profane, offensive, invasive of another's privacy, hateful, and/or racially, ethnically and/or otherwise objectionable;
- has a commercial, political or religious purpose;
- is false, misleading and/or not written in good faith;
- infringes any patent, trademark, trade secret, copyright, right of privacy and/or publicity, and/or other proprietary rights of any person and/or entity;
- is illegal and/or promotes illegal activity;
- contains unauthorized advertising and/or solicits users to a business other than those on the Sites; and/or
- is intended to interrupt, destroy or limit the functionality or integrity of any computer software, hardware or Materials on the Sites or other websites.
Fooji Inc. may monitor any and all use of the Sites. We reserve the right to change, delete and/or remove, in part or in full, any User Content that we believe, and/or to terminate and/or suspend access to any Interactive Areas, any Materials and/or any Sites for conduct that we believe, violates our standards, violates any other terms and/or conditions of this Agreement, interferes with other peoples' enjoyment of the Materials and/or our Sites, and/or that we believe is inappropriate, in our sole discretion, and/or for any other reason, again in our sole discretion. Fooji Inc. will cooperate with local, state and/or federal authorities to the extent permitted by applicable law in connection with User Content.
You agree to indemnify and hold harmless the Released Parties from all claims, actions, losses, judgments, liabilities, damages, costs and expenses (including reasonable attorneys' fees) arising out of your breach of any provision of this Agreement, your violation of applicable law, your use of the Sites and/or Materials (including without limitation all User Content), and/or all Uses by Fooji Inc. and/or any third party authorized by Fooji.
THE SITES, THE MATERIALS AND ALL OTHER CONTENT ON THE SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE RELEASED PARTIES DISCLAIM WITH RESPECT TO THE SITES, THE MATERIALS AND ALL OTHER CONTENT ON THE SITES ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FOOJI Inc. DOES NOT REPRESENT OR WARRANT THAT THE SITES, THE MATERIALS AND/OR THE OTHER CONTENT ON THE SITES WILL BE SECURE, UNINTERRUPTED AND/OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, AND/OR THAT THE SITES, THE MATERIALS AND/OR OTHER CONTENT ON THE SITES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. FOOJI Inc. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITES, THE MATERIALS AND/OR ANY OTHER CONTENT ON THE SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE QUALITY AND/OR TIMING OF A DELIVERY ORDERED ON THE SITES. YOU (AND NOT FOOJI Inc.) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RELATING TO YOUR USE OF THE SITES, THE MATERIALS AND/OR OTHER CONTENT ON THE SITES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU.
LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, negligence, shall the Released Parties be liable to you and/or any third party (whether in contract, tort (including, but not limited to, negligence) and/or otherwise) for any special, consequential, incidental, direct, indirect, and/or punitive damages, lost profits, lost data, lost opportunities, costs of cover, and/or any other loss and/or injury that results from the use of, and/or the inability to use, the Sites, the Materials, User Content and/or any other content on the Sites (including without limitation relating to any products and/or services accessed through or otherwise in connection with the Sites), even if the Released Parties have been advised of the possibility of such damages, other loss and/or injury.
THIRD PARTY LINKS
The Sites may contain links to websites that are owned, controlled, developed, sponsored and/or maintained by third parties and which may be subject to additional terms and conditions (“Third Party Websites”). Fooji Inc. does not review, monitor, operate and/or control the Third Party Websites and Fooji Inc. makes no guarantees, representations and/or warranties as to, and shall have no liability for, the content available on or through and/or the functioning of the Third Party Websites. By providing access to Third Party Websites, Fooji Inc. is not recommending and/or otherwise endorsing the products and/or services provided by the sponsors and/or owners of those websites. You access and/or use the Third Party Websites, including providing information, materials and/or other content to the Third Party Websites, entirely at your own risk. Fooji Inc. reserves the right to discontinue links to any Third Party Websites at any time and for any reason, without notice.
Fooji Inc. respects the intellectual property of others, and we ask all of our users to do the same. If you believe that your copyrighted work has been copied and is accessible on the Sites or a website through which our services may be accessed in a way that constitutes copyright infringement, please provide Fooji Inc.’ Copyright Agent (as set forth below) with notification containing the following information required by the Digital Millennium Copyright Act, 17 U.S.C. 512:
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner of the work that allegedly has been infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works allegedly have been infringed at a single online site, then a representative list of such copyrighted works;
- Identification of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the allegedly infringing material, e.g., the specific web page address on the Sites;
- Information reasonably sufficient to permit us to contact the party alleging infringement, including an email address;
- A statement that the party alleging infringement has a good-faith belief that use of the copyrighted work 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 party alleging infringement is authorized to act on behalf of the copyright owner of the work that allegedly has been infringed.
Please send this notification to our copyright agent at: Fooji Inc., Attn: Copyright Agent, 400 Old Vine Street, Suite 206, Lexington, KY 40507.
NO UNLAWFUL USE
By accessing and/or using the Sites, you agree that you will not use the Sites for any unlawful purpose or engage in any other use prohibited by this Agreement. You further agree that you will not use the Sites in any manner that could damage, disable, overburden and/or impair any Fooji Inc. server, or the network(s) connected to any Fooji Inc. server, and/or interfere with any other party’s use and enjoyment of the Sites. You may not attempt, through any means, to gain unauthorized access to any part of the Sites and/or any service, other account, computer system and/or network connected to any Fooji Inc. server. You may not access the Sites using a third party’s account/registration. Unless Fooji Inc. specifically authorizes you to do so in writing, you may not deep-link to the Sites and/or access the Sites manually and/or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy and/or monitor any portion of the Sites and/or any Materials and/or other content on the Sites. Further, you may not license, sell and/or otherwise provide access to and/or use of the Sites to any third party, including without limitation to build a competitive product and/or service.
VIOLATIONS OF THE AGREEMENT
Fooji Inc. reserves the right to seek all remedies available at law and in equity for violations of the Agreement, including without limitation, the right to block access from a particular Internet and/or IP address to the Sites.
CHANGES TO THE AGREEMENT
You acknowledge and agree that your access to and/or use of the Sites, the Materials and other content on the Sites is subject to all applicable international, federal, state and local laws and regulations. The terms, conditions and policies contained in this Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky, without regard to any principles of conflicts of law, and all claims, disputes or disagreements which may arise out of the interpretation, performance or in any way relating to your use of the Sites, the Materials and/or other content on the Sites shall be submitted exclusively to the jurisdiction of the state or federal courts of applicable jurisdiction located in the County and State of Kentucky. You acknowledge and agree that you will irrevocably consent and submit to the exclusive personal jurisdiction of those courts for the purpose of litigating any such action; and you will irrevocably waive any jurisdictional, venue or inconvenient forum objections to such court. Any waiver by Fooji Inc. of any provision of this Agreement must be in writing.