Terms of Use

Effective on May 1, 2012


Thanks for using Foodfanselect.com! We provide our members with a new way to find and experience food.


We take copyright and IP protection seriously and hope that you do too.


The information contained on our site is proprietary or licensed from our partners. Therefore, scraping any of our proprietary or partner information, including but not limited to: restaurants listings, names, phone numbers, addresses, reviews, menus, menu item details, user feedbacks, fans or any other information contained in the site is strictly prohibited. As a member, you are ultimately responsible for obtaining the rights to the content you post on our site. We expect that all of our members will only submit information and reviews that they have firsthand knowledge of and that are accurate reflections of a business and their menu items. However, keep in mind that any reliance on information posted by other users is done so at your own risk. As a confirmed and authorized representative of your restaurant you hereby agree to take every possible measure to ensure the data you provide is accurate.


You also realize, and take full responsibility for any inaccurate, false, misleading or untrustworthy data.


AND NOW FOR THE FINE PRINT…

Foodfanselect.com is a Web application (“Website”) that allows members (“Members,” “Users,” or “you”) to customize their online and mobile food experience. By accessing, browsing, and/or using the Website, you are deemed to accept this Agreement and agree to be bound by it.


As used in this Agreement, "Foodfan," “Foodfan Select,” "we," "us," or "our" shall mean Foodfan, Inc., its subsidiaries and affiliates, and their officers, directors, employees, agents or representatives. We reserve the right to modify these terms of service (“Terms of Service”) at any time and will make reasonable efforts to notify users when it has done so. You agree that your use of the Website is subject to the Terms of Service then in effect. If you do not agree to be bound by all of the terms of this Agreement, please do not access, browse and/or use the Website.

Users must comply with all laws and regulations, and users affirm that they are legally able to enter into a contract for services under these terms.


WHO OUR SITE IS MEANT FOR:

Foodfanselect.com is meant to be used only by persons age 13 and over who agree by these terms of service. It may not be used for purposes not in accordance with local, state, national or international law.


REGISTRATION DATA:

  1. provide accurate, current and complete information about you as may be prompted by any signup, login and/or registration forms on our site ("Registration Data");
  2. maintain the security of your password and identification;
  3. maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete; and
  4. accept all risks of unauthorized access to the Registration Data and any other information you provide to us.

MEMBERSHIP AND BILLING:

Free trials

Your Foodfan Select Membership may start with a one-month free trial during which you can try out Services for free (“Free Trial”). Free Trials are only available to new members of the Website and each member is only entitled to one Free Trial period and Foodfan reserves the right to terminate any account that is using or trying to use more than one Free Trial. We will begin billing your Payment Method for monthly membership fees at the end of the Free Trial period unless you cancel before the free trial period ends. You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. If you cancel prior to the end of your free trial, there will be no charges to your payment method. Foodfan reserves the right, in its absolute discretion, to withdraw or to modify its Free Trial Offers at any time without prior notice and with no liability.


Recurring Billing

By starting your membership, you are expressly agreeing that that if you do not cancel your subscription before the expiration of your Free Trial, Foodfan is authorized to charge you a monthly membership fee at the then current rate. Your applicable fees will automatically be charged to the credit card you located in the Registration Data that you entered when you signed up for our Website. We will continue to bill you on a monthly basis for your membership fee until and unless you cancel.


Auto-renewals

Memberships are billed monthly. Unless you notify us of your decision to terminate your subscription, your subscription will automatically renew. You may cancel your membership at anytime, but your membership must be canceled prior to the renewal date in order to end membership charges. By entering into these Terms of Service, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. There will be no refunds or credits for partial months of service or for months unused with an open account.


Change in Amount Authorized

When you purchase a membership subscription, you will initially be charged at the rate applicable at the time of your Agreement to subscribe. If Foodfan later increases the price of the subscription, Foodfan shall provide, notice of the amount to be charged and the date of the charge at least ten (10) days before the scheduled date of the transaction.


Deactivation of your account

Your account may be deactivated if your payment is past due, regardless of the dollar amount. You agree to pay any outstanding balance in full within thirty (30) days of cancellation or termination of your membership subscription.


ACCESS AND INTERFERENCE:

Much of the information and content (“Content”) on the Foodfan Site is proprietary or licensed to Foodfan by its partners or third parties. By using the Foodfan Site, you agree not to:


  • Use any robot, spider, scraper or other automatic device, process or means to access the Foodfanselect.com website for any purpose without Foodfan’s express written permission.
  • Implement any manual processes to monitor or copy Foodfan’s Content from the Foodfanselect.com Site without express written permission.
  • Utilize any device, software or routine that will interfere or attempt to interfere with the functionality of the Foodfanselect.com Site or any affiliated or linked sites (including those of our restaurant partners).

USER GENERATED CONTENT AND INTERACTIVE AREAS:

Our site includes interactive areas ("Interactive Areas") that provides users and restaurants with the ability to upload, submit, distribute or otherwise post (hereinafter “posting”) photographs, videos, written comments and reviews, and other information or content (hereinafter “User Content”). You are solely responsible for your use of the Interactive Areas and use them at your own risk.


We expect that you will only contribute accurate content that's yours

All User Content posted on Foodfanselect.com must comply with U.S. copyright and trademark laws. You represent and warrant that you own or otherwise possess all rights to use your posting and the use of your posting will not infringe or violate any intellectual property, privacy, publicity, contract or other rights of any person or entity. We also expect that for all for restaurant review Submission(s) that you have had first-hand experience with the subject restaurant.


If you do not have the right to submit the posting, it may subject you to liability. Foodfan will not be responsible or liable for any use of your Content by Foodfan in accordance with these Terms of Service. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Posting that you submit.


By contributing content, you grant Foodfan rights to display, and modify it

By submitting, posting or displaying User Content on or through Foodfanselect.com, you grant Foodfan a royalty-free, non-exclusive, worldwide license to publish, use, distribute, modify and make derivative works from your User Content.


We may modify or adapt your User Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your user Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.


We have no Obligation to Monitor User Content but we may remove it

Foodfan has no obligation to monitor and by no means guarantees the accuracy of any user or partner uploaded content. Foodfan may, however, remove any User Content at any time, for any reason, including but not limited to receipt of a claim or allegation from third parties or Authorities relating to the User Content.


USE OF LINKS

The Foodfanselect.com Site may contain links to other websites which are developed, sponsored and/or maintained by third parties. Foodfan does not review, monitor, operate or control any such third party website accessible through these links, and is not responsible for the content available on or through such third party websites. By providing access to the linked websites, Foodfan is not recommending or endorsing the products or services provided by the sponsor or owner of those websites. Foodfan makes no guarantees, representations or warranties as to, and shall have no liability for, any electronic content delivered by any third party, including, without limitation, the accuracy or subject matter of any electronic content, or the use of any personal information you provide to any such website. You acknowledge and agree that use of such links is entirely at your own risk. Foodfan reserves the right to discontinue links to any other website at any time and for any reason.


INDEMNIFICATION

You agree to indemnify Foodfan from any claim arising from use of Content or User Content in the application. You agree that Foodfan shall bear no responsibility for a violation in the terms of use of other sites whose content is used within the application.


DISCLAIMER

All services and content on the site are provided on an “as is” basis without warranties of any kind, either express or implied. Foodfan can monitor activity and content on the site but has no obligation to do so, and offers no guarantees for the accuracy or quality for any content on its site or from other users or restaurants. Price, description, menu content, product/service availability, parking accessibility and restaurant information are subject to change without notice. By accepting these Terms of Service, you agree that Foodfan, its directors, employees, agents, subsidiaries, affiliates and other partners shall not be liable for any direct or indirect damages resulting from use of the service, any damages for loss of use, profits or goodwill or any other punititive or consequential damages of any kind relating to any use of content on FoodFan or distributed on other sites through the application.


PRIVACY

Please review our privacy policy, which governs how information is collected and used on the Website. The Privacy Policy is part of these Terms of Service and is incorporated herein by reference.


COPYRIGHT DISPUTES

Foodfan will respond to valid DMCA takedown notices of alleged copyright infringement. Our response to valid takedown notices may include removing the infringing material and suspending user accounts. We will also contact the owner of the affected material so that they may make a counter notification.


Carlo Cisco
FoodFan Inc.
349 5th Avenue
New York, NY 10016


NO WAIVER

The failure of Foodfan to exercise or enforce any portion of these Terms of Service shall not constitute a waiver or modification of any such right or position.


MISCELLANEOUS

These Terms of Service constitute the entire agreement between you and Foodfan with respect to the subject matter hereof and supersedes any other agreements, written or oral.

You agree that any claim, action or proceeding arising out of these Terms of Service, or your use of the Website, shall be governed by and construed in accordance with the substantive laws of the State of New York. You unconditionally submit to the exclusive personal jurisdiction of such courts for any such action and waive, to the fullest extent you may legally and effectively do so, any objection or defense you may now or hereafter have (including without limitation the defense of an inconvenient forum) to the laying of venue in any such court of any such suit, action or proceeding.

If any portion of these Terms of Service is found by a court of competent jurisdiction to be unlawful, void, invalid or otherwise unenforceable, then the court shall endeavor to give effect to the parties’ intention as reflected in that portion and the portion shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of the remaining portion, which will remain in full force and effect.

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