This agreement was last modified on 7th September 2015 at 13:47 pm
Terms of Service:
Please read these Terms and Conditions (“Agreement”, “Terms and Conditions”) carefully before using FoodZube.com (“the Site”) operated by FoodZube (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at FoodZube.com.
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by FoodZube Limited, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
The Site and its original content, features and functionality are owned by FoodZube and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. When you, the user, save a recipe in FoodZube, FoodZube owns the copyright and intellectual property of that recipe, including its directions and the photo to go with it.
This Agreement does not transfer from FoodZube Limited to you any FoodZube Limited or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with FoodZube Limited. FoodZube Limited, FoodZube, the FoodZube logo, and all other trademarks, service marks, graphics and logos used in connection with FoodZube, or the Website are trademarks or registered trademarks of FoodZube Limited or FoodZube Limited’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any FoodZube Limited or third-party trademarks.
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Links To Other Sites
Our Site may contain links to third-party sites that are not owned or controlled by FoodZube.
Organising, buying and eating food
FoodZube Limited has no responsibility for the food you organise, buy or eat. We recommend looking closely at every recipe to ensure that the recipe fits to your dietary requirements. We recommend too that you look carefully at the ingredients of the food you buy to ensure that you can eat the food, look for any warnings on food packages that may apply to you and always check the Use By or Sell By dates on the food packaging. Do not rely on the “Use By” dates on the ‘Food Already At Home’ page of this website.
This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of United Kingdom, without giving effect to any principles of conflicts of law.
Changes To This Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions.
Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
Any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
Payment and Renewal
- General Terms
After a free initial trial of 30 days – or 60 days if you have invited 3 friends and at least 1 friend has signed up to FoodZube – you agree to pay FoodZube Limited the monthly subscription fees indicated. Payments will be charged on a pre-pay basis on the day you sign up and will cover the use of that service for a monthly subscription period. Subscription fees are not refundable.
- Automatic Renewal.
Unless you notify FoodZube Limited before the end of the applicable subscription period that you want to cancel your subscription, your subscription will automatically renew and you authorize us to collect the then-applicable monthly subscription fee (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Subscriptions can be cancelled at any time in your PayPal account.
Limitation of Liability.
In no event will FoodZube Limited, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to FoodZube Limited under this agreement during the twelve (12) month period prior to the cause of action. FoodZube Limited shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Disclaimer of Warranties
The Website is provided “as is”. FoodZube Limited and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither FoodZube Limited nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
General Representation and Warranty
These Terms of Service were originally written in English (US). We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
You agree to indemnify and hold harmless FoodZube Limited, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Food Blogging service
- Your FoodZube Account and Site. If you create a blog on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and FoodZube Limited may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause FoodZube Limited liability. You must immediately notify FoodZube Limited of any unauthorized uses of your blog, your account or any other breaches of security. FoodZube Limited will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
- your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your blog is not presented in a manner that misleads your readers into thinking that you are another person or company; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by FoodZube Limited or otherwise.
By submitting Content to FoodZube Limited for inclusion on your Website, you grant FoodZube Limited a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. This license allows FoodZube Limited to make publicly-posted content available to third parties selected by FoodZube Limited so that these third parties can analyze and distribute (but not publicly display) your content through their services.
You also give other FoodZube users permission to share your Content on other FoodZube sites and add their own Content to it (aka to reblog your Content), so long as they use only a portion of your post and they give you credit as the original author by linking back to your site.
If you delete Content, FoodZube Limited will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, FoodZube Limited has the right (though not the obligation) to, in FoodZube Limited’s sole discretion (i) refuse or remove any content that, in FoodZube Limited’s reasonable opinion, violates any FoodZube Limited policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in FoodZube Limited’s sole discretion. FoodZube Limited will have no obligation to provide a refund of any amounts previously paid.
- Responsibility of Website Visitors. FoodZube Limited has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, FoodZube Limited does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. FoodZube Limited disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which FoodZube links, and that link to FoodZube. FoodZube Limited does not have any control over those non-FoodZube websites and webpages, and is not responsible for their contents or their use. By linking to a non-FoodZube website or webpage, FoodZube Limited does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. FoodZube Limited disclaims any responsibility for any harm resulting from your use of non-FoodZube websites and webpages.
- Copyright Infringement and DMCA Policy. As FoodZube Limited asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by FoodZube violates your copyright, you are encouraged to notify FoodZube. FoodZube Limited will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. FoodZube Limited will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of FoodZube Limited or others. In the case of such termination, FoodZube Limited will have no obligation to provide a refund of any amounts previously paid to FoodZube Limited.
- Advertisements. FoodZube Limited reserves the right to display advertisements on your blog.
- Attribution. FoodZube Limited reserves the right to display attribution links such as ‘Blog at FoodZube,’ theme author, and font attribution in your blog footer or toolbar. Footer credits and the FoodZube toolbar may not be altered or removed regardless of upgrades purchased.
- Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.
This Agreement constitutes the entire agreement between FoodZube Limited and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of FoodZube Limited, or by the posting by FoodZube Limited of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the United Kingdom of Great Britain and Northern Ireland, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in the United Kingdom. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; FoodZube Limited may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Privacy and cookies policy
Collection of Personal Information
We need to collect certain personal details when you use the services available through our website in order to facilitate the provision of these services and to maintain our quality standards.
You can amend or update the information you have entered into the website at any time.
The transmission of information via the internet is not completely secure. Although we do our best to protect your personal data, we cannot guarantee the security of your data whilst it is being transmitted to or from our site; any transmission is at your own risk.
Personal data will be held by FoodZube Limited using appropriate safeguards to maintain its privacy and security.
Use of Personal Information
By registering your details on the website, you consent to us contacting you via email, telephone or post, for the purposes of:
- monitoring the provision of the services through the website and ensuring that you are satisfied with the level of service you are receiving from FoodZube Limited; and
- providing you with relevant information pertaining to the services on our website
We will not share, trade or sell your information to any company or parties not directly associated with its proper use within the website or as described above, except when you give us explicit permission and we give you an opportunity to opt out of having your personal information shared.
In certain circumstances we may have a legal obligation to disclose personal information, and we reserve the right to do so.
If you have previously consented to us using your personal information for direct marketing purposes, you may change your mind at any time by notifying us.
Your Right to Request Information
Under the terms of the Data Protection Act 1998, you are entitled to ask for a copy of any information we hold about you. If you require a copy of this information, please contact us. We may make a small charge to cover our administrative costs.
For security reasons we may ask for proof of your identity before we disclose information about you, or to you, via email or over the telephone.
Collection of Technical Data and Cookies
We reserve the right to collect technical data about the type of browser software or operating system you are using for the purposes of tracking website use, or improving the service offered through our website. This information will be not used to identify you personally.
We may also place a ‘cookie’ on your hard drive to provide us with information about your use of the site, and to help us identify you when you return to the site so that your preferences can be stored. Using cookies helps us to improve our website and to deliver a better and more personalised service.
You can remove cookies from your computer at any time, and choose to disable cookies in your internet browser settings.