Terms of Use

 

These FoodPic Terms of Use ("Terms of Use") govern your access to and use of the FoodPic services, websites, e-commerce store, points system, applications including mobile applications (collectively referred to as the "Service") offered by FoodPic Inc. (“FoodPic” or “we”) and applies to all users, including both Foodies or Restaurant ("Users"). By accessing or using the Service in any manner, including visiting or browsing the site, you acknowledge and agree to be bound by the Terms of Use. These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service.

 

The effective date of these Terms of Use is January 1, 2019. These Terms of Use were written in English. To the extent any translated version of these Terms of Use conflicts with the English version, the English version controls.

 

1. Use of the Service

You may use the Service only if you are not barred from receiving the Service under the laws of Canada, your country, or any other country from which you access or use the Service, and only in compliance with all applicable local, national laws, rules and regulations.

 

2. The Service is not intended for users under the age of 13. Registration, use or access to the Service by anyone under the age of 13 is in violation to this agreement and is strictly prohibited. If we become aware that a child under 13 has attempted to create an account on the Service, we will take steps to terminate the account.

 

3. Interruptions and Modifications to the Service

FoodPic reserves the right, at its sole discretion, to interrupt, modify, discontinue, or create usage limits to the Service (or any features of the Service), temporarily or permanently, without prior notice to you. FoodPic will not be responsible or liable to you or any third party in such a case.

 

4. Advertisements

You understand and agree that the Service may include any form of advertisements, and that FoodPic and its third party partners may place such advertisements on the Service. The form and scope of advertising by FoodPic on the Service are subject to change.

 

5. Maintaining Your Password

You are responsible for maintaining the confidentiality of the password that you use for the Service and for all of the consequences that occur under your password. You are encouraged to use "strong" passwords that use a combination of upper and lower case letters, numbers and symbols. You agree to immediately notify FoodPic of any unauthorized use of your password. FoodPic will not be liable for any loss or damage arising from your failure to comply with these requirements. Should you forget your password, you can retrieve a new password by selecting “forgot password’ on the sign in screen.

 

6. License to Use the Service

Subject to the Terms of Use, FoodPic grants you a personal, worldwide, royalty-free, non-exclusive, non-sublicensable, and non-transferable license to use the Service.

 

 

7. Content on the Service

Any information, text, graphics, or other materials uploaded, downloaded or appearing on the Service (collectively referred to as "Content"), in whatever form, method or purpose, is the sole responsibility of the person from whom such content originated. Any use or reliance on any Content posted or obtained by you through the Service will be at your own risk. You acknowledge and accept that the use of the Service may expose you to Content that is offensive, harmful, inaccurate, objectionable, or otherwise inappropriate and FoodPic will not be liable or responsible for such Content. FoodPic will not be held liable under any circumstances in any way for any Content.

 

(a)You agree to not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.

(b)You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. FoodPic prohibits the creation of and you agree that you will not create an account for anyone other than yourself, with the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients.

(c)You also represent that all information you provide or provided to FoodPic upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.

(d)You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses. You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a "spam") to any FoodPic users.

(e)You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.

(f)You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post or display on or via the Service.

 

The Content that you provide must be in compliance with the Terms of Service. You are solely responsible for any of the Content you submit. You accept that your Content may be reused by other users or third party partners and warrant that you hold the right for such Content to be reused. You warrant and represent all rights, power and authority necessary to grant the rights granted herein to any Content you submit. In no event shall FoodPic be held responsible for the Content you provide.

 

8. License to Use Content

You retain your rights to any Content you submit, post, display or otherwise make available on or through the Service.

If you submit, post, display or otherwise make available Content on or through the Service, you grant us and our partners a royalty-free, non-exclusive, sublicensable and transferable license to reproduce, publicly transmit, distribute, rent, modify, edit, adapt and otherwise use such Content on the Service and business operations whether current or future, without limiting the place of use.

 

When you submit any Content on or through the Service, you grant us and our third party partners a worldwide, royalty-free, non-exclusive, sublicensable and transferable license to reproduce, perform, screen, publish, publicly transmit, dictate, display, distribute, rent, translate, arrange, modify, adapt such Content, in any form, whether whole or in part, in any media or distribution method, whether now known or later developed. This license includes the right for FoodPic to make your Content available to third parties or individuals who are partners of FoodPic for the syndication, distribution, broadcast or publication of such Content on other media and services. No compensation may be made for such Content use, with respect to the Content that you submit, post or otherwise make available through the Service. We may need to adapt or make changes to your Content in order to transmit, display or distribute it over computer networks and in various media to conform to certain requirements or limitations of any networks, devices, services or media. You retain your rights to any Content you submit, post, display or otherwise make available on or through the Service.

 

 

9. Restrictions

You must not do any of the following while accessing or using the Service:

(a) Access, use or tamper with non-public areas of the Service or any systems of FoodPic and its partners.

(b) Remove, bypass, disable, damage or otherwise interfere with any security or authentication measures FoodPic may use to prevent, restrict or limit access to and use of the Service, including, but not limited to the computer systems of FoodPic and its partners.

(c) Scan, test or probe the vulnerability of any system or network.

(d) Access or search (or attempt to access or search) the Service, through any means, whether automated or manual, other than through our currently available, published interface that is provided by FoodPic (and only following those terms and conditions). NOTE: For search engines or robots, crawling FoodPic is permissible if you use a descriptive user agent header, follow robots.txt at all times, and make clear your contact information in your agent string or on your website. However, scraping the Service without prior consent from FoodPic is prohibited.)

(e) Forge any TCP/IP packet header, any part of header information or otherwise manipulate identifiers, or in any way use the Service to send altered, deceptive or false source-identifying information.

(f) Upload, post, email, transmit or otherwise make available any computer codes, files, program, or material that interfere with or disrupt the Service, or the access of any server, network or user, including, but not limited to, sending a virus, overloading, flooding, spamming or mail-bombing the Service.

(g) Use the service for the purpose of spamming anyone, including but not limited to, unsolicited or unauthorized advertising, promotion, junk or bulk e-mail, chain letters, pyramid schemes, or any form of solicitation.

(h) Use the service for the purpose of unlawful or illegal activities.

(i) Post Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, tortious, libelous, deceptive, fraudulent, obscene, offensive, profane, hateful, invasive of another's privacy or otherwise objectionable.

(j) Post any content that may contain or intend having political or religious meaning. However, any religious content that may be related to general events that are widely known to the general public shall not apply.

(k) Post Content that you know is incorrect, misleading, untruthful or inaccurate.

(l) Post Content that infringes any patent, utility model, trademark, copyright or other proprietary rights of any individual or third party.

(m) Decipher, decompile, disassemble, modify, or reverse engineer any source code or algorithms of any part of the Service, with exception to the extent that such restriction is specifically prohibited by law.

(n) Copy, rent, lease, resell, sublicense, distribute or otherwise transfer any of the rights that you receive from FoodPic.

(o) The act of obtaining or trying to obtain Personal information (including any form of contact information), that belongs to Users, FoodPic or its third party partners.

(p) Any action that FoodPic may, at its sole discretion, consider inappropriate.

FoodPic reserves the right (but not the obligation) to monitor, refuse, or remove any Content on the Services and to reclaim usernames, at any time, without notice to you and for any reason. FoodPic reserves the right to access, preserve, and disclose any information that we may consider necessary to (a) comply with any applicable law, regulation, legal process or government request, (b) enforce the Terms of Use, (c) detect, prevent or otherwise address security or technical issues or fraudulent activities, (d) protect the rights, property or safety of FoodPic, its users and the public, (f) respond to user support requests.

 

10. Proprietary Rights

The Service contains Content specifically provided by FoodPic and its licensors that is protected by copyright, trademark, and other laws of Canada and foreign countries. All right, title, and interest in and to the Services (excluding your Content) are and will remain the exclusive property of FoodPic and its licensors. Nothing in the Terms of Use gives you a right to use any of the FoodPic trademarks, logos, domain names, and other distinctive brand features.

 

You may submit feedback, comments, or suggestions regarding the Service on an entirely voluntary basis. You acknowledge and agree that we will be entitled to use such feedback, comments or suggestions for any purpose and in any way without any obligations to you.

 

11. Copyright and Intellectual Property Policy

FoodPic respects the intellectual property of others and expects users of our Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content’s copyright has been infringed, please provide us with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Service; (d) your contact information, including your address, telephone number, and an email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our designated copyright agent for notice of alleged copyright infringement can be reached by:

FoodPic Inc.

Email: info@foodpicapp.com

Subject: Copyright Agent

FoodPic reserves the right to remove Content alleged to be infringing copyright without prior notice and at our sole discretion. FoodPic may, at it’s sole discretion, terminate a user's account if the user is determined to be an infringer.

 

12. Termination

FoodPic may without prior notice, immediately terminate, limit, or suspend your access to or use of the Service at our sole discretion at any time. If you wish to terminate your account, you may do so by contacting;

FoodPic Inc.

Email: info@foodpicapp.com

Subject: Account Termination

When terminating your account, some information and Content associated with your account may possibly remain on the Service and archived records. In certain cases, copies of your Content may remain published on third party websites when it has been redistributed, or otherwise licensed to our third party partners. You continue to be bound by this Agreement after termination of your account.

 

13. Third Party Links

The Service may contain links to third party websites or various data or information (“Various Data”) on the Internet. You acknowledge and accept the sole responsibility for the access of and assume all risk arising from your use of such websites or Various Data. You further acknowledge that FoodPic is not responsible or liable for the availability of such websites or Various Data. FoodPic does not endorse and is not responsible or liable for any Content, products, or services on or available from such websites or Various Data.

 

14. Limitation of Liability

IN NO EVENT SHALL FOODPIC NOR ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, OR LICENSORS, BE LIABLE UNDER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, DATA, USE, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, GOOD-WILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM THE BELOW, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY.

(a) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (b) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (c) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE; (d) ANY CONTENT OBTAINED FROM THE SERVICES; AND (e) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

 

15. Disclaimers

YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" and "AS AVAILABLE" BASIS. FOODPIC AND ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, AND LICENSORS DISCLAIM ANY KIND OF WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY AND DISCLAIM ALL LIABILITY AND RESPONSIBILITY FOR THE SECURITY, AVAILABILITY, ACCURACY, TIMELINESS, RELIABILITY AND COMPLETENESS OF THE SERVICE OR ANY CONTENT THEREON. FOODPIC WILL NOT BE LIABLE OR RESPONSIBLE FOR THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICE. FOODPIC HAS NO LIABILITY OR RESPONSIBILITY ANY FOR HARM TO YOUR COMPUTER SYSTEM, WIRELESS DEVICE (MOBILE PHONE OR TABLETS), LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES, OR ANY CONTENT. WE DISCLAIM ANY KIND OF WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YOUR ACCESS TO AND USE OF THE SERVICE OR ANY CONTENT IS SOLELY AT YOUR OWN RISK.

 

16. Waiver

The failure of FoodPic to exercise or enforce any right or provision of the Terms of Use shall not be deemed a waiver of such right or provision.

 

17. Severability

If any provision of the Terms of Use is held to be invalid or unenforceable, the remaining provisions of the Terms of Use will remain in full force and effect.

 

 

18. Compensation for Damages

You agree to defend and hold FoodPic and its affiliates, directors, employees, agents, partners and licensors harmless from and against any claims or demands, including, but not limited to, reasonable legal and accounting fees, made by any third party due to or arising out of your access to or use of the Service or Content, your violation of the Terms of Service or any Content you submit, post, transmit, modify or otherwise make available through the Service.

 

19. Entire Agreement

The Terms of Service constitutes the entire and exclusive agreement between you and FoodPic concerning the Service and supersedes any prior agreements between you and FoodPic.

 

20. Revisions of the Terms of Service

FoodPic may revise the Terms of Service from time to time. The most current version will be available on the website of the Service. If we determine that the revision is material we will notify you via posting to our website or email to the email address associated with your account. You agree to be bound by the revised Terms of Use by your access to or use of the Services after such revisions have become effective.

 

21. Law and Jurisdiction

The Terms of Use in English shall have precedence over the Terms of Use provided in any other language. The Terms of Use and any action related thereto shall be governed by the laws of CANADA without regard to the law provisions of your country of residence. All claims, causes of action or disputes arising out of or relating to the Service will be brought exclusively to the ONTARIO COURT DISTRICT or administrative body located in CANADA and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

If you have any questions about these Terms, please contact us.

 

22.Privacy Policy

These Terms of Use incorporates FoodPic’s Privacy Policy which governs our collection and use of your information. Any Information that you provide to FoodPic is subject to the Privacy Policy. You understand that through your access to and use of the Service you acknowledge and accept the terms described in the Privacy Policy.