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    FOOD LISTY TERMS OF USE



    Food Listy Terms of Use

    Updated on November 7th, 2023

    Welcome to the Food Listy’s Terms of Use agreement. For purposes of this agreement, “Site” refers to the Company’s website, which can be accessed at www.foodlisty.com. “Service” refers to the Company’s services accessed via the Site. 

    Categories on Food Listy

    At Food Listy, we offer distinct categories that serve different interests. To our users, these categories can manifest as restaurants, events, or specialties. For business owners who list with us, these are your “listing types.” When it comes to restaurants, users can search by location, opt to filter by sub-categories such as meal of the day, cuisine type, or eateries, and enter the kind of food or restaurant they are looking for which are known as tags and features to business owners. Our platform also allows you to find events and users can specify a location and a date to locate a food-specific event that they might enjoy. For those in search of something more unique, users can perform a search under the specialty category and discover subcategories such as shops, farms, subscription boxes, and markets.

    Badges on Food Listy

    We further enrich the listing experience with badges. A ‘Promoted’ badge represented by a yellow crown can be obtained by subscribing to one of our ‘promoted’ packages; this can only be obtained as an option if a business owner is an owner of at least one listing, making your listing more noticeable. Our ‘Featured’ badge, denoted by orange fire, is a paid badge that business owners can utilize with the purchase of a premium subscription. We also have a ‘Hidden Gem’ badge, symbolized by a blue gem, which we award to listings that we feel have outstanding offerings but are perhaps underappreciated or underrepresented. The Food Listy badge is a special acknowledgement; it signifies that our team of critics have frequented the establishment multiple times and have consistently found quality, excellent service, and a perfect atmosphere. These two badges cannot be purchased. All listings have star ratings at the top, reflecting how users have rated them. Lastly, businesses can claim their listing; whether it’d be a free listing or a paid listing. Claimed listings have a white check in a blue circle next to their listing on the explore page, this also tells the user that a listing is verified and that the listing owner is active on Food Listy. 

    Account Types on Food Listy

     

    Accounts on Food Listy can be created by anyone over the age of 16 and fall into two main categories: user accounts and business owner accounts. User accounts allow individuals to favorite and share various listings, all of which can be managed through a personal dashboard. Business owner accounts are designed to help entrepreneurs claim existing listings or add new ones. Subscription plans are available to enhance the visibility of these listings, and a dedicated dashboard provides analytics and options to edit, promote, unpublish, view stats, and switch between subscription plans.

     

    Please note, all subscription plans are non-refundable. If you wish to change your subscription level, you must wait until your existing plan expires. An expired subscription may result in your listing being downgraded but it will remain active. By using our services, you agree to these terms and acknowledge that there are no refunds for changing subscription plans.

     

    The terms “we,” “us,” and “our” refer to the Company. “You” refers to you, as a user of our Site or our Service. 

     

    The following Terms of Use apply when you view or use the Service via our website located at www.foodlisty.com or by accessing the Service through clicking on the application (the “App”) on your mobile device.  

     

    Please review the following terms carefully. By accessing or using the Service, you signify your agreement to these Terms of Use. If you do not agree to be bound by these Terms of Use in their entirety, you may not access or use the Service.  

     

    PRIVACY POLICY

     

    The Company respects the privacy of its Service users. Please refer to the Company’s Privacy Policy (found here: https://foodlisty.com/privacy-policy/) which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to the Privacy Policy as well as these Terms of Use.

     

    ABOUT THE SERVICE

    Users 

    The Service allows you to, as a user, on Food Listy, gain access to a rich and curated online platform tailored for food enthusiasts. Utilize our advanced search features to discover restaurants based on location, meal type, or specific cuisines. If you’re more interested in events, pinpoint the perfect gathering by date and location. For those in search of a specialty place, discover subcategories such as shops, farms, subscription boxes, and markets; we’ve got you covered with specialized search options.

     

    But that’s not all—your personalized dashboard allows you to take your food adventures to the next level. You can favorite listings for quick future reference and even share them with friends or family. Our user-friendly interface makes it simple to rate and review establishments, helping others in the Food Listy community make informed choices.

     

    So go ahead, explore, rate, and share your experiences. With Food Listy, you’re not just finding a meal—you’re joining a community of food lovers just like yourself.

     

    Business Owners

    As a business owner, Food Listy offers you the unique opportunity to establish and elevate your online presence in a community of dedicated food enthusiasts. When business owners create their free business account, they can claim existing listings or add new listings to our platform. Our various subscription, promotion, and claim packages provide you with different levels of visibility and features tailored to meet your needs.

     

    A business owner’s personalized dashboard serves as the control center for all claimed listings. From here, you can edit key listing details, manage a variety of pricing plans, and even view real-time analytics that offer insights into customer engagement. Promotional options are also available, allowing you to boost the visibility of your listing among specific categories or customer searches.

     

    Please note that subscription plans are non-refundable and must be maintained until the subscription period expires. However, should your payment lapse, your listing will remain active but will be reverted to a lower plan.

     

    With Food Listy, you don’t just get a listing; you get a partner committed to helping you reach your ideal clientele. Join us and be discovered, savored, and shared among a growing community of food lovers.

     

    Users, Business Owners, Guests on Food Listy

    Accuracy of Information

     

    As a valued member of the Food Listy community, it is imperative that all information you provide in your listings is accurate and truthful. We are dedicated to maintaining a reliable and trustworthy directory of food-related businesses and services. To uphold this standard, we reserve the right to suspend any account that is found to have falsified information in their listings. This measure ensures that our users can confidently make informed decisions based on the information presented.

     

    Content Originality

     

    We take originality seriously at Food Listy. All content uploaded to our platform, including images, descriptions, and any other listing details, must be your original work and not copied or appropriated from other sources. By ensuring that all content is genuine and owned by you, we foster a space of respect for intellectual property and creativity. Any infringement on this policy may result in the suspension of your account and removal of the content in question.




    REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE

     

    By registering for and using the Service, you affirm that you are at least 21 years of age. The Service is intended for personal, non-commercial use in accordance with the normal functionality provided. You are responsible for safeguarding the confidentiality of your account, including your username and password, and for any activities or actions under your account. Immediate notification is required if you suspect any unauthorized use of your account. The Company is not liable for any loss or damage arising from unauthorized account access.

     

    User Restrictions

     

    Your access to and use of the Site are subject to the following conditions:

     

    • You may not use the Service for any purpose other than your personal, non-commercial use.
    • You must not collect or harvest any personal data from any user of the Site or Service.
    • Commercial solicitation or business use of the Site or Service without our explicit written consent is prohibited.
    • The Site or Service may not be distributed or copied without our explicit written permission, except for public search engines which may use spiders for creating publicly-available searchable indices, subject to our right to revoke this permission at any time.
    • The Service must not be used for any unlawful activities or the promotion of illegal acts.
    • You agree not to harass, abuse, harm, or impersonate any person or entity, and you shall not access another user’s account without permission.
    • Providing false or inaccurate information when creating an account is forbidden.
    • You must not interfere with the proper functioning of the Service, nor take any action that may cause, at our discretion, an unreasonable load on our infrastructure.
    • Bypassing or attempting to bypass any measures we have put in place to secure the Service, or using any system to scrape, spider, or crawl the Service, is not allowed.
    • You must not disable, circumvent, or otherwise interfere with any security-related features of the Service, nor enforce limitations on the use of the Service or the content therein.
    • Publishing or linking to malicious content intended to damage or disrupt another user’s browser or computer is strictly prohibited.

     

    By using the Service, you agree to provide accurate information for age verification and not to share content with individuals under the legal drinking age. You acknowledge that the Company reserves the right to suspend or terminate accounts that violate these terms.




    POSTING AND CONDUCT RESTRICTIONS

     

    When you create your own personalized account, you may be able to provide information:

    For Users:

    Individual users also need to provide specific details during their sign-up process. This includes a generated username and a secure password for account access. The user’s first and last name is required and must be accurate and a valid email address is required for account verification and communication purposes. Users are also asked to provide a display name that will be visible on their public profile. To make their profile more engaging, they have the option to link social media networks. A profile picture can also be uploaded to personalize the user experience on Food Listy. Users will also have the option to opt-in for our emailing list where we will send out weekly updates on new listings and have featured listings in our emails. Users must agree to and abide by the terms of use in order to create an account.

     

    For Business Owners:

    When business owners register on Food Listy, they are required to provide several pieces of information to create a comprehensive profile. These include their first and last name, a display name which will be publicly visible, a valid email address, and a generated username. A secure password is also needed for account safety. To enrich their profile, they are encouraged to write a brief section ‘About Yourself,’ which gives a snapshot of their business or personal philosophy. They can also link their social media networks to their Food Listy profile. Finally, a profile picture can be uploaded to make the profile more personable and relatable. Business owners will also have the option to opt-in for our emailing list where we may send out updates in our emails. Business owners must agree to and abide by the terms of use in order to create an account.

     

    Information for Restaurant Listing Owners:

     

    Free Restaurant Listing:

    To establish a free listing on our platform, restaurant owners must provide the following essential information to ensure their establishment is accurately represented:

    • Business Name: The legal and recognized name of your restaurant.
    • Business Phone Number: A contact number for customer reservations and inquiries.
    • Business Address: The complete physical address of your restaurant for customer visits.
    • Hours of Operation: The specific hours during which your restaurant is open to patrons.

     

    These details are mandatory to create a basic profile that allows potential customers to find, contact, and visit your restaurant with ease.

     

    ​​Limited-Time Premium Listing Offer:

     

    For the first 100 businesses to purchase a plan, we are offering a one-time purchase premium listing that includes an array of features to showcase your restaurant comprehensively:

     

    • Single Listing: Feature your restaurant exclusively on our platform.
    • Restaurant Category: Select the category that best fits your restaurant’s cuisine and style.
    • Tags: Utilize up to 15 tags to help customers discover your restaurant through relevant search terms.
    • Features: Highlight up to 10 special features that set your restaurant apart.
    • Business Details: Provide your restaurant’s name, contact number, location, and hours of operation for full transparency.
    • Digital Presence: Include your website and email address to facilitate online inquiries and reservations.
    • Social Engagement: Link up to 5 of your social media profiles to connect with customers across platforms.
    • Brand Identity: Craft a unique tagline and description that encapsulate your restaurant’s essence.
    • Visual Appeal: Upload a logo, a captivating cover image, a gallery of photos, and video content to visually engage potential diners.
    • Price Range Indicator: Choose a price range icon ($, $$, $$$) to give customers an immediate sense of your pricing.
    • Menu Display: Showcase your menu to entice customers with your culinary offerings.

     

    This premium package is designed to give your restaurant maximum visibility and appeal, ensuring that customers have all the information they need to choose your dining experience.

     

    Premium Subscription Package:

     

    Elevate your restaurant’s presence with our Premium Subscription Package, designed for those seeking to maximize their reach and impact:

     

    • Multiple Listings: Showcase up to 3 separate listings to diversify your visibility.
    • Category Selection: Choose up to 3 categories to feature your restaurant, capturing a wider audience with varied culinary interests.
    • Tags: Employ up to 15 tags to enhance searchability and connect with more customers.
    • Features: Detail up to 10 unique features that highlight the best your restaurant has to offer.
    • Featured Badge: Gain prominence with a Featured Badge, signaling top-tier status on our platform.
    • Platform Growth: Enjoy early access to future platform additions, keeping your restaurant at the forefront of new features.
    • Comprehensive Business Details: List your restaurant’s name, phone number, location, and hours of operation for complete customer information.
    • Online Connectivity: Provide your website and email address, offering direct channels for customer engagement and bookings.
    • Social Integration: Link up to 5 social media profiles, fostering deeper connections with your community.
    • Brand Storytelling: Create a compelling tagline and description that tell the story of your restaurant’s unique experience.
    • Visual Branding: Upload a logo, a striking cover image, and a gallery of images or videos to visually captivate potential diners.
    • Pricing Transparency: Display a price range icon ($, $$, $$$) to inform customers of your pricing level at a glance.
    • Menu Showcase: Present your menu prominently, allowing customers to peruse your culinary offerings and whet their appetites.

     

    Our Premium Subscription Package is the ultimate tool for restaurants looking to enhance their online footprint and attract a broader clientele through our dedicated food enthusiast community.



    Information for Event Listing Organizers:

     

    Free Event Listing Package:

     

    Event organizers looking to draw attention to their upcoming events can take advantage of our Free Event Listing Package, which includes:

     

    • Single Listing: Promote your event with a dedicated listing that remains active for 90 days.
    • Event Essentials: Provide the event name, precise location address, and the specific date and time to inform and attract attendees.
    • Contact Details: Include contact information such as a phone number and email address to facilitate attendee inquiries and engagement.
    • Digital Presence: Share the event’s official website and up to three social media links to expand your promotional reach.
    • Event Promotion: Enhance your listing with an engaging tagline, a comprehensive description, and a gallery for images or videos that capture the essence of your event.
    • Visual Branding: Upload a distinctive logo and a captivating cover image to make a strong visual impact.
    • Countdown Feature: Build anticipation with a countdown timer that marks the time remaining until your event begins.
    • FAQ Section: Address common inquiries in advance by including a section for frequently asked questions.

     

    This package is designed to be utilized from the time of purchase and is valid for up to 3 months, ensuring your event gains traction and visibility among our community of enthusiasts.

     

    “Bread and Butter” Event Listing Package:

     

    Our “Bread and Butter” package offers event organizers a robust platform to showcase their event with essential features:

     

    • Single Listing: Secure a spot for your event with one comprehensive listing.
    • Tagging Power: Use up to 5 tags to enhance discoverability and connect with the right audience.
    • Extended Listing Duration: Your event listing remains active for 90 days after activation, ensuring sustained visibility.
    • Flexible Usage: Purchase now and enjoy the flexibility to activate your listing anytime within 6 months from the date of purchase.
    • Complete Event Details: Provide a full suite of details including the event name, address, a captivating description, contact phone number, email, and a link to the official event website.
    • Scheduled Date & Time: Clearly display the date and time of your event to help attendees plan their visit.
    • Visual Engagement: Attract attention with a logo and a cover image that represent the spirit of your event.
    • Social Connectivity: Include one social media link to create a direct channel for engaging with potential attendees.

     

    The “Bread and Butter” package is the quintessential choice for event organizers seeking to effectively promote their event and ensure it’s the talk of the town.

     

    “Gold Spoon” Event Listing Package:

     

    Elevate your event’s profile with our premium “Gold Spoon” package, tailored for those who want to shine in the spotlight:

     

    • Multiple Listings: Amplify your reach with up to 3 distinct listings for different events or sessions.
    • Enhanced Tagging: Utilize up to 10 tags to ensure your events connect with the ideal audience across various interests.
    • Duration and Flexibility: Each listing stays active for 90 days post-activation, with the freedom to initiate your campaign any time within a year from purchase.
    • Rich Event Details: Craft a compelling narrative with an event name, address, an engaging tagline, detailed description, contact phone number, email, and your event’s official website.
    • Scheduled Timing: Clearly communicate the date and time of your event, allowing attendees to mark their calendars.
    • Visual Storytelling: Create a strong visual appeal with a logo, a striking cover image, and a gallery that showcases the essence of your event.
    • Ticket Display: Offer a seamless experience by displaying ticket information directly within the listing.
    • Informative FAQ Section: Anticipate and address attendees’ questions with a dedicated FAQ section, providing them with the information they need to enjoy the event fully.
    • Social Engagement: Link up to 2 social media profiles to foster a community around your event and encourage sharing.

     

    The “Gold Spoon” package is the ultimate offering for event organizers who desire a comprehensive and prominent listing that not only informs but also entices and engages potential attendees.

     

    “Deluxe Dish” Event Listing Package:

     

    Introducing the “Deluxe Dish” package, our most comprehensive offering for event organizers who demand the best in exposure and features:

     

    • Extensive Listings: Benefit from up to 12 listings to cover all your events or various sessions throughout the year.
    • Broad Tagging Options: Apply up to 15 tags to maximize searchability and reach a diverse audience.
    • Feature-Rich Profiles: Highlight up to 10 key features of your events, showcasing what makes them unique.
    • Optimal Listing Duration: Keep each event listing active for 90 days following activation, with the option to use this service anytime within 1 year from the purchase date.
    • Detailed Event Information: Present a full array of details including event name, address, an enticing tagline, thorough description, contact phone, email, and website link.
    • Event Scheduling: Clearly list the date and time for each event, ensuring attendees have all the details to plan ahead.
    • Dynamic Visuals: Draw attention with a logo, a captivating cover image, engaging videos, and a gallery that brings your event to life.
    • Ticket Information: Make it easy for attendees to view and purchase tickets directly from the listing.
    • Pricing Insight: Indicate the price range of your event, providing transparency for potential attendees.
    • Helpful FAQ Section: Equip your listing with a section for frequently asked questions to inform and reassure attendees.
    • Countdown Excitement: Build anticipation with a countdown timer that ticks down to the start of your event.
    • Recurring Event Feature: Perfect for serial events, this feature allows you to highlight recurring dates on the calendar.
    • Social Media Integration: Connect with attendees through up to 3 social media links, encouraging interaction and sharing.

     

    The “Deluxe Dish” package is designed for event organizers seeking to make a significant impact, offering a full suite of tools to promote, inform, and engage an eager audience.

     

    Information for Specialty Listing Owners:

     

    Free Specialty Listing:

     

    To establish a free listing on our platform, specialty business owners must provide the following essential information to ensure their service or product is accurately represented:

     

    • Business Name: The legal and recognized name of your specialty business.
    • Business Phone Number: A contact number for customer inquiries and service requests.
    • Business Address: The complete physical address of your specialty business for customer visits.
    • Hours of Operation: The specific hours during which your business is open to clients.
    • These details are mandatory to create a basic profile that allows potential customers to find, contact, and visit your specialty business with ease.

     

    Limited-Time Premium Listing Offer:

     

    For the first 100 specialty businesses to act, we are offering a one-time purchase premium listing that includes an array of features to showcase your business comprehensively:

     

    • Single Listing: Feature your specialty business exclusively on our platform.
    • Business Category: Select the category that best fits your business’s niche and style.
    • Tags: Utilize up to 15 tags to help customers discover your business through relevant search terms.
    • Features: Highlight up to 10 special features that set your business apart.
    • Business Details: Provide your business’s name, contact number, location, and hours of operation for full transparency.
    • Digital Presence: Include your website and email address to facilitate online inquiries and service requests.
    • Social Engagement: Link up to 5 of your social media profiles to connect with customers across platforms.
    • Brand Identity: Craft a unique tagline and description that encapsulate your business’s essence.
    • Visual Appeal: Upload a logo, a captivating cover image, a gallery of photos, and video content to visually engage potential clients.
    • Price Range Indicator: Choose a price range icon ($, $$, $$$) to give customers an immediate sense of your pricing.

     

    Service Display: Showcase your services to entice customers with your offerings.

    This premium package is designed to give your specialty business maximum visibility and appeal, ensuring that customers have all the information they need to choose your services.

     

    Premium Subscription Package:

     

    Elevate your specialty business’s presence with our Premium Subscription Package, designed for those seeking to maximize their reach and impact:

     

    • Multiple Listings: Showcase up to 3 separate listings to diversify your visibility.
    • Category Selection: Choose up to 3 categories to feature your business, capturing a wider audience with varied interests.
    • Tags: Employ up to 15 tags to enhance searchability and connect with more customers.
    • Features: Detail up to 10 unique features that highlight the best your business has to offer.
    • Featured Badge: Gain prominence with a Featured Badge, signaling top-tier status on our platform.
    • Platform Growth: Enjoy early access to future platform additions, keeping your business at the forefront of new features.
    • Comprehensive Business Details: List your business’s name, phone number, location, and hours of operation for complete customer information.
    • Online Connectivity: Provide your website and email address, offering direct channels for customer engagement and bookings.
    • Social Integration: Link up to 5 social media profiles, fostering deeper connections with your community.
    • Brand Storytelling: Create a compelling tagline and description that tell the story of your business’s unique experience.
    • Visual Branding: Upload a logo, a striking cover image, and a gallery of images or videos to visually captivate potential clients.
    • Pricing Transparency: Display a price range icon ($, $$, $$$) to inform customers of your pricing level at a glance.
    • Product/Service Showcase: Present your offerings prominently, allowing customers to explore what you provide and pique their interest.

     

    Our Premium Subscription Package is the ultimate tool for specialty businesses looking to enhance their online footprint and attract a broader clientele through our dedicated community.



    By providing complete and accurate information, business owners ensure that they maximize their visibility and engagement on Food Listy.

     

    (“User Content”) to the Service. You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service, this includes but is not limited to reviews and comments on the service’s website. 

     You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The Company, however, reserves the right to remove any User Content from the Service at its sole discretion.

    We grant you permission to use and access the Service, subject to the following express conditions surrounding User Content. You agree that failure to adhere to any of these conditions constitutes a material breach of these Terms. 

    By transmitting and submitting any User Content while using the Service, you agree as follows:

    •   You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
    •   You will not post information that is malicious, libelous, false or inaccurate;
    •   You will not post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
    •   You retain all ownership rights in your User Content but you are required to grant the following rights to the Site and to users of the Service as set forth more fully under the “License Grant” and “Intellectual Property” provisions below: When you upload or post User Content to the Site or the Service, you grant to the Site a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service; and you grant to each user of the Service, a worldwide, non-exclusive, royalty-free license to access your User Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the Service and under these Terms of Use;
    •   You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, or others, unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
    •   You hereby agree that we have the right to determine whether your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.

     

    You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. The Site is not responsible for any public display or misuse of your User Content. 

    The Site does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service or with other Users.

     

    ONLINE CONTENT DISCLAIMER

     

    Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Site, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. 

     

    We do not guarantee the accuracy, completeness, or usefulness of any information on the Site or the Service nor do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by other parties. We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or sends via the Service. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.

    Though we strive to enforce these Terms of Use, you may be exposed to User Content that is inaccurate or objectionable when you use or access the Site or the Service. We reserve the right, but have no obligation, to monitor the materials posted in the public areas of the Site or the Service or to limit or deny a user’s access to the Service or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. E-mails sent between you and other participants that are not readily accessible to the general public will be treated by us as private to the extent required by applicable law. The Company shall have the right to remove any material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others.  Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of a misuse of our Service or violation of these Terms of Use, please contact us support@foodlisty.com.

     

    LINKS TO OTHER SITES AND/OR MATERIALS

     

    As part of the Service, we may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Service subscribers. We have no control over Third Party Sites or Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply our approval or endorsement. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies, including these Terms of Use, no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site or relating to any applications you use or install from the Third Party Site.

     

    COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT

     

    (a) Termination of Repeat Infringer Accounts. We respect the intellectual property rights of others and require that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers. We may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.

    (b) DMCA Take-Down Notices.  If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to the our designated copyright agent at PO Box 1171, Mount Laurel, NJ 08054:

     

    1.   The date of your notification;
    2.   A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    3.   A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
    4.   A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
    5.   Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
    6.   A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    7.   A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    (c) Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:

     

    1.   Your physical or electronic signature;
    2.   A description of the content that has been removed and the location at which the content appeared before it was removed;
    3.   A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
    4.   Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in New Jersey and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

    If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in our sole discretion) be reinstated on the Site in ten (10) to fourteen (14) business days or more after receipt of the counter-notice.

     

    LICENSE GRANT

     

    By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.

     

    INTELLECTUAL PROPERTY

     

    You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms of Use.

     

    EMAIL MAY NOT BE USED TO PROVIDE NOTICE

     

    Communications made through the Service’s email and messaging system will not constitute legal notice to the Site, the Service, or any of its officers, employees, agents or representatives in any situation where legal notice is required by contract or any law or regulation.

     

    USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

     

    For contractual purposes, you: (a) consent to receive communications from us in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

     

    We may also use your email address to send you other messages, including information about the Site or the Service and special offers. You may opt out of such email by changing your account settings, using the “Unsubscribe” link in the message, or by sending an email to support@foodlisty.com or mail to the following postal address:

    Customer Support

    PO Box 1171, Mount Laurel, NJ 08054

    Opting out may prevent you from receiving messages regarding the Site, the Service or special offers.

     

    WARRANTY DISCLAIMER

     

    THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

     

    LIMITATION OF DAMAGES; RELEASE

     

    TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SITE, THE SERVICE, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE,  OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM: (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH USE OR WITH ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE 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 LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

     

    If you have a dispute with one or more users, a restaurant or a merchant of a product or service that you review using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. 

    If you are a California resident using the Service, you may specifically waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

     

    MODIFICATION OF TERMS OF USE

     

    We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in this agreement. Your continued use of the Site or the Service signifies your agreement to our revisions to these Terms of Use. We will endeavor to notify you of material changes to the Terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of one of our officers. No purported waiver or modification of this agreement on our part via telephonic or email communications shall be valid.

     

    GENERAL TERMS

     

    If any part of this Terms of Use agreement is held or found to be invalid or unenforceable, that portion of the agreement will be construed as to be consistent with applicable law while the remaining portions of the agreement will remain in full force and effect. Any failure on our part to enforce any provision of this agreement will not be considered a waiver of our right to enforce such provision. Our rights under this agreement survive any transfer or termination of this agreement.

     

    You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

     

    These Terms of Use and your use of the Site are governed by the federal laws of the United States of America and the laws of the State of New Jersey, without regard to conflict of law provisions.

     

    We may assign or delegate these Terms of Service and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without our prior written consent, and any unauthorized assignment or delegation by you is void.

     

    YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT https://foodlisty.com/privacy-policy/ REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.