These terms and conditions govern all usage of the Food-And-Nutrition.com website and all content, services and merchandises available at or through the site (taken collectively, the Website). The Website is owned and managed by FoodAndNutrition (“FoodAndNutrition”).
Please read this Agreement carefully before using or accessing the Website. By accessing or using any portion of the site, you consent to become bound by the terms and conditions of the agreement. Then you may not get the Website or use any services in case you don’t consent to all the terms and conditions of this agreement. If conditions and these terms are considered an offer by FoodAndNutrition, acceptance is expressly restricted to these provisions. The Website is accessible only to individuals who are at least 15 years old.
1. Your Food-And-Nutrition.com Account and Website. You are in charge of keeping the protection of your account and blog, and you’re completely responsible for all activities that occur under the account and any actions taken in connection with the blog if you create a blog/site on the Website. You must not describe or assign keywords to your own site in a misleading or unlawful way, including in a fashion intended to trade on the name or reputation of others, and FoodAndNutrition may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause FoodAndNutrition accountability. You should immediately notify FoodAndNutrition of any unauthorized uses of your blog, your account or some other infractions of security. FoodAndNutrition will not be liable for any acts or omissions by You, including any damages of any sort incurred as a consequence of such actions or omissions.
2. Responsibility of Contributors. That is the case regardless of if the Content in question makes up an audio file, graphics, text, or computer software. By making Content available, you represent and warrant that:
- if your company has rights to intellectual property you create, you have either (i) received permission from your employer to post or make accessible the Content, including but not limited to any applications, or (ii) secured from your company a waiver as to all rights in or to the Content;
- You have completely complied with any third party licenses relating to the information, and have done all things necessary to pass through to end users any terms that were mandatory;
- The Content install or does not include any viruses, worms, malware, Trojan horses or other harmful or damaging content;
- the Content is not junk, isn’t machine- or randomly-generated, and doesn’t include unethical or unwanted commercial content designed to drive traffic to third party websites or boost the search engine rankings of third party sites, or to further unlawful acts (for example phishing) or mislead recipients regarding the supply of the material (such as spoofing);
- The Content does not arrest dangers or incite violence towards individuals or entities isn’t pornographic, and doesn’t break the privacy or publicity rights of any third party;
- Your blog isn’t getting advertised via unwanted electronic messages such as spam links on email lists, newsgroups, other websites and web sites, and similar unsolicited promotional methods;
- Your blog isn’t named in a way that misleads your readers into thinking which you are another person or firm. For example, the URL or name of your blog isn’t the name of a person other than yourself or business other than your own; and
- You have, in the event of Content that uses and/or described the type, nature, includes computer code, correctly categorized and effects of the materials, whether requested to do so or otherwise.
By submitting Content to FoodAndNutrition for inclusion in your Website, you grant FoodAndNutrition a worldwide, royalty-free, and non-exclusive license to copy, modify, adapt and publish the Content solely for the intent of distributing, displaying and promoting your website. If Content is deleted by you, FoodAndNutrition will use reasonable attempts to remove it in the Website, but you acknowledge that caching or references may not be made instantaneously unavailable.
Without limiting some of those representations or guarantees, FoodAndNutrition has got the right (though not the obligation) to, in FoodAndNutrition’s sole discretion (i) refuse or eliminate any content that, in FoodAndNutrition’s reasonable opinion, breaks any FoodAndNutrition policy or is in any way dangerous or objectionable, or (ii) terminate or deny access to and utilization of the Website to any individual or entity for any motive, in FoodAndNutrition’s exclusive discretion. FoodAndNutrition will not have any obligation to provide a refund of any amounts previously paid.
3. Payment and Renewal
- General Terms.
By choosing a product or service, you agree to pay the one-time to FoodAndNutrition and annual subscription fees or monthly indicated (additional payment terms might be in other communications). Subscription payments will be billed on a prepay basis on the day you will cover the use of this service for a monthly or annual subscription period and register for an Upgrade. Payments will not be refundable.
- Automatic Renewal.
Upgrades could be canceled at any moment by submitting your request to FoodAndNutrition in writing.
- Fees; Payment. You agree to pay FoodAndNutrition the applicable setup fees and recurring fees by becoming a member of a Services account. Appropriate fees will be invoiced starting from in advance of using such services and the day your services are established. FoodAndNutrition reserves the right to modify the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on thirty (30) days written notice.
- Support. If your service includes access to priority e-mail support. “E-Mail support” means the power to make requests for technical support assistance by e-mail at any time (with reasonable attempts by FoodAndNutrition to react within one business day) concerning the utilization of the VIP Services. “Priority” means that support takes precedence over support for users of the regular or free Food-And-Nutrition.com services. All support will probably be provided with procedures FoodAndNutrition standard services practices and policies.
5. Duty of Website Visitors. FoodAndNutrition hasn’t reviewed, and responsible for the content of that material, use or effects, and cannot so be cannot review, all of the material, including computer software, posted to the Website. By operating the Website, FoodAndNutrition doesn’t signify or indicate that it backs the content there posted, or that it believes such content to be precise, useful or non-harmful. You’re responsible for taking precautions essential to guard yourself and your computer systems from viruses, worms, Trojan horses, and other destructive or harmful content. The Website may include content that is otherwise objectionable, indecent, or offensive, in addition to content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also include material that infringes the intellectual property and other proprietary rights, of third parties, or violates the privacy or publicity rights, or the downloading, use or copying of which is subject to additional terms and conditions, stated or unstated. FoodAndNutrition disclaims any responsibility for any damage caused by the use by visitors of the Website, or from any downloading by those visitors of content there posted.
6. Content Posted on Other Websites. FoodAndNutrition does have no control -FoodAndNutrition sites and webpages, and isn’t responsible for their use or their contents. By linking into a non- webpage or FoodAndNutrition website, FoodAndNutrition will not represent or imply that it supports such website or webpage. You are responsible for taking precautions as essential to guard yourself and your computer systems from worms, viruses, Trojan horses, and other damaging or dangerous content. FoodAndNutrition disclaims any responsibility for any harm resulting from your utilization of non- FoodAndNutrition websites and webpages.
7. Copyright Infringement and DMCA Policy. As FoodAndNutrition asks its intellectual property rights to be respected by others, it respects the intellectual property rights. If you think that material found on or linked to by Food-And-Nutrition.com violates your copyright, you’re motivated to notify FoodAndNutrition in accordance with FoodAndNutrition’s Digital Millennium Copyright Act (“DMCA”) Policy. FoodAndNutrition will react including suitable or as required by removing the infringing material or disabling all links. FoodAndNutrition will terminate a visitor’s access to and use of the Website if, under proper conditions, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of others or FoodAndNutrition. In the event of such conclusion, FoodAndNutrition will have no obligation to provide a refund of any sums previously paid to FoodAndNutrition.
8. Intellectual Property. This Arrangement does not transfer from FoodAndNutrition to you third party intellectual property or any FoodAndNutrition, and all right, title and interest in and to such property will stay (as between the parties) completely with FoodAndNutrition. FoodAndNutrition, Food-And-Nutrition.com, the Food-And-Nutrition.com symbol, and all other trademarks, service marks, graphics and symbols used in connection with Food-And-Nutrition.com, or the Website are trademarks or registered trademarks of FoodAndNutrition or FoodAndNutrition’s licensors. Logos, service marks, graphics and other trademarks used in relation to the Website might be the trademarks. Your utilization of the Website grants you no right or permit to reproduce or otherwise use any FoodAndNutrition or third-party logos.
9. Ads. FoodAndNutrition holds the privilege to show ads on your own blog unless you have purchased an advertisement-free account.
10. Attribution. FoodAndNutrition allows the privilege to exhibit attribution links for example ‘Blog atFood-And-Nutrition.com,’ theme author, and font attribution in your blog footer or toolbar.
11. Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner’s terms of service. You are able to opt out of their terms of service at any given time by de-activating the associate product.
12. Changes. FoodAndNutrition reserves the right, at its exclusive discretion, replace or to change any portion of the Agreement. This is your duty to check this Agreement periodically for changes. Your continued use of or access to the Website after the posting of any changes to the Agreement represents acceptance of those changes. FoodAndNutrition may also, later on, offer new services and/or characteristics throughout the Website (the release of new instruments and resources). Such features that are new and/or services shall be subject to conditions and the terms of this Agreement.
13. Termination. FoodAndNutrition may not terminate ineffective immediately. If you wish to terminate this Agreement or your Food-And-Nutrition.com account (for those who have one), you may only discontinue using the Website. All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limits of accountability.
14. Disclaimer of Warranties. The Website is provided “as is”. FoodAndNutrition and its particular providers and licensors hereby disclaim all warranties of any sort, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. FoodAndNutrition nor its suppliers and licensors, makes any warranty that the Website will probably be error free or that access will be continuous or uninterrupted. You understand that you download from, or obtain services or content through, the Website at your personal discretion and risk.
15. Limit of Responsibility. FoodAndNutrition shall have no liability for any failure or delay due to matters beyond their reasonable control.
17. Indemnification. You agree to indemnify and hold harmless FoodAndNutrition, its contractors, and its licensors, and their individual directors, officers, employees and representatives from and against all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your breach of this Agreement.
18. Miscellaneous. This Agreement constitutes the whole agreement between FoodAndNutrition and you concerning the subject matter hereof, and they might only be altered by a written amendment signed by an authorized executive of FoodAndNutrition, or from the posting by FoodAndNutrition of a revised version. Except for claims for injunctive or equitable relief or claims involving intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in compliance with all the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall occur in Not Yet Stipulated, in the English language as well as the arbitral decision may be applied in almost any court. The prevailing party in any action or proceeding to enforce this Agreement will be eligible for costs and attorneys’ fees. If any portion of the Agreement is held unenforceable or invalid, that part will undoubtedly be construed to represent the parties’ original intent, as well as the remaining portions will stay in full force and effect. You may assign your rights under this particular Agreement to any party that consents to, and agrees to be bound by, conditions and its terms; FoodAndNutrition may assign its rights without condition under this Agreement.