Ownership and Protection of Intellectual Property Rights
The contents of our Site are intended for the personal, noncommercial use of our users. All right, title and interest to the content displayed on our Site, including but not limited to the Site’s look and feel, data, information, text, graphics, images, sound or video materials, photographs, designs, trademarks, service marks, trade names, URLs and content provided by third parties, are the property of Foodsby, or the respective third parties, and are protected by copyright, trademark, patent or other proprietary rights and laws.
Except as expressly authorized by Foodsby, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, perform, display, license, reverse engineer or create derivative works based on the Site or any Content (including without limitation any software) available through the Site.
Changes to This Agreement
Your use of our Site is also subject to the other policies, disclaimers and guidelines we post on such Site from time to time.
License Grant to Access Content on Our Site
You are hereby granted a personal, nonexclusive, nontransferable, revocable, limited license to view, reproduce, print, cache, store and distribute content retrieved from our Site via a generally available consumer web browser, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Foodsby Services or remove or obscure the copyright notice or other notices displayed on the content. You may not reproduce, print, cache, store or distribute content retrieved from the Site in any way, for any commercial use without the prior written permission of Foodsby or the copyright holder identified in the relevant copyright notice.
Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Site shall be construed as conferring any other license or right, expressly, by implication, by estoppel or otherwise, with respect to any of Foodsby’s content or under any third party’s content. Any rights not expressly granted herein are reserved.
If you choose to forward content from the Site via email through our Services, you agree that you will only forward such content to willing recipients known to you and that you will not use such Services for engaging in spam or other unauthorized conduct.
In consideration of your use of this Site, you agree that to the extent you provide personal information to Foodsby it will be true, accurate, current, and complete and that you will update all personal information as necessary.
To the extent you create an account through this Site, you understand and agree that any account you create, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password by you or by anyone else using your username and password, whether or not authorized by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password by contacting us using the information provided below. Until we are so notified you will remain liable for any unauthorized use of your account.
You agree to use this Site in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through this Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. We reserve all rights and remedies available to us.
No Automated Querying
You may not send automated queries of any sort to our site without express advance written permission from Foodsby. Note that “sending automated queries” includes, among other things:
- using any software which sends queries to our sites to determine how a website or webpage “ranks” for various queries;
- “meta-searching”; and
- performing “offline” searches on the Foodsby web site
Responsibility for User-Generated Content Posted on or Through this Site
You are responsible for User-Generated Content that you post.
Because we do not control the UGC posted on or through this Site, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that UGC. You also agree and understand that by accessing this Site, you may encounter UGC that you may consider to be objectionable. We have no responsibility for any UGC, including without limitation any errors or omissions therein. We are not liable for any loss or damage of any kind you may claim was incurred as a result of the use of any UGC posted, emailed, transmitted or otherwise made available on or through this Site. The UGC posted on or through this Site expresses the personal opinions of the individuals who posted it and does not necessarily reflect the views of Foodsby or any person or entity associated with Foodsby.
You own User-Generated Content, but we may use it.
You own the copyright in any original UGC you post. We do not claim any copyrights in UGC. However, by using this Site you are granting us and our subsidiaries, affiliates, successors and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain repurpose, and commercialize UGC you post in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorize others to do the same. For this reason, we ask that you not post any UGC that you do not wish to license to us, including any photographs, videos, confidential information, or product ideas.
We may disclose and/or remove User-Generated Content.
Foodsby has certain rights. We have the right (but do not assume the obligation) to:
- monitor all UGC;
- require that you avoid certain subjects;
- remove or block any UGC at any time without notice at our sole and absolute discretion;
- terminate your access to and use of this Site, or to modify, edit or block your transmissions thereto in our sole discretion.
You agree that our exercise of such discretion shall not render us the owners of UGC you post, and that you will retain ownership thereof as described above.
Restrictions on User-Generated Content.
- upload, post, transmit or otherwise make available:
- any UGC that is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy;
- any UGC that constitutes or encourages activity illegal under criminal or civil law;
- any UGC that is false, misleading, or fraudulent;
- any UGC that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- any UGC that violates or infringes upon the rights of others, including UGC which violates the patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity;
- any UGC that contains the image, name or likeness of anyone other than yourself, unless (i) that person is at least eighteen years old and you have first obtained his/her express permission or (ii) that person is under eighteen years old but you are his/her parent or legal guardian;
- any request for or solicitation of any personal or private information from any individual;
- any request for or solicitation of money, goods, or services for private gain;
- any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
- any UGC that contains advertising, promotions or marketing, or which otherwise has a commercial purpose;
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or
- violate any local, state, national or international law, rule or regulation.
Removal of Content
Violation of copyrights.
Foodsby does not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.
If you are requesting removal of content because of a violation of your copyrights, please note that the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on this Site or has been otherwise copied and made available on this Site in a manner that constitute copyright infringement, please notify us immediately. Your notice must be in writing and must include
- an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on this Site (including the URL, title and/or item number if applicable, or other identifying characteristics);
- your name, address, telephone number, and email address, and, if you are not the owner of the copyright, the name of the owner; and
- a written 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; and
- 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.
Your statement must be addressed as follows:
733 Marquette Avenue S, Suite 300
Minneapolis, MN 55402
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.
Although we do not claim ownership of User-Generated Content you post using this Site, the Feedback you provide to us through this Site will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.
Passwords and Security
Access to certain Foodsby Services may require you to choose a user name (or nickname) and password. If you do so, you are responsible for maintaining the confidentiality of your password and account and for logging out of your account at the end of each session. In selecting a user name, you agree that you will not (i) select or use a screen name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any person without their authorization; or (iii) use a screen name that is offensive to people of ordinary sensitivities, illegal, or infringing. You are fully responsible for all activities that occur under your password or account. You agree (a) to notify Foodsby immediately of any unauthorized use of your password or account or any other breach of security, and (b) to ensure that you exit from your account at the end of each session. Foodsby cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
Links to Other Web Sites
A central part of the Foodsby Services includes links to other World Wide Web sites or resources, including our third-party nightclub sponsors. Because Foodsby has no control over such sites and resources, you acknowledge and agree that Foodsby is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Foodsby shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Finally, you acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which Foodsby has no control and which will govern your rights and obligations with respect to the use of those Web sites.
Your Contact with Advertisers or Third-Party Vendors
Your dealings with advertisers and third-party vendors found on or through the Foodsby Services, including your participation in promotions, the purchase of goods, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the third party. Foodsby does not make any representations or warranties with respect to any goods or web sites that may be obtained from such third parties, and you agree that Foodsby will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available, or through such third parties, on our Site. You acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which Foodsby has no control and which will govern your rights and obligations with respect to the use of those Web sites.
Compliance with Laws
You agree to comply with all applicable laws regarding your use of our Site including, without limitation, all applicable laws (as well as associated licenses and approvals) regarding the transmission of technical data exported from the United States or the country in which you reside.
Modifications to Foodsby Services
Foodsby reserves the right at any time and from time to time to modify, suspend, discontinue or terminate the Foodsby Services (or any part thereof) with or without notice. You agree that Foodsby will not be liable to you or to any third party for any modification, suspension, discontinuation or termination of the Foodsby Services.
Termination of Your Access to Foodsby Services
You agree that Foodsby, in its sole discretion, may terminate your access to any of the Foodsby Services, and/or remove, discard or modify any User Generated Content or content within the Service, for any reason, including, without limitation, for lack of use or if Foodsby believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that any termination of your access to the Foodsby Services may be affected without prior notice, and acknowledge and agree that Foodsby may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Foodsby Services. If you use the Site in violation of this Agreement, Foodsby may, in its sole discretion, retain all data collected from your use of the Site. Further, you agree that Foodsby shall not be liable to you or any third party for the discontinuation or termination of your access to the Foodsby Services, or collection of information notwithstanding in the case of your violation of this Agreement, even if advised of a claim for damages.
Information Disclaimer and Disclaimer of Warranties
BY USING FOODSBY SERVICES YOU UNDERSTAND AND AGREE THAT:
- Foodsby does not prepare, LABEL, sell, store, TRANSPORT, DELIVER or distribute food or beverages, but merely provides a convenient ordering system for you to obtain food and/ or beverages from third party vendors. Foodsby is not responsible for the safety or quality of the food or beverages, OR FOR THEIR INGREDIENTS, LABELING OR PACKAGING, prepared AND/or delivered by third party vendors or for any activities that are the direct or indirect consequences of third party vendors’ food preparation, labeling, transport or delivery.
- NO CONTENT ON OUR SITE IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER MEDICAL, HEALTH, SAFETY-RELATED, FINANCIAL, LEGAL OR OTHERWISE. FOODSBY AND THOSE POSTING OR OTHERWISE PROVIDING INFORMATION, SERVICES OR MATERIAL ON OUR SITE ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES OR OTHER MATERIAL ON OUR SITE.
- YOUR USE OF THE FOODSBY SERVICES IS AT YOUR SOLE RISK. THE FOODSBY SERVICES, AND FOODS PROVIDED BY THIRD PARTY VENDORS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FOODSBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
- YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE ORDERING, PROPER HANDLING, USE AND CONSUMPTION OF THE FOOD YOU RECEIVE FROM THIRD PARTIES. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, USING OR CONSUMING SUCH FOOD. IF YOU HAVE FOOD ALLERGIES OR INGREDIENT QUESTIONS OR CONCERNS, PLEASE DIRECT THOS QUESTIONS TO THE VENDOR.
- FOODSBY MAKES NO REPRESENTATION OR WARRANTY THAT FOODSBY SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE FOODSBY SERVICES WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE FOODSBY SERVICE WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE, OR THAT THE QUALITY OF ANY FOOD, BEVERAGES, POSTINGS, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH FOODSBY SERVICES WILL MEET YOUR NEEDS.
- ANY MATERIAL OBTAINED THROUGH THE USE OF FOODSBY SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR SITE OR THROUGH OR FROM THE FOODSBY SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THEIR TERMS.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT FOODSBY IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (1) THE USE OF, OR THE INABILITY TO USE, FOODSBY SERVICES, (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, GOODS OR AND WEB SITE, (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE, (5) RELIANCE ON CONTENT OR POSTINGS ON OUR SITE, OR (6) ANY OTHER MATTER RELATING TO OUR SITE OR FOODSBY SERVICES, INCLUDING ORDERING FOODS SERVICE FROM THIRD PARTIES THROUGH THE SITE OR ANY CLAIMS OF ILLNESS OR INJURY RESULTING FROM FOOD PURCHASED THROUGH THE SITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT FOODSBY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EXCEPT AS REQUIRED BY THE INDEMNITY PROVISIONS HEREIN, IN NO EVENT WILL FOODSBY’S DIRECT LIABILITY HEREUNDER EXCEED $100.00.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification of Foodsby
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Foodsby, its subsidiaries, and affiliates, and their respective past, present, and future officers, directors, employees and agents from and against any and all actual and alleged liability, losses, claims, demands, disputes, damages, awards, judgments, obligations, penalties, interest, fees, expenses, or costs of any kind, whether known or unknown, including, without limitation, reasonable attorneys’ fees and costs of litigation, resulting from or in any way connected with (a) postings or other content you submit or that are submitted from your account, (b) your use of or reliance on Foodsby Services, (c) your connection to our Site, (d) your violation of this Agreement, or (e) your violation of any rights of another party, including any of our third party partners from whom you order food service. Foodsby shall have no liability to the extent that any suit or claim arises from or was caused by the negligence or willful misconduct of any of any third-party vendor, a defective food product prepared, labeled, transported or delivered by third party vendor, or the third-party vendor’s violation of local, state or federal laws or regulations.
The FOODSBY mark and the Foodsby logo are trademarks of Foodsby, Inc. All rights reserved. All other trademarks and logos on this site are the property of their respective owners.
The images referenced, made accessible or made available to you on the Site or by means of the Foodsby Services are protected by the copyright and trademark laws of the United States and other countries. Although you are permitted to locate and access the images through Foodsby Services, you may need to obtain authorization of the owner of such materials before using them for any purpose other than viewing on the web. For authorizations to use an image, please contact the image owner as indicated on the source site, not Foodsby. Foodsby cannot give you authorization to use the copyrighted images. Foodsby cannot guarantee that a search will not locate unintended or objectionable content and Foodsby accepts no responsibility or liability for the content of any site included in any search results or otherwise linked to by the Ask services, or for your use of such content.
Currency Conversions & Exchange Rates
Data and information is provided for informational purposes only, and is not intended for trading or other business purposes. Data provided may be delayed as specified by financial exchanges or our data providers. Foodsby does not guarantee the accuracy, timeliness, reliability or completeness of any currency conversion or other financial data. Neither Foodsby nor any of its data or content providers shall be liable for any errors or delays in the content, or for any actions taken in reliance thereon. You agree not to redistribute the data found herein.
Food and Beverages
Foodsby does not prepare, label, sell, store, transport, deliver or distribute food or beverage, but merely provides a convenient ordering service for its users to obtain food and/or beverage from third party establishments. Foodsby is not responsible for the preparation, quality or safety of food or beverages ordered through the Site, or for their ingredients, labeling or packaging, or for any activities that are the direct or indirect consequences of ordering food or beverages through this service You specifically release Foodsby for all liability related to these activities and assume all risk in placing an order form a third-party food provider.
Delivery and Pickup
Foodsby and the third-party food providers will provide conditions for time and place of food pick-up that you must comply with as a condition of use of the Site and Foodsby Services. Delivered food may be left unattended in a designated delivery area in your building. You are responsible for complying with pickup instructions, including picking up food within stated timeframes within your order instructions. You must pick up your order promptly after delivery and consume promptly or refrigerate. Neither Foodsby or the food provider is responsible for missing orders, orders not promptly picked up, orders which have been tampered with or other issues related to the use of an unattended delivery area for your order. You assume the sole risk of ordering, picking up and consuming food and beverages ordered through the Site. Foodsby and food providers will specifically not be liable for food quality, or removal or purchased food if you do not comply with pickup time and location requirements.
No Other Agreements Between Us
Law Applicable to Interpretations and Disputes
This Agreement and the relationship between you and Foodsby are governed by the laws of the State of Minnesota without regard to its conflict of law provisions. You and Foodsby agree to submit to the personal and exclusive jurisdiction of the Ramsey County MN courts.
Severability of This Agreement
If any provision of this Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.
Limitation of Actions Brought Against Foodsby
You agree that any claim or cause of action arising out of your use of our Site or this Agreement must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Foodsby to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.
If you have any questions or concerns with respect to this Agreement or our Site, you may contact a representative of Foodsby at email@example.com or by mail at:
733 Marquette Avenue S, Suite 300
Minneapolis, MN 55402