Terms of use

We (the folks at Foodbie) run a service called Foodbie and would love for you to use it. Our service is free. Our service is designed you to find and keep track restaurants you like with the help of your friends.

Terms of Service:

The following terms and conditions govern all use of the Foodbie website and all content, services and products available at or through the website and apps (Android, IOS and Windows) including and not limited to "getfoodbie.com". The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Foodbie’s Privacy Policy) and procedures that may be published from time to time on this Site by Foodbie (collectively, the “Agreement”). Your agreement is with Cyprien Autexier & Michel Vidailhet France.

Please read this Agreement carefully before accessing or using the Website or the apps. By accessing or using any part of the website or our apps, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Foodbie, acceptance is expressly limited to these terms.

The Website or the apps are not directed to children younger than 13, and service on the Website is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use Foodbie. Any person who registers as a user or provides their personal information to the Website represents that they are 13 years of age or older.

By submitting Content to Foodbie for inclusion on your lists, you grant Foodbie a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting your lists or Foodbie. This license allows Foodbie to make publicly-posted content available to third parties selected by Foodbie so that these third parties can analyze and distribute (but not publicly display) your content through their services.

You also give other Foodbie users permission to share your Content on their lists or their own social network accounts (aka to relist or share your Content).

If you delete Content, Foodbie will use reasonable efforts to remove it from Foodbie, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, Foodbie has the right (though not the obligation) to, in Foodbie’s sole discretion (i) refuse or remove any content that, in Foodbie’s reasonable opinion, violates any Foodbie policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the services to any individual or entity for any reason, in Foodbie’s sole discretion. Foodbie will have no obligation to provide a refund of any amounts previously paid.

Responsibility of Website Visitors.

Foodbie has not reviewed, and cannot review, all of the material, including computer software, posted to the website or the apps, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website or the apps, Foodbie does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

The Website or the apps may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. However offensive and indecent content violates our policy and we will try to remove them as soon as we are notified

The Website or the apps may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Foodbie disclaims any responsibility for any harm resulting from the use by visitors of the Website or the apps, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites or Apps. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which WordPress.com links, and that link to WordPress.com. Foodbie does not have any control over those non-foodbie websites, webpages and apps, and is not responsible for their contents or their use. By linking to a non-WordPress website or webpage, Foodbie does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Foodbie disclaims any responsibility for any harm resulting from your use of non-foodbie websites, webpages and apps.

Copyright Infringement and DMCA Policy.

As Foodbie asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Foodbie violates your copyright, you are encouraged to notify Foodbie in accordance with Foodbie’s Digital Millennium Copyright Act (“DMCA”) Policy. Foodbie will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Foodbie will terminate a visitor’s access to and use of the Website or Apps if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Foodbie or others. In the case of such termination, Foodbie will have no obligation to provide a refund of any amounts previously paid to Foodbie.

Intellectual Property. This Agreement does not transfer from Foodbie to you any Foodbie or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Foodbie. Foodbie logo, and all other trademarks, service marks, graphics and logos used in connection with Foodnie, or the Website are trademarks or registered trademarks of Foodbie or Foodbie’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Foodbie or third-party trademarks.

Advertisements.

Foodbie reserves the right to display advertisements on your lists.

Changes. We are constantly updating our services, and that means sometimes we have to change the legal terms under which our services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new Terms will take effect. If you disagree with our changes, then you should stop using Foodbie within the designated notice period. Your continued use of Foodbie will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

Termination. Foodbie may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Foodbie account (if you have one), you may simply discontinue using the Website and the Apps. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties. The Website is provided “as is”. Foodbie and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Foodbie nor its suppliers and licensors, makes any warranty that the Website ot the Apps will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website or the Apps at your own discretion and risk.

Limitation of Liability.

In no event will Foodbie, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Foodbie under this agreement during the twelve (12) month period prior to the cause of action. Foodbie shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Foodbue Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website or the Apps will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification. You agree to indemnify and hold harmless Foodbie, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website or the Apps, including but not limited to your violation of this Agreement.

Translation. These Terms of Service were originally written in English (US). We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

Miscellaneous. This Agreement constitutes the entire agreement between Foodbie and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Foodbie, or by the posting by Foodbie of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website or the Apps will be governed by the laws of France, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the s courts located in Paris, France. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Foodbie may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.