Terms of Use

Effective Date: September 2016

Welcome to our website located at www.foodiefittie.com and other connected or related Site owned and operated by FoddieFittie, LLC (“FoodieFittie”). The Site are owned, operated and made available to you by FoodieFittie, located at P.O. Box 1367 Brentwood, TN 37024. The terms and conditions of use that appear below (the “Terms of Use”) govern your use of the Site. BY ACCESSING AND USING THESE Site, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE. PLEASE READ THEM CAREFULLY BEFORE YOU USE THE Site! If you do not agree to comply with these Terms of Use, you may not access or otherwise use the Site.

 

Please be aware that we reserve for ourselves the right to change, add to or delete portions of these Terms of Use at any time by posting such changes on the Site and posting a notice that the Terms of Use have been modified as of a particular date. At all times, your continued access and use of the Site signifies your agreement to be bound by these Terms of Use, as updated. In addition, we reserve for ourselves the right to, without further notice to you, obligation or penalty, suspend or terminate the operation of the Site, or any portion thereof, at any time.

 

Proprietary Rights and Authorized Uses.

 

All materials contained in the Site are the copyrighted property of FoodieFittie, LLC. The Site and all the content contained thereon or accessible through it (including, without limitation, text, images, photographs, graphics, artwork, music, audio clips, video clips, software, logos, trademarks and trade names), the Site’ look and feel, its design and organization, the arrangement, collection and compilation of the foregoing (collectively, the “Site Content”) and all the intellectual property rights embodied in or arising from any of the foregoing (including without limitation, copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other proprietary rights) (collectively, the “IP Rights”) are and shall remain the sole and exclusive property of FoodieFittie (including its parent companies, subsidiaries or affiliates) or its licensors. Your use of the Site shall not be deemed to grant you any ownership rights in any of the Site Content or any of the IP Rights. Moreover, FoodieFittie is not granting to you any express or implied license to use any of the foregoing except to the extent expressly permitted as follows: You may access, view and use the Site Content on your personal computer or other Internet-compatible device and make single copies or prints of such Site Content for your personal, non-commercial use only, provided that you do not erase, delete, remove or otherwise modify or tamper with any of the proprietary notices affixed to such Site Content, and further provided that you do not make copies of, or attempt to make copies of, or store or attempt to store on your computer or other device, any audio or video that is provided in streamed format. Any other use of the Site Content is subject to FoodieFittie’s express written authorization and any additional terms and conditions provided with such authorization only. Except as permitted above, you may not otherwise copy, reproduce, distribute, publish or otherwise exploit the Site, any of the Site Content or any of the IP Rights. Any commercial use, distribution, publishing or exploitation of the Site or the Site Content by you (including, without limitation, via framing or linking to the Site or through commercial transactions such as the reselling or redistribution of images or other Site Content available on the Site) is strictly prohibited. You are advised that FoodieFittie will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. YOU ONLY HAVE A LIMITED RIGHT TO USE THE Site IN ACCORDANCE WITH THESE TERMS OF USE. If you make any unauthorized use of the Site or the Site Content, you may violate copyright law, other laws of the United States, the laws of other countries, international treaties and applicable state laws and you may be subject to liability for any such unauthorized use. FoodieFittie neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with FoodieFittie.

 

Personally Identifiable Information.

 

In the course of your use of the Site, you may be asked to provide certain personally identifiable information to us. Our information collection and use policies with respect to the privacy of such personally identifiable information are set forth in the Site’ Privacy Policy which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of your personally identifiable information. We cannot and do not guarantee the security of any of the personally identifiable information that you transmit online.

 

Materials Submitted By You.

 

Sometimes, you may wish to post to the Site or otherwise send us feedback, suggestions, comments, opinions, images, video, photographs or other materials. While we appreciate your desire to become more involved with the Site (by corresponding with us, participating in any chat rooms or public forums that we may make available from time to time or in any other way), we do not solicit nor do we wish to receive any confidential, secret or proprietary information, creative or other materials from you through postings on the Site, by e-mail or in any other way, and we hereby disclaim all responsibility and liability in connection therewith. Any materials, information, ideas, concepts, suggestions, or any other materials submitted, posted, uploaded, distributed, or published on or via the Site or otherwise sent to us by you (collectively, the “Submitted Materials”) will be deemed not to be confidential or secret and may be used by us (including our affiliates) in any manner, without any restrictions, throughout the universe, in perpetuity, in any and all media now existing or hereinafter devised, without compensation to you or to any other party and without the necessity of further notice or consent from you or anyone else, as further provided in the next sentence. By submitting or sending Submitted Materials to us, you represent, warrant and covenant that the Submitted Materials (i) are original to you, that no other party has any rights thereto, that any “moral rights” in any of the Submitted Materials have been waived and that you grant and agree to grant to us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, upload, download, post, translate, create derivative works from, distribute, perform and display any such Submitted Materials (in whole or in part) and/or to incorporate them in other works in any form, media, or technology now known or later developed; (ii) do not contain any content that is libelous, slanderous, disparaging, tortious, offensive, pornographic, profane, vulgar, containing sexually explicit graphical descriptions or accounts of sexual acts, racist, bigoted, hateful, threatening, harassing (advocating harassment), harmful, false, misleading, fraudulent, invasive of anyone’s publicity or privacy rights or that otherwise violate any law or any right of a third party; (iii) do not constitute “spam”; (iv) do not constitute the promotion or advertising of any commercial enterprise or transaction, or an offer to engage in any such commercial enterprise or transaction; and (v) do not contain any virus, worm or other similar component that could be harmful or a burden to our computer system or to any other third party’s computer system. Please note that we reserve the right to, but may or may not, review or edit any of the Submitted Materials before such Submitted Materials appear on the Site. In addition, we cannot be responsible for maintaining any Submitted Material that you provide to us, and you agree that we may delete, remove, replace or otherwise manipulate your Submitted Materials in any way, for any reason, at any time and in our sole discretion.

 

Materials Submitted by Others.

 

Although FoodieFittie may from time to time monitor or review postings, transmissions and the like on the Site, FoodieFittie is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such locations on the Site. We cannot be responsible if any Submitted Materials submitted by other users offend you or otherwise harms you or your computer in any way.

 

Your Conduct on the Site.

 

You warrant and agree that you will not, while using the Site: (i) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (ii) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information or other material); (iii) engage in “mail-bombing”, “spamming”, “flooding”, harvesting of e-mail addresses or other personal information, “spidering”, “screen scraping”, “database scraping” or any other activity with the purpose of obtaining lists of users or other information or send chain letters or pyramid schemes via the Site; (iv) attempt to gain unauthorized access to other computer systems through the Site; (v) use the Site in any manner that could damage, disable, overburden or impair the Site or interfere with any other person’s use and enjoyment of the Site; (vi) obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site; or (vii) monitor any portion of the Site or any Site Content. FoodieFittie will fully cooperate with any law enforcement authorities or court order requesting or directing FoodieFittie to disclose the identity of anyone posting any such information or materials or participating in any such activity.

 

Links to Third Party Online Merchants.

 

Through the Site, we may provide links to certain unaffiliated third party website on which products and services may be made available for you to purchase. Some of these products may be FoodieFittie products. However, when you link to these third party Site and make purchases through them, your relationship is between you and the third party merchant, and not between you and FoodieFittie. We have no responsibility or obligation with respect to such purchases that you may make on third party webSite, and you will be subject to their own policies, terms and conditions and privacy policies.

 

Third Party WebSite.

 

You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising or other materials, which may or may not be provided by or through website to which you may link from the Site (collectively, the “Linked Site”). FoodieFittie has not reviewed all of the Linked Site and is not responsible for the content of any Linked Site or any other Site linked to the Site. Links to the Linked Site do not constitute an endorsement by us of such website or the information, content, products, services, advertising or other materials presented on or through such website. Your linking to any Linked Site or other off-Site pages or other Site is at your own risk.

 

Online Forums.

 

In the event that online forums are offered on the Site, the information and materials included and expressed on these forums are not necessarily those of FoodieFittie. FoodieFittie does not take on the responsibility of monitoring these forums but may, in its sole discretion, modify the content without notice or liability at any time. Any use of the forums will be at your own risk and will be subject to the disclaimers and limitations on liability described in these Terms of Use.

 

Contests, Sweepstakes, Electronic Postcards and Other Activities.

 

In the event that FoodieFittie elects to offer certain activities on the Site including, without limitation, contests, sweepstakes and electronic postcards by FoodieFittie or in conjunction with third parties, we may post rules specifically governing your participation in the offered activity (“Rules of Participation”). The Terms of Use are incorporated by reference to the specific Rules of Participation, which appear in connection with information about a particular activity. To the extent that any conflict exists between the Terms of Use and any Rules of Participation, the Rules of Participation for the activity shall govern.

 

Copyright Agent.

 

We respect the intellectual property rights of others and require that the people who use the Site do the same. If you believe that your work (or the work of a third party who has empowered you to make this claim) has been copied in a way that constitutes copyright infringement, please forward the following information to FoodieFittie’s Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:

 

•Your address, telephone number, and e-mail address;

•A description of the copyrighted work that you claim has been infringed;

•A description of where the alleged infringing material is located;

•A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

•An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 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.

 

Copyright Agent:

Intellectual Property Counsel

FoodieFittie, LLC

P.O. Box 1367

Brentwood, TN 37024

info@foodiefittie.com

 

DISCLAIMER OF WARRANTIES.

 

THESE Site (INCLUDING THE SITE CONTENT AND ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE Site, IF ANY) ARE BEING PROVIDED, DISTRIBUTED AND TRANSMITTED ON AN “AS IS,” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY REGARDING INFORMATION, AVAILABILITY, UNINTERRUPTED ACCESS OR OPERATION, LACK OF VIRUSES OR OTHER INFECTION AGENTS, TIMELINESS, ACCURACY, SECURITY OR USEFULNESS OF THESE Site, THE SITE CONTENT OR ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE Site, IF ANY, AND WITHOUT ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE AND OUR AFFILIATES AND LICENSORS HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS OR IMPLIED. WE MAKE NO WARRANTY THAT THE Site, THE SITE CONTENT OR ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE Site, IF ANY, WILL MEET YOUR REQUIREMENTS. NO CONTENT OR INFORMATION OBTAINED BY YOU FROM US OR THROUGH THE Site SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE Site, YOUR SOLE REMEDY IS TO DISCONTINUE USING IT.

 

LIMITATION OF LIABILITY.

 

IN NO EVENT SHALL FOODIEFITTIE, LLC, ITS PARENT, SUBSIDIARIES, AFFILIATES OR ANY OF ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, LICENSORS OR ANY OTHER OF ITS OR THEIR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSS OF PROFITS OR LOSS OF SALES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THESE Site, THE SITE CONTENT OR THE FUNCTIONS CONTAINED ON OR RELATED THERETO, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THESE Site. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THESE Site EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID DIRECTLY BY YOU TO FoodieFittie IN DIRECT EXCHANGE FOR YOUR USE OF THE Site.

 

Indemnification.

 

You agree to defend, indemnify and hold FoodieFittie, LLC and the Protected Entities harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Site, your placement or transmission of any personally identifiable information, Submitted Materials or any other message, content, information or other materials through the Site, any breach by you of any of these Terms of Use, or any violation by you of any law.

 

Applicable Laws.

 

We control and operate the Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

 

Software from the Site is further subject to United States Export Controls. No software from the Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

 

Miscellaneous.

 

The Terms of Use and the relationship between you and us shall be governed by the laws of the State of Georgia, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Terms of Use shall be commenced and be heard in the appropriate court in the State of Georgia, City of Atlanta. You agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Georgia, city of Atlanta. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

 

© 2016 FoodieFittie Entertainment, LLC. FoodieFittie®, character names, likenesses and other indicia are trademarks of and copyrighted by FoodieFittie, LLC. All rights reserved.