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Saturday, 20 April 2013 21:04

Terms and Conditions

Rules – yuck! Nobody likes the rules, but without them we just couldn’t do what we do. So to make reading them a little bit more palatable, we’re including a “plain English” summary of each rule before the legal mumbo-jumbo so the key points don’t get lost in the legal shuffle. But remember – by using any of Freedible’s Services you’re agreeing to all of them so please, give them all a read. Without further ado, here goes...

Terms and Conditions

1.   You’re welcome to use this Service but by doing so you agree to follow the rules. All the rules.

Freedible is a brand-new service, created by a tiny team to try to make life a little easier for people on restricted diets. We created this site “on a shoestring,” as they say, because we just plain thought it needed to exist. While we may offer for-fee services later, at this point at least it’s totally free for the user – because we want to help as many people as possible.

What we ask in return is that you work with us. Please, pay attention to all of our terms and conditions – including not just these summary btis but also any others within the “Legal Mumbo-Jumbo” sections, our Privacy Policy or elsewhere on our site or within any other Service we offer. Together, they are a legally-binding agreement between us and you. Understand that by using our Services you agree to abide by them – all of them – and that you are responsible for all activity by you or under your account on our site.

+   THE LEGAL MUMBO-JUMBO:

a)     This is a legally binding agreement.

  1. These Terms and Conditions, together with our Privacy Policy and any other terms, conditions or rules set out on our site (“the Site”) or in any other Service (as that term is defined below) that is provided by us now or in the future, as each of those documents may be amended from time to time, are the “Terms of Use”. They are a binding contract between Freedible, Inc. (“Freedible”) and You.
  2. “You” or “your” constitutes all those, whether acting as an individual or on behalf of an entity, including you and all persons, entities, or digital engines of any kind that harvest, crawl, index, scrape, spider, or mine digital content by an automated or manual process or otherwise, who access, visit and/or use the Freedible website (the “Freedible Site”) or any of the forms, information, software, function, applications, features, functionality, graphics, artwork and any other Content (as that term is defined herein), materials and resources available on the Freedible Site or through any software, tools, applications, features or functionality available in any other format or through any other application or device (collectively with the Freedible Site, the "Service").
  3. “Content” shall include all of the contents of the Freedible Site, including but not limited to text, graphics, images, content submitted by users and other third parties, any of the information, software, function, applications, features, functionality, graphics, artwork and any other content, materials and resources available on the Freedible Site or through any software, tools, applications, features or functionality available in any other format or through any other application or device (collectively, the “Content”)
  4. You must read and agree to the Terms of Use before using the Service and by using the Service, you agree to these terms. If you do not agree to these terms, do not use the Service.
  5. The Terms of Use may be modified from time to time. Freedible has the right, at any time, to change, modify, add to, or otherwise alter the Terms of Use applicable to your use of the Service, or any part thereof, or to impose new conditions, change or discontinue any aspect or feature of the Service including, but not limited to, adding fees and charges for use, changing content, hours of availability or equipment needed for access or use, at any time and without notice to you. Such changes, modifications, additions or deletions shall be effective immediately upon their posting on the Freedible Site or elsewhere within the Service. You agree to review the terms and conditions of this Agreement periodically to be aware of such revisions.
  6. The rules, restrictions, limitations, terms and conditions that apply to the Service, whether listed in these Terms of Use, posted at various points in the Service, or otherwise communicated to you, constitutes the Agreement and entire understanding between the parties, and supersedes prior agreements between the parties, whether oral or written, with respect to the subject matter hereof. Unless explicitly stated in writing by us, any new or additional features, functionality, or Content that augment or enhance the Service, including the release of updates, upgrades, new products and/or services, shall be subject to the terms and conditions of the Agreement.
  7. Any delay or failure by us to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. No waiver by us shall have effect unless such waiver is set forth in writing, signed by us; nor shall any such waiver of any breach or default constitute a waiver of any subsequent breach or default.
  8. We may sub-license, transfer, sell or assign the Agreement, and/or any of our purported obligations hereunder, at any time to any person or entity, with or without notice. You may not sub-license, transfer, sell, or assign the Agreement at any time to any person or entity, and any attempt to do so will be null and void.
  9. Please review any other policies posted on the Freedible Site and elsewhere within any Service. These policies also govern your use of the Freedible Service. We reserve the right to make changes to the Freedible Site, policies, Terms, and our Privacy Policy at any time.
  10. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
  11. In the event of any conflict or inconsistency between the terms and conditions of these Terms of Use and any rules, restrictions, limitations, terms and/or conditions that may be posted at various points in the Service or otherwise communicated to users of the Service, we shall determine which rules, restrictions, limitations, terms and/or conditions shall control and prevail in our sole discretion, and you specifically waive any right to challenge or dispute such determination.
  12. You may use the Service only if you can form a binding contract with Freedible, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
  13. Freedible is based in New York, New York, in the United States of America. Freedible makes no claims that Freedible and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Site or other Freedible Service from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
  14. Any use or access to the Service by anyone under the age of 13 is strictly prohibited. Because we respect the Freedible community, the Service is not available to any Users previously removed from the Service by Freedible.
  15. Creating a profile or account on the Freedible Site or through any other Freedible Service (and “Account”) gives you access to the Services in our sole discretion. We may maintain different types of accounts for different types of Users. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf. By connecting to Freedible with a third-party service (e.g., Facebook, Twitter, Google+, Tumblr, Pinterest, etc.), you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. For more information on the types of information we collect from these third-party services, please read our Privacy Policy.
  16. You agree not to use user names or board titles that are offensive, obscene, or harassing to others. We reserve the right to require you to change your user name or the title of your board at any time and for any reason in our sole discretion.
  17. Freedible has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person has access to your Freedible passwords or accounts.
  18. It is your sole responsibility to (i) control the dissemination and use of your sign-in name, screen name and passwords; (ii) authorize, monitor, and control access to and use of your Freedible account and password; and (iii) promptly inform Freedible if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password.
  19. To send us an email, use the "Contact Us" links located at the bottom of every page of the Freedible Site. You grant Freedible and all other persons or entities involved in the operation of any Freedible Service the right to transmit, monitor, retrieve, store and use your information in connection with the operation of the Freedible Service. Freedible cannot and does not assume any responsibility or liability for any information you submit, or for the use or misuse by your or third parties of information transmitted or received using Freedible tools and services.
  20. You agree to accept responsibility for all activities that occur under your Account.
  21. Subject to your compliance with these Terms of Use and your payment of any applicable fees, Freedible or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services.
  22. This license does not include any resale or commercial use of any Freedible Service, or its contents; any collection and use of any recipes, product listings, descriptions, or prices; any derivative use of any Freedible Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
  23. All rights not expressly granted to you in these Terms of Use are reserved and retained by Freedible or its licensors, suppliers, publishers, rightsholders, or other content providers.
  24. No Freedible Service, nor any part of any Freedible Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Freedible. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Freedible without express written consent. You may not use any meta tags or any other "hidden text" utilizing Freedible's name or trademarks without the express written consent of Freedible.
  25. You may not misuse the Freedible Services. You may use the Freedible Services only as permitted by these Terms of Use and any applicable laws. The licenses granted by Freedible will terminate if fail to do so.
  26. We may, at any time and without notice to you, terminate your access to the Service and/or your Account, or block your access to the Service, if:
    1. we believe in our sole discretion that you may have violated these Terms or have otherwise engaged in any activities that may harm or damage the reputation, rights, person, or property of Freedible, our users, or any other person;
    2. requested by law enforcement or other government agencies; or
    3. your Account has extended periods of inactivity.
    4. If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for you in our records.
    5. The communications between you and us usually use electronic means, whether you access, visit or use the Service, send us messages, and whether we post notices on the Service or communicate with you via email, messaging or otherwise. For contractual purposes, you (i) consent to receive communications from us in electronic form; and (ii) agree that all notices, documents, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. Your consent to receive communications and do business electronically, and your agreement to do so, applies to all of your interactions and transactions with us.
    6. You understand and agree that joining the Service may include receiving certain communications from us, such as transactional or relationship messages, and/or messages about your Account, and that these communications are considered part of your Account and you may not be able to opt out of receiving them without ceasing to be a registered user of the Service.
    7. Freedible may at any time in the future introduce additional Services, including but not limited to product sales or services, or access to some or all of the existing or future Content, that requires the payment of fees. Should we elect to do so, we and our licensors, vendors and/or service providers may charge you fees for merchandise, products and/or services, including without limitation Content (as that term is defined in this Terms of Use) offered for sale, rental or auction on or through the Service and/or for access to portions of the Service or the Service as a whole. You agree to pay all fees and charges, including applicable taxes and surcharges, incurred through your activity on or through the Service and/or through your Account at the rates in effect for the billing period in which such fees and charges are incurred (such fees, charges, taxes, and surcharges shall collectively be referred to as "Fees"). Unless otherwise specified on the Service, all Fees will be quoted and charged in U.S. dollars. We and our licensors, vendors and/or service providers reserve the right to change the amount of, or basis for determining, any Fees and to institute new Fees, effective upon publication of such revised pricing on the Service.
    8. If you submit a credit, debit, or charge card number, or other payment information to us upon registration, at the time of purchase or otherwise, you authorize, give us permission and direct us to retain such information and to charge all Fees to such payment method.
    9. We may charge Fees in advance and/or on a daily, monthly, yearly, lump sum, or other basis. Fees for certain merchandise, products and/or services may be invoiced on your mobile carrier's bill. We may, in our sole discretion, charge Fees to your designated payment method individually or elect to aggregate Fees for some or all of your purchases. All Fees are due promptly and are non-refundable. You must notify us about any billing problems or discrepancy within thirty (30) days after they first appear on your statement; otherwise, you waive any right to challenge or dispute such problem or discrepancy.
    10. If Fees cannot be charged to the payment method you designate, or payment is returned to us for any reason, including a “charge back,” we reserve the right, in addition to our other remedies, to: (i) demand immediate payment of all outstanding Fees due to us from you; (ii) assess an additional 1.5 percent late charge, or the highest amount allowed by law, whichever is lower; (iii) take any and all lawful steps necessary to collect Fees owed to us, in which case you will be responsible for all costs and expenses incurred in connection with such collection activity including collection fees, court costs and attorneys' fees; (iv) charge such Fees to any other payment method you have on file with us; and (v) terminate, discontinue, suspend, and/or restrict your Account, your ability to access, visit and/or use the Service or any portion thereof, and/or the Terms of Use, including without limitation any of our purported obligations hereunder.
    11. In addition, you are responsible for obtaining and maintaining at your own expense all equipment, hardware, software, and telephone, mobile, wireless, Internet and other services necessary to access, visit and/or use the Service. If you are accessing the Service via a mobile device, your mobile carrier may charge you fees for data, text messaging and other mobile access or communications services.

b)     Conflict and severability of terms

c)     Access to the Services

(1)   Eligibility to Use the Service    

(2)   It is your obligation to protect your password and restrict access to your account.

(3)   You have a limited license to use the Service

(4)   Right to terminate

(5)   Communications to You

(6)   Fees and payment

2.   Nothing on this site should be interpreted as medical advice.

We are not doctors, we don’t pretend to be doctors, and even if we were doctors, there are lots of things about the interactions between people and food that the medical profession is still figuring out. We will do our level-headed best to make sure that the information that Freedible posts is as medically and scientifically accurate as possible – and you agree to do the same.

We are putting this information out there because we think it’s important for people to have access to it, but we can’t make any promises that it’s all accurate, or accurate in all cases.   That’s why we recommend (here and elsewhere) that you seek medical advice before taking any action based on anything you find on any Freedible site or other service. Sorry to lay down the law, but by using our site or any of our Services now or in the future you agree to this (and all the other Terms of Use).

+   THE LEGAL MUMBO-JUMBO:

a)     Nothing contained in this site is or should be considered, or used as a substitute for, medical advice, diagnosis or treatment.

  1. The Content is provided for informational purposes only. Food-related allergies and other medical conditions can cause life-threatening or even fatal reactions. Nothing on the Freedible Site shall be misconstrued as providing any advice with respect to the diagnosis or management of such allergies or conditions, including for example indicating what exposures or practices are safe for an individual person.
  2. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding personal health or medical conditions, including allergies and intolerances, and before beginning any new diet. Never disregard professional medical advice or delay in seeking it because of something you have read on the Freedible Site! If you think you may have a medical emergency, call your doctor or 911 immediately.

b)     Freedible does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Freedible Site.

c)     Reliance on any information provided by Freedible, Freedible employees, others appearing on the Freedible Site at the invitation of Freedible, or other visitors to the Freedible Site is solely at your own risk.

3.   Be nice.

Food restrictions are complicated, and they’re intensely personal.   As a culture, we’ve only very recently even begun to talk about the idea that food is not ‘one size fits all’, and bringing together people with all sorts of different food allergies, intolerances and other reactions is a pretty new idea.

So please, let’s be gentle. Remember that one man’s “quack” nutritional theory is another man’s life-saving and health-restoring “secret sauce.” Let’s also remember that a “my food reaction is worse than your food reaction” kind of conversation only stands to keep us apart, when we can make so much more progress together. And please, respect the other members of our community by making sure that any content you post is relevant and appropriate to the specialized, “niche” nature of our unique service and its mission.

Of course, all the traditional definitions of “being nice” apply here, too. Freedible will be at its best if we all make sure it is a safe, welcoming and pleasant environment in which to share our views, our information, our questions and our challenges. We must insist that you do your part to make that vision a reality.

+   THE LEGAL MUMBO-JUMBO:

a)     Rules governing User-Submitted Content

  1. The Freedible Site provides multiple opportunities and functionalities where users who have completed a profile and registered an account (“Members”) may post recipes, personal experiences and other Content including in their personal profiles, the “tabletalk” forum, reviews, comments, photos, videos and elsewhere; send event invitations, emails and other communications; submit suggestions, ideas, comments, questions, or other information; associate oneself with groups, participate in group discussions, send personal communications, make public status updates, etc. (collectively, the User-Submitted Content).
  2. Should you elect to post User-Submitted Content, you may do so only subject to these Terms of Use, including but not limited to the following:
  3. Any User-Submitted Content may not:
    1. infringe on the intellectual property rights of others or on the privacy or publicity rights of others;
    2. constitute information you are bound to not disclose by agreement, contract, fiduciary duty, employment relationship or otherwise, such as insider information, proprietary and/or confidential information or trade secrets;
    3. be unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, pornographic, sexually-explicit, vulgar, immoral, violent, deceptive, embarrassing to any other person or entity or otherwise inappropriate, as determined by Freedible in its sole discretion;
    4. be hateful, violent, or that victimizes, degrades, defiles or disparages any group based on race, gender, religion, national origin, disability, sexual orientation or age, or otherwise engage in what we deem to be racism, sexism, ageism, religious intolerance, bigotry, ethnic slurs, or homophobia, as determined by Freedible in its sole discretion;
    5. constitute, contain, include, facilitate or have the effect of being a software virus or any other computer code, file or program intended, designed or having the effect of interrupting, destroying or limiting the functionality of any computer software or the Freedible Site;
    6. constitute advertisements, political campaigning, mass-mailings, “spam” or solicitations of business, commercial or otherwise;

(vii)constitute or be similar in function, structure, scheme or intent to chain letters or pyramid schemes; and/or

  1. constitute or be intended to enable, authorize, instruct, encourage, assist, suggest, or promote activities that incite violence, constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal, provincial, national, international, or foreign law, rule or regulation (e.g., drug use, underage drinking), including without limitation defamation, child pornography, fraud, or invasion of privacy.
  2. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any User-Submitted Content.
  3. If you post or access any User-Submitted Content, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any such communications. Please remember that Freedible is a public platform and that other visitors, users or Members may search for, see, use and/or re-post any User-Submitted Content that you make publicly available through the Service. Freedible and its licensors are not responsible for the consequences of any communications on or through the Site or Service.
  4. We strive to provide an enjoyable online experience for our users, so we may (but are under no obligation to) monitor activity throughout the Service, including in the social, community and public discussion areas, tabletalk, comments, photo and video galleries, bulletin boards, groups, chats, blogs, blogs directory, personal profiles and other User-Submitted Content, and elsewhere, to foster compliance with the Terms of Use. You hereby specifically agree to such monitoring.
  5. Despite our best efforts to monitor all Content available on or through our Services, we do not make any representations, warranties or guarantees that: (i) the Service, or any portion thereof, will be monitored for accuracy or unacceptable use, (ii) apparent statements of fact will be authenticated, or (iii) we will take any specific action (or any action at all) in the event of a challenge or dispute regarding compliance or non-compliance with the Terms of Use. We generally do not pre-screen Content before it is posted, uploaded, transmitted, sent or otherwise made available on or through the Service by users, so you may be exposed to Content that is opinionated, offensive, and/or inappropriate, including Content that violates the Agreement.
  6. Freedible reserves the right (but not the obligation) to remove or edit any Content, including User-Submitted Content, that we find, in our sole discretion, violates these Terms of Use, or that we find otherwise objectionable.
  7. In any case where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.

4.   If it ain’t yours, don’t use it.

Nobody likes to have their stuff ripped off, so please – before you post that story or upload that photo, make sure you have full rights to do so.   Ask your buddy before plastering pictures of his kids on the web.   Give full credit to the author/photographer if you’re reposting someone else’s stuff. Don’t post your company’s trade secrets – no matter how juicy – on our site, or anything else that you are prohibited from sharing by contract or law. That goes for our stuff, too – we’ve worked hard to develop the content, graphics, images, design and all the rest that goes into (or onto) our site, and it’s all protected by our copyright.

Intellectual property rights are a ‘sticky wicket’ (in other words, they’re tricky!) – if in doubt, don’t post it.

+   THE LEGAL MUMBO-JUMBO:

a)     By posting any Content on our Site or elsewhere in the Service, you represent and warrant the following:

  1. that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Freedible for all claims resulting from any Content you supply.
  2. You agree to only post or upload Media (like photos, videos or audio) that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.
  3. To protect your privacy, you agree that you will not submit any media that contains personally identifiable information (like name, phone number, street address, email address or web site URL) of you or of anyone else. Uploading media like images or video of other people without their permission is strictly prohibited.
  4. By uploading any media on the Freedible Site, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.
  5. It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms or with the Freedible Privacy Policy.
  6. You agree that you will not upload 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 the Freedible Site.
  7. By uploading any media like a photo or video, (a) you grant to Freedible a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes Freedible to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify Freedible and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the media and/or your failure to comply with these the terms described in this document.
  8. Freedible reserves the right to review all media prior to submission to the Freedible Site and to remove any media for any reason, at any time, without prior notice, at our sole discretion.
  9. All Content included in or made available through any Freedible Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations, is the property of Freedible or its content suppliers and is protected by United States and international copyright laws. The compilation of all content included in or made available through any Freedible Service is likewise the exclusive property of Freedible and protected by U.S. and international copyright laws. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
  10. Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Freedible Service are trademarks or trade dress of Freedible in the U.S. and other countries. Freedible’s trademarks and trade dress may not be used in connection with any product or service that is not Freedible’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Freedible. All other trademarks not owned by Freedible that appear in any Freedible Service are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Freedible.
  11. If you have reason to believe that your Content has been copied and/or is accessible on the Service in a way that constitutes copyright infringement, or that the Service contains links or other references to another site, application, destination or service that contains Content or activity that infringes your copyright rights, you may request removal of those materials (or access thereto) from this web site by contacting Freedible and providing the following information:
  12. identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work;
  13. identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material;
  14. your name, address, telephone number and e-mail address;
  15. a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law;
  16. a statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf; and
  17. a signature or the electronic equivalent from the copyright holder or authorized representative.
    1. In an effort to protect the rights of copyright owners, Freedible maintains a policy for the termination, in appropriate circumstances, of subscribers and Account holders of the Freedible Site who are repeat infringers.
    2. IMPORTANT: MISREPRESENTATIONS MADE IN A NOTICE CLAIMING THAT CONTENT OR ACTIVITY IS INFRINGING VIOLATES THE DIGITAL MILLENNIUM COPYRIGHT ACT AND MAY EXPOSE YOU TO LIABILITY FOR DAMAGES (INCLUDING COSTS AND ATTORNEYS' FEES). COURTS HAVE FOUND THAT YOU MUST CONSIDER COPYRIGHT DEFENSES, LIMITATIONS OR EXCEPTIONS BEFORE SENDING A NOTICE. ACCORDINGLY, IF YOU ARE NOT SURE WHETHER CONTENT RESIDING ON OUR SERVICE INFRINGES YOUR COPYRIGHT, WE SUGGEST THAT YOU FIRST CONTACT AN ATTORNEY. IN ADDITION, PLEASE DETERMINE WHETHER THE CONTENT YOU ARE SENDING A NOTICE ABOUT IS ACTUALLY RESIDING ON OUR SERVICE BEFORE SENDING THE NOTICE.

b)     Specifically with respect to photos, videos, audio and other media,

c)     Freedible’s intellectual property

d)     Copyright Complaints:

5.   Think about what you’re publishing, and to whom.

The Internet is a great big world. Whisper something quietly on the web and it can be like a mouse with a bullhorn that has no off switch. Think about that before you post.

Freedible is at its core designed to help people connect with one another about what is really pretty personal stuff. How do you eat? Why do you follow that diet? What was your experience working with your doctor to find a diagnosis – and what did you all conclude? What happens to you if you eat one of your “banned” foods? And how do you manage and/or explain all that in your communications with friends, family, doctors – and the rest of the outside world?

Throughout our site, we try to provide as many opportunities as possible for you to set privacy restrictions on your content. Any field in your profile can be restricted to just you, your friends, registered members or the general public, on a field-by-field basis, from within your ‘edit profile’ screen. You can also set these same privacy levels for each post you make on tabletalk. We are counting on you to think these options through, and to only reveal publicly information that you are comfortable with everybody – and we do mean everybody – knowing about you. We aren’t responsible for anything that happens as a result of you choosing to reveal information on or through our site.

+   THE LEGAL MUMBO-JUMBO:

a)     Providing personal information through, on or to Freedible or any portion or extension of the Service.

  1. On our Site or elsewhere in the Service, you are given opportunities to provide personal information, including information regarding any food restrictions or food-related medical conditions you might have, in your Account profile and elsewhere on the Site, as well a through the many places where users can submit their own Content. Tools are provided to limit access to some of this material. You are responsible for determining how much of your Content you would like to be public, and accordingly for utilizing the tools provided to protect the privacy of any Content that you submit to the site. You have sole responsibility for any consequences that may occur from your decision to provide personal information and/or from your failure to mark such information as ‘private’.
  2. Please be aware that any Content you disclose in publicly-accessible portions of the Service may be available to other users, so you should be mindful of personally identifiable information and sensitive Content you may wish to post. To the extent you provide and/or elect to allow public access to such information, you do so at your own risk. You agree to hold Freedible, its officers, directors, agents, employees and rightsholders harmless from any damages resulting from or connected in any way to the provision or public availability of such information. We are not responsible for the consequences of content or personally identifiable information you post, upload, transmit, send or otherwise make available on the Service.
  3. If you do post any Content or otherwise submit any material, including by email, whether in your Account, personal profile or elsewhere and whether it is marked “private” or otherwise, including but not limited to any business idea, and unless we indicate otherwise, you grant Freedible a nonexclusive, royalty-free, perpetual, irrevocable, worldwide, unlimited, assignable and fully sublicensable, fully paid-up and royalty-free right to use, reproduce, modify, adapt, publish, translate, create derivative works from, improve, distribute, remove, retain, add to, process, analyze, commercialize, repost and display such content throughout the world and in any media or medium, or any form, format, or forum, including but not limited to social media platforms, now known or hereafter developed. You grant Freedible and its sublicensees the right to use the name that you submit in connection with such content, if they choose.
  4. If you submit any User-Submitted Content that includes, describes or otherwise makes reference to any business information, idea, concept or invention to Freedible by email, you automatically grant or warrant that the owner of such content or intellectual property has expressly granted Freedible a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Freedible may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to Freedible by email or on the Site. We try to answer every email in a timely manner, but are not always able to do so.
  5. You further agree that you will not send or transmit to Freedible by email, (including through the email addresses listed on the "Contact Us" page) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to Freedible including by email, you agree such submission is non-confidential for all purposes.

b)     By posting any content on Freedible, you grant Freedible a license to that Content.

6.   We have the right to use any information you provide – but we won’t tell anyone it’s yours.

Part of the power and the promise of a project like Freedible is that by bringing people together with different food restrictions, we can begin to gather some data on what peoples’ true eating requirements are.

As they say, “knowledge is power”. With this information, there’s so much we can do to move the needs of restricted eaters forward, from pushing for stricter labeling laws, to raising awareness of food allergies with the restaurant industry, to pointing out to food manufacturers how much bigger their market would be if they’d only stop using x, y or z in their products. Not to mention that the more information you provide, the more we can do to customize your experience at Freedible to ensure that you see the content and/or products that are relevant to you, and the more options we have for how to make this Service into a sustainable business so we can continue our mission of making it easier for you to find or make dinner. That’s why we ask for the information we do, why we think it’s in all of our best interests to provide it and also why we at Freedible reserve the right to use that information as we see fit.

That said, your privacy is important to us and as regular people we know that no one wants their business spread around. That’s why we promise that if we use your information we will remove things like name and address that tie that data back to you.

+   THE LEGAL MUMBO-JUMBO:

a)     The collection and use of your information is governed by our Privacy Policy.

Our Privacy Policy is incorporated into, and constitutes a portion of, these Terms of Use. By using the Service, you agree that you have read and agreed to the terms of our Privacy Policy as well as all others of the Terms of Use.

7.   We hope our site will be a great resource for parents – but it’s not meant for kids.

Tough as food restrictions are on grownups, they’re just plain ugly for kids. Kids and their grownups need a special kind of support, recipes and resources to handle this with style.

As parents ourselves, we are committed to doing all we can to provide this kind of information to the grownups involved but it is important to note that our site is not intended to be directly used by anyone under the age of 13, nor is any of the information on it. Nor should you create a profile on behalf of anyone under the age of 13. If you are under 18, you may use the Freedible Services only with involvement of a parent or guardian. There are strict rules protecting the privacy of children on the web – as right there should be. So please, help us make sure your little ones are safe, and that we can continue to provide this Service, by strictly following these rules.

+   THE LEGAL MUMBO-JUMBO:

a)     You must be at least 13 years of age and legally competent to enter into a binding agreement to utilize the Service.

b)     Protecting children’s privacy

  1. We are committed to protecting the privacy of children. Although the Freedible Site contains some information relevant to children, that information is intended to help better inform adults and you should be aware that this Freedible Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
  2. NOTICE OF AVAILABILITY OF FILTERING SOFTWARE

All users are hereby informed by the provider of this interactive computer Service that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at  http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html (Children's Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies).

c)     No sales of products or services to children

Should Freedible elect to sell products for children, such products would be intended for sale only to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Freedible Services only with the involvement of a parent or guardian. Any recipes, product listings or other information on Freedible relating in any way to alcohol are intended only for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. Freedible reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

 

8.   We might make mistakes. In fact, we’re pretty much certain we will.

Even if we were perfect in every way (and let us assure you, we’re not!), as with many things related to medical science, there’s a tremendous amount we still don’t know about the many ways that the human body – let alone your human body – can react to food. Thus, we can pretty much guarantee that at some point someone is going to discover that something we or someone else says here on Freedible is wrong. Sigh. And that’s before we factor in the inevitable human errors in our reporting of facts that turn out to be unquestionably true. Double sigh.

Faced with that reality, we realized that our choices were either to give up without even trying, or to promise to do our level-headed best to keep any information we at Freedible post as accurate as we can, to ask you to do the same and (here’s the most important part) to remind you that we cannot guarantee the accuracy of the information on Freedible. And nothing you read on this site should ever be construed as medical advice. And it is your responsibility to double-check whether every ingredient, recipe and/or product you find out about on our Site is safe for you – including making a call to the manufacturer to make sure there haven’t been any potential for cross-contamination by something that may be harmful to you. And you should never rely on a website – ours or anybody else’s – to diagnose or tell you how to manage a medical condition.

Obviously, we decided to take the second option. Now we need your help to make that work – and sorry to be heavy-handed about it, but by using this Service you agree to do just that.

+   THE LEGAL MUMBO-JUMBO:

a)     No warranty regarding any of the Content on the Freedible Site.

  1. Freedible attempts to be as accurate as possible. However, Freedible does not warrant that any of the Content, including any of the recipes, articles, product descriptions, reviews, “Cheat Sheets”, Getting Started Guides, New Diets Survival Kit or any other Content on any Freedible Service, whether authored or posted by Freedible, any employee, agent, director or other indemnity of Freeible or by a Member or other user, is accurate, complete, reliable, current, or error-free.
  2. Freedible specifically disavows any liability for any errors of commission or omission with respect to any information on the site that could be construed as suggesting that any food, product or practice is safe for any individual, groups of individuals or for people with a particular allergy, intolerance, celiac or other auto-immune disease or any other medical condition. As stated above, nothing on our site shall be construed as medical advice.
  3. There is no warranty that any information provided on the Freedible Site with regards to a product or type or group of products is accurate and complete, whether that information is posted now or in the future and whether it is posted by us, a partner, a Member or other user of the Site or by any other third party. This includes any information regarding the ingredients, manufacturing practices or potential cross-contaminants of any product described, listed, included in a recipe as an ingredient or otherwise mentioned, or the safety or suitability of such product for any purpose or use, including its consumption by people with a particular food restriction. It also includes the quality, quantity, size, character, fitness for a particular purpose, specifications, features, functionality, safety, or legality of such merchandise, products and/or services, the truth or accuracy of the listings, or the ability of any sellers to sell, ship, or otherwise provide such merchandise, products and/or services.
  4. It is your responsibility to carefully read, inspect, and investigate any product, including any product that may now or in the future be available for sale through the Freedible Service, and to determine the safety and appropriateness of any such product for your consumption or use. It is further your responsibility to contact the manufacturer of any food or food-related products to confirm the ingredients used therein and whether there is any potential that an element that may be harmful to you has been used or exposed to the product in the harvesting, production or manufacturing process for that product. While Freedible makes every effort to ensure that this information is accurate, up to date and presented without any typographical or other errors, Freedible provides this information solely for your convenience and it is your responsibility to contact the manufacturer directly to confirm that such information is in fact accurate and complete. You agree that only the manufacturer – and not Freedible or its Indemnities – has any liability for the accuracy of any such information.
  5. A manufacturer can change the ingredients and manufacturing practices for a product at any time; it is your responsibility to confirm all such information directly with the manufacturer.
  6. You agree that it is your sole responsibility to read and understand the ingredients in any product described or included on the Freedible Site, including any products included as ingredients in any recipes on the Site, and to know what is safe for your diet. You agree that any representations regarding the actual ingredients, manufacturing practices or suitability of a given product for a particular diet or set of dietary restrictions or other health concerns are solely that of the manufacturer and you agree that Freedible has no responsibility or liability for any such representations, or for any consequences that may result therefrom.
  7. Images available on or through the Service of merchandise or products, including without limitation Content, may not accurately capture the actual appearance, color, look and feel, specifications, features, or functionality of such merchandise or products.
  8. We may provide links to the sites of certain third parties, select certain sites as priority responses to search terms you enter, allow advertisers to respond to certain search terms with advertisements or sponsored content and/or grant certain Members of the Community special status as a “blogger,” “manufacturer” or otherwise. In addition, parties other than Freedible may at some time in the future operate stores, provide services, or sell product lines on the Freedible Site. Freedible does not endorse, is not responsible for reviewing, screening, editing or otherwise vetting any statements, assertions or other Content such third parties may make on Freedible or elsewhere. Moreover, Freedible does not endorse any product, service or treatment advertised on the Freedible Site.
  9. Freedible is not responsible for the Content submitted by any third parties, including any content in advertisements, on third-party sites to which there is a link on the Freedible Site, or on sites framed within the Freedible Site or provided as search results, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Freedible does not recommend and does not endorse the content on any third-party websites. Freedible does not endorse any product, service or treatment advertised on the Freedible Site.
  10. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these third parties or the content of their Web sites. Freedible does not assume any responsibility or liability for the actions, product, and content of these and/or any other third parties, nor do we recommend, endorse or otherwise make representations regarding their content or accuracy. You should carefully review all third party privacy statements and other conditions of use before accessing their web sites or utilizing their services.
    1. THE FREEDIBLE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FREEDIBLE SERVICES ARE PROVIDED BY FREEDIBLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. FREEDIBLE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO (i) THE OPERATION OF THE FREEDIBLE SERVICES, (ii) THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES THAT NOW ARE OR IN THE FUTURE MAY BE INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FREEDIBLE SERVICES, (iii) the operation of the Freedible Site or the Freedible Content will be error-free or uninterrupted; (iv) defects will be corrected; (v) the Freedible Site and Freedible Content are free of viruses or other harmful components; or (vi) the Freedible Site or the Content will meet your requirements.
    2. Freedible further makes no claim that any tagging, classification or identification of a given recipe, ingredient or product is safe or appropriate for individuals having a particular dietary restriction are true, accurate, current or otherwise reliable. While we use reasonable measures to ensure that such information is accurate, complete and up to date, You agree that You rely on any such information at Your own risk.
    3. Freedible makes no representation or warranty as to the results that may be obtained from the use of the Freedible Site, the Content or any remedy, practice or recommendation implied, described or otherwise discussed in said Content, that the results may be obtained from such use will be reliable, or that the quality of any product, service, information or other material purchased, downloaded or otherwise obtained by you through the Freedible Site will meet your expectations.
    4. Any materials and/or other data downloaded or otherwise obtained through the use of the Freedible Site is downloaded or otherwise accessed or acquired at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the downloading of such material or data.
    5. Freedible and its parent, subsidiaries, directors, officers, employees, affiliates, successors, assigns, agents and representatives specifically disclaim any warranty, except as otherwise specifically provided elsewhere in this agreement, oral or written, whether express or implied, including without limitation, the implied warranties of merchantability, title, non-infringement, and fitness for purpose. Under no circumstances will Freedible or its parent, subsidiaries, directors, officers, employees, affiliates, successors, assigns, agents or representatives, be liable or responsible for any damage or inconvenience caused or alleged to be caused by the use of the Freedible Site, our Services or the Freedible Content or the User Content. This warranty gives you specific legal rights, and you, as licensee, may have other rights that vary from state to state. Some states do not allow the exclusion of implied warranties, so portions of the above may not apply to you.
    6. WITHOUT LIMITING THE FOREGOING, Freedible, its licensors, and its suppliers make no representations or warranties about the accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Freedible Site.
    7. When using the Freedible Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Freedible and its suppliers. Accordingly, Freedible assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Freedible Site.
    8. Freedible takes no responsibility and assumes no liability for any content posted by you or any third party.
    9. YOU EXPRESSLY AGREE THAT YOUR USE OF THE FREEDIBLE SERVICES IS AT YOUR SOLE RISK.

b)     No warranty regarding any Content related to products.

c)     Content provided by third parties on or through the Freedible Site.

(1)   Third-party content

d)     Express disclaimer of warranties

(10)TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FREEDIBLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FREEDIBLE DOES NOT WARRANT THAT THE FREEDIBLE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FREEDIBLE SERVICES, FREEDIBLE’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM FREEDIBLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FREEDIBLE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY FREEDIBLE SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY FREEDIBLE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

(11)CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

e)     Limitation of Liability

  1. Freedible (and its parent, subsidiaries, directors, officers, employees, affiliates, successors, assigns, agents and representatives) shall not be liable for any injury, claim, liability or damage of any kind resulting from your use of the Freedible Site, Service or Content, including but not limited to the User-Submitted Content. Freedible (and its parent, subsidiaries, directors, officers, employees, affiliates, successors, assigns, agents and representatives) shall not be liable for any special, direct, indirect, incidental or consequential damages of any kind whatsoever, including without limitation health or medical injury, attorney fees, lost profits, goodwill, business interruption, loss of business information or data, loss of opportunity and the like, in any way due to, resulting from, or arising in connection with the use or inability to use the Freedible Site, our Services or the Content.
  2. Freedible has no liability for the access, use or downloads of content outside of the United States. You are responsible for ensuring that your use of the Service conforms to the laws of your local jurisdiction.
  3. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NONE OF THE INDEMNIFIED PERSONS ARE LIABLE TO YOU OR ANY OTHER PERSON FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, STATUTORY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF THE INDEMNIFIED PERSONS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US.

9.   We want to hear from you.

Freedible is a brand-new service and we like to think it’s a big new idea. Frankly, we’re all going to be figuring this out together as we go along. We can’t promise that we’ll be able to act on every suggestion, but we sure would like to hear them. If you have a question about anything on our site, please contact us. And if you see something – like information posted by us that you think isn’t right, or information posted by anyone that you have reason to think violates the terms of this agreement – please say something. We’ll all have to work together to make this Service meet our collective needs and fulfill its potential.

+   THE LEGAL MUMBO-JUMBO:

a)     How you can reach us:

  1. We can be reached by email at This email address is being protected from spambots. You need JavaScript enabled to view it.This email address is being protected from spambots. You need JavaScript enabled to view it.; by telephone (914-613-3733) or by mail.
  2. Not all complaints are actionable.
  3. Remember that by using our Service you may be exposed to Content that is opinionated, offensive, and/or inappropriate, including Content that violates the Terms of Use, but that not all such Content is actionable. We ask that you not use the Service, or lodge complaints against other users, to facilitate a personal dispute.
  4. If you have what you believe is a legitimate and actionable complaint about another user, please do the following:
  5. Harassment: If you have reason to believe that another person is using the Service in a way that is harmful to you (e.g., to impersonate or imitate you, or to stalk, bully, threaten, intimidate or otherwise harass you), we urge you to contact your local authorities, or appropriate state or federal agencies. If you feel that you are or may be in danger, call 911 immediately for emergency assistance.
  6. Copyright Complaints: if you have reason to believe that any Content posted on the Site or in any other Freedible Service infringes on your intellectual property rights, follow the procedures set forth in Copyright Complaints below.
  7. CyberCrime: If you have reason to believe you may be the victim of an online crime, such as identity theft, fraud, infringement, or hacking, you may contact the Internet Crime Complaint Center, at www.ic3.gov, a partnership between the Federal Bureau of Investigation (FBI), the National White Collar Crime Center (NW3C), and the Bureau of Justice Assistance (BJA).
  8. IMPORTANT: FALSE OR INACCURATE ACCUSATIONS THAT OTHERS HAVE COMMITED A CRIME, INAPPROPRIATE ACT, OR VIOLATION OF THIS AGREEMENT, COULD BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAW, OR OTHERWISE EXPOSE YOU TO LIABILITY FOR DAMAGES (INCLUDING COSTS AND ATTORNEYS' FEES).

b)     What to do if you have a complaint against another user

10.       By going any further, you agree that you’ve read these and the other Terms of Use – and that you agree to them.

As we said, we’re a tiny startup and we couldn’t do this at all if we didn’t have your word that you’ll help us make it legally and financially possible. That’s why we can’t let you go any further unless you agree that you are bound by these “plain English” terms, as well as all the others included in the Terms of Use, including those in “The Legal Mumbo-Jumbo”, our Privacy Policy or elsewhere on the Site or Service. If you have a question about any of these terms, reach out to us – before using the Service. Once you use the Service, you’re bound by them, and if you break the rules we may terminate your Account, for the good of the community.

+   THE LEGAL MUMBO-JUMBO:

a)     Our right to monitor the Service and take action against a user

  1. Freedible has the right but not the obligation to monitor, edit and/or remove any activity or content, including any User-Submitted Content posted in any portion of the Site, regardless of whether it is marked private.
  2. Freedible reserves the right (but is not obligated) to do any, all or none of the following:
  3. record the dialogue in any public chat rooms;
  4. investigate an allegation that a communication(s) do(es) not conform to the Terms of Use and determine in its sole discretion to remove or request the removal of the communication(s);
  5. remove communications, postings and/or comments that are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms of Use;
  6. terminate a user's access to any or all portions of the Site or Service upon any breach of these Terms of Use;
  7. monitor, edit, or disclose any communication within the Service; and/or
  8. edit or delete any communication(s) posted on the Freedible Site, regardless of whether such communication(s) violate these standards.
    1. Freedible and its licensors have no liability or responsibility to users of the Freedible Site or any other person or entity for performance or nonperformance of the aforementioned activities.
    2. If you breach, violate, fail to follow, or act inconsistently with the rules, restrictions, limitations, terms and/or conditions that apply to the Service, whether listed in the Terms, posted at various points in the Service or otherwise communicated to users of the Service, we may terminate, discontinue, suspend, and/or restrict your Account, your ability to access, visit, and/or use the Service or any portion thereof, and/or the Terms, including without limitation any of our purported obligations hereunder, with or without notice, in addition to our other remedies. In addition, we may curtail, restrict, or refuse to provide you with any future access, visitation, and/or use of the Service. We reserve the right, in addition to our other remedies, to take any technical, legal, and/or other action(s) that we deem necessary and/or appropriate, with or without notice, to prevent violations and enforce the Terms of Use and remediate any purported violations. You acknowledge and agree that we have the right hereunder to an injunction without posting a bond to stop or prevent a breach or violation of your obligations under the Terms of Use.
    3. Even if the Service, your ability to access, visit and/or use the Service or any portion thereof, and/or the Terms of Use is terminated, discontinued, suspended or restricted, by you or by us, we have no obligation to (but we may in our discretion) remove any Content. Copies of all information with regard to your Account and/or Content you may have posted, uploaded, transmitted, sent or otherwise made available on or through the Service, may or may not be retained and/or remain viewable by us, our licensors, vendors, service providers and/or other third parties, including other users. Nevertheless, we have no obligation to retain, store or provide you with any information with regard to your Account and/or Content you may have posted, uploaded, transmitted, sent or otherwise made available on or through the Service. All provisions of the Terms of Use shall survive the termination or expiration of the Agreement and/or your Account.
      1. using the Service for any purpose in violation of local, state, national, or international laws;
      2. posting, uploading, transmitting, sending or otherwise making available through the Service any Content or other material that violates or fails to meet the standards set forth in these Terms of Use;
      3. stalking others on or through the Service, or using information obtained on or through the Service, or otherwise contacting other users in the physical world without their permission using information obtained on or through the Service;
      4. providing or purporting to provide professional advice or making available on or through the Service any Content intended to provide professional advice about medical, health, legal, tax, financial, or investment issues;
      5. after receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form) or to the stated focus and purpose of the Community;
      6. impersonating another person or posting Content under or otherwise using someone else’s Account;
      7. distributing viruses or other harmful computer code;
      8. using any bots, cheats, macros, scripts, or running Maillist, Listserv or any form of auto-responder, or using any other automated process, or engaging in meta-searching or periodic caching of information, to access, visit and/or use the Service, including without limitation to post, upload, transmit, send, or otherwise make available Content on or through the Service;
      9. harvesting, scraping or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments;

b)     If you breach these terms, we may terminate your Account.

c)     In consideration of being allowed to use the Service, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

(10)taking any action to do, or that has the intention of doing or enabling or facilitating anyone else’s attempts, intents or efforts to:

  1. copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, or erase any copyright, trademark, or other proprietary legends, symbols, marks, or notices on the Service, or attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of Content;
  2. copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, erase, reverse engineer, decipher, decompile, disassemble, store, cache, aggregate, publish, post, display, distribute, broadcast, perform, transmit, rent, sell, share, sublicense, syndicate, or otherwise provide to others, or use any Content obtained on or through the Service, in whole or in part, except as permitted by the Copyright Act or other law or as expressly permitted in writing by the Terms of Use, us or the Service;
  3. copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, erase, reverse engineer, decipher, decompile, disassemble, or otherwise attempt to derive any source code or underlying ideas or algorithms of the Service, in whole or in part, including without limitation any Content, communications, messaging, programming, hardware, functionality, or features on our networks, servers or databases, or otherwise reduce the Service, in whole or in part, to a human perceivable form;
  4. access, other than connecting to our servers by http requests using a browser, or disrupt, overwhelm, attack, hack, destroy, damage, disable, impair, repossess, alter, tamper or interfere with, the Service including without limitation any Content, communications, messaging, programming, hardware, functionality, or features on our networks, servers or databases, or impede or interfere with others' access, visitation, and/or use of the Service, in any way or by any means, whether remotely or by access to our personal property, premises, or otherwise, including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Service or otherwise; or
  5. post, upload, transmit, send or otherwise make available on or through the Service any software disabling devices, time bombs, Trojan horses, cancelbots, viruses, worms, bugs, corrupted files, spyware, adware, malware, malicious programs or code, or devices or defects of similar nature;

(11)allowing any other person or entity to use your identification for posting or viewing any Content, including but not limited to tabletalk posts, recipes, comments, group discussions, messages, other communications sent within the Service, etc.; and/or

(12)engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Site or the Service, or which, in the judgment of Freedible, exposes Freedible or any of its customers or suppliers to any liability or detriment of any type.

(13)NOTICE: NO HARVESTING OR DICTIONARY ATTACKS ALLOWED

YOU MAY VIOLATE FEDERAL LAW IF YOU: (i) INITIATE THE TRANSMISSION TO THE FREEDIBLE SITE COMPUTERS OR DEVICES OF A COMMERCIAL ELECTRONIC MAIL MESSAGE (AS DEFINED IN THE U.S. "CAN-SPAM ACT OF 2003") THAT DOES NOT MEET THE MESSAGE TRANSMISSION REQUIREMENTS OF THAT ACT; OR (ii) ASSIST IN THE ORIGINATION OF SUCH MESSAGES THROUGH THE PROVISION OR SELECTION OF ADDRESSES TO WHICH THE MESSAGES WILL BE TRANSMITTED.

d)     Indemnification

  1. You indemnify us from any harm resulting from your misuse of the Service.
  2. You agree to defend, indemnify, and hold Freedible, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
  3. You expressly agree that exclusive jurisdiction for any dispute with Freedible, or in any way relating to your use of the Freedible Site, resides in the courts of the State of Delaware and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Delaware in connection with any such dispute including any claim involving Freedible or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
  4. These Terms of Use are governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
  5. Any action concerning any dispute with respect to the Service must be commenced within one year after the cause of the dispute arises, or the cause of action is barred.

e)     Choice of law, jurisdiction and limitations on actions

  1. You expressly agree that exclusive jurisdiction for any dispute with Freedible, or in any way relating to your use of the Freedible Site, resides in the courts of the State of Delaware and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Delaware in connection with any such dispute including any claim involving Freedible or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
  2. These Terms of Use are governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
  3. Any action concerning any dispute with respect to the Service must be commenced within one year after the cause of the dispute arises, or the cause of action is barred.
Last modified on Friday, 08 November 2013 12:06