TERMS AND CONDITIONS
To the effects of these Terms and Conditions, the terms listed below assume following meaning:
– FOODIESTRIP – FoodiesTrip LLC, developer of the foodiestrip website, the applications and the services which are object of these Terms and Conditions and holder of all property rights related to it.
– Site – foodiestrip website in its entirety and integrity, developed by FOODIESTRIP, together with all services and applications object of these Conditions.
– Page – part of the site with its contents visible and available.
– Content of the Site – the Site, all texts, images, trademarks, logos and what is contained in the Site itself
– User or Users – people who access the Site, its Contents and any possible applications through specific and suitable devices to the vision of contents (PC, Tablet, Smartphone, etc.) through browser or applications.
– User Owner (by convention only “Owner”) – the User that have access the Site and upon request of the business ownership or the business on the Site (or in case the business does not exist on the Site, asks for the inclusion in the Site and the ownership of it) manages to the extent permitted, all or a part of the contents on the page of the business itself. The User Owner status allows the use of additional free of charge and/or purchasable services.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE
By using foodiestrip (hereinafter, the “Site”), any person entering and/or using the Site (hereinafter, the “User” or “Users”) expressly accepts and comply with the following Terms and Conditions (hereinafter, the “Conditions”) that FoodiesTrip LLC (hereinafter, the “FOODIESTRIP”) reserves the right to modify at any time in accordance with these Conditions. We advise to check regularly these Conditions to verify any possible changes. If the User does not agree with the provisions in these conditions, the User is not authorized to use the Site.
- Copyright ownership
Unless otherwise indicated in the Conditions the Site and all texts, images, trademarks, logos and what is contained in the Site itself (“Contents of the Site”) is © 2017, FoodiesTrip LLC, all rights reserved.
FOODIESTRIP and all other trademarks and logos on the Site (“Trademarks”) are registered and property of FoodiesTrip and/or third party.
Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use the trademarks without the prior written consent of FOODIESTRIP or another party who is a holder of the trademark.
- Use of this Site
FOODIESTRIP shall authorise the User to view, download and print out the Contents of the Site under the following conditions:
– the User shall do it only for personal and non commercial purposes;
– the User shall never change the Contents;
– any video or printed image from the Contents of the Site must have the indication © 2017, FoodiesTrip LLC all rights reserved;
– the User shall never delete or change any reserve notice on copyright or rights of intellectual property added in the Contents of the Site from FOODIESTRIP;
– the User shall never reproduce, distribute or disclose the Contents of the Site, or its abstracts, with exception of what disposed in these Conditions.
Unless otherwise provided copy, transmission, print out, publishing and distribution of the Contents of the Site or any other part of it, it is strictly forbidden if it is done without the prior authorisation of FOODIESTRIP. The authorisation has to be directly requested to FOODIESTRIP through the company contacts published on the Site and through the email address [email protected]. The User explicitly states that their use of the Site will be in full compliance with this authorization and that they will not violate the rights of any other person, that they will not constitute a breach of a contractual or legal obligation towards third parties and they they will not contravene applicable laws and will.
The User expressly agrees to indemnify FOODIESTRIP from any liability in respect of any person arising from use of the Site that does not comply with these Terms. The User states they are at least eighteen years of age or to have reached the legal age of majority fixed by local and national laws of the community/ region/ state/ nation where he/she uses to live (or from he/she access the Site) legally able to enter into this Agreement and use this Site in full compliance with all the conditions set forth herein. Users will not be charged to use the Site in full compliance with these Conditions.
The Site contains (or may contain) links to third party websites provided by independent third parties or resellers. Services provided by those third party website, or its contents, could not be free of charge.
The customer is responsible to investigate before any transactions, to verify if to use those services will apply or not a tariff. In case FOODIESTRIP will provide on the Site for detail prices of any service offered by third parties, they are just indicative and shall be seen for information purposes only.
FOODIESTRIP is not responsible for the accuracy of these information, it is not associated to those third parties either.
- Registration and account security
The Users of the site provide FOODIESTRIP with their name and real information and FOODIESTRIP invites all doing the same. Concerning the registration and to guarantee the security of the account, the Users shall:
– not to provide the Site with false personal Information or create any account for anyone other than themselves without such person’s permission;
– not create more than one personal account;
– not create another account without FOODIESTRIP’s permission if the original account has been deactivated;
– make sure their contact information are always correct and updated;
– not to share its own password (or, in the case of developers, secret key), or shall not allow other persons to access its own account or to perform other actions that could place at risk the security of the account;
– not transfer to third party its own account (included any pages or any managed application) without the prior written consent of FOODIESTRIP.
- Disclaimer of Warranties and Limitation of Liability
FOODIESTRIP makes no guarantees about the content of the site or any part thereof for any purpose. The contents of the Site are provided by FOODIESTRIP, to the extent permitted by applicable law, offers no warranty of merchantability or fitness for a particular purpose, including any implied warranties. In addition, FOODIESTRIP does not guarantee the accuracy or the exclusive character of the site’s content. Nothing on this website shall exclude or limit the liability of FOODIESTRIP for death or personal injury caused by negligence, wilful default or gross negligence. Except as stated above, the user uses the site under their full responsibility and neither FOODIESTRIP, nor the person who provides the information and materials to be published on the website shall be liable, in contract or tortious, for any loss or damage resulting from the use of the Site, including, without limitation, any damage (direct, indirect, punitive or consequential damages), and any loss (income, profits, goodwill, data, contracts, use of money), as well as losses or damages resulting from business interruption caused by the use or inability to use or the results of use of this site. Because some states or jurisdictions do not allow the exclusion or limitation of liability for intentional or consequential or incidental damages, the above limitations may not apply to some Users.
- Links to other sites
The Site contains or may contain links to third party websites. These linked Sites are not under FOODIESTRIP’s control and FOODIESTRIP is not responsible for the contents of those third party websites. FOODIESTRIP provides for such links for convenience reasons. A link does not mean approval, sponsor or affiliation to the linked site in any way. The linked websites are owned by independent services vendors or providers, they manage them for this reason FOODIESTRIP cannot assure that the User will be satisfied by their products or services which can be published or not on those sites or from their entrepreneurial modalities. In view of that it is advisable that the User makes all the verifications before starting any transaction with those subjects.
- Use of chat rooms, informative bulletins and other communications forumsThe site may allow its users to insert or post any material or reviews of their gastronomic and/or travel experiences, as well as posting messages or other communications in chat rooms, informative bulletins or other forums (“Message of the User”). If FOODIESTRIP provides for this type of service, the User expressly agrees to use it only to send Messages relevant to the subject of the Forum.
FOODIESTRIP does not control or curate the content of the User Messages posted or distributed on this Site, including those present in all the chat rooms, informative bulletins or other communications forums, and will not be responsible in any case for such User Messages and/or their partial or total content. Opinions and thoughts of the Users in Messages and/or Contents of the Site, of any kind, are solely and exclusively opinions and thoughts of the Users themselves and consequentially, NON RELATED in any way to FOODIESTRIP, its employees, contributors or managers. FOODIESTRIP however, reserves the right to remove, at its sole discretion and without prior notice, User Messages and / or contents of the Site, partially or totally.
The table below is a list, to be understood as illustrative and not exhaustive, of the types of User Messages to be considered illegal or otherwise prohibited by the Site. FOODIESTRIP reserves the right to modify at any time the contents of that list, at its discretion, as well as to carry out investigations and bring legal action against those who violate these provisions, including but not limited to, the removal of an offensive word and interdiction of the use of the Site at the person responsible for such violations. The list includes User Messages that:
– are obviously offensive to the community, such as communications that promote racism, bigotry, hatred or even physical violence against any group or individual;
– harass or advocate harassment of another person;
– constitute the transmission of advertising mailing, chain letter not requested mail or spam;
– are defamatory or libellous;
– promote knowingly false or misleading information or promotes illegal activities or threatening, obscene or abusive conduct;
– promote or contain an illegal and unauthorized copy of the work of other persons protected by copyright, such as providing pirated computer programs or links to them, providing information to circumvent protection systems of computer programs, or providing pirated music or links to pirated music files;
– contain pages whose access is limited or only possible through the use of passwords, or hidden pages or images (those not linked to or from another accessible page);
– provide instructional information about illegal activities such as making or buying illegal weapons, violating the right to privacy of others, or providing or creating computer viruses;
– constitute or encourage conduct that would be considered a criminal offense, or give rise to civil liability, or otherwise be contrary to the law or infringe the rights of any other person in any country of the world;
– constitute engagement in commercial activities and / or sales without the prior written consent of FOODIESTRIP such as contests, sweepstakes, barter, advertising and pyramid schemes;
By publishing and distributing User Messages on the Site, the User explicitly attributes to FOODIESTRIP and its associated, without possibility of withdrawal, the right to make these User Messages available to be read, copied, published, translated and distributed freely in any medium and in any form, including advertising and promotional activities of third parties without the User permission. The User agrees not to post or distribute any content or material covered by copyright without the express consent of the owner of the right itself, and agree to indemnify FOODIESTRIP from any legal action arising out of or related to violations itself attributable to that provision.
- Notice and Take-Down Policy for illegal content
FOODIESTRIP uses a notice and take-down of Messages, contents and/or profile procedures. If the User has any objections or complaints to material or the Content of the Site, including User Messages posted on this Website, or the User believes that material and content posted on this Website infringes a copyright that the User hold, please contact us immediately by email [email protected]. If the procedure has been followed in a proper and correct way, FOODIESTRIP will make all reasonable endeavours to remove illegal content within a reasonable time. WARNING: Statements that are true or that reflect an honest opinion (e.g. negative review) are not usually themselves a basis for defamation. Users should carefully consider the facts before you make a claim and if in doubt take legal advice, as a false claim may expose you to liability.
Any statement the User makes may be used in court proceedings. Any false, misleading or inaccurate information provided by you may result in civil and criminal liability.
- Pages of the Users so called “Owners”
FOODIESTRIP, besides the use of its own contents, allows users owner and/or managing a business or other activities to claim the ownership of the page of the business itself in the Site or, in case the business is not on the site, ask for the inclusion and the ownership in order to give them the possibility to manage the contents and using additional services, either for free or with paid subscription (and the concerning conditions and information have been published). FOODIESTRIP reserves the right to ask for the certification of the real ownership of the request in any way and time. To do that FOODIESTRIP has the authorisation to ask for documents and/or use proper tool provided by the law (databases, requests to responsible authorities, etc.) that can prove the real ownership.
In the event that the User is recognised as Owner and has the ownership of the page relating to its own business and in case the User activated the Owner services which can be available free of charge or with paid subscription, it is agreed as follows:
– The Pages are special profiles which can be only used to promote a business or other organizations or commercial, political, charitable initiatives (including no-profit organizations, political campaign, bands or celebrities);
– The User can only manage one Page if he/she is the authorized representative of the (object) of the Page;
– All contents published on the Pages will be available to all users of Services;
– The User could not view any Contents of the Page which is an advertisement or could be seen as an advertisement;
– The User cannot establish any conditions other than those fixed by in these Terms and Conditions to control the use of the managed page;
– The Page shall not be mainly or substantially used to promote or advertise alcoholic products or tobacco, firearms or other products or services that cannot be legally purchased or used by minors;
– The User will not address its own Page, or any content of the Page, to children or subject under 18 years old or under the legal age of majority fixed by local and national laws of the community/ region/ state/ nation where he/she uses to live (or from he/she access the Site);
– The User will not use misleading actions to convince users to “like” the Page;
– The User is responsible for its own Page, including any posted Contents, and has to respect the laws, rules and regulations and these Terms and Conditions and any rules about advertisement, marketing, privacy or other self-regulation rules applicable to the sector.
- Card Services
- Governing Law and Jurisdiction
The Site (excluding links to third party sites) is under the control of FOODIESTRIP, and is run by FOODIESTRIP LLC, from its offices located in Italy. By accessing the Site, using or publishing on it, the User and FOODIESTRIP expressly agree that all disputes, lawsuits, or other matters coming from or related to use of this Website shall be subject to the Italian Law without any application of principles of private international law provided for therein. Moreover, the User agrees that any action against FOODIESTRIP, arising out of or related to use of this Site, is attributed to the jurisdiction of the competent Court in Italy. This clause will not apply in the event that the applicable law of the country of residence of the User provides for the application of a law other than the devolution of disputes or any other jurisdiction, and this is not derogated by negotiation.
- Modification of terms and conditions
FOODIESTRIP reserves the right to modify or discontinue, temporarily or permanently, any provided services with or without prior notice at any time including the availability of every contents, database or articles. FOODIESTRIP can also impose limitations on certain services or forbid the access to Users at the whole Site or some parts of it , or also any other FOODIESTRIP’s Site, without prior notice for technical or security reason in order to prevent not authorised accesses at the Site, the loss or the destruction of data, or if it deems, at its incontestable discretion, that there is the violation of one of those Conditions of use or any other laws or regulations or just when FOODIESTRIP decides to end a service.
THE CONTINUED USE OF THE SITE IN THIS MOMENT OR FOLLOWING THE SEND OF NOTICES CONCERNING CHANGES, WILL INDICATE ACCEPTANCE BY THE USER OF SUCH CHANGES.
The Site in its entirety or its partial Contents, can be reached, visualized and used even through mobile devices such as smartphones, tablet, notebook, etc. In order to provide its services FOODIESTRIP can realize and make available one or more mobile applications (“App”).
- General Clauses
In case a part of these Conditions has been declared invalid or ineffective according to the applicable law, included, for example, the Disclaimer of Warranties and Limitation of Liability we talked before, so the invalid or ineffective clause will be considered replaced by another valid and effective clause in accordance with the will of the parties as stated in the original clause ans the remaining conditions will be considered still effective. FOODIESTRIP can distribute, transfer, confer rights and obligations provided by these Conditions of use, this is not possible for the User. The User agrees that no employment, agency relationship, or joint venture or partnership exists between the User and FOODIESTRIP as result of these Conditions.
These Conditions are always available in Italian. In case FOODIESTRIP thinks it is appropriate could decide to publish these Conditions also in the language of the Site but it is understood that if there are any problems and/or controversy only the terms of the Italian version shall prevail and remain the only valid. The Conditions agreed by each individual User are not stored. The Site is not updated on a regular basis, and therefore should not be registered as editorial product under the relevant law.
15 Sep 2017 / 19:09
This post is also available in: Italiano (Italian)