Foodgeeks Terms of Use

The following terms and conditions apply to any use of the Foodgeeks Technology LLC network of websites and services, including Foodgeeks, Winegeeks, Beergeeks, and Tummy, hereafter collectively known as Foodgeeks.

Effective Date

The Foodgeeks Terms of Use were last updated on March 11, 2016.

Acceptance of Foodgeeks Terms

By using Foodgeeks you are agreeing to be bound by the following terms and conditions ("Terms of Service"). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.

Foodgeeks reserves the right to update these Terms of Use at any time effective upon its publishing at http://www.foodgeeks.com/terms. It is your obligation to periodically review these Terms of Use. Your continued use of Foodgeeks constitutes your acceptance of the current version of these Terms of Use. The effective date of these Terms of Use will always be published at the top of this document.

Violation of any of the terms below will result in the termination of your Account. While Foodgeeks prohibits such conduct and content on Foodgeeks, you understand and agree that Foodgeeks cannot be responsible for the content posted on Foodgeeks and you nonetheless may be exposed to such materials. You agree to use Foodgeeks at your own risk.

Account Terms

1. You must be 18 years or older to use Foodgeeks and Tummy. You must be of legal drinking age in your country in order to access or use Winegeeks or Beergeeks.

2. You must provide your name, a valid email address, and any other information requested in order to complete the signup process.

3. Your log in credentials may only be used by one person - a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows.

4. You are responsible for maintaining the security of your account and password. Foodgeeks can not and will not be liable for any loss or damage from your failure to comply with this security obligation.

5. You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have accounts under your account).

6. One person or legal entity may not maintain more than one free account.

7. You agree not to use Foodgeeks to:

  • upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  • upload, post, transmit, share, store or otherwise make publicly available on Foodgeeks any private information of any third party, including addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  • use or attempt to use another's account, service or system without authorization from Foodgeeks, or create a false identity on Foodgeeks;
  • intimidate or harass another;
  • engage in any predatory or stalking conduct;
  • violate any local, state, national or international law or post any content that would encourage or provide instructions for a criminal offense;
  • post or share any content that infringes upon or violates the copyright, trademarks or other rights of any third party.

Payment Terms

1. All Tummy paid plans must enter a valid payment account. An account is required to provide payment account information.

2. For Tummy monthly payment plans, Foodgeeks will bill you in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade / downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.

3. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.

4. For any upgrade or downgrade in plan level while on a monthly billing cycle, the credit card that you provided will automatically be charged the new rate on your next billing cycle. For upgrades or downgrades while on a yearly plan, Foodgeeks will immediately charge or refund the difference in plan cost, prorated for the remaining time in your yearly billing cycle.

5. Downgrading your plan may cause the loss of features, or capacity of your account. Foodgeeks does not accept any liability for such loss.

Cancellation and Termination

1. You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You may cancel your account at any time by clicking on your Account Profile, and clicking the Delete button at the bottom of the page.

2. All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.

3. If you cancel your Tummy payment plan the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.

4. Foodgeeks, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of Foodgeeks, or any other Foodgeeks service, for any reason at any time. Such termination of Foodgeeks will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. Foodgeeks reserves the right to refuse service to anyone for any reason at any time.

5. In the event that Foodgeeks takes action to suspend or terminate an account, we will make a reasonable effort to provide the affected account owner with a copy of their account contents upon request, unless the account was suspended or terminated due to unlawful conduct.

Copyright and Content Ownership

1. Foodgeeks Technology, LLC. claims no intellectual property rights over the material provided by account holders through Foodgeeks.

2. Any public profile information, such username, first name, last name, website address, “about me” information, and home city, state and country, any recipes your submit to Foodgeeks and any comments and ratings you add to recipes on Foodgeeks will always be publicly available.

3. Any personal information submitted to Tummy, such as meals consumed, meal items consumed, symptoms logged and measurements logged, and any data related to said items will not be made publicly available. The only person that is allowed to view that information, and to comment on that information, is the health professional who invited you to use Tummy.

4. Foodgeeks Technology, LLC. reserves the right to display advertisements on Foodgeeks, and to use your any recipes and recipe photos you submit for advertising and promotional purposes.

5. Foodgeeks does not pre-screen content, but Foodgeeks has the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via Foodgeeks.

6. It is Foodgeeks' policy to respond to claims of copyright and intellectual property infringement, and will take appropriate action under the Digital Millennium Copyright Act ("DMCA"). Notifying Foodgeeks of Copyright Infringement: To provide Foodgeeks notice of an infringement, you must send an email to abuse@foodgeeks.com containing the subject line "DMCA Infringement Notification" that sets forth the information specified by the DMCA at http://www.copyright.gov/title17/92chap5.html#512. Upon receipt of notifications complying with the DMCA, Foodgeeks will remove the related material or disable access to the related material. Foodgeeks will terminate the accounts of people who are repeat copyright infringers.

Indemnity

You agree to indemnify and hold harmless Foodgeeks and its subsidiaries, affiliates, officers, partners and employees, from any claim or demand, including attorneys' fees, made by any third party due to or arising out of your use of and access to Foodgeeks, your violation of these Terms of Use, the Community Guidelines, your violation of any rights of another person or entity, or your violation of any applicable laws or regulations.

Foodgeeks does not and can not make any health claims other than to provide you with data about how food might be affecting your body based on the data you provide to Foodgeeks. Please consult with your health professional about interpreting this data, about your diet, about making any changes in your diet, and about ensuring that the food you consume is right for your body.

General Conditions

1. Your use of Foodgeeks is at your sole risk. The service is provided on an "as is" and "as available" basis.

2. Support for Foodgeeks services is only available in English, via email.

3. You understand that Foodgeeks uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run Foodgeeks.

4. You must not modify, adapt or hack Foodgeeks or modify another website so as to falsely imply that it is associated with Foodgeeks, or any other Foodgeeks service.

5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of Foodgeeks, use of Foodgeeks, or access to Foodgeeks without the express written permission by Foodgeeks.

6. We may, but have no obligation to, remove content and accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Foodgeeks customer, employee, member, or officer will result in immediate account termination.

8. Foodgeeks does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.

9. You expressly understand and agree that Foodgeeks shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for health, medical bills, loss of profits, goodwill, use, data or other intangible losses (even if Foodgeeks has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third-party on the service; (v) or any other matter relating to the service.

10. The failure of Foodgeeks to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. The Terms of Use constitutes the entire agreement between you and Foodgeeks and govern your use of the Service, superseding any prior agreements between you and Foodgeeks (including, but not limited to, any prior versions of the Terms of Use). You agree that these Terms of Use and Your use of the Foodgeeks are governed under Oregon law.

Questions

Any questions about the Foodgeeks Terms of Use should be addressed to support@foodgeeks.com