Foodim Terms of Use

Last updated 18th May 2018

These terms of use (“Terms”) apply to your use of the Foodim platform, whether accessed via the Foodim mobile application or via a website operated by us from time to time (the “Platform”). The Platform is made available by Foodim Limited, a company incorporated in England under company registration number 10375895, whose registered office is at 5 Elstree Gate, Elstree Way, Borehamwood, Hertfordshire, WD6 1JD (“we” or “us”), and by accessing, browsing, registering with and using the Platform you confirm that you have understood and agree to these Terms in their entirety. These Terms form a binding legal agreement between you, as a user of the Platform, and us.

Please read these Terms (and our Privacy & Cookie Notice), which form part of these Terms and includes our use of cookies) carefully before you start to use the Platform, as these Terms will apply to your use of the Platform. If you do not agree to these Terms in their entirety you should not use the Platform.

Your Account

To register with the Platform you must be at least 13 years old. If you are 17 or under, please get your parent or guardian's consent before registering.

If you create a profile to register an account with the Platform (your "Account") you may comment on, and post content to the Platform. You must provide true, accurate, current and complete information about yourself as requested in the registration form. You must not seek to pass yourself off as another user or organisation. Access to your Account is controlled by username and password.

Your username and password are personal to you as an individual registered user, and shall not be used by anyone else for any purpose in connection with the Platform. You must not do anything that would assist anyone who is not registered to gain access to your Account.

You must not maliciously create additional Accounts for the purpose of abusing the functionality of the Platform, or other users.

You may terminate your Account with us at any time by

Material submitted by you

By submitting material using the Platform, you agree that such material may be distributed, reproduced, modified, transmitted, re-used, re-posted or used for commercial purposes by third parties in accordance with these Terms.

We do not claim ownership of any material submitted by you using the Platform, whether in the form of photographs, comments or other content (“User Content”), and you retain all of your ownership rights in your User Content. However, in submitting any User Content to us via or in connection with the Platform, you grant to us a non-exclusive, royalty-free, transferable and worldwide right (but not an obligation) to use your User Content on our websites (including our social media pages), on the Platform and in other promotional materials. You further grant to other users of the Platform a non-exclusive, royalty-free, transferable and worldwide right (but not an obligation) to use your User Content on the Platform and on their websites (including their social media pages) and in other promotional materials. Your User Content will be treated as non-confidential and non-proprietary, and by submitting any User Content to the Platform, you agree to waive and not to enforce any moral or analogous rights you may have in that User Content, to the extent permitted by law.

Where your User Content includes a comment, we may use and publish your username, and the date of your comment in connection with your profile. Any personal information you submit to us will be treated in accordance with our Privacy & Cookie Notice.

You agree not to submit any User Content protected by any third party’s copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right.

You confirm that your User Content:

(a) does not contain or condone sexually explicit material or violence, or condone discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

(b) is not threatening, abusive or intimidating, or provided with an intent to harass, upset, alarm or embarrass any other person or cause needless anxiety;

(c) does not infringe anyone else’s rights, including any intellectual property rights or right of confidentiality or privacy;

We built Foodim so that food lovers have a welcoming place to share what they are cooking, eating, and enjoying. We may monitor, edit or remove any User Content for breach of the letter or spirit of these Terms, or for any other lawful reason. However, we have no obligation to look for, edit or remove any User Content for any reason including, without limitation, breach of these Terms. We reserve the right to remove any User Content at any time for any reason, at our sole discretion.

The views expressed in User Content are the opinions of those users and do not represent our views, opinions, beliefs or values. We will not be responsible for the content or accuracy of any User Content.

If you choose to do so, you may use the Platform to add your User Content to a feed on third party social networking websites. The Platform may also automatically update your profile on such websites with details of your activities using the Platform (such as when you upload User Content), where you have agreed for it to do so by adjusting your Account settings. Adding content or updating your profile on third party social networking websites will involve placing cookies on your device (please see our Privacy & Cookie Notice for more details). You can change your preferences with regard to feeds into third party social network websites at any time by changing your Account settings in the Platform. Please note that when content is added to a third party social networking site using the Platform, then the terms and conditions governing the use of that site may also apply to that content, in addition to these Terms.

Take Down Procedure

We are not liable for any User Content available on the Platform. Where you have a good reason to believe that any User Content is in breach of these Terms, is infringing your rights, or is otherwise illegal, you should notify us by tapping on the “Report ” button. Go to the post you want to report, tap on the image, tap on the “•••” icon in the top right of the screen, then tap on “Report”.

Where we receive notification that Content does not comply with these Terms, we will endeavour to investigate promptly. Whilst we are investigating, we reserve the right to remove the affected User Content immediately from the Platform.

If you wish to take down any of your User Content from the Platform at any time, you can delete your posts and their data from the Foodim app - Go to the post you want to delete, tap on the image, tap on the “•••” icon in the top right of the screen, then tap on “Delete”. [also] notify us by emailing us at data@foodim.com setting out details of the Content you wish to be taken down and where it can be found (“Notified Content”). We will endeavour to respond promptly and to take down the Notified Content from the Platform. Please note that once you have posted User Content, it may be shared and re-posted by users on other websites (such as social media channels). Given the nature of the internet and social media channels, if your User Content has been posted elsewhere online, other users may have shared, commented on, or re-posted your Content. Whilst we will endeavour to take down any Notified Content from the Platform, we give no guarantee that the Notified Content will be taken down from other websites or platforms.

Your Use of the Platform

We grant you a personal, non-exclusive, non-transferable, revocable, right to use the Platform and all content, functionality and features on it (the “Materials”) for your own lawful use, provided always that such use is subject to, and in accordance with, these Terms, including the licences set out in the ‘Materials submitted by you’ section above. The Platform and the Materials are made available to you on a limited licence basis, and all rights and title in and to the Platform and Materials not expressly granted under these Terms are expressly reserved to us and/or the applicable licensor.

You must not remove or alter any copyright and other proprietary notices contained within the Platform or any of its Materials.

If you fail to comply with any term of these Terms, we may (without prejudice to any other rights we may have) suspend provision of the Platform or any applicable Account provided by us to you and/or terminate it immediately. We will try to give you reasonable notice of such suspension or termination, but you acknowledge that this may not always be possible. We reserve the right to disclose such information to law enforcement authorities as we reasonably consider necessary, and to take any other action we reasonably deem appropriate. We exclude liability for actions taken in response to breaches of these Terms.

We do not guarantee that the Platform, or the Materials will always be available or be uninterrupted. Access to the Platform is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or part of the Platform without notice. We will not be liable to you if for any reason the Platform is unavailable at any time or for any period.

You shall compensate and keep us and our respective directors, officers, employees and third parties fully protected against all claims, liabilities, costs, damages and expenses (including legal fees) incurred by us arising out of and/or related to or in connection with your User Content, and/or any breach by you of any of these Terms, including any use of the Platform other than in accordance with these Terms.

Privacy & Cookie Notice

In using the Platform, you may be asked to provide personal information about yourself. This information includes your username and email address, in order to register an Account and use the features of the Platform, including posting comments and photographs.

Our Privacy & Cookie Notice sets out important information on how we collect, use, disclose and manage that personal information. Please read it carefully.

Liability

The Platform and Materials are provided "as is" and without warranties or representations of any kind either expressed or implied. To the greatest extent permitted by law, we disclaim all warranties of satisfactory quality and fitness for a particular purpose, that content or information displayed in or on the Platform is accurate, complete up-to-date and/or does not infringe the rights of any third party. Unless expressly stated otherwise in these Terms and to the extent permitted by law, we do not give any other representation, warranty or recourse, express or implied and we exclude all terms, representations and warranties that might otherwise be implied into this Terms.

To the fullest extent possible under applicable law, in no event shall we be liable to you with respect to use of the Platform and/or be liable to you for any direct, indirect, special or consequential loss or damages, including without limitation damages for loss of goodwill, lost profits, or loss, theft or corruption of your information, the inability to use the Platform, or device failure or malfunction. We shall not be liable even if we have been advised, are, or should otherwise reasonably have been aware of the possibility of such damages, including without limitation damages caused by error, omission, interruption, defect, failure of performance, unauthorised use, delay in operation or transmission, connectivity failure, computer virus or any other harm.

In the event that applicable law does not allow the exclusion of certain promises and/or the exclusion of liability for direct, indirect, consequential or other damages, in no event shall our liability arising under or in connection with these Terms and your use of the Platform exceed £100.

We do not exclude our liability (if any) to you for personal injury or death resulting from our negligence; fraud or fraudulent misrepresentation; or any matter for which it would be illegal for us to exclude or to attempt to exclude our liability. If any provision of these Terms of Service is found to be invalid for any reason, the invalidity of that provision will not affect the remaining provisions of these Terms, which shall remain in full force and effect.

While we use reasonable efforts to ensure that the Platform is free from viruses and other malicious content, neither we nor any other party involved in producing or delivering the Platform assumes any responsibility, nor shall be liable for any damage to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, the Platform or your downloading of any materials, data, text, images, video or audio from the Platform (including without limitation the Materials). Except where required by applicable law, we shall not be liable to any person for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via the Platform.

We assume no responsibility for the content of websites linked on the Platform. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Changes

We reserve the right to make changes to these Terms, or to the functionality, features, or content of the Platform at any time. Changes to these Terms will be posted on this webpage. Please be sure to visit it regularly, as these changes will be binding on you.

Third Party Rights

These Terms are personal to you and us and may not be enforced by any third party, whether pursuant to the Contracts (rights of Third Parties) Act 1999 or otherwise.

Governing Law and Jurisdiction

These Terms shall be governed by the laws of England and Wales and any matter or dispute arising in connection with them or in connection with the Platform shall be subject to the exclusive jurisdiction of the courts of England and Wales. All contracts formed by these Terms shall be construed in English.

You are responsible for compliance with applicable local laws relating to the use of or otherwise connected with the Platform. To the extent that the Platform or any activity contemplated by it would infringe any law of a jurisdiction other than England and Wales, then you are prohibited from such access or use of the Platform or any attempt to carry on any such offending activity and this provision shall override all other provisions of these Terms.