Welcome to Fooducopia Inc. The
following describes the terms on which Fooducopia Inc. offers you access
to our services.
Introduction
By using the services on the
Fooducopia.com, you are agreeing to the following terms and conditions.
Before you may become a member of Fooducopia.com, you must read and
accept all of the terms and conditions in this User Agreement and the
Privacy Policy. This Agreement is effective on December 18th,
2008 for all users of
www.Fooucopia.com.
Using Fooducopia
While using Fooducopia, you
will not: break any city, county, state, or federal laws pertaining to
the production, sale, and distribution of any or all food products that
you produce or distribute; sell any alcohol; sell any food product
without first acquiring the necessary city, county, state, or federal
permits or licenses required in order for you to sell and distribute the
food products in question to the public; advertise, spam, post, or refer
anyone be they buyer or seller to a link for an external website; post
content or items in an inappropriate category or areas on our sites and
services; violate any state or local laws, third party rights, or our
policies that pertain to the prohibited and restricted items; use our
site or services if you are not able to form legally binding contracts,
are under the age of 18, or are temporarily or indefinitely suspended
from Fooducopia.com; fail to deliver payment for items purchased by you,
unless the seller has made a clear typographical error; fail to ship or
deliver items purchased from you, unless you cannot authenticate the
buyer's identity or location; manipulate the price of any item or
interfere with other user's listings; circumvent or manipulate our fee
structure, the billing process, or fees owed to Fooducopia; post false,
inaccurate, misleading, defamatory, or libelous content (including
personal information); take any action that may undermine the feedback
or ratings systems (such as displaying, importing or exporting feedback
information off of the sites or using it for purposes unrelated to
Fooducopia); transfer your Fooducopia account (including feedback) and
User ID to another party without Fooducopia Inc.'s consent; distribute
or post spam, chain letters, or pyramid schemes; distribute viruses or
any other technologies that may harm Fooducopia, or the interests or
property of Fooducopia users; copy, modify, or distribute content from
the Sites and Fooducopia's copyrights and trademarks; or harvest or
otherwise collect information about users, including email addresses,
without their consent. Fooducopia reserves the right to undisputedly
decide who may become a seller and what products they may sell on this
website.
Abusing Fooducopia
Fooducopia and the Community
work together to keep our site and services working properly and the
Community safe. Please report problems, offensive content, and policy
violations to us. Fooducopia works to ensure that listed items do not
infringe upon the copyright, trademark or other rights of third parties.
If you believe that your rights have been violated, please notify us of
this by using the Contact Us page.
Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for 6 months or longer.
Fees and Services
Every seller agrees to pay any
and all fees incurred by listing or selling products on www.Fooducopia.com. All
fees are quoted in U.S. Dollars. At any time Fooducopia Inc. reserves
the right to change the fee structure for Fooducopia.com.Any changes
made to policies concerning the fees on Fooducopia.com are effective
immediately after they are posted on Fooducopia.com. Each seller
is solely responsible for paying all city, county, state, and federal
taxes with respects to any sales transactions they were party to on
www.Fooducopia.com. If
your payment method fails or your account is past due, we may collect
fees owed to Fooducpia Inc. using other collection mechanisms, we may
also close your account, and or retain legal counsel. The seller agrees
and acknowledges that they will pay all legal fees incurred by
Fooducopia Inc. through the collection process of fees owed by seller to
Fooducopia Inc.
Shipping and Policy
Each seller is solely
responsible for the distribution of any number of products that was
purchased from them on Fooducopia.com.
Credit Card Validity
If your credit card is not
valid or has expired Fooducopia reserves the right to terminate or
deactivate your account.
Refund Policy
Between Fooducopia and
Sellers: Fooducopia charges fees to the Seller for listing and
selling items on Fooducopia. Fooducopia will not refund any fees that
may be charged as a result of the seller listing or selling an item on
this website. In the instance that a buyer is not pleased with an item
and the seller is required to refund the money to the buyer, Fooducopia
will not refund the transaction fee to the seller.
Between Buyers and Sellers:
Fooducopia will not participate in any refunds that occur between
buyer and seller. When a seller decides to make a refund to the buyer,
Fooducopia recommends that each party speak directly with the other in
order to arrange the best method for granting a refund. In most cases,
refunds between buyer and seller can be issued using the same payment
method the buyer used to purchase the item in the first place. However,
buyers and sellers should work together to determine the best refund
method for a particular situation
Content
When you post content on
Fooducopia.com, you grant us a non-exclusive, worldwide, perpetual,
irrevocable, royalty-free, sub licensable right to exercise the
copyright, trademark, publicity, and database rights you have in either
the content or any media posted on Fooducopia.com known now or in the
future.
Liability
You will not hold Fooducopia
responsible for other users' content, actions or inactions, or items
they list. You acknowledge that we are not a traditional market place.
Instead, the sites within Fooducopia are a venue to allow anyone with
Fooducopia's discretion to offer, sell, and buy just about any food
item, at anytime, from anywhere, and from any store within this website.
We are not involved in the actual transaction between buyers and
sellers. We have no control over and do not guarantee the quality,
safety or legality of items advertised, the truth or accuracy of users'
content or listings, the ability of sellers to sell items, the ability
of buyers to pay for items, or that a buyer or seller will actually
complete a transaction. We do not transfer legal ownership of items from
the seller to the buyer. The legal ownership of items transfers
directly from the seller to the buyer and not through Fooducopia.
Further, we cannot guarantee continuous and secure access to our
services. Fooducopia Inc. cannot guarantee that the operation of
Fooducopia.com won't be interfered with by numerous factors outside of
our control. Accordingly, to the extent legally permitted, we exclude
all implied warranties, terms and conditions. We are not liable for any
loss of money, goodwill, or reputation, or any special, indirect, or
consequential damages arising out of your use of our sites and services.
Some jurisdictions do not allow the disclaimer of warranties or
exclusion of damages, so such disclaimers and exclusions may not apply
to you.
Release
If you have a dispute with one
or more users, you release us (and our officers, directors, agents,
subsidiaries, joint ventures and employees) from claims, demands and
damages (actual and consequential) of every kind and nature, known and
unknown, arising out of or in any way connected with such disputes.
Access and Interference
Much of the information on the
sites is updated on a real-time basis and is proprietary or is licensed
to Fooducopia Inc. by our users or third parties. You agree that you
will not use any robot, spider, scraper or other automated means to
access Fooducopia.com for any purpose without our express written
permission.
Additionally, you agree that
you will not: take any action that imposes or may impose (in our sole
discretion) an unreasonable or disproportionately large load on our
infrastructure; copy, reproduce, modify, create derivative works from,
distribute, or publicly display any content (except for Your
Information) from the sites without the prior expressed written
permission of Fooducopia Inc. and the appropriate third party, as
applicable; interfere or attempt to interfere with the proper working of
the sites or any activities conducted on the sites; or bypass measures
we may use to prevent or restrict access to the sites.
Privacy
We do not sell or rent your
personal information to third parties for their marketing purposes
without your explicit consent. We use your information only as described
in the Fooducopia Privacy policy. We view protection of users' privacy
as a very important community principle. We store and process your
information on computers located in the United States that are protected
by physical as well as technological security devices. You can access
and modify the information you provide us and choose not to receive
certain communications by signing-in to your account. We use third
parties to verify and certify our privacy principles. For a complete
description of how we use and protect your personal information, see the
Fooducopia Privacy Policy. If you object to your Information being
transferred or used in this way please do not use our services.
Indemnity
You will indemnify and hold us
(and our officers, directors, agents, subsidiaries, joint ventures and
employees), harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of your
breach of this Agreement, or your violation of any law or the rights of
a third party.
No Agency
No agency, partnership, joint
venture, employee-employer or franchiser-franchisee relationship is
intended or created by this Agreement.
Notices
Except as explicitly stated
otherwise, legal notices shall be served to Fooducopia Inc.'s national
registered agent or to the email address you provide to Fooducopia.com
during the registration process (in your case). Notice shall be deemed
given 24 hours after email is sent, unless the sending party is notified
that the email address is invalid. Alternatively, we may give you legal
notice by mail to the address provided during the registration process.
In such case, notice shall be deemed given three days after the date of
mailing.
Resolution of Disputes
If a dispute arises between you
and Fooducopia Inc., our goal is to provide you with a neutral and cost
effective means of resolving the dispute quickly. Accordingly, you and
Fooducopia agree that we will resolve any claim or controversy at law or
equity that arises out of this Agreement or our services (a "Claim") in
accordance with one of the subsections below or as we and you otherwise
agree in writing. Before resorting to these alternatives, we strongly
encourage you to first contact us directly to seek a resolution by
contacting us through our contact us page. We will consider reasonable
requests to resolve the dispute through alternative dispute resolution
procedures, such as mediation or arbitration, as alternatives to
litigation.
General
Fooducopia Inc. is located at
8238 N New England Ave. Niles, IL. 60714. If any provision of this
Agreement is held to be invalid or unenforceable, such provision shall
be struck and the remaining provisions shall be enforced. In our sole
discretion, we may assign this Agreement in accordance with the Notices
Section. Headings are for reference purposes only and do not limit the
scope or extent of such section. Our failure to act with respect to a
breach by you or others does not waive our right to act with respect to
subsequent or similar breaches. We do not guarantee we will take action
against all breaches of this
Copyright
All content included on this
site, such as text, graphics, logos, button icons, images, audio clips,
digital downloads, data compilations, and software, is the property of
Fooducopia Inc. or its content suppliers and protected by United States
and international copyright laws. The compilation of all content on this
site is the exclusive property of Fooducopia Inc. and is protected by
U.S. and international copyright laws. All software used on this site is
the property of Fooducopia Inc. or its software suppliers and protected
by United States and international copyright laws.
Trademarks
All Fooducopia.com graphics,
logos, page headers, button icons, scripts, and service names are
trademarks, registered trademarks or trade dress of Fooducopia Inc. in
the United States of America and/or other countries. Fooducopia's
trademarks and trade dress may not be used in connection with any
product or service that is does not belong to Fooducopia Inc., in any
manner that is likely to cause confusion among customers or in any
manner that disparages or discredits Fooducopia Inc. All other
trademarks not owned by Fooducopia Inc. that appear on this site are the
property of their respective owners, who may or may not be affiliated
with, connected to, or sponsored by Fooducopia Inc.
Agreement
We may amend this Agreement at
any time by posting the amended terms on this site. Except as stated
elsewhere, all amended terms shall automatically be effective when they
are posted.
Disclaimer: While we work to ensure that product information is correct, on occasion manufacturers may alter their ingredient lists. Actual product packaging and materials may contain more and/or different information than that shown on our Web site. We recommend that you do not solely rely on the information presented and that you always read labels, warnings, and directions before using or consuming a product. For additional information about a product, please contact the manufacturer. Content on this site is for reference purposes and is not intended to substitute for advice given by a physician, pharmacist, or other licensed health-care professional. You should not use this information as self-diagnosis or for treating a health problem or disease. Contact your health-care provider immediately if you suspect that you have a medical problem. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition. Fooducopia assumes no liability for inaccuracies or misstatements about products.