See related: Flavor & The Menu (F&TM) Privacy Policy

Introduction; Consent to Terms

Please read these Terms of Use before using Flavor-Online.com, FlavorAndTheMenu.com, F&TM’s mobile sites, any other F&TM’s sites, applications or services, or any features of these sites, applications and services, including, but not limited to, the F&TM’s eBook, Content Feeds, API Content, and social networking features, called henceforth “F&TM Services”. By using the F&TM Services, you agree to be bound by these Terms of Use and the Privacy Policy. If you do not agree to these Terms of Use and the Privacy Policy, please exit the F&TM services and do not use the F&TM Services or any of their features. We reserve the right, at our discretion, to modify, add or delete portions of these terms at any time by posting updated Terms of Use and/or an updated Privacy Policy on the F&TM Services. Please check these Terms of Use and the Privacy Policy frequently for updates. Any modifications, additions or deletions to these Terms of Use or the Privacy Policy shall be effective immediately upon posting. Your continued use of the F&TM Services following the posting of updated Terms of Use or an updated Privacy Policy will mean that you agree to those changes.

Please note that these Terms of Use and the Privacy Policy are separate and distinct from the terms of use and privacy policies governing the web sites, applications and services of F&TM’s member services, and other web sites, applications and services that may link to or from the F&TM Services.

Copyrights

The contents of the F&TM Services are protected by U.S. and international copyright laws. The contents of the F&TM Services are owned by or licensed to F&TM and other producers or providers of content to F&TM (“Content Providers”). In the case of User Materials (as defined in the “User Materials” section below), the contents are licensed to F&TM by the user. You may not reproduce, distribute, republish, upload, transmit, display, prepare derivative works of, publicly perform, sell, transfer, assign, license or use for commercial purposes any copyrighted material on the F&TM Services without the prior written consent of F&TM, except as provided below. All rights not expressly granted in these Terms of Use are reserved to F&TM. You may copy, download one copy on a single computer, and print a limited amount of content, for your personal, non-commercial use only, provided that (a) you include without modification all copyright and other proprietary notices contained in the content, (b) you do not modify the content, (c) you do not use the content in a manner that suggests F&TM promotes or endorses your, or any third party’s, causes, ideas, web sites, products or services, and (d) you do not use the content in any way that is unlawful or harmful to any other person or entity. In addition, you may use widgets and tools on the F&TM Services that allow selected User Materials to appear on your personal, noncommercial web site, weblog or other application, subject to the conditions in the preceding sentence.

No quotes from any material on the F&TM Services may be used in any media without attribution to F&TM. You may use the Content Feeds, API Content and other features of the F&TM Services only as expressly permitted in the relevant paragraphs below in these Terms of Use.

Any other use of F&TM content requires prior written permission from F&TM. For permission requests, visit our permissions page.

Trademarks

F&TM logos and department names, and Content Provider names, logos and products names, are service marks of Flavor Unlimited, Inc. or the Content Providers. All rights are reserved by the respective owners. You may not use any F&TM-provided service marks, logos or graphics, without F&TM’s prior written consent, except that you shall have the right, and obligation, to use any F&TM or other Content Provider service mark or logo included in, or required to be used in connection with, API Content, Content Feeds or other functionalities of the F&TM Services, subject to the requirements set forth in these Terms of Use for the use of the API Content, Content Feeds or other functionalities of the F&TM Services.

User Materials

Through the F&TM Contact Us page, and through other features of the F&TM Services, users may post, upload, transmit and/or otherwise submit (“Submit”) comments, messages, other text, photos, images, story ideas, essays, and other content and materials, and make recommendations, on or through the F&TM Services (“User Materials”). You acknowledge that User Materials may be routed through our servers, the servers of one or more third parties on our behalf, and the Internet, and may be viewed by F&TM staff and on the F&TM Services by the general public. You acknowledge that the F&TM Services and other features of the F&TM Services, are for public and not private communications. We reserve the right to screen, refuse to post, remove or edit User Materials at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so. If we elect to screen User Materials, there may be a delay in the posting of such content to allow for a review process. If we have questions about your User Materials, we have the right, but not the duty, to contact you for further information, including, for example, to verify that you own the copyright or otherwise have the rights to post the User Materials.

You retain the copyright and other ownership rights in any User Materials that you submit on or through the F&TM Services. However, by submitting User Materials on or through the F&TM Services, you hereby grant F&TM and other Content Providers, and their respective licensees, a non-exclusive, perpetual, royalty-free, worldwide, transferable license to use, copy, sublicense, modify, transmit, publicly perform, display, create derivative works of, host, index, cache, tag, encode, and/or adapt your User Materials in any and all media formats or channels, whether now known or hereafter devised, including, but not limited to, the F&TM Services, third party licensee web sites, applications and services, in print, and other applications and services, without payment and without further consent or notice to you. You further grant F&TM, its Content Partners, and their licensees the right to contact you in connection with your User Materials and to use your name, city and state and other information that you have provided in connection with the User Materials.

In addition, you grant each user of the F&TM Services, F&TM Magazine, applications and services, and other Content Providers’ web sites, applications and services, a non-exclusive, royalty-free, worldwide license to access your User Materials on or through the F&TM Services and F&TM web sites, applications and services and other Content Providers’ web sites, applications and services, to use your User Materials pursuant to these Terms of Use and the terms of use of the magazine, and as permitted by the functionality of the F&TM Services and web sites, applications and services (such as through widgets and API Content distribution).

For any User Materials you Submit on or through the F&TM Services, you agree to abide by the “Rules of Use for the Service” set forth below, the Community Discussion Rules (for User Materials Submitted in response to an F&TM Blog or Article), and these Terms of Use. You further agree to the representations and warranties, and indemnification obligations, set forth in the “Representations; Indemnity” section below.

Framing

F&TM does not allow framing of the F&TM Services.

Links to the F&TM Services

F&TM encourages and permits links to content on the F&TM Services. However, the linking should not (a) suggest that F&TM promotes or endorses any third party’s causes, ideas, web sites, products or services, or (b) use F&TM content for inappropriate commercial purposes or in any way that is unlawful or harmful to any other person or entity. We reserve the right to withdraw permission for any link.

Links to Third Party Sites and Services

The F&TM Services contain links to Internet sites, applications and services maintained by third parties, over which F&TM has no control. F&TM does not endorse the content, operators, products or services of such sites, and F&TM is not responsible or liable for the content, operators, availability, accuracy, quality, advertising, products, services or other materials on or available from such sites. F&TM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on or through such sites.

In some cases, the F&TM Services may include certain embedded tools provided and controlled by third parties and governed by the terms and policies of the third parties. You should only use these third party tools if you agree to their respective terms and policies. The F&TM Services include a tool that allows you to sign in using information from your account with a third party service, such as Facebook, Twitter, Google, Yahoo, OpenID, or LinkedIn. Please be aware that those third party services are unrelated to F&TM, and that your use of the third party services is subject to the terms and policies of those services.

Content Feeds

F&TM provides Really Simple Syndication (RSS) Feeds at http://www.flavor-online.com/feed/, and provides or may provide other content feeds on or through the F&TM Services, consisting of a selection of headlines, summaries or text blurbs, and links to full stories, which are delivered to users using Really Simple Syndication technology, other XML (eXtensible Markup Language) technology, or other syndication technology (collectively, the “Content Feeds”). The Content Feeds are available for personal, noncommercial use or for noncommercial use on the web site, weblog or similar application of a NonProfit corporation which is exempt from federal income taxes under Section 501(c)(3) of the Internal Revenue Code and which is not a news, broadcast or multimedia organization (“501(c)(3) NonProfit Corporation”). You may display, excerpt from, and link to the Content Feeds on your personal web site, weblog, or similar application for personal, noncommercial purposes or on your 501(c)(3) NonProfit Corporation web site, weblog, or similar application for noncommercial purposes, provided that (a) the links redirect the user to the F&TM Services when the user clicks on them, (b) you do not insert any intermediate page, splash page or other content between the links and the applicable F&TM Services page, (c) the use or display does not suggest that F&TM promotes or endorses any third party causes, ideas, web sites, products or services, (d) the fundamental meaning of the content contained in the Content Feeds, including the headlines and summaries, is not changed or distorted, and (e) you do not modify the stories or other content that are linked to by the Content Feeds. If you display an entire Content Feed on your personal or 501(c)(3) NonProfit Corporation web site, weblog or similar application, (a) you may not redistribute the Content Feed, and (b) you must provide attribution to F&TM or the relevant Content Provider adjacent to the Content Feed, by including “F&TM News Headlines” or “F&TM” or the name of the relevant Content Provider in text adjacent to the Content Feed. Any other use of F&TM’s trademarks or service marks, the names or service marks of any Content Provider, or of the Content Feeds requires the prior written permission of F&TM. For permission requests, please visit our Contact Us page. For use of the stories or other content that are linked to by the Content Feeds, please see the Copyrights section of these Terms of Use.

F&TM may withdraw Content Feeds at any time. Upon the request of F&TM, you shall promptly cease all use of, and remove from your web site(s) or other platforms, any Content Feeds identified by F&TM.

API Content

F&TM enables users to access certain content, including text, images and other content on the F&TM Services and other Content Provider web sites, applications and services through an application programming interface (API). Content accessed through the API (“API Content”) is available to registered users only for personal, non-commercial use, or for noncommercial online use by a 501(c)(3) NonProfit Corporation.

If you have registered with F&TM, you may use the API Content for personal, non-commercial use, or for noncommercial online use by a 501(c)(3) NonProfit Corporation (which is not a multimedia organization), provided that (a) your use is for non-promotional, internet-based purposes only, including desktop gadgets, blog posts and widgets, but excluding e-newsletters; (b) all links to API Content redirect the user to the F&TM Services or other Content Provider web sites when the user clicks on them. (c) The date of all API Content is displayed with that content; (d) your use or display of API Content must not suggest that F&TM or any Content Provider promotes or endorses you or any third party or the causes, ideas, web sites, products or services of you or any third party; (e) you shall not modify any API content, headlines, links or metadata included in the API Content; (f) you shall not use the API Content in any way that changes or distorts the fundamental meaning of the content; (g) you may use only a limited amount of content from the API; you may not re-create the F&TM Services or any Content Provider web sites, or any portion thereof; (h) you may not insert any intermediate page, splash page or other content between the links and the applicable API Content source’s web page; and (i) you must provide attribution for the content source (F&TM or other Content Provider), by including “Flavor & The Menu” or the name of the relevant API Content source in text in connection with the API Content, and provide a link back to the API Content source’s web site. Any other use of F&TM’s trademarks or service marks, the names or service marks of any API Content source, or of the API Content requires the prior written permission of F&TM. For permission requests, please visit our Contact Us page.

F&TM may withdraw API Content from the API at any time. Upon the request of F&TM, you shall promptly cease all use of, and remove from your web site(s) or other platforms, any API Content identified by F&TM. F&TM reserves the right to include or apply sponsorship to any API Content and to track usage of the API Content.

F&TM Mobile Services

F&TM does not charge you for the use of its mobile sites and applications or any features of these sites, applications and services (“F&TM Mobile Services”). Please check your wireless plan, however, because your carrier’s per-minute, text messaging, and data or other charges may apply. You must provide at your own expense the equipment and connections needed for you to use the F&TM Mobile Services, and you are solely responsible for any costs you incur to access the F&TM Mobile Services. You should keep in mind that the use of the F&TM Mobile Services to send content to another person via e-mail or SMS (Short Message Service) or text message may result in wireless charges to both the sender and the receiver.

Rules for Use of the Service

By using the F&TM Services, including by registering for the F&TM Services, Submitting User Materials through the F&TM Blog, the Contact Us page or other means, using Content Feeds, API Content, or by using any other features of the F&TM Services, you agree to the following rules:

If you are under 13 years of age, please do not send any information about yourself, including your name, address or email address. If we discover that we have collected any personally-identifying information from a child under the age of 13, we will remove that information from our database as soon as possible.

You may not submit any User Materials anonymously or under a false name or a false e-mail address. You may not impersonate another user or provide any false information about yourself

You may not submit any User Materials or links to material that is libelous, defamatory, false, obscene, indecent, lewd, pornographic, violent, abusive, threatening, harassing, discriminatory, in violation of the law, harmful to children, in violation of third party privacy rights, or that constitutes hate speech or a personal attack

You may only submit User Materials for which you have the copyright or other necessary rights and permission to distribute electronically. You may not violate, plagiarize, or infringe on the rights of third parties, including copyright, patent, trademark, trade secret, privacy, personal, publicity, moral or proprietary rights. You promise and represent that you own or have all necessary rights and permissions to use, distribute and authorize F&TM and users of the F&TM Services (to the extent permitted by these Terms of Use) to use and distribute any User Materials

The F&TM Services can only be used for personal, non-commercial purposes. You cannot submit any material containing any solicitation of funds, advertising, promotion, solicitation for goods and services, or recruiting. You may not use the F&TM Services for political campaigning, recruiting votes, or soliciting support for legislative or other initiatives

You may not submit any software or other material which contains a virus, worm, Trojan horse or other harmful computer code, files, scripts, agents, programs or device. You may not use the F&TM Services to distribute chain letters, mass mailings, “spam,” or duplicative or unsolicited messages in violation of applicable laws, or to gather usernames and/or e-mail addresses for the purpose of sending unsolicited email or other communications to other users of the F&TM Services.

You may not interfere with or disrupt the integrity or performance of the F&TM Services, any portion or contents thereof, or related systems or networks, or use the F&TM Services in any way which degrades their reliability, speed or operation, or their underlying hardware or software. In addition you may not attempt to gain unauthorized access to the F&TM Services or related systems or networks.

By submitting any User Materials on or through the F&TM Services, you hereby grant F&TM, F&TM member stations, and other Content Providers, their licensees, and users of these web sites, applications and services (to the extent permitted by the Terms of Use) the licenses to use those User Materials as set forth above in the “User Materials” section

You are solely responsible for any User Materials submitted using your account. F&TM does not and cannot review all User Materials submitted by you or others and is not responsible for any User Materials submitted by you or others on or through the F&TM Services. However, F&TM has the right (but not the obligation) to review, screen, delete, edit and/or move any User Materials that it deems, in its sole discretion, to be in violation of the Rules for Use of the Service, the Community Discussion Rules (for User Materials Submitted through the F&TM Community), or these Terms of Use, or for any other reason, as determined in F&TM’s sole discretion.

F&TM is not responsible or liable for any User Materials Submitted by you or a third party, including any User Materials, on or through the F&TM Services. F&TM cannot verify the accuracy of statements that users make or place on or through the F&TM Services, and does not guarantee that any User Materials have been submitted with the permission of the copyright or proprietary owner or are otherwise in compliance with the Rules for Use of the Service or these Terms of Use.

By using the F&TM Services, you agree to abide by these rules. You acknowledge that F&TM has the right (but not the obligation) to review, screen, delete, edit or move content or material that it deems, in its sole discretion, to be in violation of the Rules for Use of the Service, or these Terms of Use, or for any other reason, in its sole discretion. You further acknowledge that F&TM has the right to limit or terminate your, or any other person’s, access to or registration in the F&TM Services for any reason, in its sole discretion, including violation of the Rules for Use of the Service or these Terms of Use.

United States Only

Unless otherwise specified, this Site and material provided on this Site are solely for promoting products, programs, and business operations within the United States.

Disclaimer

USE OF THE SITES IS AT YOUR OWN RISK. THE MATERIALS, INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITES AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FLAVOR & THE MENU DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FLAVOR & THE MENU DOES NOT WARRANT THAT THE SITES OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE SITES, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE SERVICES AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION. FLAVOR & THE MENU DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITES OR MATERIALS ON THE SITES OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. FLAVOR & THE MENU ASSUMES NO LIABILITY FOR THE CONTENT OF THE SITES, DOES NOT REPRESENT OR WARRANT THAT USE OF THE CONTENT WILL NOT INFRINGE RIGHTS OF THIRD PARTIES AND FLAVOR & THE MENU HAS NO RESPONSIBILITY OR LIABILITY OF ACTIONS OF THIRD PARTIES OR FOR CONTENT PROVIDED BY OTHERS. IN NO EVENT SHALL FLAVOR & THE MENU, ITS AFFILIATES EMPLOYEES, AGENTS OR CONTENT PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY AMOUNT OF DIRECT DAMAGES IN EXCESS OF $100. (Since some states do not allow the exclusion or limitation of certain categories of damages, the above limitation many not apply to you. In such states, the liability of Flavor & The Menu is limited to the fullest extent permitted by such state law.)

The site may contain facts, views, opinions, statements and recommendations of third party individuals and organizations. Flavor & The Menu does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information on the site and use of or reliance on such advice, opinion, statement or other information is at your own risk.

Right to Change F&TM Services

F&TM reserves the right to change, terminate or suspend the F&TM Services, any features of the F&TM Services (including, but not limited to, Content Feeds, API and Content), and any content or materials contained in the F&TM Services, in any way, at any time and for any reason or no reason. F&TM also has the right to require you to cease accessing any features, content or materials of the F&TM Services.

INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, FLAVOR UNLIMITED AND ITS PARTNERS, AFFILIATES, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, AGENTS AND CONTENT PROVIDERS FROM ANY AND ALL CLAIMS, INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT, AND DAMAGES, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES, ARISING FROM OR RELATING TO 1) CONTENT OR INFORMATION YOU PROVIDE; 2) Flavor & The Menu’ USE OF INFORMATION YOU PROVIDE; 3) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR PASSWORD ACCOUNT, EVEN IF NOT POSTED OR TRANSMITTED BY YOU; AND 4) ANY VIOLATION OF THIS TERMS OF USE BY YOU.

Miscellaneous

Termination
Your access may be terminated at any time and for any reason or for no reason by Flavor & The Menu. You shall have no recourse and Flavor & The Menu shall have no liability with respect to any such termination. All provisions of these Terms and Conditions relating to warranties, confidentiality obligations, proprietary rights, limitation of liability and indemnification obligations shall survive the termination or expiration hereof.

Modification
Flavor & The Menu may modify these Terms and Conditions at any time. The amended terms will be effective upon posting on the Site. Your continued use of the Site and/or the Services constitutes your assent to such amended terms and your agreement to be bound thereby. Flavor & The Menu may, but is under no obligation to, provide you notice of such modifications to these Terms and Conditions via email or other communication.

Questions
Any questions regarding these Terms and Conditions should be directed to the Flavor & The Menu via the Contact Us page.