TERMS OF SERVICE

These Terms of Service constitute an agreement between the user (“you”) and Eatify, Inc. (“Eatify,” “we,” “us”) and govern your use of Eatify.io (“Website”).

Your use of the Website is subject to and conditioned on your acceptance of the terms and conditions set forth below together with our Privacy Policy Eatify.io/privacy (collectively, “Terms”), which shall also govern any information, including personal information, that you provide to us via the Website.  By using our Website, you agree that you have read, understand, and are bound by these Terms.  We may, in our sole discretion, revise these Terms from time to time with the new terms taking effect on the date of posting.  IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR WEBSITE.

Access to Website

Subject to the terms and conditions of these Terms, we grant you a license to use the Website.  Your right to use the Website will terminate immediately in the event that you are in breach of any of these Terms.  We may terminate this license at any time for any reason or no reason.  Except for the rights and licenses expressly granted, we reserve all other rights and no other rights are granted by implication or otherwise.

You do not need to create an Eatify account to access the Website; however, we may, from time to time, restrict access to certain features, parts, or content of the Website, or the entire Website to only those users who have created an Eatify account.

Operation of the Website

We cannot guarantee the continuous, uninterrupted, or error-free operability of the Website.  There may be times when all of (or certain features, parts, or content of) the Website becomes unavailable (whether on a scheduled or unscheduled basis) or is modified, suspended, or withdrawn.  Such modifications, suspensions, and withdrawals are in our sole discretion and may be without notice to you.  You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension, or withdrawal of the Website, or any features, parts, or content of the Website.

Acceptable Use

You may only use the Website in accordance with these Terms.  You agree you will not engage or attempt to engage in any improper uses, including, but not limited to:

  • violating any applicable law or regulation;
  • impersonating or misrepresenting your affiliation with any person or entity;
  • republishing, redistributing, or re-transmitting any Website;
  • storing the Website (including pages of Website) on a server or other storage device connected to a network or creating a database by systematically downloading and storing any data from the Website (other than for page caching);
  • removing or changing any content of the Website or attempting to circumvent security or interfere with the proper working of the Website or any servers on which it is hosted;
  • creating links to our website from any other website, without our prior written consent, although you may link from a website that is operated by you provided the link is not misleading or deceptive and fairly indicates its destination, you do not imply that we endorse you, your website, or any products or services you offer, you link to (and do not frame or replicate) the home page of our website, and the linked website does not contain any content that is unlawful, threatening, abusive, libelous, pornographic, obscene, vulgar, indecent, offensive, or which infringes on the intellectual property rights or other rights of any third party; or otherwise do anything that it is not expressly permitted by these terms;
  • using any robot, data mining, screen scraping, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents;
  • posting, distributing, or reproducing in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights;
  • interfering with or disrupting the Website or the site or the servers or networks connected to the Website;
  • posting, emailing, or otherwise transmitting any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; and
  • modifying, copying, reproducing, duplicating, adapting, sublicensing, translating, selling, reverse engineering, deciphering, decompiling, or otherwise disassembling any portion of the Website or any software used on or for the Website or causing others to do so.

Account Security

You are entirely responsible for the security and confidentiality of your password and account.  Furthermore, you are entirely responsible for any and all activities that occur under your account.  You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware.  You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Website.

Intellectual Property Rights

You should assume that everything on the Website is copyrighted unless otherwise indicated and that it must not be used except as provided in these Terms or with the express written consent of an officer of Eatify, Inc.  All photos, images, and text on the Website, together with the design and layout of the Website, are the copyrighted property of Eatify, Inc. and may not be used without our written permission.  All intellectual property rights in the Website and in any content of the Website (including, but not limited to, text, graphics, design, layout, software, photographs, and other images, videos, sound, trademarks and logos) are owned by us or our licensors.  Except as expressly set forth herein, nothing in these Terms gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading or using any Website.  In the event you print off, copy, or store any Website (only as permitted by these terms), you must ensure that any copyright, trademark, or other intellectual property right notices contained in the original content are reproduced.

Anything you send to the Website may be used by Eatify for any purpose.  By submitting material to us through the Website, you irrevocably transfer and assign to Eatify, and forever waive, and agree never to assert, any copyrights or other rights that you may have in such material.  We are free to use, without obligation of any kind, any ideas, concepts, techniques, or know-how contained in any communication you send to us or to the Website for any purpose whatsoever.

Use of Marks

You may not copy or use the names, trademarks, logos, or brands of Eatify or those of any of its affiliates or partners, in part, in modified form, or otherwise.  Certain third-party names, trademarks, logos, and brands may appear on the Website, and those are the sole property of their respective owners, and you are similarly prohibited from copying or using such third-party names, trademarks, logos, and brands.  

Disclaimer of Warranties and Assumption of Risk

THE WEBSITE AND ALL CONTENT THEREIN ARE PROVIDED ON AN “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS OR IMPLIED.  WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, STATUTORY, AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT; (B) OF ADEQUACY, ACCURACY, TIMELINESS, AND COMPLETENESS OF THE WEBSITE, INFORMATION, CONTENT, OR RESULTS; (C) ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (D) OF SECURITY, UNINTERRUPTED, OR ERROR-FREE ACCESS OR USE OF THE WEBSITE.

THE WEBSITE AND ALL CONTENT OBTAINED BY YOU THROUGH THE WEBSITE IS OBTAINED AT YOUR OWN DISCRETION AND RISK.  AS SUCH YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION YOU TAKE OR FAIL TO TAKE BASED ON ANY INFORMATION OR ON THE WEBSITE.

Limitations on Liability

IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF, BASED ON, RESULTING, OR IN ANY WAY RELATED TO THESE TERMS OF USE OR YOUR USE OF THE WEBSITE (INCLUDING ANY INFORMATION OR CONTENT CONTAINED THEREIN), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR MAXIMUM AGGREGATE LIABILITY TO YOU, AND THE EXCLUSIVE REMEDY HEREUNDER FOR ANY AND ALL DAMAGES, INJURY, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING, OR IN ANY WAY RELATED TO THESE TERMS OF USE OR YOUR USE OF THE WEBSITE (INCLUDING ANY INFORMATION OR CONTENT CONTAINED THEREIN), SHALL BE TO RECOVER THE ACTUAL DAMAGES YOU INCUR BASED UPON REASONABLE RELIANCE ON THE WEBSITE UP TO FIVE DOLLARS (US$5.00).  THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THESE TERMS OF USE OR THE WEBSITE WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES.

THE EXCLUSION OF DAMAGES UNDER THE FIRST PARAGRAPH OF THIS SECTION IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY IN THE SECOND PARAGRAPH AND IT SURVIVES IN THE EVENT SUCH EXCLUSIVE REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE.  TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW, BOTH OF THESE LIMITATIONS OF LIABILITY APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) FAULT OR TORT (INCLUDING NEGLIGENCE AND MISREPRESENTATION), (D) STRICT LIABILITY OR (E) ANY OTHER CAUSE OF ACTION UNDER LAW OR EQUITY.

Indemnity

You agree to indemnify and hold us, our subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Website in violation of these Terms and/or arising from a breach of these Terms.

External Links

The Website may contain links to other third party websites (“Linked Sites”).  The Linked Sites are not under our control and we are not responsible for any Linked Site, including, but not limited to, any content contained in a Linked Site, or any changes or updates to a Linked Site.  We are providing these links to you only as a convenience, and the inclusion of any link does not imply our endorsement of the site or any association with its operators.  You use the Linked Sites solely at your own risk.

General

Modification of These Terms of Use.  We may, in our sole discretion, revise these Terms of Use from time to time by updating the Terms of Use, with the new terms taking effect on the date of posting.  You should review the Terms of Use every time you use this Website as they are binding on you.

Governing Law and Venue.  These Terms, and any dispute between you and us, shall be governed by the laws of the State of California without regard to principles of conflicts of law.  You irrevocably submit to venue and exclusive personal jurisdiction in the federal and state courts in San Francisco County, California for any dispute arising out of these Terms, and waive all objections to jurisdiction and venue of such courts.  You hereby irrevocably waive your right to trial by jury.

Assignment.  These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but we may assign them without restriction.  Any attempted transfer or assignment in violation hereof will be null and void.

Severability.  If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.

Entire Agreement.  These Terms, together with any amendments and any additional agreements you may enter into with us in connection with the Website, including the Privacy Policy, shall constitute the entire agreement between you and us concerning the Website.

No Waiver.  No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Copyright

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Website;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Notice of claims of copyright or other intellectual property infringement should be sent to:

By mail:

Eatify, Inc.

470 Vallejo Street

Attention: Board of Directors

By email: abuse@eatify.io