1. ACCEPTANCE OF TERMS
BY USING THE SITE, INCLUDING ACTIVITIES SUCH AS BUT NOT LIMITED TO, THE SUBMISSION OF CONTENT AND/OR PERSONAL INFORMATION AND VIEWING THE SITE IN A WEB BROWSER OR OTHER WEB ENABLED DEVICE (SUCH AS A PHONE, PAD COMPUTER, OR VIDEO GAME CONSOLE), YOU AGREE TO BE BOUND IN FULL BY THE TERMS STATED HEREIN AND PUBLISHED ONLINE AT http://www.infosnacks.com/terms/. IF YOU DO NOT AGREE WITH THE TERMS HEREIN PLEASE DO NOT USE THE SITE.
ALL CONTENT, TEXTUAL, DIGITAL, AND PERSONAL, INCLUDING BUT NOT LIMITED TO, WRITTEN WORD, IMAGES, GRAPHICS, AUDIO, VIDEOS, AND ANIMATIONS, SUBMITTED TO INFOSNACKS IS SUBJECT TO THE TERMS AND CONDITIONS STATED HEREIN. INFOSNACKS MAKES NO GUARANTEE TO THE VALIDITY OF ANY CONTENT DISPLAYED ON THE SITE.
infosnacks reserves the right to update, change, modify or replace these Terms at any time without notice, unless modification constitutes a "material change" to the Terms. If a material change to the Terms is made, notification will be sent out via email as well as published on the Site. infosnacks reserves the right to determine what constitutes a material change to the Terms and agrees to use sound judgment in making such determination.
2. SUBMISSION OF CONTENT TO SITE
BY SUBMITTING CONTENT TO INFOSNACKS ON ANY PAGE, INCLUDING, BUT NOT LIMITED TO, THE MAKE A SNACK PAGE AND THE CONTACT PAGE, YOU ACKNOWLEDGE THAT YOU HAVE READ, AND AGREE IN FULL TO THE TERMS HEREIN, AND THAT YOU ARE AT LEAST 18 YEARS OF AGE AND COMPETENT TO THE EXTENT NECESSARY TO UNDERSTAND AND AGREE TO THE TERMS HEREIN, OR IF UNDER THE AGE OF 18 ARE AT LEAST 13 YEARS OF AGE WITH PARENTAL OR LEGAL GUARDIAN PERMISSION TO USE SITE AND SUBMIT CONTENT. INFOSNACKS IS NOT INTENDED FOR CHILDREN UNDER THE AGE OF 13.
All users who submit content, referred to hereafter in this document as "Author", retain total ownership of any and all written or digital content that they submit. infosnacks does not claim any ownership of submitted material. infosnacks claims the right to display submitted content to the world indefinitely via any media outlet.
BY SUBMITTING CONTENT THE AUTHOR LEGALLY AFFIRMS SUCH CONTENT DOES NOT VIOLATE ANY LAWS OF THE UNITED STATES OF AMERICA OR ITS TERRITORIES, ANY COPYRIGHT LAWS, OR ANY OTHER LOCAL LAW OR ORDINANCE. BY SUBMITTING CONTENT AUTHOR AGREES TO INDEMNIFY AND HOLD INFOSNACKS HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW REGARDING CONTENT SUBMITTED TO THE SITE. BY SUBMITTING CONTENT, AUTHOR AFFIRMS THAT HE/SHE IS THE LEGAL OWNER OF SUCH MATERIAL, THAT THE SUBMITTED MATERIAL DOES NOT INFRINGE ON ANY EXISTING COPYRIGHT OR OTHER FORM OF LEGAL OWNERSHIP, INCLUDING PRIVACY OR PUBLICITY RIGHTS OF ANY OTHER PERSON, CORPORATION, OR ANY OTHER THIRD-PARTY. THE AUTHOR AGREES TO NEVER SUBMIT CONTENT THAT IS COPYRIGHTED, PLAGIARIZED, PROTECTED BY TRADE SECRET, OR OWNED BY A THIRD-PARTY INCLUDING PRIVACY AND PUBLICITY RIGHTS UNLESS THE AUTHOR IS THE OWNER OF THOSE RIGHTS OR HAS PERMISSION BY THE OWNER. THE AUTHOR AGREES TO NOT KNOWINGLY SUBMIT FALSEHOODS OR MISREPRESENTATIONS OF ANY INFORMATION, PERSON, PLACE, THEORY, IDEA OR THING.
AUTHORS MAY NOT SUBMIT INAPPROPRIATE CONTENT, INCLUDING BUT NOT LIMITED TO, CONTENT THAT IS OBSCENE, DEFAMATORY, LIBELOUS, PORNOGRAPHIC, HARASSING, RACIALLY OR ETHNICALLY OFFENSIVE, DISCRIMINATING, MALICIOUS, HATEFUL, THREATENING, ENCOURAGES VIOLENCE, CONTAINS GRATUITOUS VIOLENCE, CONTAINS NUDITY, OR ANYTHING THAT COULD BE A CRIMINAL OFFENSE, GIVE RISE TO CIVIL LIABILITY, IS UNLAWFUL, OR VIOLATES ANY LAW. AUTHORS MAY NOT IMPERSONATE ANOTHER PERSON.
Submitted content is reviewed and researched by our team of experts to the best of our knowledge and abilities. infosnacks screens all submissions but we cannot be aware of all existing copyrighted material. infosnacks is not responsible for plagiarized material that is submitted including copyrighted material. If at any time material of this nature is reported it will be removed as soon as possible subject to Section 4.
By submitting content the Author acknowledges that any information submitted to the Site may be displayed to the entire world via any media outlet. infosnacks may use submitted material for any purpose, including for profit. infosnacks has the right to modify any material that is submitted but agrees to give the original Author credit for submitted material. If Author does not submit a name with submitted content then Author cannot receive credit for his/her submission.
infosnacks is not responsible for the accuracy of information, plagiarism, safety, usefulness, inappropriate content, or the intellectual property of content submitted by Authors. If content is inaccurate, incorrect, plagiarized, hazards to user's safety, inappropriate, or the property of a third-party that content will be removed upon request as soon as possible subject to Section 4. infosnacks is not responsible for any errors, mistakes, inaccuracies, personal injury that may occur, or property that may be damaged. Furthermore infosnacks is not responsible for content that is inaccurate, offensive, indecent, or objectionable.
If you are the copyright owner of material on infosnacks that you did not submit you may provide proof of the original material and it will be removed as soon as possible subject to Section 4. Proof may be based on original ownership of web, print, video, or broadcast media.
As a User, Visitor and/or Author of Site you agree to indemnify and hold infosnacks, and each of its respective owners, directors, employees, etc. harmless from and against any loss, liability, claim, or demand, including reasonable attorney's fees, arising out of any claim, action, investigation or proceeding made or instituted by any third-party due to, or arising out of your use of the Site or submission of content to the Site in violation of these Terms or violation of any law of the United States of America or its Territories or the rights of any third-party.
4. COPYRIGHTED MATERIAL AND INFRINGEMENT CLAIMS
If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Copyrighted and/or plagiarized material can be reported to infosnacks via the "report untasty snack" links found next to all user submitted content or by sending copyright infringement notice to our Designated Agent:
You acknowledge that if you fail to comply with all the requirements of this Section 4, your DMCA notice may not be valid.
5. REMOVAL AND MODIFICATION OF CONTENT
In addition to Section 4 above, inappropriate, inaccurate, or plagiarized material can be reported to infosnacks via the "report untasty snack" links found next to all user submitted content. The reported content will be reviewed and if found to violate one or more of the content conditions in these Terms, that content will be removed permanently. If a contact email is provided with the removal request infosnacks may request further information from the user to determine if and how the content violates these Terms. Removal requests not containing a contact email may not be able to be resolved or verified. Content found to not violate the Terms may not be removed.
Any Author may request to have his/her content removed or modified but infosnacks does not guarantee that the content will be removed or modified unless that content violates the Terms. infosnacks takes all removal of content requests seriously and it strives to grant Authors' requests, however infosnacks is not ever required to remove any valid content. For removal or modification requests to be considered, Authors must verify original ownership of the submitted content by proving they are the owner of an email address or website URL that is associated with the content. Content that is not associated with an email or websites URL at the time of its submission may not be considered for removal or modification.
6. SUBMISSION OF IMAGES, VIDEO, AUDIO, AND OTHER MEDIA
Authors may only submit original images, audio, and video, or media, or non-original media that the original owners, companies, brands, or celebrities deem appropriate to distribute freely or fall within Copyright Fair Use Doctrine, (see http://www.copyright.gov/fls/fl102.html or 17 U.S.C § 107-108 for more information). If images, audio, video or other media submitted to infosnacks violates copyright law or other third-party ownership rights, that media will be removed as soon as possible upon receiving notification of the violation subject to Section 4 of these Terms.
7. COOKIES, TRACKING, AND ADVERTISEMENTS
By visiting and/or using the Site you agree to be displayed advertisements. Advertisements may analyze page content, visitor traffic, and the user server's geographical location to serve the user relevant ads.
8. WARRANTY DISCLAIMERS
YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, INFOSNACKS, ITS OFFICERS, DIRECTORS, EMPLOYEES, ETC. DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. INFOSNACKS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:
- ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
- PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE OR SITE'S CONTENT,
- ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
- ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE,
- ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD-PARTY, AND/OR
- ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.
INFOSNACKS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE SITE OR ANY HYPERLINKED SITE OR FEATURED SITE IN ANY BANNER OR OTHER ADVERTISING, AND INFOSNACKS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
9. JURISDICTION & DISPUTES
You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to the Terms or use of Site exclusively in a state or federal court located in Santa Cruz County. The laws of the State of California will govern these Terms, as well as any claim that might arise between you and infosnacks, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Santa Cruz County, California for the purpose of litigating all such claims.