User Agreement and Privacy Policy

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Use of this site constitutes acceptance of this User Agreement and Privacy Policy

The following constitutes the terms and conditions (the "Terms of Use") and the Privacy Policy (the "Privacy Policy") governing your use of this Site located at www.eatTALK.net and www.eatTALKblog.com and any content made available from or through this Site (hereinafter, the "Site"). The Site is made available by eatTALK ("eatTALK" or "we" or "us"). We may change the Terms of Use from time to time by posting such changes on the Site. Accordingly, you should periodically review these Terms of Use for revisions made hereto. BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS OF USE AS APPLIED TO YOUR USE OF THE SITE.

  1. Proprietary Rights. You own your User Content only. Site Content, including but not limited to visual and design, features, graphics, compilation, and all other elements and components of the Site excluding User Content and Third Party Content is owned by the Site. The Site also owns the copyrights and other intellectual and proprietary rights associated with the Site Content and the Site, which are protected by copyright and all other applicable intellectual and proprietary rights and laws. You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Site Content in whole or in part except as expressly authorized by the Site. 

  1. Limited License. You may access and view the Site Content on your computer or other device, and make single copies or prints of the content on the Site at your own risk and for your personal, non-commercial and internal use only. Use of the Site and Site Content, are only for your personal, non-commercial use. You may not use the Site for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.

  1. Prohibited User Conduct and Restrictions. You warrant and agree that, while using the Site and the various services and features offered on or through the Site you shall not: (a) impersonate any person or entity, whether actual or fictitious, including anyone from eatTALK or its affiliates, or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party's advertising, branding or other promotional content into any of the Site's content, materials or services or use, redistribute, reuse, republish, repurpose or otherwise exploit such content or service for any purpose or reason, including without limitation, further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through the Site. You agree not to, and will not assist, encourage, or enable others to use the Site to: a) Violate Your Content Responsibility; b) Violate any third party's rights (i.e. breach of confidence, copyright, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right); c) Send mass E-mails, whether commercial in nature or not, unless otherwise approved by the Site; d) Attempt to gain unauthorized access to the administration of the Site and/or Writer accounts, through hacking, password mining or any other means; e) Use any device, software, code or routine that interferes with the proper functionality of the Site, or otherwise attempt to interfere with the proper working of the Site;  f) Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site; g) Violate any applicable law. eatTALK may, from time to time, make services and features available on or through the Site to which you may have the opportunity to provide or submit Submitted Materials. In addition to any other rules or regulations that we may post in connection with a particular service or feature, and in addition to the rest of the Terms of Use, you represent, warrant and agree that you shall not upload, post, transmit, distribute or otherwise publish through the Site or any service or feature made available on or through the Site, any materials which are, do, or could reasonably be construed to violate the prohibited conduct outlined above. If eatTALK has banned you from the Site or Site Content, for any reason, in its sole discretion, you may not return to the Site for any reason or in any manner. In the event that you do return, or attempt to return, to the Site or a particular service offered by or through the Site after you have been banned, you will be deemed to have breached these Terms of Use, and eatTALK reserves the right to pursue all rights and remedies available to it at law or in equity with respect to such breach. 

  1. User Information (Privacy Policy I). We regard all personal information collected from visitors and members as confidential. This includes personal data provided during subscription registration and the answering of any polls/surveys. eatTALK may use the information for internal purposes but will not sell, loan or share your information with any outside party. If you choose to give us your personal information, we will keep that information private unless expressly stated. Other users may be able to identify you if you include personal information in your User Content. You can reduce the risk of being personally identified by using the Site pseudonymously. Your reviews, tips, photos, lists, and other content you post to the Site are meant for public consumption. This information may be displayed on the Site, and further distributed to a wider audience via third party sites and services. 

  1. User Content and Responsibility. You are responsible for your User Content. You assume all risks associated with this User Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in this User Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of this User Content as described herein. You may not imply that this User Content is in any way sponsored or endorsed by Site unless permitted to do so by the Site. The Site has no obligation to neither retain nor provide you with copies of your User Content, nor guarantee any confidentiality with respect to your User Content. If you submit a photograph, you also agree to, represent and warrant the following: (a) you have the rights necessary to authorize us to use the photograph as permitted by these Terms of Use; (b) you authorize us to use the photograph as permitted by these Terms of Use; (c) you have obtained the necessary permissions, if any, for us to use the photograph in accordance with the Terms of Use; and (d) the photograph has not been manipulated or altered in any manner so as to distort or misrepresent any individual or thing depicted in it. Except as may be expressly permitted in connection with one of the Site's services, you also may not offer to buy or sell any product or service on or through your Submitted Materials. eatTALK will not accept responsibility for any information included in any Submitted Materials created or posted by users. You alone are responsible for the content and consequences of any and all of your activities and you submit Submitted Materials at your own risk. 

  1. Right to Use User Content. User Content may be used in different ways, including publicly displaying it, reformatting it, incorporating it into adverts and other works, creating derivative works, promoting it, distributing it (“Use”), and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you irrevocably grant the Site non-exclusive, royalty-free, transferable rights to use your User Content for these purposes. You also irrevocably grant the users of the Site and any Other Media the right to access your User Content in connection with their use of the Site and any Other Media.

  1. Submitted Materials and Feedback. Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information from you through the Site, by e-mail or in any other way. Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us ("Submitted Materials") will be deemed not to be confidential or secret, and may be used by us in any manner consistent with the Privacy Policy. By submitting or sending Submitted Materials to us, you: (a) represent and warrant that the Submitted Materials are not confidential or secret, and no confidential or fiduciary relationship is intended or created between you and us in any way, (b) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any "moral rights" in Submitted Materials have been waived, (c) The Site may have something similar already under consideration or in development, (d) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, including for promotional and/or commercial purpose, and to authorize others to do so. We cannot be responsible for maintaining any Submitted Materials that you provide to us, nor are we responsible for any information included in any Submitted Materials, and we may delete or destroy any such Submitted Materials at any time, in our sole discretion. 

  1. Right to Monitor (Privacy Policy II). eatTALK reserves the right, but does not and shall not have an obligation, to monitor and/or to review all materials posted to the Site or through the Site's services or features by users, and eatTALK is not responsible for any such materials posted by users. eatTALK is not responsible for any failure to monitor, review and/or delete any materials posted to the Site or through the Site's services or features by users. However, eatTALK reserves the right at all times to disclose any information as necessary or advisable to satisfy any law, regulation or government request; and to edit, to refuse to post or to remove any information or materials, in whole or in part, that, in eatTALK sole discretion, are in violation of these Terms of Use or applicable law. We may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of the guidelines set forth in our Terms of Use or in violation of applicable law without notice or liability. The Site reserves the right to modify, update, suspend, or discontinue the Site at its sole discretion, at any time, for any or no reason, and without notice or liability. 

  1. Linking to the Site. We reserve all of our rights under the law to insist that any link to the Site be discontinued, that the link open in a new browser window, and/or to revoke your right to link to the Site from any other website at any time upon written notice to you. 

  1. Third Party Websites and Advertising. The Site contains links and advertisements to other sites (“Linked Sites”) and we are not responsible for the privacy practices or the content of other websites. You acknowledge and agree that eatTALK has no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through these Third Parties, even if they are owned or run by affiliates of ours, and you rely on the same at your own risk. Such Linked Sites are not under our control, and links to other sites are provided solely for the convenience of users. You acknowledge that when you click on a link that leaves the Site, the site you will land on is not controlled by us and different terms of use and privacy policy may apply. By clicking on links to other sites, you acknowledge that we are not responsible for those sites. We reserve the right to disable links from third-party sites to the Site, although we are under no obligation to do so. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites. The Site may publicly display adverts and other information adjacent to or included with User Content. You are not entitled to any compensation for such adverts. The manner, mode and extent of such advertising are subject to change without specific notice to you.

  1. Trademarks. The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Site or on content available through the Site are registered and/or unregistered Trademarks of ours and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by us that appear on the Site or on or through the Site's services, if any, are the property of their respective owners. Nothing contained on the Site grants, by implication, estoppel, or otherwise, or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without our written permission or that of the third party rights holder. 

  1. Indemnification. By submitting or posting any User Information, photograph and/or Submitted Materials you acknowledge and agree that, in the event that it becomes necessary or advisable for us to defend ourselves, in a court of law or otherwise, with respect to any such User Information, photograph and/or Submitted Materials, we may rely on your representations and warranties contained herein. By using the Site you acknowledge and agree that, in the event that it becomes necessary or advisable for us to defend ourselves, in a court of law or otherwise, with respect to your engaging in any prohibited user conduct, as described herein, we may rely on your representations and warranties contained herein. You agree to defend, indemnify and hold eatTALK and its Administrators and Writers harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees and other costs of enforcing these Terms of Use, arising in any way from your use of the Site, your placement or transmission of any message, content, information, software or other materials on or through the Site, or your breach or violation of the law or of these Terms of Use. eatTALK reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with eatTALK of such claim. 

  1. Copyright Infringement and General Inquiry. We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement or if you have any questions about these Terms, the practices of our Site, or if you have any other questions, please contact us: 

eatTALK: food for blog

  1. DISCLAIMER OF WARRANTIES. THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS PROVIDED THROUGH THE SITE, ARE PROVIDED "AS IS," "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, USEFULNESS, CORRECTNESS, PRECISION, THOROUGHNESS, COMPLETENESS OR CONTENT OR INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS PROVIDED THROUGH THE SITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE OR PROVIDED SERVICES WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. EATTALK ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE SITE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE WILL NOT BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SITE. WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, EATTALK AND ITS AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES PROVIDED VIA THE SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH EATTALK OR ITS AGENTS. ANY PRODUCTS AND SERVICES PROVIDED VIA THE SITE ARE PROVIDED BY EATTALK "AS IS," EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND EATTALK OR ITS LICENSOR OR SUPPLIER. UNDER NO CIRCUMSTANCES DOES YOUR USE OF THE SITE FORM ANY RELATIONSHIP, WHETHER IMPLIED OR EXPRESS, WITH EATTALK. EATTALK HEREBY DISCLAIMS ANY SUCH RELATIONSHIP AND ANY LIABILITY ARISING AS A RESULT OF ITS USE OF ANY CONTENT, INCLUDING, WITHOUT LIMITATION, MESSAGES, COMMENTS OR CONTRIBUTIONS, CONTAINED ON THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. 

  1. Termination. eatTALK may terminate, change, suspend or discontinue any aspect of the Site at any time and for any reason. eatTALK may restrict, suspend or terminate your access to the Site if we believe you are in breach of our Terms of Use or applicable law, or for any other reason without notice or liability. Once you have been banned from use of the Site, you may not thereafter use the Site under a new identity. 

  1. Changes to Terms of Use. eatTALK reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Terms of Use, in whole or in part, at any time. Changes in the Terms of Use will be effective when posted. Your continued use of the Site and Site Content after any changes to the Terms of Use are posted will be considered acceptance of those changes. 

  1. Law Governing. This agreement shall be governed by the laws of the State of California without regard to the conflict of laws provisions thereof. If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these Terms of Use waive their respective rights to a trial by jury. These Terms may be executed in counterparts.

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