Terms & Conditions
Effective Date, August 20th, 2019
1. WELCOME! Editfeast LLC (referred to in this Terms and Conditions as “Editfeast,” “we,” “us,” or “our”) offers you (the “user” or “you”) the following Terms and Conditions, (these “Terms”) and the Terms are entered into by and between you and Editfeast LLC.
These Terms govern your access to and use of our website, www.editfeast.com (the “Site” or “Website”), and all Terms applies to everything including, without limitation, both mobile and online versions of our Site, and also applies to your use of all applications, content, information, downloads, Social Media accounts and other services (collectively “Platforms”) that we make available through our Site and/or that post a link to this Terms.These Terms applies and governs every service offered by us, whether through the Site, Platforms or otherwise (collectively and together with the Site and Platforms, the “Services”) regardless of how you access or use the Site, whether via personal computers, mobile devices or otherwise.
THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND WE MAY HAVE AGAINST EACH OTHER ARE RESOLVED INCLUDING A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
2. USER ACCEPTANCE. Please read these Terms carefully. By accessing, browsing or otherwise using the Services or by clicking to accept or agree to the Terms when this option is made available to you, you (1) you have read, understand, and agree to be bound by the Terms, and (2) you are at least 18 years of age, and (3) warrant that you meet all of our eligibility requirements for using the services as described in these Terms, and (4) you have the authority to enter into the agreement with us.
5. LICENSE TO USE THE WEBSITE. Subject to the Restrictions on Rights to Use in these Terms, Editfeast gives you non-exclusive, revocable, limited license permission to use the Site and Services, solely for your personal and non-commercial use;
YOU AGREE TO DEFEND, INDEMNITY, AND OUR PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, BUSINESS ASSOCIATES, AND SUPPLIERS FROM AND AGAINST ANY ACTUAL OR THREATENED CLAIMS, ACTIONS OR DEMANDS, LIABILITIES, AND SETTLEMENTS (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES) RESULTING (OR ALLEGED TO RESULT) FROM YOUR USE OF ANY EDITFEAST SITES AND PLATFORMS IN ANY MANNER THAT VIOLATES OR IS ALLEGED TO VIOLATE APPLICABLE LAW OR THESE TERMS.6. USER RESTRICTIONS. You may not under any circumstances:
- You may only use the Site and Services in the manner in which the Content you access is intended and in compliance with these Terms and with any and all applicable federal, state, local and international laws, rules and regulations;
- You may not save or archive a significant portion of the material appearing in or on our Site and Platforms. All rights not expressly granted herein are reserved by Editfeast;
- Except as expressly provided in these Terms, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any Content, software, products or services contained with the Site and Services without the express written consent of Editfeast, LLC;
- You may not use the Site or any of its Content to further any commercial purpose, including any advertising or advertising revenue generation active on your own website or in any other form or medium.
7. ELIGIBILITY. We only permit individuals who are at least 18 years old, or the age of majority in your province, territory or country, and can form legally binding contracts with us to use the Site and Services. If you are under the applicable age, you can use the Site under the supervision of your parent, legal guardian or other qualified adults who has agreed to the Terms. If you are a parent or legal guardian and you allow your Minor to use the Services, you agree to be bound by the Minor’s use of the Services and by these Terms. If you are under the age of 18 or the applicable age of majority and do not have the requisite parent or guardian consent, please do not attempt to access or use the Services.
- Access or use the Site and Services for any illegal or unauthorized purpose, including to harass, abuse, insult or otherwise infringe or violate the rights of any other party; or otherwise take any action in violation of these Terms;
- Express or imply that any statements you make are endorsed and supported by Editfeast;
- Use automated or manual means to take our content without our express prior written consent; attempt to create any derivative works or materials of any kind using the Content, whether or not you intend to give away the derivative materials free of charge, or otherwise build a business utilizing any aspect of our Site and Services;
- Copy or print any of the Content, whether licensed by us or otherwise, unless and to the extent it is for your own personal, non-commercial use and you must retain all trademark, copyright and other proprietary notices contained in and on any such Content;
- Reproduce, download, modify, translate, add to, distribute, transmit, publish, perform, display, disclose, archive, upload, broadcast or sell, sublicense, index or exploit any part of our Site and Services or the Content thereon in any medium, either directly or through the use of any device, software, internet site, web-based service or other means, without our prior express written permission;
- Remove alter, bypass, avoid, interfere any copyright, trademark or other proprietary rights notices contained in or on the Site and Services;
- Transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature; use the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
- Access the Site and Services via any automated system, including, without limitation, by “robots,” “spiders,” “offline readers,” etc., or take any action that imposes, or may impose (as determined in our sole discretion), an unreasonable or disproportionately large load on our infrastructure;
- Take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our or our third-party providers’ infrastructure.
However, you must be 13 years or older to use the Site in compliance with the Children's Online Privacy Protection Act (COPPA).We have the right to refuse to let certain people access or use the Site and Services. We may also change our eligibility standards, suspend or terminate your use of the Site and Services as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice.
8. USER SUBMISSIONS. We proudly work, collaborate and interview contributors, writers, authors, creators, chefs, business owners, managers, bloggers, travelers and individuals that we think can provide us with materials to create our content (collectively "User Submissions"). We send requests and invites to work with us, you have the right to deny our request. We also encourage you to submit to our Site and Platforms content and stories related to our topics ("User Submissions"). We create content, stories, guides and products for our Site and Platforms in partnerships and collaborations, requesting and contacting to work, collaborate and interview with publishers, contributors, authors, writers, individuals, owners, brands, creators, bloggers or affiliates to create our content for our Site and Platforms (collectively "User Submissions"). You irrevocably assign to Editfeast all rights in and to all text, photographs, illustrations, audio, video and any other content and information (including any ideas or expressions of ideas embodied therein, your Site screen/user name, and personal and professional information) that you provide, upload, store, process, post, transmit, distribute, publish or otherwise submit to or through our Site and Platforms (collectively “User Submissions”).
You understand that whether or not such User Submissions are published, Editfeast does not guarantee any confidentiality with respect to any User Submissions. You are solely responsible for your own User Submissions and the consequences of posting, submitting or publishing them on our Site and Platforms, or providing us with the information. You acknowledge and agree that you have no expectation of privacy concerning the transmission of User Submissions and Content, including, without limitation, email communications, interviews, chat, text, images, audio material, video material and audio-visual material, that you submit to the Site, for whatever purpose. We have the right, but not the obligation, in our sole and absolute discretion, to pre-screen, review, refuse, and/or remove from the Editfeast Site and Platforms any User Submissions and content.
User Submissions are public after publishing on our site, services and social media accounts, not private communications. When you voluntarily disclose personal information through your User Submissions, Others may have access to this content and information, and it can be collected and used by others and may result in unsolicited messages from other people. Please think carefully before deciding what information you share with us, including Personal Information, in connection with your User Submissions. Please note that Editfeast does not control who will have access to the information that you choose to make public, and cannot ensure that parties who have access to such publicly available information will respect your privacy or keep it secure. We are not responsible for the accuracy, use or misuse of any User Submissions that you disclose or receive from third parties through the Site.
YOU CONFIRM, REPRESENT, AND/OR WARRANT THAT:
YOU FURTHER AGREE THAT YOU WILL NOT:
- Editfeast reserves the right to edit or remove any material submitted to our Site and Platforms, or stored on the servers, or hosted or published upon our Site and Platforms;
- By submitting, posting, or displaying User Submissions on Editfeast Site and Platforms, you grant us a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable (through multiple tiers), license to archive, edit, adapt, combine with other content, use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, store, display and distribute, and otherwise use User Submissions in connection with the operation or use of the Editfeast Site and Platforms or the promotion, advertising, newsletters or marketing thereof, in any and all media or distribution methods (now known or later developed);
- You own or have the necessary licenses, rights, consents, and permissions to use and authorize Editfeast to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms;
- All comments, suggestions, graphics, ideas (including content, products and advertising ideas), information, materials or other portion of the User Submissions you submit to us will become and remain the exclusive property of Editfeast, including any future rights associated with such User Submissions, even if these Terms and Conditions are later modified or terminated;
- You also release all moral rights and similar rights in and to your User Submissions and you further perpetually and irrevocably grant Editfeast the unconditional right to use and exploit your name, persona and likeness included in any User Submissions and in connection with any User Submissions;
- You have the written consent, release, and/or permission of each and every identifiable individual person, property, brand or products in the User Submissions to use the name, details, stories or likeness of each and every such identifiable individual person, property, brand or products to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others or violation of laws and regulations in connection with User Submissions;
- You agree that this license includes the right for us to make User Submissions available to other companies, organizations, business partners, or individuals who collaborate with Editfeast for the syndication, broadcast, distribution or publication of User Submissions through other media or distribution methods. This license also includes the right for other users of our Sites and Platforms to use and modify User Submissions, subject to these Terms;
- We may remove or refuse to publish User Submissions, in whole or part, at any time;
- We have the right to disclose User Submissions and related information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary;
- You will not be entitled to any remuneration for any use of your User Submissions (Except selected contributors and writers that submitted their work through our contributor’s submission process and followed our contributors’ guideline) by us or our parent company, affiliates, licensees, assigns or any other person or entity. You further release and waive all claims against Editfeast, its parent company, affiliates and/or agencies with respect to any intellectual property or other proprietary rights, rights of privacy and publicity, rights of attribution, or any other liability under the governing law of the United States;
- You acknowledge and agree that when you post content on the Site or Services, or view content provided by others, you are doing so at your own discretion and risk, including any reliance on the accuracy, completeness, of that content. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any User Submissions.
You understand that when using the Site, you will be exposed to User Submissions from a variety of sources, and that Editfeast is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Editfeast with respect thereto, and agree to indemnify and hold Editfeast, its owners/operators, affiliates, and/or licensors, employees, partners, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site and Platforms.
- Submit any illegal or unlawful User Submissions and content to us, and must not infringe any third party’s legal rights and privacy, and must not be capable of giving rise to legal action whether against you or Editfeast or a third party (in each case under any applicable law);
- Submit any User Submissions or content to our Site and Platforms that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint;
- Submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post and submit the material and to grant Editfeast all of the license rights granted herein;
- Submit or publish falsehoods or misrepresentations that could damage Editfeast or any third party;
- Include other peoples’ personal information, or any other information that may be used to track, contact, or impersonate that individual;
- Misrepresent your identity or affiliation with any person or organization;
- Involve commercial activities such as contests, sweepstakes and/or other sales promotions, barter, advertising or offers of sale or purchase of goods and services;
- Submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
- post advertisements or solicitations of business; nor impersonate another person.
EDITORIAL AND CONTENT: Our Content and User Submissions are only published to the Site after it has been reviewed and edited by our editorial team. All visuals, tools, products, and links are subject to the same approval process. To publish our Content and User Submissions on the Site and Platforms we collect our information and ideas from different resources such as User Submission and information provided by third party individuals, brands or businesses. We also do our own research done by the editorial team to create our content for the Site and Platforms. By using the Site and Platforms, you acknowledge that all of our content and stories are for information only and we do not accept any responsibilities or damages from the information we provide in our content. If you feel any information or article on the Site and Platforms are misinformed and are not accurate, please contact us with details. We will take your suggestions and notes into consideration and may modify or remove the article. Notices to regarding any changes in Content and User Submissions should be sent to email@example.com. We will review all claims and notices.
Photos and visuals collected from other third party sites, individuals or provided to us are used for our Site and Platforms, and are only for information and entertainment. Photos and visuals that we collected from the Internet, other sites, individual or blogs are selected for our content for the Site and Platforms. Images may get used in our newsletter emails, marketing and social media accounts. We always do our best to credit all the photos and to use photos and visuals from reliable sources and credited third party websites. If you are the owner of any photo(s) in the Site, Platforms and newsletters, and like modifications or removal of the photo(s), please contact us.9. LICENSE AND PERMISSION TO USE USER SUBMISSIONS.
10. INTELLECTUAL PROPERTY. We reserve and retain all right, title and interest in the Site and Services, including without limitation, all technology and processes, enhancements or modifications thereto, articles, stories, trademarks, service marks, site design, text, video, graphics, logos, images and icons, as well as the arrangement thereof (collectively referred to as the “Content”), are the exclusive property of Editfeast, our licensors or other content suppliers, and are protected and subject to copyright and other intellectual property rights under United States and foreign laws and international conventions, and may not be used or exploited in any way without our prior written consent.
- By submitting or posting your User Submissions to or on the Site and Platforms, you grant us, and our affiliates, agents, third party partners, and assignees a worldwide, non-exclusive, sublicensable, transferable, assignable, royalty-free and irrevocable license in perpetuity to host, display, transmit, distribute, publicly perform, reproduce, modify, edit, translate, copy, create derivative works from, store, sell, promote, sublicense and otherwise use your User Submissions and Content in any and all manner and media, whether now known or hereafter devised, for any purpose whatsoever, commercial or otherwise;
- You agree that this license includes the right for us to make User Submissions and Content available to other companies, organizations, business partners, or individuals who collaborate with Editfeast for the syndication, broadcast, distribution or publication of User Submissions and Content through other media or distribution methods. This license also includes the right for other users of the Sites and Platforms to use and modify User Submissions and Content subject to these Terms;
- Use, reproduce, transmit, modify, index, adapt, publish, translate, create derivative works from, distribute, display and otherwise exploit such content throughout the world in any media, whether now known or hereafter invented, including for any and all purposes, including commercial or marketing purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or any other person or entity;
- Notwithstanding our rules with regard to User Submissions and Content, you may be exposed to content on our Site and Platforms that is inaccurate, objectionable, and inappropriate for children or otherwise unsuited to your purpose or in violation of our Terms. We take no responsibility and expressly disclaim any liability related in any way to your exposure to User Submissions and Content on the Site and Platforms, whether or not it violates our Terms;
- You waive all rights and release Editfeast from any claim for defamation, invasion of right to privacy, infringement of rights of publicity or any similar matter, based upon or relating to the use of any User Submissions and Content;
- You also hereby grant each user of the Site a non-exclusive license to access your User Submissions and Content through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions and Content as permitted through the functionality of the Site and under these Terms;
- User Submissions and Content are required to treat others with respect and honesty with fair and informative content. Submit honest and valuable information and Submit or provide us rumors or negative opinions that are not supported by facts.
Content on the Site is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We try to ensure that the Content is accurate and complete. Your use of the Website is at your risk.
You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. Using the Services does not give you any ownership of any intellectual property rights in our Services or grant you the right to display, modify, reproduce, distribute, create derivative works of, download, store, transmit or otherwise use any of our intellectual property. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.Website Content is selected by our editors and is editorial content. We do not accept payment from third parties for products or Content to appear on the Website. From time to time some of the Content may be sponsored, partnerships or third-party content, and when you subscribe to receive Content, you agree to receive Sponsored Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions, Sponsored or partnerships content or third-party content obtained through the Site and Services for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. To the extent that we post third party Content, it reflects the personal opinions, information and views of the third-party authors and does not necessarily reflect the opinions and views of Editfeast and we accept no responsibility for any such third-party opinions, information and views.
The Site and Platforms are provided "as is" and "as available," without warranty of any kind, Editfeast and/or its suppliers expressly disclaim any warranty or condition either express or implied, regarding the website, information, suggestions, software, products services or related graphics including but not limited to: (a) any warranties or conditions concerning the merchantability, satisfactory purpose, availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the content of the Site, information, software, suggestions, and products; and (b) any warranties of title, warranty of non-infringement, or warranties of merchantability or fitness for a particular purpose; and (c) makes no warranties that its Site or Services, or the services available through the Site, will meet your requirements, will always be available, accessible, uninterrupted, timely, secure, operate without error or be free of software errors or computer viruses.
Editfeast make NO warranty that the products, services, descriptions, information or material included on the Site will be as represented by third-party providers, will be free of defects or lawful to sell. Editfeast does not warrant, endorse, guarantee or assume responsibility for any information, product or service provided, advertised or offered by a third party through the site and platform or any linked site and we will not be a party to or in any way monitor any transaction between you and any linked site. Editfeast makes no representations and warranties as to any linked sites and has no liability or responsibility with respect to your use of such sites. Any such links are provided for your convenience only.
Editfeast not responsible for the satisfactory to you, or that third-party providers will perform as promised to you. We have no control over the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk. The platform may contain technical inaccuracies or typographical errors or omissions. the platform may contain information on certain products, not all of which are available in every location. Reference to a product on the Site and Platforms, we not imply that such product is or will be available in your location.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURIES CAUSED BY THE SITE AND PLATFORMS, INCLUDING, WITHOUT LIMITATION, THOSE DAMAGES OR INJURIES HAPPENING AS A RESULT OF ANY ERROR, OMISSION, REMOVAL, OR DEFECT IN THE CONTENT AVAILABLE ON THE SITE AND PLATFORMS; OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF RECORDS, INFORMATION OR DATA, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, INFORMATION OR DATA, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION, OR ANY OTHER CAUSE OF ACTION. YOU ACKNOWLEDGE AND AGREE THAT ANY RELIANCE ON THE INFORMATION, SUGGESTIONS, AND OTHER MATERIALS INCLUDED ON THE SITE AND PLATFORMS SHALL BE AT YOUR SOLE RISK AND RESPONSIBILITY. EDITFEAST RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PART OF THE SITE AND PLATFORMS TO MAKE CHANGES TO THE SERVICES, MATERIALS, PRODUCTS, PROGRAMS AND FEATURES INCLUDED THEREIN AT ANY TIME WITH OR WITHOUT NOTICE.
THE SITE AND PLATFORMS MAY PUBLISH CONTENT, INFORMATION AND SUGGESTIONS AROUND EATING, COOKING, FOOD, TRAVEL, ADVENTURES AND OUTDOOR ACTIVITIES, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SUCH ACTIVITIES CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, HEALTH ISSUES, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES, EVEN IF CAUSED IN WHOLE OR PART BY OUR ACTION, INACTION OR NEGLIGENCE OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS.
You should never disregard medical advice or delay in seeking medical advice because of any content presented on the site and platforms and you should not use the site, platforms or any content available through site and platforms if you know it will cause you property damage, health issues and injuries.
15. EVENTS AND GATHERINGS DISCLAIMER. By attending or registering to attend in our events and gatherings hosted, operated, managed or sponsored by Editfeast, you agree and acknowledge that Editfeast, event organizers, our employees, volunteers, suppliers, sponsors and representative are not responsible for any risks relating to your attendance at our events and gatherings. We will send invites, reminders and registration options to you and ask you to attend in our events and gatherings, you have the right to deny and not participated in our events and gatherings.
When you attend our events and gatherings hosted, operated, managed or sponsored by Editfeast or our sponsors, is at your own risk. To the maximum extent permitted by law, you or your entity (acting on behalf of you) herby forever and unconditionally release us, event organizers, our employees, volunteers, suppliers, sponsors and representative from any and all claims, actions, damages, labilities, losses, costs and expenses in any way arising out of, or resulting from participating and attending in our events and gatherings.
BY ATTENDING OUR EVENTS YOU ACCORDINGLY ACKNOWLEDGE THAT US, EVENT ORGANIZERS, OUR EMPLOYEES, VOLUNTEERS, SUPPLIERS, SPONSORS AND REPRESENTATIVE ACCEPT NO RESPONSIBILITY FOR DAMAGE, INJURY OR HEALTH RELATED PROBLEMS AND ISSUES TO YOU OR YOUR PROPERTY HOWEVER CAUSE AND RELEASE THE ABOVE-MENTIONED ENTITIES FROM ANY CLAIM ARISING FROM THE RISK.16. INDEMNIFICATION. You agree to defend, indemnify, and hold us and our agents, managers, officers, directors, employees, affiliates, licensors, licensees, successors, service providers and partners assigns harmless from and against any losses, cost or debt, liabilities, claims or expenses claims, actions, or demands made against Editfeast including, without limitation, reasonable legal and accounting fees, arising or resulting from: (a) your breach of this Agreement; (b) any fraud, manipulation, deception or misrepresentation by you; (c) Content, User Content and User Submissions that you provide to the Site and Platforms; (d) any wrongdoing, willful misconduct or negligence, and your misuse of the Content, Site or the Platforms; (e) any violation of applicable federal or state laws or regulations; (f) your violation of any third-party right, including without limitation any right of privacy, right of publicity or intellectual property rights, by you or any other person accessing the Services via your email account(s), social media account(s), ISP address or your devices.We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.17. LIMITATIONS ON LIABILITY. To the extent permitted by applicable law, Editfeast and its officers, directors, employees, agents, licensors, suppliers, partners and affiliates in no event shall we be liable to you or any third-party for any direct, indirect, incidental, special, consequential, punitive or exemplary damages of any kind, including, damages for loss of profits, revenues, business, goodwill, use, data or other intangible losses arising out of, in connection with or resulting from these Terms or Editfeast’s Site or Services, whether based in contract, tort or otherwise.
Nevertheless anything to the contrary contained in these Terms, our liability to you in respect of any loss or damage suffered by you and arising out of or in connection with these Terms, whether in contract, tort, or for breach of statutory duty or in any other way shall not exceed $100. The limitations of damages set forth herein are fundamental elements of the basis of the bargain between Editfeast and you. some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
Under no circumstances will Editfeast and/or any of its affiliates, licensors, licensees, successors or assigns be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the website, your data or your account or the information contained therein. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, rule, regulation, legal process or governmental request. you waive and hold harmless Editfeast and its affiliates, licensors, licensees, successors and assigns from any claims resulting from any action relating to your account or taken as a result of any such disclosure. We make no representation that the Site and Platforms are appropriate or available for use at locations outside of the United States. Access to the Site and Platforms from territories where such services are illegal is strictly prohibited. If you access the website from a location outside of the United States, you are solely responsible for compliance with all local and other applicable laws.18. ASSIGNMENT. You may not assign these Terms or any of your rights hereunder to a third person without first obtaining our express written consent. These Terms do not create any agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other in any respect. Any attempted transfer or assignment in violation hereof shall be null and void.
19. COMPLIANCE WITH APPLICABLE LAWS, ARBITRATION AND JURISDICTION. The Platform is based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access or use the Platform, the Content, or the Products from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
These Terms and any dispute that may arise between you and Editfeast shall be governed by and construed in accordance with the Federal Arbitration Act, applicable federal law and the laws of the State of New York without giving effect to any choice or conflict of law provision or rule. Any dispute relating in any way to your use of the Services will be submitted to confidential arbitration in New York, New York, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or Federal court in the state of New York, and you consent to exclusive jurisdiction and venue in such courts. Any claim or cause of action arising out of or related to use of the Services, or these Terms must be filed within one year after such claim or cause of action arose or be forever barred. Any claim by you that may arise in connection with these Terms will be compensable by monetary damages and you will in no event be entitled to injunctive or other equitable relief. You also hereby expressly waive any right to resort to any form of class action.
You and Editfeast will attempt to resolve any dispute through informal negotiation within 30 days from the date that the notice of dispute is sent. If we are unable to resolve a dispute by negotiation, you agree that disputes must be resolved through binding arbitration rather than by a court provided that you may assert claims in small claims court if your claims qualify. Any election to arbitrate, at any time, shall be final and binding on the other party. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. Any court in New York, New York may enforce the arbitrator’s award. The arbitration shall be administered by the Judicial Arbitration and Mediation Services (“JAMS”) pursuant to JAMS’ Streamlined Arbitration Rules and Procedures, if applicable, or otherwise pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules (the “JAMS Rules”). Such disputes will be resolved by the arbitrator as determined under the JAMS Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in New York, New York.For certain claims, like violations of these Terms or breaches of intellectual property covenants, we reserve the right to seek injunctive relief in a court of competent jurisdiction. All arbitrations shall be initiated in New York, New York.21. CLASS ACTION WAIVER. Waiver of jury trial. You and Editfeast hereby waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury. You and Editfeast are instead electing that all claims and disputes will be resolved by arbitration under this arbitration agreement. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually to the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. You agree that you may bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
22. SEVERABILITY. If it turns out that any part of these Terms is invalid, void, or for any reason unenforceable, such provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect.23. MISCELLANEOUS. This Agreement and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions. These Terms supersede and extinguishes any prior agreements, promises, assurances, warranties, representations and undertakings between you and us, whether written or oral with respect to the Services. You also, may be subject to additional Terms and Conditions that may apply when you use other services, affiliate services, or third-party services.
These Terms are fully assignable by us and will be binding upon and inure to the benefit of our successors and assigns. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms. Our failure to act on or enforce any provision of the agreement shall not be construed as a waiver of that provision or any other provision in this agreement. The headings in these Terms are for convenience only and have no legal or contractual effect. This agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.24. COPYRIGHTS AND TRADEMARK. Editfeast and editfeast.com, are trade or service marks of Editfeast. Use of the Site and Platforms does not create any express or implied right to use such trade or service marks, logos, name and such trade or service marks may not be used in connection with any product or service that is not properly authorized by Editfeast, in any manner that is likely to cause confusion or in any manner that disparages or discredits Editfeast. The use of any name, trademark, tradename, service mark, logo, symbol or other proprietary designation or marking of or belonging to any third-party making Content, products or services available on the Site and Platforms should not be construed as an endorsement or sponsorship of the Site and Platforms by any such third-party, or as the participation by any such third-party in the offering of goods or information through the Site and Platforms.25. DIGITAL MILLENNIUM COPYRIGHT ACT. Editfeast respects the intellectual property rights of others and attempts to comply with all relevant laws, and we reserve the right to remove any Content on the site that allegedly infringes another person’s copyright. Notices to regarding any alleged copyright infringement on the Site should be directed to firstname.lastname@example.org. We will review all claims of copyright infringement received and remove any Content deemed to have been posted or distributed in violation of any such laws.
27. TERMINATION OF THE AGREEMENT, SERVICE MODIFICATION OR TERMINATION. We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Terms and agreements and your access to all or any part of the Site and Platforms, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability. We shall not be liable to you or any third-party for termination of the Site and Platforms.
If you have any questions about this Terms and Conditions, please feel free to contact us by email at email@example.com Please allow us a reasonable time to process your request.