FoodDigger.com, Inc. (“FoodDigger”) provides an online community for food enthusiasts to share information about restaurants, identify people with similar tastes, vote up people they trust, maintain favorites, try lists, and more (the “Service”) which may be accessed through the website located at www.fooddigger.com (the “Site”) and such other applications or media as may be provided by FoodDigger. FoodDigger provides the Service to you subject to these Terms of Service (these “TOS”). This is a legal agreement between you and FoodDigger and applies to you whether you are a registered user of the Service (“Member”) or a non-registered user just browsing (registered and non-registered users are collectively referred to as, “Users”). Please read these TOS carefully before using the Service.

YOU UNDERSTAND THAT BY CHECKING THE "I AGREE" BOX, OR BY ACCESSING OR USING THE SERVICE, YOU ARE AGREEING TO BE BOUND BY THESE TOS. IF YOU DO NOT ACCEPT THESE TOS IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SERVICE.

FoodDigger, at any time and in its sole discretion, reserves the right to modify, remove, or discontinue all or any part of the Service or to modify these TOS, and any policy or guideline of the Service, without notice. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site, and your continued use of the Service will constitute your acceptance of such changes or modifications. You should review these TOS and its incorporated policies and documents from time to time to understand the terms and conditions that apply to your use of the Service. If you do not agree to any amended terms, you must stop using the Service.

2.1. To become a Member you must be at least 13 years old. In order to access or use certain features of the Service, you will have to become a Member and set up a FoodDigger account ("Account"), with a corresponding login ID and password. Your login ID and password will permit you to access certain areas of the Service only available to Members.

2.2. You agree that you are responsible for safeguarding and maintaining the confidentiality of your login ID, password and corresponding Account information and that you are entirely and solely responsible for any and all activities or actions that occur under your Account, whether or not you have authorized such activities or actions.

2.3. If you become a Member, you agree to provide true, accurate and complete registration information and will maintain as current and promptly update relevant personal information provided to FoodDigger. Futher, you agree that you will not use false identities or impersonate any other person or use a name that you are not authorized to use.

2.4. You agree that you will not register for more than one account or register for an account on behalf of any other person or entity.

2.5. FoodDigger reserves the right to refuse service, terminate Accounts, and remove or edit content, in its sole discretion.

Please refer to FoodDigger’s Privacy Policy for information about our policies and procedures regarding the collection, use and disclosure of personal information we receive from Users.

When you access the Service or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.

5.1 All content accessible from the Service, such as text, data, graphics, images, photos, logos, button icons, audio clips, digital downloads, data compilations, software, and other media (collectively, “Content”), is the property of FoodDigger, its Users or its licensors and protected by United States and international copyright laws. The compilation of all Content on the Service is the exclusive property of FoodDigger and protected by U.S. and international copyright laws. All software used on the Service is the property of FoodDigger or its software providers and protected by United States and international copyright laws.

5.2 In consideration of your use of the Service you agree:

a. that except as expressly permitted by applicable law or authorized in writing by FoodDigger, you will not use, store, display, publish, publicly perform, transmit, distribute, modify, reproduce, create derivative works of, participate in the transfer or sale of,or in any way exploit the Service, in whole or in part, outside of the specific usage rights provided to you by FoodDigger as part of the normal functionality of the Service;

b. that you will not use the Service in any manner that interferes with FoodDigger's normal operations or with the use and enjoyment of another User;

c. to only access the Service and the Content through the interfaces provided by FoodDigger for Users;

d. to use the Service and the Content only for your personal, non-commercial use and in accordance with applicable laws;

e. that you will not access any part of the Service through any automated means (including any robot, spider, site search or retrieval application); provided, however, that public search engines may use spiders for the sole purpose of indexing the Service, subject to compliance with the instructions set out in any robots.txt file present on the Service;

f. that you will not harvest or collect email addresses or other contact information of other Users for the purposes of sending unsoliciated emails or other unsolicited communications;

g. that the Service may include advertisements and that these advertisements are necessary for FoodDigger to provide the Service;

h. that the Service may include certain communications from FoodDigger, such as service announcements, administrative messages and newsletters, and that these communications are considered part of FoodDigger membership and you will not be able to opt out of receiving them; and

i. that in the course of using the Service, you may be exposed to Content that you find offensive or objectionable.

6.1 You are responsible for all Content that you post on or transmit through the Service and agree that the following Content is prohibited:

a. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual property or proprietary right of any party;

b. Content that exploits children or minors;

c. Content that is obscene, pornographic, indecent, lewd, suggestive, or invasive of privacy or publicity rights;

d. Content that, in the sole judgment of FoodDigger, was posted for malevolent purposes, including, but not limited to, libel, slander, defamation, threat, harassment or abusive purposes;

e. Content that may be deemed grossly offensive or inflammatory to the Service community, including, but not limited to, expressions of bigotry, prejudice, racism, hatred or profanity;

f. Content that is fraudulent or impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity;

g. Advertisements, promotions, solicitations or offers to sell any goods or services for any commercial purpose, unless otherwise approved by FoodDigger in writing;

h. Content that is unlawful or promotes or provides instructional information about illegal or illicit activities;

i. Content that contains private information of any third party, including addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;

j. Content that transmits or contains viruses, corrupted files, or any similar element; and

k. Content that, in the sole judgment of FoodDigger, is objectionable or which restricts or inhibits any other person from using or enjoying any area of the Service, or which may expose FoodDigger or its users to any harm or liability of any type.

6.2 We examine the Content on the Service on a regular basis and we maintain the absolute right (though not the obligation) to remove any Content that does not meet the standards listed above, in our sole discretion. We also reserve the right to terminate your access to the Service if you fail to abide by these TOS.

6.3 We are not responsible for the loss, deletion, failure to store, misdelivery, or untimely delivery of any Content submitted to or transmitted through the Service.

7.1 By posting or distributing Content to or through the Service, unless we indicate otherwise, you:

a. grant FoodDigger, its licensees, and successors and assigns a nonexclusive, perpetual, irrevocable, worldwide, sub-licensable, royalty-free license to use, store, display, publish, transmit, transfer, distribute, reproduce, rearrange, edit, modify, aggregate your Content with other Content, create derivative works of and publicly perform that Content on any media, in any form, medium, or technology now known or later developed;

b. grant FoodDigger, its licensees, and successors and assigns, the right, but not the obligation, to use your Member name, city, and state in connection with any use of your Content; and

c. represent and warrant that (i) you own and control all of the rights to the Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such Content to or through the Service; (ii) such Content is accurate and not misleading; and (iii) use and posting or other transmission of such Content does not violate these TOS and will not violate any rights of or cause injury to any person or entity. You further grant FoodDigger the right to pursue at law any person or entity that violates your or FoodDigger's rights in the Content by a breach of these TOS.

7.2 No Content submitted by Users will be considered confidential and FoodDigger is under no obligation to treat such Content as confidential or proprietary information. Without limiting the foregoing, FoodDigger reserves the right to use the Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. FoodDigger is under no obligation to offer you any payment for Content that you submit or the opportunity to edit, delete or otherwise modify Content once it has been submitted to FoodDigger. FoodDigger shall have no duty to attribute authorship of Content to you, and shall not be obligated to enforce any form of attribution by third parties.

7.3 If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by FoodDigger or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release FoodDigger, and its licensees, successors and assigns, from any claims that you could otherwise assert against FoodDigger by virtue of any such moral rights.

8.1 If you believe that material posted on the Service infringes upon any copyright that you own or control, or that any link on the Service directs users to another Web site that contains materials that infringes upon any copyright that you hold or control, you may file a notification of such infringement with our Copyright Agent by providing the following information:

a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

b. a description of the copyrighted work or other intellectual property that you claim has been infringed;

c. a description of where the material that you claim is infringing is located on the Service (including the exact URL);

d. your address, telephone number, and email address;

e. 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

f. 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.

8.2 FoodDigger's Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

8.3 We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's address in our records.

THE SERVICE AND ALL CONTENT, SOFTWARE, AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED BY FOODDIGGER ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FOODDIGGER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE AND THE CONTENT, SOFTWARE, AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FOODDIGGER DOES NOT WARRANT THAT THE SERVICE; CONTENT, SOFTWARE, OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE; THE FOODDIGGER SERVERS; OR E-MAIL SENT FROM FOODDIGGER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NEITHER FOODDIGGER NOR ANY OF PROVIDERS SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICE OR FROM ANY, CONTENT, SOFTWARE, OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE OR FROM ANY CONTENT, SOFTWARE, OR PRODUCTS CONTAINED IN OR ACCESSIBLE THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY CONTENT OR OTHER INFORMATION OBTAINED FROM FOODDIGGER OR ACCESSIBLE VIA THE SERVICE, OR THAT RESULT FROM MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO FOODDIGGER'S RECORDS, PROGRAMS OR THE SERVICE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

By utilizing the Service you agree to indemnify, defend and hold FoodDigger and its officers, directors, employees, agents, and affiliates (collectively, the “Indemnitees”) harmless from and against any and all liabilities, losses, costs, and expenses (including attorneys' fees) incurred by the Indemnitees through your use of the Service, (ii) your violation of these TOS; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any claim that Content submitted by you caused damage to a third party, including without limitation claims that your Content is infringing. You also agree to take sole responsibility for any royalties, fees or other monies owed to any person by reason of any Content you post or transmit through the Service or the services we provide.

By submitting ideas, documents, or suggestions (collectively, "Comments") to FoodDigger via any of its bug reporting, feedback or suggestion links, webpages or email addresses, you acknowledge and agree that: (a) your Comments do not contain confidential or proprietary information; (b) FoodDigger shall be entitled to use or disclose (or choose not to use or disclose) such Comments for any purpose, in any way, in any media worldwide; and (c) your Comments automatically become the property of FoodDigger without any obligation to you; and (d) you are not entitled to any compensation or reimbursement of any kind from FoodDigger under any circumstances.

By visiting FoodDigger, you agree that the laws of the State of California, without regard its conflict of laws provisions, will govern these TOS and any dispute of any sort that might arise between you and FoodDigger. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of Los Angeles. These TOS and all terms, guidelines and rules referenced herein contain the entire agreement between you and FoodDigger regarding the use of the Service. The failure of FoodDigger or you to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. These TOS are not assignable, transferable or sublicensable by you except with FoodDigger's prior written consent. The section titles in these TOS are for convenience only and have no legal or contractual effect.

If any provision of these TOS shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these TOS and shall not affect the validity and enforceability of any remaining provisions.