Nosh - Terms of Service
Copyright 2017 Firespotter Inc.
All rights reserved
NoshList Terms of Service

Firespotter, LLC ("Firespotter", aka “NoshList”, "we", "us", "our") owns and operates the website www.nosh.com/list (the "Site" or the "Service"). Each visitor to the Site ("you") is subject to the following Terms of Use (the "Terms"). Please read them carefully before using the Service. If you visit the Site, you accept these Terms; if you do not, then you may not use the Service. NoshList reserves the right to make changes to the Site and these Terms at any time, effective when posted on the Site. Your continued use of the Service after such notice will constitute acceptance by you of such changes. We encourage you to review the Site and these Terms periodically for any updates or changes. From time to time, the Service may not be available for any reason including, but not limited to, routine maintenance or technical problems. By your continued use of the Service, you understand and acknowledge that access to the Site may be interrupted, suspended, terminated, or otherwise limited from time to time, and this in no way holds NoshList liable for any damages arising out of your access to the Site (see LIMITATION OF LIABILITY below). Further, NoshList reserves the right to refuse service, terminate accounts, and remove or edit content (including 3rd party content) available on the Site. NoshList does not sell products to or provide content for children. You must be at least 18 years of age to use the Service, however if you are at least 13 years of age, you may access the Site with the involvement of a parent or guardian.

Privacy Policy

The privacy of your personally identifiable information is very important to us. Please review our Privacy Policy, which also governs your visit to the Site, to understand our practices.

Electronic Communications

When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All information included on the Site, such as text or copy, graphics, designs, logos, button icons, images, audio and video clips, digital downloads, and software (collectively "Content"), is the property of Firespotter or its content suppliers and is protected by the United States and international copyright laws. By agreeing to these Terms, you agree not to modify, copy, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. NoshList does not control materials made available via the Service by third parties and is under no obligation to scan content used in connection with the Service for the inclusion of illegal or impermissible content. However, NoshList respects the copyright interests of others and does not permit materials known by us to infringe another party's copyright to remain on the Site.

Trademarks

NoshList and other Site graphics, logos, page headers, button icons, scripts, and service names present on the Site are trademarks, registered trademarks, or trade dress of NoshList in the U.S. and/or other countries. All other trademarks not owned by NoshList that appear on this Site are the property of their respective owners.

License and Site Access

NoshList grants you a limited license to access and make personal use of the Site and not to download (other than page caching) or modify them, or any portion of them, except with the express written consent of NoshList. This license does not include any resale or commercial use of the Site or their contents; any collection and use of any product or business listings, descriptions, or prices; any derivative use of the Site or their contents, or; any downloading or copying of account information for the benefit of another merchant. You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. You agree not to reproduce, duplicate, copy, sell, resell, or otherwise exploit the Site or any part thereof for any commercial purpose without the express written consent of NoshList. You are prohibited from framing or utilizing framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Site without express written consent. You are prohibited from using any meta tags or any other "hidden text" utilizing the Service's name or trademarks without the express written consent of NoshList. Any such breach terminates the license granted by NoshList. Hypertext linking to NoshList is permitted so long as the link does not portray NoshList, or its products and services in a false, misleading, derogatory, or otherwise offensive matter. NoshList reserves the right to disable any link to any website that we believe contains scandalous, offensive, obscene, scurrilous or inappropriate content or that, in the sole opinion of NoshList, adversely affects the goodwill of NoshList or any trademark or service mark of NoshList or its affiliates or content suppliers. You may not use any NoshList logo or other proprietary graphic or trademark as part of the link without the express written permission of NoshList.

Site Use and User Conduct

The Service may provide visitors to the Site an opportunity to post reviews, comments, and other content; send communications (e.g. email); submit suggestions, ideas, comments, questions, or other information; or otherwise interact with others and share thoughts, information and materials. By posting, commenting, interacting, or otherwise adding content or information to the Site (collectively "Submissions"), you grant NoshList the right to copy, edit, publish, and distribute your Submissions. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your communication or other content. NoshList reserves the right (but not the obligation) to remove or edit your Submissions, but does not regularly review posted content. You are solely responsible for your Submissions to the Site and agree that you will not hold NoshList responsible or liable for any content from other users that you access on the Site. You further agree to use the Service only for lawful purposes. The categories of prohibited content below are examples and are not intended to be exhaustive. Without limitation, you are prohibited from posting on the Site or transmitting through the Service, any content that: is illegal or encourages conduct that would constitute a criminal offense; is harmful, threatening, abusive, harassing, or defamatory; is vulgar, obscene, or sexually explicit; is profane or contains "masked" profanity (i.e. F#%@); is hateful, discriminatory or promotes racism, bigotry, or physical harm of any kind against any group or individual; is invasive of privacy; infringes intellectual property rights or promotes illegal or unauthorized copying of another person's copyrighted work; is fraudulent, inaccurate or misleading, or is otherwise objectionable content of any kind. You agree not to post or transmit to other users any content that contains: software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; any advertising, promotional materials, "junk mail", "spam", "chain letters", or any other mass mailing; "pyramid schemes", political campaigning, or any other form of solicitation.

Your Account Obligations

In consideration of your use of the Service, you agree to: provide true, accurate, and current information about yourself when creating an account; maintain the confidentiality of your account and password and restrict access to your computer; and accept responsibility for all activities that occur under your account or password. If you provide any information that is untrue, inaccurate, or not current, we reserve the right to suspend or terminate your account and refuse any and all current and future use of the Service. You further agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.

3rd Party Content

NoshList may permit 3rd Parties to publish content on the Site or include 3rd Party content via Application Programming Interfaces (APIs) including but not limited to graphics, text or copy, reviews, and pricing and promotional information. Despite our best efforts, typographical and/or pricing mistakes may, on rare occasions, appear on the Site, and NoshList cannot guarantee the price of any promotion or offer. NoshList is not the publisher or owner of this content and assumes no liability thereof. NoshList further assumes no liability for 3rd Party promotions and offers whatsoever, included but not limited to price, quality, value, or availability.

Limitation of Liability

THE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, CONTENT, MATERIALS AND PRODUCTS (INCLUDING SOFTWARE) MADE AVAILABLE THROUGH THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER AS TO THE OPERATION OF THE SERVICE OR THE INFORMATION, CONTENT, MATERIALS, AND PRODUCTS (INCLUDING SOFTWARE) MADE AVAILABLE THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NOSHLIST DOES NOT WARRANT THAT THE SERVICE; INFORMATION, CONTENT, MATERIALS OR PRODUCTS (INCLUDING SOFTWARE) MADE AVAILABLE THROUGH THE SERVICE; THEIR SERVERS; OR E-MAIL SENT FROM NOSHLIST ARE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOSHLIST SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE INCLUDING, WITHOUT LIMITATION, THE INFORMATION, CONTENT, MATERIALS AND PRODUCTS (INCLUDING SOFTWARE) MADE AVAILABLE THROUGH THE SERVICE AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES. NOSHLIST SHALL NOT IN ANY CASE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR DAMAGES ARISING FROM THE USE OF THE SERVICE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, OR PERSONAL INJURY / WRONGFUL DEATH EVEN IF NOSHLIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SERVICE (INCLUDING TERMS OF USE), YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. BECAUSE CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT BE APPLICABLE TO YOU.

Indemnity

You agree to indemnify, defend and hold harmless Firespotter, its officers, directors, employees, agents and business partners, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses including reasonable attorneys' fees arising from: any violation of these Terms; your content, information and other materials that you or anyone using your account post on the Service or transmit to other users; your use of information, content, materials and products (including software) made available by the Service, or; your violation of any rights of another.

Links

This Service may, on occasion, provide links to a third party's website. These links allow you to leave the Site, and we encourage you to be aware when you leave the Site and to read the terms and conditions and privacy statements of each and every third party website that you visit. The linked website are not under our control and we are not responsible for the contents of any linked website or any link contained in a linked website. NoshList is not responsible for examining or evaluating such website, does not warrant or endorse them, and is not affiliated with the offerings, content, or practices of any third party website.

Applicable Law

By visiting the Site, you agree that these Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without reference to its choice of law provisions. Any dispute arising out of or in connection with the Service shall be exclusively adjudicated in state or federal courts located in Contra Costa County, California. NoshList reserves the right to make changes to the Service, policies and these Terms. If any part of these Terms is ruled to be invalid, void or for any reason unenforceable, then such part shall be deemed severable or limited to the minimum extent necessary. The remainder of these Terms shall remain and be in full force and effect.

Copyright Complaints Procedure

If you believe that the Service has in any way copied your work or otherwise infringed a copyright, you should provide our copyright agent with a written notice that at a minimum contains: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; identification of the copyrighted work that you claim to have been infringed; the URL (i.e. web page address) of the location where the copyrighted work exists or information reasonably sufficient to permit us to locate the material; information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and/or email address; a statement that the complaining party has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement, made under penalty of perjury, that the information in the notification is accurate and that the complaining party owns or is authorized to act on behalf of the owner of the copyright. NoshList's Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows:

Copyright Agent NoshList Legal Department
328 St. Mary Street
Pleasanton, CA 94566
Email: copyright [at] firespotter [dot] com

Contact

NoshList
328 St. Mary Street
Pleasanton, CA 94566

Email: info [at] firespotter [dot] com

© Firespotter, LLC 2012. All rights reserved.