By using the nosh.com site, you're agreeing to these terms
Please read the information below to learn the following regarding your use of this Site:
You are responsible for any consequences of violating these terms
You agree that you are solely responsible for any breach of your obligations under the Terms and for the consequences (including any loss or damage which Nosh may suffer) of any such breach. If you have created an Account or contributed Content ("Your Content") to Nosh, you recognize that violation of these Terms may result in termination of your account and loss of access to Your Content contributed to Nosh.
The failure of Nosh to exercise or enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
We may modify these terms without explicit notice
These Terms of Service apply to all current features and to new features that are added to the existing Service.
Nosh reserves the right to modify these Terms of Service without explicit notice. We will notify members with active accounts of material changes to these Terms of Service by email or by posting a notice on our Site. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review our current Terms of Service at any time at http://www.nosh.com/terms
Content may not be accurate, use at your own risk
Because Nosh relies on User Generated Content, Third Party Content and links to Third Party Content, Nosh makes no claim of accuracy of any User Generated Content or Third Party Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. User Content and Third Party Content do not represent the advice, views, opinions or beliefs of Nosh.
All Content is the sole responsibility of the person who generated that content. We may not monitor or control the Content posted via the Services, and we cannot take responsibility for such Content.
The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of such websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Nosh. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You may encounter inappropriate content
By accessing the Service or following links to third-party websites you may be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. While Nosh does not endorse and reserves the right to remove such Content, you acknowledge and agree that Nosh cannot be responsible for such Content and that you nonetheless may be exposed to such materials.
Content may be protected by copyright laws
Content presented to you as part of the Service may be protected by intellectual property rights which are owned by the person providing that content to Nosh (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this content (either in whole or in part) unless you have been specifically told that you may do so by Nosh or by the owners of that content, in a separate written agreement.
Content may be stored or transmitted by third party vendors
Nosh uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
The technical processing and transmission of the Service, including Your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Mapping services are powered by Google
You are responsible for your mobile carrier's fees
The Nosh Service includes certain services that are available via your mobile phone. You are responsible for any fees charged by your mobile carrier for using Mobile Services, including but not limited to SMS messages sent to and received from Nosh.
You must create an account and provide accurate information
To access certain features of the Service and to contribute Your Content to Nosh, individuals 13 years of age or older may create an Account of behalf of themselves or a business.
To create an Account, you may be required to provide information about yourself (such as an email address). You agree that any registration information you give to Nosh will always be accurate, correct and up to date. You must not impersonate someone else or provide an email address other than your own. You agree to use the Nosh Site, Services, mobile apps in a manner consistent with their intended use and You must not use any Nosh Services as a generic image hosting service for banner advertisements, graphics etc.
You are responsible for your account security and activity
You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage caused by your failure to comply with this security obligation.
You will be held responsible for all Your Content posted and all activity that occurs under your account.
Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You are responsible for whatever you post and may not be able to take it back
You are responsible for your use of the Services, for any content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.
By submitting or posting Content to Nosh, while you retain intellectual property rights to Your Content, you understand that you may not be able to remove or edit your content within Nosh. While we will make a reasonable effort to enable you to edit or remove content, the public, indexed nature of Nosh makes it impossible to guarantee that content can be removed or changed entirely.
Only contribute content that's yours
All content posted on the Service must comply with U.S. copyright law. You represent and warrant that (i) you own or otherwise possess all rights to use your User Submissions; (ii) you have the permission to use the name and likeness of each identifiable individual person and to use such individual's identifying or personal information; (iii) you are authorized to grant all of the rights described in the Nosh Terms of Service; and (iv) the use of your User Submissions as contemplated by this Agreement will not infringe or violate any intellectual property, privacy, publicity, contract or other rights of any person or entity.
If you do not have the right to submit Content for such use, it may subject you to liability. Nosh will not be responsible or liable for any use of your Content by Nosh in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
Your content always belongs to you
We claim no intellectual property rights over the material you provide to Nosh Service. You retain copyright and any other rights you already hold in any Content which you submit, post or display on or through the Service. Content you contribute to Nosh remains yours.
By contributing it, you grant Nosh rights to display and use it
By submitting, posting or displaying Content on or through the Services, you grant Nosh a worldwide, non-exclusive, perpetual, irrevocable, fully paid, royalty-free license (with the right to sublicense and transfer) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed) in connection with the Nosh Service or promotional materials.
Your content may be modified for technical reasons
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
We welcome commercial use of Nosh by small businesses and organizations for the following purposes, as long as your relationship to the business is clear: sharing photos of food available at your small business; incentivizing users to rate, review and share foods at your business; creating guides including foods created by your business; and hosting competitions to promote your business or event. Any other commercial use, must be approved in advance by Nosh. We do not permit commercial users to incentivize other users to vote up their foods on Nosh. Please contact us at team [at] nosh.com with a description of your intended use.
Removal of Content and Account Termination
We reserve the right to remove content and accounts
Nosh, in its sole discretion, has the right to remove content and suspend, terminate or deactivate your account at any time, without notice and without liability, for any reason, including but not limited to violation of Terms of Service, infringing on Intellectual Property and inactivity. We reserve the right to reclaim any username created by a Nosh user on behalf of businesses or individuals that hold legal claim or trademark on that username.
We reserve the right to monitor and review Your Account, Your Content and your activity for compliance with these Terms of Service. We may terminate or suspend your account or ability to use the Service if you breach the Terms of Service, and we may remove any Content that unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property rights.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Nosh customer, employee, member, or officer may result in immediate account termination.
You may deactivate your account, but contributed content may remain
You may request to deactivate your account at any time by contacting Nosh. If you deactivate your account, we will use commercially reasonable efforts to stop displaying your profile on the Service, but may continue to display Your Content, particularly as it involves others (e.g., if you created a Sighting that other users have commented on and augmented).
Access to your content is not guaranteed
Termination, suspension or deactivation could prevent you from accessing your account, the Service, Your Content, Service Content, or any other related information. Upon termination, suspension or deactivation, you retain ownership of Your Content you've contributed or created, but access to Your Content within Nosh may be restricted. We have no obligation to retain or provide you with copies of Your Content. You are responsible for backing up and archiving your content.
Copyright Notification Process
We care about legitimate copyright infringement
It is Nosh's policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers.
To file a claim of infringement, please use the format suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Service) to send a notice -- including (1) the location of the copyrighted work described in sufficient detail so that we may find it on the Service, (2) a link to the original location of the content in question, (3) adequate contact information for us to contact you promptly (phone number and email address is preferred), (4) the statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law. I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed," and (5) a digital or physical signature -- to the following address:
Attn: Copyright Infringement
326 St. Mary’s Street
Pleasanton, CA 94566
Email: copyright [at] nosh.com
Be aware that if you materially misrepresent that a product or activity is infringing your copyrights, you may be liable for any damages (including costs and attorneys' fees). If you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
Do not use the Service for any illegal purposes
You agree that you will not, and will not assist or enable others to:
Use the Service to submit or transmit pornography or illegal content;
Use the Service to solicit personal information from minors or to harm or threaten to cause harm to minors;
Use the Service to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user's use of the Service;
Use the Service to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;
Use the Service in a manner that may create a conflict of interest, such as trading reviews with other business owners or writing or soliciting shill reviews;
Use the Service for keyword spamming or to otherwise attempt to manipulate natural search results;
Use the Service to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
Use the Service for any illegal or unauthorized purpose (international users agree to comply with laws in their jurisdiction regarding online conduct and acceptable content);
Use the Service in violation of the Terms of Service.
Do not violate the Service or its security
You agree that you will not, and will not assist or enable others to:
Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Service or Service Content (other than Your Content), except as expressly authorized by Nosh;
Decipher, decompile, disassemble, reverse engineer or otherwise attempts to derive any source code or underlying ideas or algorithms of any part of Nosh;
Transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses");
Remove or modify any copyright, trademark or other proprietary rights notice on the Service or on any materials printed or copied off of the Service;
Record, process, or mine information about other users;
Use any robot, spider, Service search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the Service or any Service Content except as permitted by robots.txt;
Modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service;
Take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on Nosh's technology infrastructure;
Access (or attempt to access) any of the Service through any automated means (including use of scripts or web crawlers);
Engage in any activity that interferes with or disrupts the Service;
Attempt to gain unauthorized access to the Service, user accounts, computer systems or networks connected to the Service through hacking, password mining or any other means;
Use any device, software or routine that interferes with the proper working of the Service, or otherwise attempt to interfere with the proper working of the Service;
Use the Service to violate the security of any computer network, crack passwords or security encryption codes;
Access, tamper with, or use non-public areas of the Services, Nosh's computer systems, or the technical delivery systems of Nosh's providers;
Forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of Service Content, or features that enforce limitations on the use of the Service.
Nosh’s Proprietary Rights
Unless you have agreed otherwise in writing with Nosh, nothing in the Terms gives you a right to use any of Nosh's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
The look and feel of Nosh is copyright ©2011 Nosh. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Nosh.
You acknowledge and agree that Nosh (or Nosh licensors and their suppliers, as applicable) own all legal right, title, and interest in and to the Service and Content, including any intellectual property rights that exist in the Service and the Content (whether or not those rights are registered) wherever in the world those rights may exist.
Nosh and the Nosh wordmark are trademarks of Nosh.
Feedback is welcome, but we cannot offer other recourse
We may display targeted advertising on our Site
Some of the Nosh Services may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to Nosh Content, User Generated Content, queries, or other information. The manner, mode, and extent of advertising by or permitted by Nosh on the Site and mobile apps are subject to change without specific notice to you. In consideration for Nosh granting you access to and use of the Site, mobile apps, and Services, you agree that Nosh may place such advertising on the Site, mobile apps, and APIs.
Disclaimer of Any Warranty
We can change or discontinue the Service at any time
Nosh reserves the right to modify, update, place limits on, charge for or discontinue the Service or aspects of the Service at our sole discretion, at any time, for any or no reason, and without notice or liability.
We make no promises
You expressly understand and agree that your use of the Service is at your sole risk and that the Service is provided "AS IS" and "AS AVAILABLE." in particular, Nosh does not represent or warrant to you that:
Your use of the Service will meet your requirements or needs;
Your use of the Service will be uninterrupted, timely, secure or free from error;
Any information obtained by you as a result of your use of the Service will be accurate or reliable, including but not limited to business information and rankings;
That defects in the operation or functionality of any software provided to you as part of the Service will be corrected;
Any content or software available at or through Nosh is free of viruses or other harmful components.
Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from Nosh or through or from the Service shall create any warranty not expressly stated in the terms.
Nosh further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
Our liability is limited
You expressly understand and agree that Nosh and its licensors shall not be liable to you for:
1. Any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or Services, or other intangible loss;
2. Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
Communications or dealings with any of the business or users of the Service
Any changes which Nosh may make to the Service, or for any permanent or temporary cessation in the provision of the Service (or any features within the Service);
The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Service;
Your failure to provide Nosh with accurate account information;
Your failure to keep your password or account details secure and confidential;
Any bugs, viruses, trojan horses, or the like (regardless of the source of origination);
Any loss of data or damage to your computer from viruses that may be downloaded to your computer in the course of using the Service.
Some jurisdictions do not allow the exclusion of certain warranties, the limitation or exclusion of implied warranties, or limitations on how long an implied warranty may last, so the above limitations may not apply to you. If you reside in such a jurisdiction, the above limitations shall apply to you to the fullest extent permitted under applicable law.
The limitations on Nosh's liability to you shall apply whether or not Nosh has been advised of or should have been aware of the possibility of any such losses arising.
Nosh's maximum aggregate liability to you for any causes whatsoever, and regardless of the form of action (whether such liability arises due to negligence, breach of contract, misrepresentation or for any other reason), will at all times be limited to the greater of (i) the amount paid, if any, by you to Nosh in connection with the Service in the 12 months prior to the action giving rise to liability or (ii) US$100.00.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Contra Costa County, California, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
For More Information
If you have any questions regarding our Terms of Service, please contact us by sending an email to contact [at] nosh [dot] me.