Date of Last Revision: 25th March 2011
ETG is intended solely for users who are 13 years of age or older. Any registration or use by anyone under 13 years old is unauthorized, unlicensed and in violation of these Terms. By using ETG the user represents and warrants that the user is above 13 years of age and agrees to abide by all the Terms.
The user must not register more than one user account or on behalf of another person. The user must not give incorrect information or impersonate or misrepresent the user's age or attributes.
ETG is a world-wide website that seeks to link users with a common interest in food. ETG operators will endeavour to uphold the integrity of the Content. However, ETG operators cannot guarantee and will not be held responsible for the accuracy of individuals, groups, places and businesses in the Content. The user is responsible for all Content uploaded onto ETG. Please be aware that Content is viewed by other users, third parties and service providers and the user should not provide any Content that the user is not comfortable sharing. ETG is predominantly for personal comment and any unlicensed commercial or personal abuse or similar activities of ETG will be disallowed, removed or prosecuted where possible.
By using ETG, the user agrees not to post, transmit or share any material on ETG that:
- The user did not create or does not have permission to post, transmit or share on ETG.
- May be offensive, illegal (in relevant local, national or international jurisdiction), fraudulent or objectionable.
- May violate, threaten or harm the safety of other users.
- May harm, damage, impair or unduly burden ETG or its service provider.
- May collect E-mail addresses or contract information from other users for purposes of advertising or sending unsolicited emails.
- Contains any software virus, robot, spider, other automated device, or manual process to monitor or copy any content from ETG or damage, interrupt or limit the functionality of any computer software, hardware or telecommunication equipment.
- Is advertising of any kind not reasonably linked to the user's directly uploaded Content.
- Is used to unfairly criticise or defame third parties, businesses or other users that is grossly unwarranted or for commercial or personal gain whether direct or indirect.
- Is in excessive bad faith or flagrantly dishonest.
ETG operators have the sole discretion but not the obligation, without notice or reason, to remove, alter or modify any Content placed on ETG. It is the user's sole responsibility and expense to back up files in the event this discretion is exercised. Please inform ETG if the user believes any Content has been removed, altered or modified unfairly and ETG will endeavour to rectify the problem or provide reasons for such removal, alteration or modification.
All right, title, and interest in and to the ETG services (not including Content uploaded by users) will remain the exclusive property of ETG and its licensors. ETG is protected by copyright and other laws in Australia and foreign nations. No right is given to the user to use the ETG name, logos, domain names, and other distinctive brand features.
Provided eligibility requirements are satisfied, users are granted a limited licence to use and access ETG for personal and non-commercial use provided all necessary copyright issues are fulfilled. Content not provided by a user may not be uploaded, modified or collected for a database or compilation without express consent by ETG operators. This license is revocable at any time without notice and with or without cause.
By using ETG and its services, the user agrees to allow ETG operators to make copies of Content provided by the user in order to facilitate posting and storage requirements of ETG. The user also agrees to allow ETG to modify Content uploaded without notice or reason.
The user has full intellectual property and proprietary rights of Content uploaded by the user on ETG as between ETG operators and the user. However, posting or uploading of any Content represents and warrants that the user grants and has the right to grant ETG a perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorise sublicenses of the foregoing. This licence automatically expires upon removal of Content by the user from ETG but ETG has the right to retain copies of archived Content for such use.
Third Party Content
The user must only upload or post Content that the user has created or has permission to post or upload on ETG and the user should only upload Content that is reasonably accurate. ETG operators are not obligated to investigate, review, monitor or check the accuracy of Content uploaded by users. Any third party sites, hyperlinks, software or applications on ETG does not imply approval or endorsement by ETG operators. Any use of such third party content is not governed by the Terms and the user uses such third party content at his or her own risk.
ETG respects copyright and endeavours to prevent users from posting, uploading or transmitting any Content that violates intellectual property rights. ETG appreciates any complaints of copyright infringement and will endeavour to deal with complaints through investigation, removal of content, prosecution and other reasonable measures where possible.
ETG operators may terminate or delete the user's membership, profile and any Content posted on ETG for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that the user is under 13 years of age. The user is encouraged to contact the ETG operators if he or she believes that his or her membership has been unfairly modified or terminated.
Waiver and Severability
The failure of ETG operators to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms is held invalid, the remainder of the Terms shall continue in full force and effect. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms constitute the entire agreement between the user and ETG operators regarding the use and service of ETG, superseding any prior agreements between the user and ETG.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ETG OPERATORS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) THE USER'S ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ETG SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY USING ETG SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM ETG SERVICES; AND (iv) UNAUTHORISED ACCESS, USE OR ALTERATION OF THE USER's TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT ETG HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
The user agrees to indemnify ETG operators, its subsidiaries and affiliates harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal representation fees, arising out of or in connection with any Content the user posts or shares on or through the ETG and the user's conduct in connection with ETG or with other ETG users, or any violation of these Terms or of any law or the rights of any third party.
Jurisdiction and Choice of Law
These Terms and any action related thereto will be governed by the laws of New South Wales, Australia without regard to or application of its conflict of law provisions with the user's relevant jurisdiction or residence. All claims, legal proceedings or litigation arising in connection with ETG will be brought solely in New South Wales, Australia, and the user consents to the jurisdiction of and venue in such courts and waives any objection as to inconvenient forum.
ETG provides rules for user conduct and postings but ETG operators cannot control and are not responsible for what users post, transmit or share on ETG. Accordingly ETG operators are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable Content users may encounter on the ETG. ETG operators are not responsible for the conduct, whether online or offline, of any user of ETG or ETG services.
ETG makes no warranty and disclaims all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of ETG services or any Content thereon. ETG will not be responsible or liable for any harm to the user's computer system, loss of data, or other harm that results from access to or use of ETG services, or any Content.
ETG may be unavailable from time to time due to maintenance or other reasons. ETG makes no warranty that the ETG services will meet user's requirements or be available on an uninterrupted, secure, or error-free basis. ETG assumes no responsibility for losses that may arise from any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, user uploaded Content.
Please email firstname.lastname@example.org for any issues regarding these Terms. Complaints regarding potential copyright infringements or misuse of ETG services are greatly appreciated. These complaints should be accompanied with relevant information, description and proof if possible. This includes a physical or electronic signature of the copyright owner, identification of the copyrighted work claimed to have been infringed, identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, information reasonably sufficient to permit us to locate the material and the complainants contact information.
Feedback, comments, suggestions or complaints about suspended/ terminated/modified user accounts should be directed to email@example.com. Any feedback, comments, or suggestions you may provide regarding ETG, or its services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
If you have any questions, please contact:
EatTheGlobe Legal Team
Effective: 25 March 2011