These Terms of Service (“Terms”) govern your access to and use of the Foodyolla website, apps, APIs, and widgets (“Foodyolla” or the “Service”). Please read these Terms carefully, and contact us if you have any questions. By accessing or using Foodyolla, you agree to be bound by these Terms and our Community Guidelines.
Foodyolla helps you discover and do what you love. To do that, we show you things we think will be relevant, interesting and personal to you based on your onsite and offsite activity. To provide our Service, we need to be able to identify you and your interests. Some of the things we show you are promoted by advertisers. As part of our service, we try to ensure that even promoted content is relevant and interesting to you. You can identify promoted content because it will be clearly labeled.
2. Using Foodyolla
a. Who can use Foodyolla
You may use Foodyolla only if you can legally form a binding contract with Foodyolla, and only in compliance with these Terms and all applicable laws. When you create your Foodyolla account, you must provide us with accurate and complete information. You can’t use Foodyolla if it would be prohibited by U.S. sanctions. Any use or access by anyone under the age of 13 is not allowed. If you’re based in the EEA, you may only use Foodyolla if you are over the age at which you can provide consent to data processing under the laws of your country or if verifiable parental consent for your use of Foodyolla has been provided to us. Using Foodyolla may include downloading software to your computer, phone, tablet, or
b. Our license to you
Subject to these Terms and our policies (including our Community Guidelines), we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Service.
3. Your content
Foodyolla allows you to post content, including photos, comments, links, and other materials. Anything that you post or otherwise make available on Foodyolla is referred to as “User Content.” You retain all rights
b. How Foodyolla and other users can use your content
You grant Foodyolla and our users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform, and distribute your User Content on Foodyolla solely for the purposes of operating, developing, providing, and using Foodyolla. Nothing in these Terms restricts other legal rights Foodyolla may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content, or change the way it’s used in Foodyolla, for any reason. This includes User Content that we believe violates these Terms, our Community Guidelines, or any other policies.
c. How long we keep your content
Following termination or deactivation of your account, or if you remove any User Content from Foodyolla, we may keep your User Content for a reasonable period of time for backup, archival, or audit purposes. Foodyolla and its users may retain and continue to use, store, display, reproduce, re-post, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared on Foodyolla.
d. Feedback you provide
We value hearing from our users and are always interested in learning about ways we can make Foodyolla more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Foodyolla doesn’t waive any rights to use similar or related Feedback previously known to Foodyolla, or developed by its employees, or obtained from sources other than you.
4. Copyright policy
Foodyolla has adopted and implemented the Foodyolla Copyright Policy in accordance with the Digital Millennium Copyright Act and other applicable copyright laws. For more information, please read our Copyright Policy.
We care about the security of our users. While we work to protect the security of your content and account, Foodyolla can’t guarantee that unauthorized third parties won’t be able to defeat our security measures. We ask that you keep your password secure. Please notify us immediately of any compromise or unauthorized use of your account.
6. Third party links, sites, and services
Foodyolla may contain links to
Foodyolla may terminate or suspend your right to access or use Foodyolla for any reason on appropriate notice. We may terminate or suspend your access immediately and without
If you use Foodyolla for commercial purposes, you agree to indemnify and hold harmless Foodyolla, their affiliates and their respective officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to your access to or use of our Service, your User Content, or your breach of any of these Terms.
Our Service and all content on Foodyolla is provided on an “as is” basis without warranty of any kind, whether express or implied.
Foodyolla specifically disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade.
Foodyolla takes no responsibility and assumes no liability for any User Content that you or any other person or third party posts or sends using our Service. You understand and agree that you may be exposed to User Content that’s inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
If you’re a consumer in the EEA, we don’t exclude or limit any liability for gross negligence, intent, or death or personal injury caused by our negligence or willful misconduct.
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Foodyolla SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL Foodyolla’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED ONE HUNDRED U.S. DOLLARS (
If we cause damage to you and you’re a consumer in the EEA, the above doesn’t apply. Instead, Foodyolla’s liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of contract. Foodyolla isn’t liable for damages that result from a non-material breach of any other applicable duty of care. This limitation of liability won’t apply to any statutory liability that cannot be limited, to liability for death or personal injury caused by our negligence or willful misconduct, or if and to exclude our responsibility for something we have specifically promised to you.
For any dispute you have with Foodyolla, you agree to first contact us and try to resolve the dispute with us informally. If we need to contact you, we will do so at the email address on your Foodyolla account. If Foodyolla hasn’t been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms through binding arbitration or (for qualifying claims) in small claims court.
Arbitration is a more informal way to resolve our disagreements than a lawsuit in court. For instance, arbitration uses a neutral arbitrator instead of a judge or jury, involves more limited discovery, and is subject to very limited review by courts. Although the process is more informal, arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Service, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Foodyolla are each waiving the right to a trial by jury or to participate in a class action. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. This arbitration provision shall survive termination of this Agreement and the termination of your Foodyolla account.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND Foodyolla ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. To the extent any claim, dispute or controversy regarding Foodyolla or our Service isn’t arbitrable under applicable laws or otherwise: you and Foodyolla both agree that any claim or dispute regarding Foodyolla will be resolved exclusively in accordance with Section 12 of these Terms.
If you’re a consumer in the EEA, Section 11 doesn’t apply to you.
12. Governing law and jurisdiction
These Terms shall be governed by the laws of Ukraine, without respect to its conflict of laws principles.
13. General terms
Notification procedures and changes to these Terms
We reserve the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if that’s what we decide. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our discretion, is material, we’ll notify you. By continuing to access or use Foodyolla after revisions become effective, you agree to be bound by the new Terms. If you don’t agree to the new terms, please stop using Foodyolla.
These Terms and any rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned by Foodyolla without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. If you’re a consumer in the EEA, either you or Foodyolla may assign this agreement, and any rights and
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Foodyolla’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
These Terms are a contract between you and Foodyolla.
Effective April 1, 2017