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Food Easy.com "Food Easy Club" Terms and Conditions EEEEEEEEEEEEEE 1. DESCRIPTION OF SERVICE Food Easy grants the User access to a wide scope of services including a personalized homepage. Unless explicitly stated, any new features that enhance the current Service and the release of new Food Easy products shall be subject to the TOS. Furthermore, Food Easy shall not be liable for the timeliness, deletion, mis-delivery or failure to store any User communications or personalization settings in "the Service. 2. USER'S RESPONSIBILITIES 2.1 REGISTRATION a.) The User must be over the age of twelve. Completion of registration and usage of any part of this system, site, or materials means that the User agrees to: b.) Private Information will be subject to Food Easy's Privacy Policy in Section 4. i. c.) Once the User has completed the Service's registration process, the User will receive a password and account login name. It is the sole responsibility of the User for maintaining the confidentiality of the password, account login name and any other information of the User's account. The User will be fully responsible for all activities that occur under the User's password or account. The User agrees to: d.) The User may enter into correspondence with or participate in promotions and products offered by Food Easy's partners and advertisers (the "Promoters") on the Service. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the User and the Food Easy's Promoters. Food Easy assumes no liability, obligation or responsibility for any part of any such correspondence or promotion. 2.2 CONTENT GUIDE a.) The User understands that all information, data, text, photographs, graphics, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that the User, and not Food Easy, is entirely responsible for all Content that the User uploads, posts, emails or otherwise transmits using the Service. Food Easy does not control the Content posted via the Service and, does not guarantee the accuracy, integrity or quality of such Content. b.) The User undertstands that by using the Service, the User may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Food Easy be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted through the Service. c.) The User shall not uload, post, email or transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable d.) Food Easy and its designees have the right to refuse, edit or move any Content that violates the TOS or is otherwise objectionable. The User agrees to evaluate, and to bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. The User has no right to collect or to store personal data about other Users. e.) The User shall comply with all Hong Kong Special Administration Region ("SAR") rules regarding online conduct and acceptable Content. The User shall specifically comply with all applicable laws regarding the transmission of technical data exported from the Hong Kong SAR or the country in which the User resides. f.) The links included within the Service may let the Users leave the Service web sites ("Linked Sites"). The Linked Sites are not under the control of Food Easy and Food Easy is not responsible for the contents of any Linked Sites or any link contained in a Linked Site, or any changes or updates to such sites. Food Easy is n responsible for webcasting or any other form of transmission received from any Linked Site. 2.3 MEMBER CONDUCT a.) User shall not: 3. PUBLIC CONTENT 3.1 The User grants Food Easy: i. the world-wide, royalty-free and non-exclusive license to use such Content on the Service, with respect to Content, including photos or other graphics, the User elects to post for inclusion in publicly accessible areas of Food Easy; and 4. INDEMNIFICATION The User agrees to indemnify and hold Food Easy, Food Easy's parents, subsidiaries, affiliates, and employees, harmless from any claim or demand, including, but not limited to, attorney fees, made by any third party due to or arising out of Content the User has submitted, posted or transmitted through the Service, the User's use of the Service, the User's connection to the Service, the User's violation of the TOS, or the infringement by the User, the User's violation of any rights of another. 5. NO RESALE OR COMMERCIAL USE OF THE SERVICE The User agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service, without the express consent of Food Easy. 6. GENERAL PRACTICES REGARDING USE AND STORAGE 6.1 Food Easy reserves the right to establish the maximum number of days wherein email messages or uploaded Content will be retained by the Service. 6.2 Food Easy reserves the right to establish the maximum number of email messages and the maximum size of any email message that may be sent from or received by an account on the Service. Some email messages may not be processed due to space constraints or outbound message limitations. 6.3 Food Easy reserves the right to establish the maximum disk space that will be allotted on Food Easy's. servers on the User's behalf, and the maximum number of times (and the maximum duration for which) the User may access the Service in a given period of time. 6.4 Food Easy has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. 6 .5 Food Easy reserves the right to log off accounts that are inactive for an extended period of time. Furthermore, Food Easy reserves the right to change these general practices and limitations at any time, in Food Easy's sole discretion, with or without notice. 7. MODIFICATIONS TO SERVICE Food Easy reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Food Easy shall not be liable to the User or to any third party for any modification, suspension or discontinuance of the Service. 8. TERMINATION 8.1 Either the User or Food Easy may terminate the Service with or without cause at any time and effective immediately. The User's termination shall be accompanied by a written notice to Food Easy. Food Easy shall not be liable to User or any third party for termination of Service. 8 .2 Food Easy may terminate the User's password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Food Easy believes that the User has violated or acted inconsistently with the letter or spirit of the TOS. Food Easy will immediately terminate any account, which Food Easy believes, in Food Easy's sole discretion, is transmitting or otherwise connected with any span or or other unsolicited bulk email. 8 .3 Food Easy may at any time discontinue providing the Service, or any part thereof, with or without notice. Any termination of the the User access to the Service under any provision of this TOS may be effected without prior notice. Food Easy may immediately deactivate or delete the User's account and all related information and files in the User's account and/or bar any further access to such files or the Service. Food Easy shall not be liable to the User or any third-party for any termination of the User's access to the Service. 9. LINKS Food Easy is not responsible or liable for the availability, the endoresments for any Content, advertising, products, or other materials on or available from external sites or resources. Furthermore, FoodE shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. 10. TRADEMARK INFORMATION User shall not display or use the Food Easy's logo and products in any manner without Food Easy's prior permission. 11. VIOLATIONS 11.1 Food Easy respects the intellectual property of other and Food Easy asks our Users to do the same. If there are any works that you, the User, believes has been copied in a way that constitutes copyright infringement or any violations of the TOS, please do not hesitate to contact Food Easy's customer service through any of the communication methods below: Mail: 6th, Kam Ping Building, 93 King’s Road, North Point, Hong Kong. Email: info@foodeasy.com Fax: (852) 2543 4322 11 .2 If any provision(s) of this agreement is held by a court of jurisdiction to be contrary to law, then such provision(s) shall be construed, within one year, to reflect the intentions of the parties.
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