INRFOOD, Inc. Terms of Use

These terms of use (the "Terms of Use") form a legally binding agreement between you and INRFOOD, Inc. ("INRFOOD", "we", "us" or "our") regarding your use of the INRFOOD’s websites and mobile applications that link to or reference these terms of use (the "Service"). Some features or functionality provided on the Service may be governed by separate or supplemental agreements. When using particular features or functionality, you shall be subject to any posted guidelines or rules applicable to such features or functionality, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into this Terms of Use.

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THIS TERMS OF USE AND ALL OF THE TERMS, CONDITIONS AND NOTICES ON THE SERVICE JUST AS IF YOU HAD SIGNED SUCH TERMS, CONDITIONS AND NOTICES.

1. REGISTRATION INFORMATION

As a condition of your use of certain features and functions on the Service, we require that you register a unique user name and password combination. As part of the registration process, we require that you (a) provide INRFOOD with true, accurate, current and complete information as prompted by the INRFOOD’s registration forms and (b) update and maintain the truthfulness, accuracy and completeness of such information. Your user name and password are personal to you and you may not allow any others to use your user name or password under any circumstances. We are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your user name or password or any other need to deactivate your user name or password due to security concerns.

2. MINIMUM REQUIREMENTS

The Service is offered and made available only to users 18 years of age or older. If you are not yet 18 years old, or your use of the Service is prohibited or restricted in any way by the laws, regulations or other governmental requirements of the jurisdiction in which you live or reside, please discontinue using the Service immediately because by using or attempting to use the Service, you certify that you are at least 18 years of age and meet all other eligibility requirements for your use of the Service.

3. PRIVACY POLICY

INRFOOD has established a privacy policy to explain to you, and other users, how your personal information is collected and used (the "Privacy Policy"). The Privacy Policy is located at www.INRFOOD.com/Privacy. You hereby consent to the use and disclosure of your personal information as set forth in the Privacy Policy.

4. CONTENT

By posting or publishing any text, information, files, references, links, designs, comments, discussion, graphics, photos, works of art, multimedia works, video, music, sound and other content or information (the "Content") on or through the Service:

  • you grant INRFOOD a perpetual, non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use such Content. The foregoing license ends when you delete your Content from the Services or your account unless your Content has been shared with others or published on the Service (i.e., made available for others using the Services to see). When you delete your Content from the Service, the non-published Content is deleted and the published Content remains available for other persons using the Service to view. Removed Content may persist in backup copies for a reasonable period of time (but will not be available to others);
  • you represent and warrant that (i) the Content is original to you and/or fully cleared for use as contemplated herein, (ii) the Content does and will not, in any way, violate or breach any of the terms of this Terms of Use, (iii) the Content does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any federal or state statute or regulation, (iv) the Content is not obscene or in any other manner unlawful, (v) the Content shall not be injurious to the health of the user, and (vi) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Content; and
  • if your Content incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that (i) you have the right to grant INRFOOD the right to use all such Content as described above, (ii) the Content was produced in compliance with all applicable laws and regulations and (iii) for any Content that contains original videos, you will comply with any applicable identification verification and record-keeping requirements, and you will secure and maintain the requisite personal information and identification documentation for all individuals who appear in any such original videos, as may be required by law and/or otherwise requested or required by us in connection with our corporate compliance policies and practices, which includes (y) individual's full legal name, current address, date of birth and (z) a legible photocopy of a valid government-issued identification document (e.g., a U.S. passport, state driver's license or valid photo ID card) to verify the individual's identity. Please be aware that upon the submission of each such Content, you may be required to deliver a full and complete set of such identification verification records to us, as well as a legible photocopy of your valid driver's license, passport or other acceptable government-issued photo identification for our verification and record-keeping purposes. In addition, you specifically acknowledge and agree to abide by our policies regarding governmental certification procedures relating to the foregoing identification verification and record-keeping procedures and, if applicable, you will promptly comply with any specific requests or directions we give you in connection with Content you submit that may be subject to these requirements.
  • You understand, acknowledge and agree that we have the right to delete, re-format and/or change your Content in any manner that we may reasonably determine (although you will not be responsible for any such changes made). Some Content may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree that we assume no responsibility for deletion of Content or any failure to store, receive or deliver Content in a timely manner or any other matter relating to Content. You shall not post in any manner Content that does or is intended to promote or generate revenue for any business enterprise or commercial activity without the prior authorization of the INRFOOD.

5. PROPRIETARY MATERIALS

The contents of the Service, including all software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectable elements of the Service, including, without limitation, the selection, sequence and 'look and feel' and arrangement of items, and all trademarks, service marks and trade names (individually and/or collectively, "Service Material"), are the property of the INRFOOD, and any of its successors and assigns, and any of its respective licensors, suppliers, and service providers and are legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. The Service is to be used solely for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. You must not alter, delete or conceal any copyright or other notices contained on the Service, including notices on any Service Material you download, transmit, display, print or reproduce from the Service. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Service Material without the express prior written consent of INRFOOD. Any unauthorized or prohibited use of any Service Material may subject you to civil liability, criminal prosecution, or both, under applicable federal, state and local laws.

6. YOUR CONDUCT

In connection with your use of the Service, you represent, warrant and covenant that you:

  • (a) will abide by the letter and spirit of the terms and conditions of this Terms of Use and all applicable local, state, national or international laws;
  • (b) will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with INRFOOD, or otherwise attempt to mislead others as to the identity of the sender or the origin of Content;
  • (c) will not submit Content that is encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden our servers;
  • (d) will not access, download or copy any information contained on our Service through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);
  • (e) will not post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
  • (f) will not attempt to gain unauthorized access to the Service, other user accounts, or other computer systems or networks connected to the Service;
  • (g) will not use the Service in any manner that infringes, misappropriates or violates any third party's rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party's rights of publicity, contractual rights, fiduciary rights or intellectual property rights; and
  • (h) will not use the Service in any way that could have an adverse effect on the operation of the Service.

INRFOOD retains the right, in its sole discretion, to determine whether or not your use of the Service is consistent with the terms and conditions of this Terms of Use. INRFOOD may suspend, restrict or terminate use of the Service and to refuse any future use of all or portions of the Service if your use breaches or fails to comply with any of the terms and conditions of this Terms of Use. Additionally, INRFOOD may seek any and all other remedies available to it, including (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Terms of Use; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Terms of Use.

7. THIRD PARTY LINKS AND PRODUCTS

The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the Service or any other form of link or re-direction of your connection to, with or through the Service, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of INRFOOD, any of its successors and assigns, and any of its respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers. We do not verify, endorse, or have any responsibility for, any such third party sites, their business practices (including their privacy policies), or any goods or services associated with or obtained in connection with any such site, even if our names, trademarks, service marks or logos are on the third party site as part of a co-branding or promotional arrangement.

The use of product images, names, brands and nutrition information do not indicate a relationship or affiliation with manufacturers and distributors of products.

8. PAYMENTS.

If you purchase any services, goods or content that we offer through the Service for a fee, either on a one-time or subscription basis ("Paid Services"), or make donations through the Service, you agree to INRFOOD storing your payment card information. You also agree to pay the applicable fees for the Paid Services as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the date you cancel your subscription to the Paid Services. All fees, charges and donations are nonrefundable and there are no refunds or credits for partially used periods. You also acknowledge that Paid Services are subject to this Agreement and any additional terms related to the provision of the Paid Services.

9. TERMINATION

INRFOOD may immediately terminate your account and your access to the Service and any service offered on or through the Service at any time in its discretion.

You may cancel your account by logging into your account and following the applicable instructions in the account information portion of the Service.

Termination of your account may, in INRFOOD’s discretion include removal of your access to all offerings of the Service, deletion of your password, deletion of all related information and files, may include the deletion of the Content associated with your account (or any part thereof).

10. MODIFICATION OF TERMS AND CONDITIONS

INRFOOD will have the right to modify and restate the terms and conditions of this Terms of Use, and such modification(s) will be effective immediately upon being posted on the Service. INRFOOD will make note of the date of the last update to the Terms of Use on the first page of this Terms of Use. You are responsible for reviewing these terms and conditions regularly. Your continued use of the Service or any associated service after such modifications will be deemed to be your conclusive acceptance of all modifications to this Terms of Use. If you are dissatisfied as a result of such modification(s), your only recourse is to immediately discontinue use of the Service and all such services.

11. MODIFICATION, LIMITATION AND DISCONTINUANCE OF SERVICE

INRFOOD reserves the right at any time to limit access to, modify, change or discontinue the Service or any portion thereof with or without notice to you and we shall not be liable to you for any such modification, suspension or discontinuance of the Service. You agree that INRFOOD will not be liable to you or to any third party for any such limitation, modification, change, suspension or discontinuance of the Service. You agree that INRFOOD may establish general practices, policies and limits, which may or may not be published, concerning the use of the Service. You agree that INRFOOD has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by or through the Service. You agree that INRFOOD has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

12. DELAYS

The Service may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. INRFOOD is not responsible for any delays, failures or other damage resulting from such problems.

13. USER FEEDBACK

INRFOOD appreciates hearing from you, as well as our other users, and welcomes your comments regarding our Service. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those which we have specifically requested. Although we do value your feedback on our Service, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other information (collectively, the "Submissions"), such Submissions will be the property of INRFOOD. In addition, none of the Submissions will be subject to any obligations of confidentiality and INRFOOD will not be liable for any future use or disclosure of such Submissions.

14. DISCLAIMER

WARRANTY DISCLAIMER. YOU UNDERSTAND AND AGREE THAT THE SERVICE (INCLUDING, WITHOUT LIMITATION, ALL SERVICE MATERIALS) IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT INRFOOD ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE TIMELINESS, DELETION OF CONTENT OR FAILURE OF THE SERVICE. INRFOOD AND ITS VENDORS AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE OR (D) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED. YOU ARE AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.

15 WARNINGS.

THE INFORMATION DISPLAYED THROUGH THE SERVICES MAY NOT BE ACCURATE, RELIABLE, CURRENT OR COMPLETE. DO NOT RELY ON THE SERVICE OR ANY INFORMATION ACCESSED ON OR THROUGH IT FOR MEDICAL OR OTHER PROFESSIONAL ADVICE - CONSULT YOUR LICENSED HEALTH CARE PROFESSIONAL.

Nutritional, diet and health related information provided through the Services is provided for informational purposes only. It is not to be used to diagnose health problems or for treatment purposes. It is not a substitute for professional advice provided by a licensed and qualified health professional. Never disregard or modify professional medical advice or delay in seeking it because of information you accessed on or through any portion of the Service.

16. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT INRFOOD AND ITS OFFICERS, MANAGERS, OWNERS, EMPLOYEES, AGENTS, PARTNERS, DESIGNEES, USERS, SUCCESSORS, ASSIGNS, SERVICE PROVIDERS AND SUPPLIERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF INRFOOD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, "DAMAGES"), RELATING TO OR RESULTING FROM USE OF THE SERVICE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.

TO THE EXTENT INRFOOD IS FOUND LIABLE FOR ANYTHING RELATED TO THIS SERVICE, INRFOOD’S LIABILITY TO YOU FOR DAMAGES WILL NOT EXCEED $100.00.

17. INDEMNIFICATION

You agree to indemnify, defend and hold harmless INRFOOD, its officers, managers, owners, employees, agents, designees, users, partners, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys' fees and court costs due to or arising from: (a) any violation of this Terms of Use by you; (b) the Content or other information provided by you to INRFOOD or that you submit, transmit or otherwise make available through the Service; (c) your use of the Service; or (d) any violation of any rights of another (including privacy rights) or harm you may have caused to another. INRFOOD will have sole control of the defense of any such damage or claim.

18. NOTICE

You agree that INRFOOD may communicate any notices to you under this Terms of Use, through email, regular mail or posting the notices on the Service. All notices to INRFOOD will be provided by either sending: (i) an email to legal@INRFOOD.com; or (ii) a letter, first class certified mail, to INRFOOD, 334 Blackwell St. Suite B013 Durham, NC 27701, Attn:. User Services. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.

19. ENTIRE TERMS OF USE

This Terms of Use governs your use of the Service and constitutes the entire agreement between you and INRFOOD regarding the Service. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and INRFOOD regarding the subject matter contained in this Terms of Use. You represent and warrant that those third party agreements do not interfere with your obligations and duties to INRFOOD under this Terms of Use.

20. GOVERNING LAW

This Terms of Use and the relationship between you and INRFOOD will be governed by the laws of the State of North Carolina, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where you may be located or any other jurisdiction. You agree and consent to the exclusive jurisdiction of the state or federal courts located in Raleigh, North Carolina and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that INRFOOD may elect, in its sole discretion, to litigate the action in the county or state where any breach by you occurred or where you can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Service or this Terms of Use shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.

21. MISCELLANEOUS

This Terms of Use may not be re-sold or assigned by you. If you assign, or try to assign, this Terms of Use, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of INRFOOD’s rights if INRFOOD fails to enforce any of the terms or conditions of this Terms of Use against you. In the event a court finds a provision in this Terms of Use to not be valid, you and INRFOOD agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Terms of Use. No joint venture, partnership, employment or agency relationship exists between you and INRFOOD as a result of this Terms of Use or use of the Service.

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS TERMS OF USE, YOU MUST NOT USE THE SERVICE. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS TERMS OF USE AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

22. CLAIMS REGARDING COPYRIGHT INFRINGEMENT

In accordance with these procedures, and regardless of whether INRFOOD may be liable for any alleged violation of rights, INRFOOD may remove or disable access to specified Content appearing on the Service upon receipt of a verified notice asserting that the content infringes intellectual property rights, is inaccurate, or is otherwise unlawful. Whether or not we disable access to or remove content, INRFOOD may make a good faith attempt to forward the written notification, including the complainant’s contact information, to the user who posted the content and/or take other reasonable steps to notify the user that INRFOOD has received notice of an alleged violation of intellectual property rights or other content violation. The user may refute a claim by submitting a counter-notice as permitted in these procedures. Any counter-notice submitted may be provided to the complainant with the user’s contact information. Our policies and procedures for removing or disabling access to content alleged to be infringing, inaccurate or otherwise unlawful are and remain at our sole discretion. It is also our policy, in appropriate circumstances and in our discretion, to disable and/or terminate the accounts of users, or groups as the case may be, who may infringe or repeatedly infringe the intellectual property rights of others, or who otherwise post inaccurate or unlawful content.

Please note that any notice or counter-notice submitted must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice.

Notice of Copyright Infringement

Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), INRFOOD has implemented procedures for receiving written notification of claimed infringements. INRFOOD has also designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your copyright has been infringed, you may complete and submit a written communication which contains:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description specifying the location on our Service of the material that you claim is infringing;
  4. Your telephone number and e-mail address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please submit your notice to INRFOOD’s Copyright Agent as follows:

By E-mail at:

legal@INRFOOD.com

By Mail at:

INRFOOD, Inc.
ATTN: Copyright Agent
334 Blackwell St.
Suite B013
Durham, NC 27701USA

Counter-Notice

If you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a Counter-Notice, pursuant to Sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. You must provide a written communication which contains:

  1. Your physical or electronic signature;
  2. Identification of the material removed or to which access has been disabled;
  3. A statement under penalty of perjury that you have a good faith belief that removal or disablement of the material was a mistake or that the material was misidentified;
  4. Your name and telephone number, and a statement that you consent to the jurisdiction of the Federal District court (i) in the judicial district where your address is located if the address is in the United States, or (ii) located in the Eastern District of Pennsylvania, if your address is located outside the United States, and that you will accept service of process from the Complainant submitting the notice or his/her authorized agent.

Please submit your Counter-Notice to INRFOOD’s Copyright Agent via email or mail to the addresses specified above.