1. What Food Why Mobile and Web Applications™(the "Service") and its affiliate sites (the "Sites") are accessible worldwide to anyone with Mobile Phone or Internet access. Access to and use of the Service and the Sites are subject to the terms and conditions of this User Agreement and Copyright Notice and all applicable laws and regulations, including laws and regulations governing copyright and trademark. BY ACCESSING THE SERVICE AND THE SITES, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS IN THIS USER AGREEMENT. What Food Why™ Mobile and Web Applications and its affiliates reserve the right to change these terms and conditions at any time. The changes will appear on this screen. By using the Service and the Sites, you agree in advance to accept any changes.
2. All materials and text used, displayed on the Service and the Sites, including but not limited to text, software, photographs, graphics, illustrations and artwork, video, music and sound, and names, logos, trademarks and service marks, are the property of What Food Why™ Mobile and Web Applications or its affiliates or licensors and are protected by copyright, trademark and other laws. Any such content may be displayed solely for your personal, non-commercial use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material without the written permission of What Food Why Mobile and Web Applications or the appropriate affiliate.
3.The Service and the Sites contain information, facts and opinions from various individuals and organizations. THE SERVICE AND THE SITES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NEITHER WHAT FOOD WHY™ - MOBILE AND WEB APPLICATIONS NOR ITS AFFILIATES ENDORSE OR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE SERVICE OR THE SITES.
4.The information, facts, and opinions provided are no substitute for professional advice. Always consult your primary care physician for any medical advice, diagnosis, or treatment and before undertaking a new diet or exercise plan. This Service and the Sites are for informational and educational purposes and used in conjunction with health care professionals.
5.The Mobil applications, Service and the Sites may include bulletin boards, blogs, articles, links, chat rooms and other user and member created pages which allow you and other users and members to post information, provide feedback, corrections, recipes and suggestions to What Food Why™ Mobile and Web Applications and its affiliates.
6.You agree not to post or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, violate the rights of others, or otherwise violate any applicable local, state, national or international law.
7.You agree to only post information that is true and correct in light of your knowledge. You shall not, without the express approval of What Food Why™ Mobile and Web Applications, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services. You are responsible for, and indemnify and hold What Food Why™ Mobile and Web Applications, its subsidiaries, divisions, affiliates, agents and representatives against, any claim arising from any material that you post or transmit. Although What Food Why™ Mobile and Web Applications owners, employees, affiliates and/or associates may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and other user and member generated pages on the Site, neither What Food Why Mobile and Web Applications owners, employees, affiliates and/or associates are under NO obligation to do so.
8.You acknowledge that What Food Why™ Mobile and Web Applications and its affiliates do not control the information available on the bulletin boards, chat rooms and other user and member generated pages and that What Food Why™ is not responsible for any opinions, advice, statements, services, offers or other information or content presented or disseminated on any bulletin board, chat room or on any other user or member generated pages are those of their respective authors who are solely liable for their content. What Food Why™ Mobile and Web Applications and its affiliates reserve the right, in their sole discretion, to edit, refuse to post or remove any material submitted to or posted on the chat rooms, bulletin boards or on any other user or member generated pages.
9.By your purchase and/or sign up for use of any What Food Why™ site, product or service, you acknowledge that any submissions you make to the Service (i.e., user-generated content including but not limited to: text, video, audio and photographs) (each, a "Submission") may be edited, removed, modified, published, transmitted, and displayed by What Food Why™ Mobile and Web Applications. Furthermore, you waive any moral rights you may have in having the material altered or changed in a manner not agreeable to you, and you grant What Food Why™ Mobile and Web Applications a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to the Submissions. Including, without limitation. the right for What Food Why™ Mobile and Web Applications or any third party What Food Why™ Mobile and Web Applications designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, for any Submission posted by you on or to What Food Why™ Mobile and Web Applications or any other website owned by What Food Why, and/or its parent company, including any Submission posted on What Food Why Mobile and Web Applications through a third party.
10.You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least thirteen years old. You hereby indemnify, defend and hold harmless What Food Why™ Mobile and Web Applications, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. What Food Why™ Mobile and Web Applications reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
11.What Food Why™ Mobile and Web Applications does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Service by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE SERVICE AND ALL DOWNLOADABLE SOFTWARE ARE DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK.
12.Your use of the Service and the Sites is at your own risk. WHAT FOOD WHY™ AND ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE AND THE SITES AND THE INFORMATION AVAILABLE ON THE SERVICE AND THE SITES OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SERVICE AND THE SITES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST What Food Why™Mobile and Web Applications, OR ANY WHAT FOOD WHY™ COMPANY. AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SERVICE AND THE SITES AND THE INFORMATION AVAILABLE THEREON.
13.What Food Why™ Mobile and Web Applications and its affiliates do not review or monitor any web sites linked to the Service and the Sites and are not responsible for the content of any such linked web sites. Your use of such web sites is at your own risk. You acknowledge that the use of any advice, opinion, recommendation, statement or other information displayed, link to, or distributed through the Service and the Sites is at your own risk. Prior to purchasing any third party products or services described on the Service and the Sites, you are advised to verify pricing, product quality and other information necessary to make an informed purchase. What Food Why Mobile and Web Applications™, nor any of its subsidiaries, divisions, affiliates, agents, representatives or licensors shall have any liability arising from your purchases of third party products or services based upon the information provided on the Service and the Sites.
14.You should be aware that you remain solely responsible and liable for your disclosure of personal information (e.g., user name, email address) on a bulletin board, chat room or on any other user or member generated pages, that information can be collected and used by others and may result in unsolicited messages from other parties.
15.What Food Why Mobile and Web Applications™ assumes no liability for any of your activities in connection with the Podcast Content and/or the Podcast Service or for your use of the Podcast Content and/or the Podcast Service in connection with your Web site, computer or MP3 player.
16.?What Food Why™ Mobile and Web Applications's podcasting service (the "Podcast Service") consists of news and information files (the "Podcast Content") that may be downloaded to your computer and/or transferred to your portable MP3 player. The Podcast Service is available only for private, non-commercial use. Any other uses, including without limitation the incorporation of advertising into or the placement of advertising associated with or targeted towards the Podcast Content, are strictly prohibited. You may not edit or modify or redistribute the Podcast Content or links supplied by What Food Why™ Mobile and Web Applications.
17.Ownership: What Food Why™ Mobile and Web Applications's Podcast Service and the Podcast Content are protected by U.S. and international copyright laws. What Food Why™ Mobile and Web Applications owns all rights including copyright, and right to the What Food Why Mobile and Web Applications logos and trademarks, and the right to remove, reuse, move, quote, copy or use in ANY MANNER, anything that you submit to What Food Why.
18.Right to Discontinue Service: What Food Why™ Mobile and Web Applications reserves the right to discontinue providing any or all of the Service at any time, without notice or limitation. In addition, you may have your service discontinued without notice for any violation of any provision of this Member Agreement.
19.This User Agreement and any disputes arising out of or related to the Service and the Sites shall be governed by, and construed and enforced in accordance with, the laws of the State of California, United States of America, without giving effect to any principles of conflict of laws. Venue shall be in the County of Los Angeles.