Terms of Use

This statement covers all of foodgawker websites, iOS apps and any associated RSS feeds. By accessing this website or app, you are agreeing to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trade mark law.

1. Use License

Permission is granted to temporarily download one copy of the materials (information or software) on foodgawker website or apps for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may NOT:

  1. modify, copy or use the images or materials;
  2. use the images/materials for any commercial purpose, or for any public display (commercial or non-commercial);
  3. attempt to decompile or reverse engineer any software contained on foodgawker websites or apps
  4. remove any copyright or other proprietary notations from the images/materials; or
  5. transfer the images/materials to another person or “mirror” the images/materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by foodgawker at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

2. Submissions and Image Terms of Use

By submitting images and content (text descriptions) to foodgawker websites you authorize its use and agree to the following:

  1. submitter owns the copyright of the image or has obtained permission to use and submit the image;
  2. confer to foodgawker the nonexclusive web rights to use any image accepted with owner attribution across foodgawker websites;
  3. allow foodgawker to use images for public relations, internal site advertising, advertising to promote site and other press purposes.

3. Indemnity

You agree to indemnify, defend and hold harmless foodgawker from and against any claim, action or demand, including, without limitation, reasonable legal fees, made by any third party due to or arising out of your breach of this agreement.

4. Disclaimer

The materials on foodgawker websites and apps are provided “as is”. foodgawker makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, foodgawker does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its websites or otherwise relating to such materials or on any sites linked to this site.

5. Limitations

In no event shall foodgawker or its submitters be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on foodgawker websites or apps, even if foodgawker or a foodgawker authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

6. Revisions and Errata

The materials appearing on foodgawker websites and apps could include technical, typographical, or photographic errors. foodgawker does not warrant that any of the materials on its websites are accurate, complete, or current. foodgawker may make changes to the materials contained on its websites at any time without notice. foodgawker does not, however, make any commitment to update the materials.

7. External Links

foodgawker has not reviewed all of the sites linked to its websites or apps and is not responsible for the contents of any such linked site. By providing links to other sites, foodgawker does not endorse, approve or guarantee the information, recipes or products available on these external sites. Use of any such linked websites is at the visitor’s/user’s own risk and responsibility.

8. Site Terms of Use Modifications

foodgawker may revise these terms of use for its websites at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

9. Governing Law

Any claim relating to foodgawker websites shall be governed by the laws of the State of California without regard to its conflict of law provisions.

General Terms and Conditions applicable to Use of a Website.

10. Copyright Complaints

foodgawker respects the intellectual property rights of others. It is our policy to respond promptly any claim that Content posted on the Site infringes the copyright or other intellectual property rights (“Infringement”) of any person. foodgawker will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property laws and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Site.

To notify foodgawker of a possible Infringement you must submit your notice in writing to the attention of “Copyright Infringement” care of support@foodgawker.com and include in your notice a detailed description of the alleged Infringement sufficient to enable foodgawker to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.

If we remove or disable access to Content in response to a notice of Infringement, we will make reasonable attempts to contact the user who posted the affected Content. If you feel that your Content is not infringing, you may provide foodgawker with a counter notice in writing to the attention of “Copyright Infringement Counter Notification” at support@foodgawker.com. You must include in your counter notice sufficient information to enable foodgawker to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) if you materially misrepresent that your Content is not infringing the copyrights of others.

If you have any questions about copyright infringement or the notification and counter-notification process under the Digital Millennium Copyright Act (the “DMCA”), we recommend that you speak with an attorney.

Digital Millennium Copyright Act – Notification of Alleged Copyright Infringement

foodgawker has registered an agent with the United States Copyright Office in accordance with the terms of the DMCA and avails itself of the protections under the DMCA. foodgawker reserves the right to remove any Content that allegedly infringes another person’s copyright. In appropriate circumstances, foodgawker will terminate the accounts of users who infringe copyright. Notices to foodgawker regarding any alleged copyright infringement should be directed to foodgawker via email at: support@foodgawker.com.

Filing a DMCA Notice to Remove Copyright-Protected Content

If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide us (either directly or through your authorized representative) with a written notice containing the following information:

Your name, address, telephone number, and email address;

  1. A description of the copyrighted work that you claim has been infringed;
  2. A description of where on the Website the material that you claim is infringing may be found, sufficient for foodgawker to locate the material (e.g., the URL);
  3. A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright foodgawker, its agent, or the law and is not a fair use;
  4. A statement by you 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; and
  5. Your electronic or physical signature.

Filing a DMCA Counter-Notice to Restore Content Removed from the Website

If you believe that your material has been removed by mistake or misidentification, please provide foodgawker with a written counter-notification containing the following information:

Your name, address, telephone number, and email address;

  1. A description of the material that was removed and the location on the Website (e.g., the URL) where it previously appeared;
  2. A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
  3. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any jurisdiction in which you may be properly served, and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person; and
  4. Your electronic or physical signature.

11. Privacy Policy

Registration data and certain other information about you is subject to our privacy policy. For more information, see foodgawker privacy policy