Terms & Conditions / User Agreement
Effective Date: 14th September 2019
Last Modified: 15th February 2017Sites Covered: wikicalories.com
Welcome to our digital information network. These are our terms and conditions for use of the network, which you may access in several ways, including but not limited to the World Wide Web via wikicalories.com, digital television, PDA, mobile phone and RSS feeds. In these terms and conditions, when we say the "WikiCalories Site" we mean the digital information network operated by or on behalf of WikiCalories Limited or its parent companies, subsidiaries and affiliates (collectively "WikiCalories"), regardless of how you access the network, as well as any WikiCalories apps whether you access those via a WikiCalories Site or a third party site. However you access the WikiCalories Site, you agree to be bound by these terms and conditions. If you have accessed the WikiCalories Site from the United States or Australia, you also agree to be bound by additional terms contained at the end of these terms and conditions.
Registration and Termination of registration
You may access areas of the WikiCalories Site that require registration by becoming a registered member and creating an account with us. You agree to be responsible for maintaining the confidentiality of your passwords or other account identifiers which you choose and all activities that occur under your account. By registering on the WikiCalories Site, you agree that: (i) your account and password are personal to you and may not be used by anyone else to access the WikiCalories Site; (ii) you will not do anything which would assist anyone who is not a registered user to gain access to any registration area of the WikiCalories Site; and (iii) you will not create registration accounts for the purpose of abusing the functionality of the site, or other users; nor will you seek to pass yourself off as another user. You agree to notify us immediately if you become aware any unauthorised use of your password or account identifiers by others. If you no longer wish to have a registered account, you may terminate your account by sending an email to [email protected] If you no longer accept these terms and conditions, or any future modification to these terms and conditions, you must cease using the WikiCalories Site. Continued use of the WikiCalories Site indicates your continued acceptance of these terms and conditions. If, for any reason, we believe that you have not complied with these terms and conditions, we may, at our sole discretion, cancel your access to the registration areas of WikiCalories Site immediately and without prior notice. We may terminate your registered account, at our sole discretion, by emailing you at the address you have registered stating that the agreement has terminated.
Use of material appearing on the WikiCalories Site
Your use of the WikiCalories Site is for your own personal and non-commercial use only. You acknowledge that, as between WikiCalories and you, except for user content and advertisements (as discussed below), WikiCalories is the sole owner of all content on the WikiCalories Site, including, without limitation, all applicable copyrights, patents, trademarks, trade secrets, trade names, logos, and other intellectual property rights thereto, as well as text, images, graphics, logos, audio, video and other material appearing on the WikiCalories Site ("WikiCalories Content"). The WikiCalories Site and the WikiCalories Content are protected by the copyright laws and other intellectual property laws of the United Kingdom, the United States and Australia and are protected globally by applicable international copyright treaties. You may download and print extracts from the WikiCalories Content for your own personal and non-commercial use only, provided you maintain and abide by any author attribution, copyright or trademark notice or restriction in any material that you download or print. You may not use any WikiCalories Content for any other purpose without our prior written approval. Except as expressly authorised by the WikiCalories, you are not allowed to create a database in electronic or paper form comprising all or part of the material appearing on the WikiCalories Site.
Disclaimer of liability
To the extent permitted at law, we do not accept any responsibility for any statement in the WikiCalories Content. Nothing in the WikiCalories Content is provided for any specific purpose or at the request of any particular person. For the avoidance of confusion, we will not be liable for any loss caused as a result of your doing, or not doing, anything as a result of viewing, reading or listening to the WikiCalories Content or any part of it. You can access other sites via links from the WikiCalories Site. These sites are not under our control and we are not responsible in any way for any of their contents. We give no warranties of any kind concerning the WikiCalories Site or the WikiCalories Content. In particular, we do not warrant that the WikiCalories Site or any of its contents is virus free. You must take your own precautions in this respect as we accept no responsibility for any infection by virus or other contamination or by anything which has destructive properties. Although we will do our best to provide constant, uninterrupted access to the WikiCalories Site, we do not guarantee this. We accept no responsibility or liability for any interruption or delay. If you are accessing the WikiCalories Site from the United States or Australia, the additional disclaimers and limitations of liability in Sections 16 and 17 and apply.
Third party advertising on the WikiCalories Site
You will see advertising material submitted by third parties on the WikiCalories Site. Each individual advertiser is solely responsible for the content of its advertising material. We accept no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein. If you want to advertise on the WikiCalories Site, please email the user help team at [email protected], and they will pass your details on to our advertising sales team.
Users of our site may be permitted to submit content for publication in various areas of the WikiCalories Site. Interactions with our site are governed by our Community Standards and Participation Guidelines accessible at theWikiCalories.com/community-standards which are incorporated in these terms and conditions. You will be deemed to consent to these guidelines, and these terms and conditions, if you choose to post any content or comments to the WikiCalories Site. When you submit content to us, you agree and represent that you have created that content, or you have received permission from, or are authorised by, the owner of any part of the content to submit it to the WikiCalories Site. You or the owner of the content still own the copyright in the content sent to us, but by submitting content to us, you are granting us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence to use, publish and/or transmit, and to authorise third-parties to use, publish and/or transmit your content in any format and on any platform, either now known or hereinafter invented. You acknowledge and agree that when you post content on the WikiCalories Site or view content provided by others, you are doing so at your own discretion and risk, including any reliance on the accuracy, completeness, of that content. You further acknowledge and agree that the views expressed by you and other users in that content do not necessarily reflect the views of WikiCalories, and we do not support or endorse any user content. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the WikiCalories Site. We, or authorised third parties, reserve the right to cut, crop, edit or refuse to publish, your content at our or their sole discretion. We may remove your content from use at any time.
We accept no liability in respect of any content submitted by users and published by us or by authorised third parties. You warrant that the content you submit to us is not obscene, threatening, harassing, libellous, deceptive, fraudulent, invasive of another's privacy, offensive, defamatory of any person or illegal. You warrant that the content you submit to us does not infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party or individual. You agree not to (i) post content which is deliberately intended to upset or harm other users; (ii) use the WikiCalories Site to post or otherwise transmit content that victimises, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, without limitation, religion, gender, sexual orientation, race, colour, creed, ethnicity, national origin, citizenship, age, marital status, military status or disability; (iii) post or otherwise transmit any content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the WikiCalories Site or any computer software or hardware or telecommunications equipment; (iv) upload or otherwise transmit any content, or take any other actions with respect to your use of the WikiCalories Site, that would constitute, or would otherwise encourage, criminal conduct or give rise to civil liability; or (v) use the WikiCalories Site for commercial purposes, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services. You understand that the technical processing and transmission of the WikiCalories Site may involve (i) transmissions over various networks; and (ii) changes to content to conform and adapt to technical requirements of connecting networks or devices. WikiCalories assumes no responsibility for the deletion or failure to store postings of content or other information submitted by you or other users to the WikiCalories Site. If you are under 16, you confirm that you have permission of your parent or WikiCalories to submit content. Any queries regarding copyright and your content should be directed in the first instance to [email protected] Readers of our print products submitting content to WikiCalories News & Media should read our terms here.
You may download certain WikiCalories apps ("Apps") either from WikiCalories Sites or from third party app stores or shops. All of these terms apply to the maximum extent relevant to your use of the Apps (and in particular, the terms of section 6 apply where you are using an App to submit user content to the WikiCalories Sites). In addition to the limitations on our liability set out in Section 4, 16 and 17, we shall not be liable for any damage caused to or interference with any equipment or other Apps or content of any description.
Changes to these terms and conditions of use
Please note that we may change these terms and conditions from time to time at our sole discretion and we reserve the right to do without your consent. Any revised terms and conditions will be applicable at the time of posting on the WikiCalories Site. Please ensure that you review these terms and conditions regularly as you will be deemed to have accepted a variation if you continue to use the WikiCalories Site after it has been posted.
Governing law & jurisdiction (except for US users)
These terms and conditions are governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts, provided that use of the WikiCalories Site in the United States is governed by Section below entitled Governing law & jurisdiction (for US users)
Indemnification and no waiver:
In addition to the terms in Section above, you agree not to use the WikiCalories Site to upload, post, e-mail, or otherwise transmit any content that you do not have a right to transmit under any law or regulation or under any contractual or fiduciary relationship (such as insider information, intellectual, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements and to intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any rules, regulations, orders, directives and the like having the force of law).
DMCA notice for US users
If you are a US copyright owner or an agent of a US copyright owner and believe that any user content or other content on the WikiCalories Site infringes upon your copyrights, you may submit a notification pursuant to Title 17, United States Code, Section 512(c)(3), the Digital Millennium Copyright Act ("DMCA") by providing our designated copyright agent with the following information in writing: (i) identification of the copyrighted work or works claimed to have been infringed; (ii) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material; (iii) your contact information including name a address, telephone number, and, if available, an email address; (iv) a statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the owner of the work, its agent, or the law; (v) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; and (vi) your physical or electronic signature; WikiCalories's designated copyright agent to receive notifications of claimed infringement is: [email protected] Only DMCA notices should go to the designated copyright agent. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
Governing law & jurisdiction (for US users)
If you have accessed the WikiCalories Site from the US, these terms and conditions are governed by the laws of the United States of America and the laws of the State of New York. You agree that exclusive jurisdiction for any claim or dispute with WikiCalories or relating in any way to your use of the WikiCalories Site resides in the courts of the County of New York, State of New York, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the County of New York, State of New York, in connection with any such dispute and including any claim involving WikiCalories News & Media LLC or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. You agree that any cause of action or claim that you may have with respect to your use of the WikiCalories Site must be commenced within one year after the act or omission giving rise to the claim or cause of action arose.
Visitors to the WikiCalories Site agree that their use of the WikiCalories Site is at their own sole risk. The WikiCalories Site is provided "as is" and "as available," without warranty of any kind, either express or implied including but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the content of the WikiCalories Site; and (ii) any warranties of title, warranty of non-infringement, or warranties of merchantability or fitness for a particular purpose. WikiCalories also makes no representations and warranties as to any linked sites and WikiCalories has no liability or responsibility with respect to your use of such sites. In some instances, content made available on the WikiCalories Site may represent the opinions and judgments of providers or users, such as user content. WikiCalories and its affiliates do not endorse nor shall they be responsible or liable for the accuracy or reliability of any statement made on the WikiCalories Site by anyone other than authorised WikiCalories employees acting in such capacity. This disclaimer of liability applies to any damages or injuries caused by the WikiCalories Site, including, without limitation, those damages or injuries occurring as a result of: (i) any error, omission, deletion, or defect in the content available on the WikiCalories Site; or (ii) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of records, information or data, unauthorised access to, alteration of, or use of records, information or data, whether for breach of contract, tort, negligence, defamation, or any other cause of action. WikiCalories does not warrant or guarantee that access to the WikiCalories Site will be uninterrupted or error-free. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Limitation of liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, IN NO EVENT WILL WikiCalories OR ITS AFFILIATES, INCLUDING, WITHOUT LIMITATION, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE, COST, EXPENSE OR LIABILITY OF ANY KIND ("LOSS") ARISING IN ANY WAY OUT OF OR IN CONNECTION WITH THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WikiCalories SITE, INCLUDING (WITHOUT LIMITATION): (i) DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT OR SOFTWARE OR LOSS OF RECORDS, INFORMATION OR DATA, LOSS OF USE OF DATA, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF OR DAMAGE TO REPUTATION, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, OR LOSS OF ANTICIPATED SAVINGS OR BENEFITS; (ii) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS; OR (iii) ANY LOSS ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WikiCalories SITE. THE EXCLUSION OF LIABILITY IN THIS SECTION 17 APPLIES EVEN IF WikiCalories SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PARTICULAR KINDS OF LOSS, IN SUCH STATES OR JURISDICTIONS, WikiCalories'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW (THEREBY MINIMIZING WikiCalories'S LIABILITY TO YOU TO THE LOWEST AMOUNT THAT APPLICABLE LAW PERMITS).
Exclusion of warranties (for Australian users)
The Australian Consumer Law may confer certain rights and remedies on you in relation to the provision by WikiCalories of goods and services under these terms and conditions. Notwithstanding the disclaimers and limitations of liability in Sections 4, 16 and 17 above, these terms and conditions do not exclude, restrict or modify the application of any condition, warranty, guarantee, right or remedy conferred by or implied under any provision of the Australian Consumer Law or any other statute where to do so would: (i) contravene the relevant statute; or (ii) cause any part of these terms and conditions to be void and/or unenforceable ("Non-Excludable Obligation"). Except in relation to Non-Excludable Obligations, all conditions, warranties and other provisions implied or conferred by statute, custom, or the general law that impose any liability or obligation on WikiCalories are expressly excluded under these terms and conditions.
Non-Excludable Obligations (for Australian users)
In relation to Non-Excludable Obligations (other than a guarantee as to title, encumbrances or quiet possession conferred by the Australian Consumer Law), except for goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption (in respect of which our liability is not so limited under these terms and conditions), WikiCalories's liability to you for a failure to comply with any Non-Excludable Obligation is limited to: (i) in the case of services, the lowest of the cost of supplying the services again and payment of the cost of having the services supplied again; and (ii) in the case of goods, the lowest of the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.
Binding Arbitration - If there is a dispute between the parties arising out of or otherwise relating to this Agreement, the parties shall meet and negotiate in good faith to attempt to resolve the dispute. If the parties are unable to resolve the dispute through direct negotiations, then, except as otherwise provided herein, either party must submit the issue to binding arbitration in accordance with applicable Arbitration Ordinance. Claims subject to arbitration (“Arbitral Claims”) shall include, but are not limited to, contract and tort claims of all kinds, and all claims based on any federal, state or local law, statute, or regulation, excepting only claims by Us under applicable worker’s compensation law, unemployment insurance claims, intellectual property claims (including but not limited to claims involving copyrights, trademarks, patents, unfair competition, and/or trade secrets), along with actions (regardless of the underlying cause of action) seeking injunctions, attachment, garnishment, and other equitable relief. The arbitration shall be conducted in the Republic of Cyprus, in a convenient location agreed to by the parties, or absent such agreement, selected by the Arbitrator. The arbitration shall be conducted by a single arbitrator, knowledgeable in Internet and e-Commerce disputes. The arbitrator shall be willing to execute an oath of neutrality.
The Arbitrator shall have no authority to award any punitive or exemplary damages, certify a class action, add any parties, or vary or ignore the provisions of this Agreement. The arbitrators shall be bound by and apply Cyprus law to any dispute submitted for arbitration hereunder, and this Agreement shall be interpreted in accordance with the laws of the Cyprus. The arbitrator shall render a written opinion setting forth all material facts and the basis of his or her decision within thirty (30) days of the conclusion of the arbitration proceeding. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS.
No waiver of right to arbitration - There shall be no waiver of the right to arbitration unless such waiver is provided affirmatively and in writing by the waiving party to the other party. There shall be no implied waiver of this right to arbitration. No acts, including the filing of litigation, shall be construed as a waiver or a repudiation of the right to arbitrate.
No action, regardless of form, arising out of or in conjunction with the subject matter of this Agreement, except for claims involving intellectual property, claims to recover outstanding amounts due to Us and claims for indemnification, may be brought by any party more than one (1) year after the cause of action arose.