Club Diet Plate

Club Diet Plate

 

Last revised on May 15th, 2009

Statement of Rights and Responsibilities

This Statement of Rights and Responsibilities ("Statement") derives from the Club Diet Plate Principles, and governs our relationship with users and others who interact with Club Diet Plate. By using or accessing Club Diet Plate, you agree to this Statement.

1. Privacy

Your privacy is very important to us. We designed our Privacy Policy to make important disclosures to you about how we collect and use the information you post on Club Diet Plate. We encourage you to read the Privacy Policy, and to use the information it contains to help make informed decisions.

2. Sharing Your Content and Information

You own all of the content and information you post on Club Diet Plate, and you can control how we share your content through your privacy and application settings. In order for us to use certain types of content and provide you with Club Diet Plate, you agree to the following:
  1. For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Club Diet Plate ("IP License"). This IP License ends when you delete your IP content or your account (except to the extent your content has been shared with others, and they have not deleted it).
  2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
  3. We always appreciate your feedback or other suggestions about Club Diet Plate, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

3. Safety

We do our best to keep Club Diet Plate safe, but we cannot guarantee it. We need your help in order to do that, which includes the following commitments:
  1. You will not send or otherwise post unauthorized commercial communications to users (such as spam).
  2. You will not collect users' information, or otherwise access Club Diet Plate, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
  3. You will not upload viruses or other malicious code.
  4. You will not solicit login information or access an account belonging to someone else.
  5. You will not bully, intimidate, or harass any user.
  6. You will not post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.
  7. You will not develop or operate a third party application containing, or advertise or otherwise market alcohol-related or other mature content without appropriate age-based restrictions.
  8. You will not use Club Diet Plate to do anything unlawful, misleading, malicious, or discriminatory.
  9. You will not facilitate or encourage any violations of this Statement.

4. Registration and Account Security

Club Diet Plate users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
  1. You will not provide any false personal information on Club Diet Plate, or create an account for anyone other than yourself without permission.
  2. You will not use Club Diet Plate if you are under 13.
  3. You will not use Club Diet Plate if you are located in a country embargoed by the U.K.
  4. You will not use Club Diet Plateif you are a convicted sex offender.
  5. You will keep your contact information accurate and up-to-date.
  6. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
  7. You will not transfer your account to anyone without first getting our written permission.

5. Protecting Other People's Rights

We respect other people's rights, and expect you to do the same.
  1. You will not post content or take any action on Club Diet Plate that infringes someone else's rights or otherwise violates the law.
  2. We can remove any content you post on Club Diet Plate if we believe that it violates this Statement.
  3. We will provide you with tools to help you protect your intellectual property rights. To learn more, visit our How to Report Claims of Intellectual Property Infringement page.
  4. If we removed your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
  5. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
  6. You will not use our copyrights or trademarks without our written permission.
  7. If you collect information from users, you will: obtain their consent, make it clear you (and not Club Diet Plate) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
  8. You will not post anyone's identification documents or sensitive financial information on Club Diet Plate.

6. About Advertisements on Club Diet Plate

Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following:
  1. You can use your privacy settings to limit how your name and profile picture may be associated with commercial or sponsored content. You give us permission to use your name and profile picture in connection with that content, subject to the limits you place.
  2. We do not give your content to advertisers.
  3. You understand that we may not always identify paid services and communications as such.

7. Special Provisions Applicable to Advertisers

You can target your specific audience by buying ads on Club Diet Plate. The following additional terms apply to you if you place an order through our online advertising portal ("Order"):
If you are placing ads on someone else's behalf, we need to make sure you have permission to place those ads, including the following:
  1. When you place an Order, you will tell us the type of advertising you want to buy, the amount you want to spend, and your bid. If we accept your Order, we will deliver your ads as inventory becomes available.
  2. You will pay for your Orders in accordance with our Payments Terms. The amount you owe will be calculated based on our tracking mechanisms.
  3. Your ads will comply with our Ad Guidelines
  4. We will determine the size, placement, and positioning of your ads.
  5. We do not guarantee the activity that your ads will receive, such as the number of clicks you will get.
  6. We cannot control how people interact with your ads, and are not responsible for click fraud or other improper actions that affect the cost of running ads.
  7. You will not offer any contest or sweepstakes ("promotion") without our prior written consent. If we consent, you take full responsibility for the promotion, and will follow our Promotions Guidelines and all applicable laws.
  8. You can cancel your Order at any time through our online portal, but it may take us seven days before the ad stops running.
  9. Our license to run your ad will end when we have completed your Order. You understand, however, that if users have interacted with your ads, your ads may remain until the users delete it.
  10. We can use your ads and related information for marketing or promotional purposes.
  11. You will not issue any press release or make public statements about your relationship with Club Diet Plate without written permission.
  12. We may reject or remove any ad for any reason.
  13. You warrant that you have the legal authority to bind the advertiser to this Statement.
  14. You agree that if the advertiser you represent violates this Statement, we may hold you responsible for that violation.

8. Amendments

  1. We can change this Statement so long as we provide you notice through Club Diet Plate (unless you opt-out of such notice) and an opportunity to comment.
  2. We can make changes for legal or administrative reasons upon notice without opportunity to comment.

9. Termination

If you violate the letter or spirit of this Statement, or otherwise create possible legal exposure for us, we can stop providing all or part of Club Diet Plate to you. We will generally try to notify you, but have no obligation to do so. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 2.2, 2.3, 3-5, 8.2, 9.1-9.3, 9.9, 9.10, 9.13, 9.15.1, 9.18, 10.3, 11.2, 11.5, 11.6, 11.9, 11.10, 11.13, 11.14, and 13-16.

10. Disputes

  1. You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or Club Diet Plate in a court located in the United Kingdom. The laws of the United Kingdom will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in the United Kingdom for the purpose of litigating all such claims.
  2. If anyone brings a claim against us related to your actions or your content on Club Diet Plate, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
  3. WE TRY TO KEEP CLUB DIET PLATE UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING CLUB DIET PLATE "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT CLUB DIET PLATE WILL BE SAFE OR SECURE. CLUB DIET PLATE IS NOT RESPONSIBLE FOR THE ACTIONS OR CONTENT OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR CLUB DIET PLATE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR CLUB DIET PLATE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, CLUB DIET PLATE’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

11. Definitions

  1. By "Club Diet PLate" we mean the features and services we make available, including through (a) our website at www.clubdietplate.com and any other Diet Plate branded or co-branded websites (including sub-domains, international versions, and mobile versions); (b) our Platform; and (c) other media, devices or networks now existing or later developed.
  2. By "us," "we" and "our" we mean TDP Group and/or its affiliates.
  3. By "Platform" we mean a set of APIs and services that enable applications, developers, operators or services to retrieve data from Club Diet Plate and provide data to us relating to Club Diet Plate users.
  4. By "content" we mean the content and information you post on Club Diet Plate, including information about you and the actions you take.
  5. By "post" we mean post on Club Diet Plate or otherwise make available to us.
  6. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.

12. Other

  1. This Statement makes up the entire agreement between the parties regarding Club Diet Plate and supersedes any prior agreements.
  2. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
  3. If we fail to enforce any of this Statement, it will not be considered a waiver.
  4. Any amendment to or waiver of this Statement must be made in writing and signed by us.
  5. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
  6. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
  7. Nothing in this Agreement shall prevent us from complying with the law.
  8. This Statement does not confer any third party beneficiary rights.
 

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