Terms of Use

By using the FoodSteps.com website and FoodSteps service you are agreeing to be bound by the following terms and conditions (“Terms of Use”).

Welcome to www.foodsteps.com (together with its sub-domains, Content, Marks and services, the “Site”) which is operated by My FoodSteps, Ltd. ("FoodSteps", "we", "our" or "us"). Please read the following terms of use ("Terms") carefully before using this Site so that you are aware of your legal rights and obligations with respect to FoodSteps.

1. Consent and Modification. By visiting or using this Site, you signify your assent to these Terms. These Terms apply to all users of the Site. If you do not agree to these Terms then please do not access or otherwise use the Site. We reserve the right, at our discretion, to change these Terms at any time. Such change will be effective ten (10) days following posting of the revised Terms on the Site, and your continued use of the Site thereafter means that you accept those changes

2. Ability to Accept Terms. The Site is only intended for individuals aged thirteen (13) years or older. If you are under 13 years please do not visit or use the Site. If you are between 13 and 18 years of age, then you must review these Terms with you parent or guardian before visiting or using the Site to make sure that you and your parent or guardian understand these Terms and agree to them.

3. Site Access. For such time as these Site terms are in effect, we hereby grant you permission to visit and use the Site provided that you comply with these Terms and applicable law.

4. Restrictions. You shall not: (i) copy, distribute or modify any part of the Site without our prior written authorization; (ii) use, modify, create derivative works of, transfer, reproduce, distribute, display or disclose Content, except as expressly authorized herein; (iii) disrupt servers or networks connected to the Site; (iv) use or launch any automated system (including without limitation, "robots" and "spiders") to access the Site; and/or (v) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site. We, at our sole discretion, have the right to terminate these Terms and your access to the Site immediately, with or without cause. We reserve all rights not expressly granted to you in and to the Site.

5. Intellectual Property Rights. The content on the Site, including without limitation, the text, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the "Content") and the trademarks, service marks and logos contained therein ("Marks"), are the property of FoodSteps and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. We reserve all rights not expressly granted in and to the Site and the Content. Content on the Site is provided to you for your personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. “FoodSteps”, the FoodSteps Logo and other marks are Marks of FoodSteps or its affiliates. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners.

6. Disclosure. We reserve the right to access, read, preserve, and disclose any information that we obtain in connection with the Site, and your use thereof, as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce these Terms, including to investigate potential violations of them, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of FoodSteps, its users or the public.

7. Information Description.

7.1.We cannot and do not warrant that the Content is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.

7.2.FoodSteps does not endorse, recommend, or independently verify any user recipes ("Recipes") and user comments ("Comments") that you may be exposed to via the Site. You understand and acknowledge that when accessing and using the Site: (i) you will be exposed to Recipes and Comments from users of our FoodSteps mobile software application ("App") and also a variety of other sources, and that FoodSteps is not responsible for the accuracy, suitability, usefulness, safety, or Intellectual Property Rights of, or relating to, such Recipes and Comments; and (ii) you may be exposed to Recipes and Comments that are inaccurate, offensive, indecent, or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against FoodSteps with respect to (i) and (ii) herein.

8.Interaction with Third Party Sites. The Site may include links to third party websites that are not controlled or owned by us ("Third Party Sites") and may enable you to post content to such Third Party Sites. We are not affiliated with, have no control over, and assume no responsibility for the content, privacy policies, or practices of, any Third Party Sites. Please read the terms of use and privacy policy of any Third Party Site that you interact with before you engage in any of the foregoing activities.

9.Share With Your Friends Service. The Site includes an invitation service that enables you to invite your friends and contacts to the Site (the "Share With Your Friends Service"). If you choose to participate in the Share With Your Friends Service, you acknowledge and agree: (i) to only send invitations to your friends and contacts that you know; (ii) not to misrepresent your relationship with FoodSteps or make any warranty or representation on behalf of FoodSteps; and (iii) to comply at all times with these Terms and applicable law.

10.Privacy. We will use any personal information that we may collect or obtain in connection with the Site in accordance with our privacy policy which is available at www.foodsteps.com/privacy ("Privacy Policy"). You agree that we may use personal information that you provide or make available to us in accordance with the Privacy Policy.

11.Copyright Policy. It is our policy to respect the legitimate rights of copyright and other intellectual property owners, and we will respond to clear notices of alleged copyright infringement in accordance with our Copyright and Content Policy which may be viewed at: www.foodsteps.com/copyright ("Copyright Notice").

12.Warranty Disclaimers.

12.1.THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. FOODSTEPS DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE, THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE OR THAT FOODSTEPS WILL CORRECT ANY ERRORS IN THE SITE. THE SITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SITE BY A THIRD PARTY. YOUR USE OF THE SITE IS ENTIRELY AT YOUR SOLE DISCRETION AND RISK.

12.2.YOU AGREE THAT (I) YOUR USE OF, AND RELIANCE ON, THE CONTENT (INCLUDING, WITHOUT LIMITATION, RECIPES) IS ENTIRELY AT YOUR SOLE DISCRETION AND RISK; AND (II) FOODSTEPS SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU IN CONNECTION WITH ANY OF THE FOREGOING. FOODSTEPS EXPESSLY DISCLAIMS ALL WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT (INCLUDING, WITHOUT LIMITATION, RECIPES).

13. Limitation of Liability. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, FOODSTEPS SHALL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF FOODSTEPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FOODSTEPS FOR ANY DAMAGES ARISING UNDER THESE SITE TERMS OR IN CONNECTION WITH THE SITE EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO FOODSTEPS FOR USING THE SITE DURING THE SIX (6) MONTHS PRIOR TO BRINGING THE CLAIM. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.

14. Indemnity. You agree to defend, indemnify and hold harmless FoodSteps and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of, or inability to use, the Site; or (ii) your violation of these Terms.

15. Term and Termination. We reserve the right to terminate these Terms and access to the Site at any time. FoodSteps shall not be liable to you or any third party for termination of the Site, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site. Upon termination of these Terms, you shall cease all use of the Site.

16. Fees. Except as expressly set forth herein, the Site is currently for free. FoodSteps reserves the right in the future to charge a fee for certain uses or features (including but not limited to non-personal use). You will not be charged for any such uses of the Site unless you first agree to such charges, but please be aware that any failure to pay applicable charges may result in you not having access to some or all of the Site.

17. Assignment. These Terms, and any rights granted hereunder, may not be transferred or assigned by you but they may be transferred or assigned by FoodSteps without restriction or notification to you.

18. General. FoodSteps reserves the right to discontinue or modify any aspect of the Site at any time. The Terms and the relationship between you and FoodSteps shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its principles of conflict of laws. You agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv-Jaffa and waive any jurisdictional, venue, or inconvenient forum objections to such courts, provided that FoodSteps may seek injunctive relief in any court of competent jurisdiction. This Section 18 and Sections 4 (Restrictions), 5 (Intellectual Property Rights), 6 (Disclosure), 10 (Privacy), 12 (Warranty Disclaimers), 13 (Limitation of Liability), 14 (Indemnity) and 17 (Assignment) shall survive any termination of these Terms. These Terms shall constitute the entire agreement between you and FoodSteps concerning the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE OR THESE SITE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Last updated: 14 June 2012

1. Removal of Content. It is the policy of My FoodSteps, Ltd. ("FoodSteps") to respect the legitimate rights of copyright and other intellectual property owners, and we will respond to clear notices of alleged copyright infringement. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (the "DMCA"), FoodSteps has designated a Copyright Agent (as specified below) to receive notifications of claimed copyright infringement in connection with (i) the FoodSteps mobile software application and other mobile applications that we license, and/or (ii) the websites www.foodsteps.com, and other websites that we operate (collectively, the "Service"). Please be advised that we enforce a policy that provides for the termination in appropriate circumstances of Service users who are repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide the Copyright Agent with the following information in accordance with the DMCA:

(i) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(ii) A description of the copyrighted work or other intellectual property you claim has been infringed;

(iii) A description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it. Providing URLs in the body of an email is the best way to help us locate content quickly;

(iv) Your address, telephone number, and email address;

(v) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and

(vi) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

2. Counter-Notification. If you believe that the material you posted was removed from the Service by mistake, and that you have the right to post the material, you may elect to send us a counter-notification. To be effective the counter-notification must be a written communication provided to our Copyright Agent that includes substantially the following (please consult your legal counsel or see the Digital Millennium Copyright Act, 17 U.S.C. (the "Copyright Act") Section 512(g)(3) to confirm these requirements):

(i) Your physical or electronic signature;

(ii) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled. Providing URLs in the body of an email is the best way to help us locate content quickly;

(iii) 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 of the material to be removed or disabled; and

(iv) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which FoodSteps may be found, and that you will accept service of process from the person who provided notification of infringement or an agent of such person.

3. Misrepresentations. Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability.

4. Copyright Agent. FoodSteps' agent for notice of claims of copyright or other intellectual property infringement ("Copyright Agent") can be reached as follows:

Name: Itai Aaronsohn
Address: 16 Sapir St. Tel Aviv, Israel
Telephone: +1-646- 401-0005
Fax: +972-3-5187198
Email: admin[at]foodsteps.com

This is the privacy policy ("Privacy Policy") that governs how we, My FoodSteps Ltd. ("FoodSteps", "we", "our" or "us"), use Personal Information (defined below) that we collect, receive and store about individuals in connection with the use of: (i) the FoodSteps mobile software application (together with its content and services, the "App"); and/or (ii) the website www.foodsteps.com and any other website that we operate (each, together with its subdomains, content and services, a "Site"). The App and Site are individually and collectively referred to herein as the "Service".

1.Introduction. We have implemented this Privacy Policy because your privacy, and the privacy of other Service users, is important to us. We provide this Privacy Policy explaining our online information practices and the choices you can make about the way your Personal Information is collected and used in connection with the Service. “Personal Information” means any information that may be used, either alone or in combination with other information, to personally identify, locate, or contact an individual, including, but not limited to, a first and last name, a personal profile, an email address, a home or other physical address, or other contact information.

2.Consent and Modification. This Privacy Policy forms part of the Site’s Terms of Use, available at www.foodsteps.com/terms and/or the App’s End User License Agreement (collectively, the "Terms"). Capitalized terms not defined herein shall have the meaning ascribed to them in the Terms. By using the Service, you consent to the terms of this Privacy Policy and to FoodSteps' processing of Personal Information for the purposes set forth herein. If you do not agree to this Privacy Policy, please do not use the Service. We reserve the right, at our discretion, to change this Privacy Policy at any time. Such change will be effective ten (10) days following posting of the revised Privacy Policy on the Site or the App, and your continued use of the Service thereafter means that you accept those changes.

3.Receipt and Collection of Information. We receive and/or collect Personal Information from you in the following ways:

3.1.General Use of the Site. We do not currently require you to provide Personal Information in order to have access to general information available on the Site.

3.2.App Account. In order to access and use the App you may be required to first create an account (“Account”). You can create your Account by clicking on a sign-in box that we display on the App for Facebook, or another designated third party website that you may have registered an account with (each a "Third Party Account"). Doing so will enable you to link your App Account and your Third Party Account. If you choose this option, then a Third Party Account pop-up box will appear which you will need to approve in order to proceed, and which will describe the types of information that we will obtain from, and the types of activities that we may perform in connection with, your Third Party Account. Please note that in order to use this option, you will need to have, and may need to be signed-in to, an existing Third Party Account.

3.3.'Contact Us' Information and Feedback. If you send us a "Contact Us" request or feedback, whether by submitting an online form that we make available or by using an email address that we provide, you may be required to provide us with certain Personal Information such as your name and email address. We will also obtain any other Personal Information you choose to disclose.

3.4.Share With Your Friends Service. The App may offer you the opportunity to participate in our Share With Your Friends Service by sending your friends an invitation email or message inviting them to use the App. You may do so by: (i) using the App to send or post an invitation message to a designated third party website account (such as Facebook) that your friend may have; and/or (ii) using the App to send an invitation email to your friend's external email address. If you choose to participate in this service we may collect your mobile device ID.

3.5.Public Profile. Some parts of the App enable you to build a public profile in connection with your Account ("Public Profile"). Your Public Profile will include your name and profile picture, as well as other Personal Information that you choose to include. You may also include contact information in your Public Profile, such as your email address, address, fax number, phone number, website link, and/or Facebook or Twitter page(s).

3.6.Location Based Services. Certain location-based services that we may provide ("Location Services") in connection with the App are dependent on data related to the geographic location of your mobile device on which the App is installed ("Location Data"). If you choose to participate in these Location Services, you agree that we may collect or obtain Location Data from you.

3.7.Purchases. The App may include the option to purchase certain products or services from us. We use the tools, software or services of third-party service providers (such as the Apple Store Kit) to process transactions on our behalf. You acknowledge and agree to review and be bound by the terms of use and privacy policy of said third party service providers.

3.8.Site Cookies, Log-Files and Tracking Technologies. The Site may utilize "cookies", log-files and other tracking technologies. A "cookie" is a small text file that may be used, for example, to collect information about Site activity. Some cookies and other technologies may serve to recall Personal Information previously indicated by a Site user. Most browsers allow you to control cookies, including whether or not to accept them and how to remove them. You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser.

3.9.App Log-Files and Other Tracking Technologies. We may collect limited information from your mobile device in order to provide the Service. Such information may include your mobile device type, mobile device id, and date and time stamps of App use. In addition, we may deploy tracking technologies within the App to help us gather aggregate statistics, but we will not use Personal Information for such purposes.

4.Publicly Available Information.

4.1.Public Profile. Your Public Profile will be publicly available to other Service users and third parties. With the exception of your name, you retain the right to decide what information to include in your Public Profile. You may use the tools that we make available on the Service to change and update the information that you have included in your Public Profile.

4.2.User Submissions. The Service may permit you and other users to post, publish and transmit information, video, image, data, text, documents, and other content (such as recipes and comments) onto public areas of the Service ("User Submissions"). You acknowledge and agree that User Submissions will become publicly published content and will be available to other Service users and third parties to view. This is the case even if your User Submission contains Personal Information. The notices and tools that we provide on the Service should help you become aware which User Submissions will become publicly available.

4.3.Contact Information. Please note that if you publish your contact information in your Public Profile or a User Submission, you may receive unsolicited messages or visits from third parties which will be out of our control and which we are not be responsible. We therefore encourage you to post and publish only information you are sure you want to be accessible to anyone.

5.The Way We Use Personal Information. If you submit or if we collect Personal Information through the Service, then such Personal Information may be used in the following ways:

5.1.We will use your Personal Information to provide and improve the Service and any other services to you, to contact you in connection with the Service, programs or offerings that you may have registered for, and to identify and authenticate your access to the parts of the Service and services that you are authorized to access.

5.2.We may use your designated contact details (such as your email address) to send you updates, a newsletter or news regarding the Service and our products and services, or to contact you in response to a "Contact Us" request.

5.3.We may transfer your Personal Information to our subsidiaries or affiliated companies for the purpose of storing or processing such information on our behalf. Such information may be transferred to other countries around the world. We require that these parties agree to process such information in compliance with our Privacy Policy.

5.4.We may transfer your Personal Information to our third party service providers (such as a hosting provider), but only to provide our services to you. Such information may be transferred to other countries around the world. We use commercially reasonable efforts to only engage or interact with third party service providers that post a Privacy Policy governing their processing of Personal Information.

5.5.We may disclose your Personal Information or any information you submitted via the Service if we have a good faith belief that disclosure of such information is helpful or reasonably necessary to: (i) comply with any applicable law, regulation, legal process or governmental request; (ii) enforce our Terms including investigations of potential violations thereof; (iii) detect, prevent, or otherwise address fraud or security issues; or (iv) protect against harm to the rights, property or safety of FoodSteps, its users, yourself or the public.

6.Use of Anonymous Information. We may use Anonymous Information (as defined below) or disclose it to third party service providers in order to improve our services and enhance your experience with the Service. We may also disclose Anonymous Information (with or without compensation) to third parties, including advertisers and partners, for purposes including, but not limited to, targeted advertisements. "Anonymous Information" means information which does not enable identification of an individual user, such as aggregated information about the use of our Service.

7.Opting Out. You may choose not to receive future promotional, advertising, or other Service-related emails from us by selecting an unsubscribe link at the bottom of emails that you receive from us. Please note that even if you opt out of receiving the foregoing emails, we may still send you a response to any "Contact Us" request as well as administrative emails that are necessary to facilitate your use of the Service

8.Choice. At all times, you may choose whether or not to provide or disclose Personal Information. The notices that we provide on the Service in circumstances where we collect Personal Information should help you to make this choice. If you choose not to provide the Personal Information we request, you may still visit parts of the Service, but you may be unable to access certain options, programs, offers, and services that involve our interaction with you.

9.Access/Accuracy. To the extent that you do provide us with Personal Information, FoodSteps wishes to maintain accurate Personal Information. You may use the tools that we make available in the Service to remove or modify certain information in your Account or Public Profile. If you would like to correct a material inaccuracy in any of your other Personal Information that we may be storing, you may submit an access request by sending an email to admin[at]foodsteps.com. Your email should include adequate details of your request.

10.Collection of Information by Third-Party Sites. We may use a reputable third party to present or serve advertisements that you may see on the Service. These third party ad servers may use cookies, web beacons, clear gifs or similar technologies to help present such advertisements, and to help measure and research the advertisements' effectiveness. The use of these technologies by these third party ad servers is subject to their own privacy policies and is not covered by our Privacy Policy.

11.Links to Other Sites. The Site may contain links to third party websites that are not owned or controlled by FoodSteps. We are not responsible for the privacy practices or the content of third party websites, and you visit them at your own risk.

12.Children's Privacy. The Service is not structured to attract individuals under the age of 13. Accordingly, we do not intend to collect Personal Information from anyone we know to be under 13.

13.Security. The security of Personal Information is important to us. We follow generally accepted industry standards, including the use of appropriate administrative, physical and technical safeguards, to protect the Personal Information submitted to us. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security. If you have any questions about security on the Service, you can contact us at admin[at]foodsteps.com.

14.Merger, Sale or Bankruptcy. We reserve the right to transfer or assign Personal Information if we are acquired by or merged with a third party entity or in the event of bankruptcy or a comparable event, to a party that is related to the foregoing event.

15.Your California Privacy Rights. California Civil Code Section 1798.83 permits customers of FoodSteps who are California residents to request certain information regarding its disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to admin[at]foodsteps.com. Please note that we are only required to respond to one request per customer each year.

16.Commitment. We are committed to protecting your privacy. Protecting your privacy online is an evolving area, and we are constantly evolving our Service to meet these demands. If you have any comments or questions regarding our Privacy Policy, please contact us at admin[at]foodsteps.com.

Last modified: 2 October 2012

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