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Introduction |
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foobai was created by a group of friends in Beijing and
San Francisco because we believed that the community in China
and in some US cities lack a good, cohesive online resource
for posting and searching for reliable information on restaurants,
bars, hotels, and other information. We created our community
service so that the online community can have a forum where
people can meet and help each other with real reviews and
recommendations written by real consumers. Our current terms
of use (referred to as “Terms”) are contained below and will
also be revised from time to time. By using this Service,
you are agreeing to comply with the Terms. It is the responsibility
of anyone who uses the foobai website (“Users”) to periodically
review the Terms. Our website and our resources (collectively
referred to as “the Service”) will be updated by foobai from
time to time for the benefit our our community in our sole
discretion. Should you object to any Terms, guidelines, or
changes, your only recourse is to discontinue use.
By using this service, Users agree that foobai assumes
no responsibility for any content posted on its site. Users
agree that all materials, including but not limited to postings,
messages, text, files, images, photos, video, sounds, or
other materials (collectively referred to as "Content"),
posted on, transmitted through, or linked from the Service,
are the sole responsibility of the person from whom such
Content originated, not foobai.
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1.Basic Groundrules |
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By using the site in any way, you represent that you are
at least 18 years old .
You agree not to post, email, or otherwise make available
Content that, in foobai’s sole discretion:
·is deemed by foobai to be false or misleading;
·that infringes any patent, trademark, trade secret, copyright
or other proprietary
rights of any party, or Content that you do not have a right
to make available
under any law.
·that is potentially unlawful, harmful, defamatory, pornographic,
invasive of
another's privacy, or harms minors in any way;
·that harasses, degrades, intimidates or is hateful toward
an individual or
group of individuals on the basis of religion, gender, sexual
orientation, race,
ethnicity, age, or disability;
·that includes personal or identifying information about another
person without that
person's explicit consent.
·that involves the transmission of unsolicited mass mailing
or "spamming" or
constitutes or contains "affiliate marketing,"
"link referral code," "junk mail,"
"spam," "chain letters," "pyramid
schemes," or unsolicited commercial advertisement.
·that constitutes or contains any form of advertising or solicitation
if (1) posted
in areas of the foobai sites which are not designated for
such purposes;or (2)
emailed to foobai users who have requested not to be contacted
about other
services, products or commercial interests.
·that includes links to commercial services or web sites.
·that advertises any illegal services or the sale of any items
the sale of which is
prohibited or restricted by applicable law.
·that contains software viruses or any other computer code,
files or programs
designed to interrupt, destroy or limit the functionality
of any computer software
or hardware or telecommunications equipment;
·that disrupts the normal flow of dialogue with an excessive
number of messages
(flooding attack) to the Service, or that otherwise negatively
affects other
users' ability to use the Service; or
·that is against the guidelines or laws of the applicable
country or otherwise
disrupts foobai’s ability to operate in the country.
Additionally, you agree not to:
·contact anyone who has asked not to be contacted;
·collect personal data about other users for commercial or
unlawful purposes;
·use automated means, including spiders, robots, crawlers,
data mining tools,
or the like to download data from the Service - exception
is made for
internet search engines (e.g. Google) and non-commercial
public archives
(e.g. archive.org) that comply with our robots.txt file;
·post irrelevant Content, including repeatedly posting the
same or similar
Content, posting as a principal when in reality you are offering
brokering
services, or otherwise imposing a large load on our infrastructure;
·attempt to gain unauthorized access to foobai's computer
systems or engage
in any activity that disrupts, diminishes the quality of,
interferes with the
performance of, or impairs the functionality of, the Service
or the foobai website.
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2.Content |
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Users agree to post only Content that is legal within the
context of their country laws and also Content that does not
violate any trademark, copyright or intellectual property
rights in any country. By using the Service, Users agree they
may be exposed to Content that is objectionable, inaccurate
or misleading. If Users find such offensive Content, they
are encouraged to flag it within the site, however, foobai
is under no obligation to remove such Content.
Furthermore, the foobai site and Content available through
the Service may contain links to websites independent of
foobai. foobai does not make any representation or warranty
as to the accuracy, completeness or authenticity of the
information contained in any such site. Your linking to
any other websites is at your own risk. You agree that you
must evaluate, and bear all risks associated with, the use
of any Content, and that under no circumstances will foobai
be liable in any way for any Content or for any loss or
damage of any kind incurred as a result of the use of any
Content posted, emailed or otherwise made available via
the Service. You acknowledge that foobai shall have the
right (but not the obligation) to refuse, delete or move
any Content for violating the letter or spirit of the Terms
or for any other reason.
By posting Content on foobai, Users agree to and hereby
do grant, and Users represent and warrant that they have
the right to grant, foobai, its contractors, and the Users
of the foobai site an irrevocable, perpetual, non-exclusive,
sublicensable, fully paid up, worldwide license to use,
copy, perform, display, and distribute such Content and
to prepare derivative works of, or incorporate into other
works, such Content.
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3.Notification of Claims of Infringement |
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If you believe that your work has been copied in a way that
constitutes copyright infringement, or your intellectual property
rights have been otherwise violated, please notify foobai's
agent for notice of claims of copyright or other intellectual
property infringement ("Agent"), at legal@foobai.com:
Please provide our Agent with the following Notice:
1.Identify the copyrighted work or other intellectual property
that you claim has
been infringed;
2.Identify the material on the foobai site that you claim
is infringing, with
enough detail so that we may locate it on the website;
3.A statement by you that you have a good faith belief that
the disputed use
is not authorized by the copyright owner, its agent, or the
law;
4.A statement by you declaring under penalty of perjury that
(a) the above
information in your Notice is accurate, and (b) that you
are the owner of
the copyright interest involved or that you are authorized
to act on behalf
of that owner;
5.Your address, telephone number, and email address; and
6.Your physical or electronic signature.
foobai will remove the infringing posting(s), subject to the
the procedures outlined in the Digital Millenium Copyright
Act (DMCA).
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4.Privacy and Information Disclosure |
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You acknowledge and agree that foobai may, in its sole discretion,
preserve or disclose your Content, as well as your information,
such as email addresses, IP addresses, timestamps, and other
user information, if required to do so by law or in the good
faith belief that such preservation or disclosure is reasonably
necessary to: comply with legal process; enforce these Terms;
respond to claims that any Content violates the rights of
third-parties; respond to claims that contact information
(e.g. phone number, street address) of a third-party has been
posted or transmitted without their consent or as a form of
harrassment; protect the rights, property, or personal safety
of foobai, its users or the general public. |
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5.No Spam Policy |
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You understand and agree that sending unsolicited email
advertisements to foobai email addresses or through foobai
computer systems is prohibited by these Terms. Any unauthorized
use of foobai computer systems is a violation of these Terms
and certain federal and state laws, including without limitation
the Computer Fraud and Abuse Act (18 U.S.C. ?1030 et seq.),
Section 502 of the California Penal Code and Section 17538.45
of the California Business and Professions Code. Such violations
may subject the sender and his or her agents to civil and
criminal penalties. |
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6.Limitations on service |
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You acknowledge that foobai may establish limits concerning
use of the Service, including the maximum number of days that
Content will be retained by the Service, the maximum number
and size of postings, email messages, or other Content that
may be transmitted or stored by the Service, and the frequency
with which you may access the Service. You agree that foobai
has no responsibility or liability for the deletion or failure
to store any Content maintained or transmitted by the Service.
You acknowledge that foobai reserves the right at any time
to modify or discontinue the Service (or any part thereof)
with or without notice, and that foobai shall not be liable
to you or to any third party for any modification, suspension
or discontinuance of the Service. |
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7.Termination of service |
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You agree that foobai, in its sole discretion, has the right
(but not the obligation) to delete or deactivate your account,
block your email or IP address, or otherwise terminate your
access to or use of the Service (or any part thereof), immediately
and without notice, and remove and discard any Content within
the Service, for any reason, including, without limitation,
if foobai believes that you have acted inconsistently with
the letter or spirit of the Terms. Further, you agree that
foobai shall not be liable to you or any third-party for any
termination of your access to the Service. Further, you agree
not to attempt to use the Service after said termination.
Sections 2, 4, 6 and 9-13 shall survive termination of these
Terms. |
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8.Dealings with organizations and individuals |
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Your interactions with organizations and/or individuals
found on or through the Service, including payment and delivery
of goods or services, and any other terms, conditions, warranties
or representations associated with such dealings, are solely
between you and such organizations and/or individuals. You
agree that foobai shall not be responsible or liable for any
loss or damage of any sort incurred as the result of any such
dealings. If there is a dispute between participants on this
site, or between users and any third party, you understand
and agree that foobai is under no obligation to become involved.
In the event that you have a dispute with one or more other
users, you hereby release foobai, its officers, employees,
agents and successors in rights from claims, demands and damages
(actual and consequential) of every kind or nature, known
or unknown, suspected and unsuspected, disclosed and undisclosed,
arising out of or in any way related to such disputes and
/ or our service. If you are a California resident, you waive
California Civil Code Section 1542, which says: "A general
release does not extend to claims which the creditor does
not know or suspect to exist in his favor at the time of executing
the release, which, if known by him must have materially affected
his settlement with the debtor." |
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9.Proprietary rights |
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The Service is protected to the maximum extent permitted
by copyright laws and international treaties. Content displayed
on or through the Service is protected by copyright as a collective
work and/or compilation, pursuant to copyrights laws, and
international conventions. Any reproduction, modification,
creation of derivative works from or redistribution of the
Sites or the collective work is prohibited. Copying or reproducing
the sites or any portion thereof to any other server or location
for further reproduction or redistribution is prohibited.
You further agree not to reproduce, duplicate or copy Content
from the Service, and agree to abide by any and all copyright
notices displayed on the Service. You may not decompile or
disassemble, reverse engineer or otherwise attempt to discover
any source code contained in the Service. Without limiting
the foregoing, you agree not to reproduce, duplicate, copy,
sell, resell or exploit for any commercial purposes, any aspect
of the Service. FOOBAI is a registered mark in the U.S. Patent
and Trademark Office.
Although foobai does not claim ownership of content that its
users post, by posting Content to any public area of the Service,
you automatically grant, and you represent and warrant that
you have the right to grant, to foobai an irrevocable, perpetual,
non-exclusive, fully paid, worldwide license to use, copy,
perform, display, and distribute said Content and to prepare
derivative works of, or incorporate into other works, said
Content, and to grant and authorize sublicenses (through multiple
tiers) of the foregoing.
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10.Disclaimer of Warranties |
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you agree that use of the foobai site and the service is
entirely at your own risk. the foobai site and the service
are provided on an "as is" or "as available"
basis, without any warranties of any kind. all express and
implied warranties, including, without limitation, the warranties
of merchantability, fitness for a particular purpose, and
non-infringement of proprietary rights are expressly disclaimed
to the fullest extent permitted by law. to the fullest extent
permitted by law, foobai disclaims any warranties for the
security, reliability, timeliness, accuracy, and performance
of the foobai site and the service. to the fullest extent
permitted by law, foobai disclaims any warranties for other
services or goods received through or advertised on the foobai
site or the sites or service, or accessed through any links
on the foobai site. to the fullest extent permitted by law,
foobai disclaims any warranties for viruses or other harmful
components in connection with the foobai site or the service. |
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11.Limitations of Liability |
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Your use of foobai is entirely at your risk. Foobai makes
no representations or warranties about the content, the service
or the performance of its site. Under no circumstances shall
foobai be liable for direct, indirect, incidental, special,
consequential or exemplary damages resulting from any aspect
of your use of the foobai site or the service, whether the
damages arise from use or misuse of the foobai site or the
service, from inability to use the foobai site or the service,
or the interruption, suspension, modification, alteration,
or termination of the foobai site or the service. Such limitation
shall also apply with respect to damages incurred by reason
of other services or products received through or advertised
in connection with the foobai site or the service or any links
on the foobai site, as well as by reason of any information
or advice received through or advertised in connection with
the foobai site or the service or any links on the foobai
site. These limitations shall apply to the fullest extent
permitted by law. |
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12.Indemnity |
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You agree to indemnify and hold foobai, its officers, subsidiaries,
affiliates, successors, assigns, directors, officers, agents,
service providers, suppliers and employees, harmless from
any claim or demand, including reasonable attorney fees and
court costs, made by any third party due to or arising out
of Content you submit, post or make available through the
Service, your use of the Service, your violation of the Terms,
your breach of any of the representations and warranties herein,
or your violation of any rights of another. |
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13.Miscellaneous |
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The Terms constitute the entire agreement between you and
foobai and govern your use of the Service, superceding any
prior agreements between you and foobai. The Terms and the
relationship between you and foobai shall be governed by the
laws of the State of California without regard to its conflict
of law provisions. You and foobai agree to submit to the personal
and exclusive jurisdiction of the courts located within the
county of San Francisco, California. The failure of foobai
to exercise or enforce any right or provision of the Terms
shall not constitute a waiver of such right or provision.
If any provision of the Terms is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions
of the Terms remain in full force and effect. You agree that
regardless of any statute or law to the contrary, any claim
or cause of action arising out of or related to use of the
Service or the Terms must be filed within one (1) year after
such claim or cause of action arose or be forever barred. |
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14.Violations of Terms and Liquidated Damages |
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Please report any violations of the Terms, by flagging the
posting(s) for review, or by emailing to legal@foobai.com.
Our failure to act with respect to a breach by you or others
does not waive our right to act with respect to subsequent
or similar breaches.
You understand and agree that, because damages are often difficult
to quantify, if actual damages cannot be reasonably calculated
then you will be liable to pay foobai liquidated damages as
follows:
a. If you post a message that (1) impersonates any person
or entity; (2) falsely states or otherwise misrepresents your
affiliation with a person or entity; or (3) that includes
personal or identifying information about another person without
that person's explicit consent, you agree to pay foobai $1000
for each such message.
b. If foobai establishes limits on the frequency with which
you may access the Service, or terminates your access to or
use of the Service, you agree to pay foobai $1000 for each
message posted in excess of such limits or for each day on
which you access foobai in excess of such limits, whichever
is higher.
c. If you send unsolicited email advertisements to foobai
email addresses or through foobai computer systems, you agree
to pay foobai $1000 for each such email.
d. If you post messages in violation of these Terms of Use,
other than as described above, you agree to pay foobai $1000
for each such message. In its sole discretion, foobai may
elect to issue a warning before assessing damages.
Otherwise, you agree to pay foobai's actual damages, to the
extent such actual damages can be reasonably calculated.
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