FatSecret Brand Tools are set of tools to assist organizations submit, manage and share
nutrition and related information about their products, and to make that
information accessible to consumers. FatSecret Brand Tools are open and free
for all food and beverage brand owners, big and small, from consumer food
brands to restaurant chains and private label supermarkets, anywhere in the
world to use. FatSecret Brand Tools together with the FatSecret Platform API, a
free and open API for developers to access and utilize nutrition and related
product data, form the FatSecret Platform. The aim of the FatSecret Platform
is to organize and make accessible reliable and accurate product nutrition
information so consumers can make informed choices.
1. Use of FatSecret Brand Tools
By using FatSecret Brand Tools you agree to the following terms and conditions
and any changes or amendments ("Terms of Use"). Fatsecret.com ("FatSecret")
reserves the right, from time to time, with or without notice to you, to change
these Terms of Use in our sole discretion. The most current version of the
Terms of Use will supersede all previous versions. By using the FatSecret Brand
Tools after changes are made to the Terms of Use you agree to be bound by such
changes. Your only recourse if you disagree with the Terms of Use, or changes
to the Terms of Use, is to discontinue your use of the Brand Tools. As such,
you should review the Terms of Use periodically.
FatSecret reserves the right to modify or discontinue, temporarily or permanently, FatSecret
Brand Tools with or without notice. You agree that FatSecret shall not be
liable to you for any modification, suspension or discontinuance of FatSecret
Brand Tools.
You represent that you have power, capacity and authority to accept these Terms of
Use and if you are accepting on behalf of your employer or another entity
that you have legal authority to bind your employer or such entity to these
Terms of Use.
Should you wish to use the FatSecret Brand Tools, you will need to register
for an account and provide accurate identification and contact information (including
a current email address and other required contact information) as part of the
registration process and for continued use. You are responsible for maintaining
up-to-date and accurate information for your account. You are responsible for
maintaining the secrecy and security of your account and for all activities
that occur using your account, regardless of whether such activities are undertaken
by you or a third party. You agree to immediately notify FatSecret of any
unauthorized use of your account or any other breach of security
2. Content and Conduct
You understand that all information, data, text, graphics and all other
material ("Content"), whether posted publicly or not are the sole
responsibility of the person who submitted such Content and you agree that you
are responsible for all Content that you submit to FatSecret Brand Tools. You
may submit Content to FatSecret Brand Tools using various means, including data
feeds or submissions through FatSecret Brand Tools and you agree to submit
Content in a manner that complies with specifications provided by FatSecret to
enable proper submission of the Content. If the Content you submit contains
URLs, you agree that FatSecret has the right to access the URLs and the Content
itself.
You agree that FatSecret has no responsibility for the deletion or failure to store
any Content, maintained by FatSecret Brand Tools. While FatSecret has no limit on
Content accessed and stored by FatSecret Brand Tools, we retain the right, at
our sole discretion, to create limits at any time with or without notice.
You agree to use FatSecret Brand Tools only for purposes that are legal, proper and
in accordance with these Terms of Use.
You must not:
- use
FatSecret Brand Tools for any illegal or unauthorized purpose or that violates
any law or regulation or any right of any person, including rights of privacy
and/or personality;
- restrict
or hamper any other user from using FatSecret Brand Tools;
- upload
any inappropriate, defamatory, infringing, obscene or unlawful Content;
- upload
or make available any Content that infringes any patent, trademark, copyright,
trade secret or other proprietary right of any party, unless you are the owner
of such rights or have the permission of the owner to post such Content;
- copy,
rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer
or decompile (except to the limited extent expressly authorized by law), modify
or alter any part of the FatSecret Brand Tools, without FatSecret's prior
written consent;
- impersonate
another person or entity, create user accounts under false or fraudulent
pretenses or upload viruses, worms, defects or any items of a destructive
nature;
- use
FatSecret Brand Tools to provide diet, nutrition or health advice, guidance or
diagnosis; and
- use
any application or device to retrieve or index any portion of FatSecret Brand
Tools or collect information about users for any unauthorized purpose.
While
FatSecret prohibits such conduct and Content in connection with FatSecret Brand
Tools, you understand and agree that FatSecret may or may not pre-screen
Content and shall have the right (but not the obligation) in our sole
discretion to pre-screen, refuse or remove any Content submitted to FatSecret
Brand Tools.
You
understand and agree that FatSecret may monitor your use of FatSecret Brand
Tools to verify your compliance with these Terms of Use and you agree not to
block or interfere with such efforts by FatSecret in any way.
3. Proprietary Rights
You
acknowledge that the FatSecret Brand Tools are owned by FatSecret and that any
software used in connection with FatSecret Brand Tools contain proprietary and
confidential information that is protected by applicable intellectual property
and other laws. Subject to the restrictions described in these Terms of Use,
FatSecret grants you a non-exclusive, revocable, nonsublicensable,
nontransferable license to use FatSecret Brand Tools.
You
retain any intellectual property rights in the Content you submit. By
submitting Content through FatSecret Brand Tools, you grant FatSecret, under
those intellectual property rights, a worldwide, non-exclusive, royalty-free,
license to distribute, reproduce, modify, perform and display and otherwise use
the Content in the FatSecret Platform. This license is solely for the purpose
of promoting and improving the FatSecret Platform.
4. Termination
You
may cancel your use of FatSecret Brand Tools at any time by providing notice to
FatSecret by contacting us; once the appropriate databases
are updated or refreshed then your account will be terminated.
FatSecret
may at any time and for any reason, including a period of account inactivity,
terminate your access to FatSecret Brand Tools or suspend or terminate your
account. In the event of termination, your account will be disabled and you may
not be granted access to your account or Content contained in your account
although residual copies of information may remain in our system.
5. Support
While FatSecret seeks to provide users with assistance and guidance in using
FatSecret Brand Tools, these Terms of Use do not entitle you to any support for
FatSecret Brand Tools, unless you make separate arrangements with FatSecret. FatSecret
may elect to provide you with support or modifications for FatSecret Brand
Tools in our absolute discretion, and may terminate such support at any time
without notice to you.
6. Disclaimer
FatSecret
does not represent or warrant that FatSecret Brand Tools are free of
inaccuracies, errors, bugs or interruptions, or are reliable, accurate or
complete. FatSecret Brand Tools are provided "s is" with no warranty, express
or implied, of any kind and FatSecret expressly disclaims any and all
warranties and conditions, including but not limited to, any implied warranty
of merchantability, accuracy, results of use, fitness for a particular purpose,
availability, security, title and non-infringement of third-party rights.
Your
use of FatSecret Brand Tools are at your own discretion and risk and you will
be solely responsible for any damage that results from their use.
7. Limitation of Liability
FatSecret
shall not, under any circumstances, be liable to you or any third party for any
indirect, consequential, exemplary, incidental, special or punitive damages,
including for loss of profits, lost or corrupted data, computer malfunction or
business interruption, arising out of or in connection with your use of FatSecret
Brand Tools, even if FatSecret has been advised of the possibility of such
damages. FatSecret disclaims all liability of any kind for any third party
Content.
8. Indemnity
To
the maximum extent permitted by applicable law, you agree to indemnify and hold
FatSecret, its subsidiaries, and affiliates, and their respective officers,
agents, partners and employees, harmless from any loss, liability, claim, or
demand, including reasonable attorneys' fees, made by any third party due to or
arising out of or in connection with your use of FatSecret Brand Tools. Fatsecret
shall use good faith efforts to provide you with written notice of such claim
or demand.
9. General
- 9.1 These
Terms of Use constitute the entire agreement between you and FatSecret
regarding the use of FatSecret Brand Tools.
- 9.2 Notwithstanding
any provision to the contrary, for all purposes of these Terms of Use, you and FatSecret
shall be and act independently and not as partner, joint venturer, agent,
employee or employer of the other. You shall not have any authority to assume
or create any obligation for or on behalf of FatSecret, express or implied, and
you shall not attempt to bind FatSecret to any contract.
- 9.3 The
failure of FatSecret to exercise or enforce any right or provision of these
Terms of Use shall not operate as a waiver of such right or provision.
- 9.4 If
any provision of these Terms of Use is unlawful, void or unenforceable, that
provision is deemed severable from these Terms of Use and does not affect the
validity and enforceability of any remaining provisions.
- 9.5 These
Terms of Use and any dispute about or involving FatSecret Brand Tools shall be
governed by and construed in accordance with the laws of the State of Victoria,
Australia, without regard to conflict of law provisions. You agree that any
action at law or in equity arising out of or relating to your use of the
FatSecret Brand Tools or these Terms of Use shall be filed only in the state or
federal courts located in Victoria, Australia and you hereby consent and submit
to the personal jurisdiction of such courts for the purposes of litigating any
such action, provided that the foregoing shall not prevent FatSecret from
seeking injunctive relief in a court of competent jurisdiction.