Terms of Service
Please read this Agreement carefully before accessing or using EatNourishing. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services.
Your Account. If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection. You must immediately notify EatNourishing of any unauthorized uses of your account or any other breaches of security. EatNourishing will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Author’s Rights. You shall continue to retain all authorship and copyrights to Content submitted for publication through the Site.
Content. By making Content available, you hereby represent, acknowledge, undertake and warrant that: (i) the content is your own work; (ii) shall not infringe on any third parties’ copyrights; (iii) shall not contain any derogatory, offensive, unlawful, vulgar, profane, obscene, harassing, defamatory, abusive or harmful content.
By submitting Content to EatNourishing (also known hereafter as the “Site”) for inclusion on the Site, you retain all copyrights and authorship to your work, but grant EatNourishing a world-wide, royalty-free, irrevocable, and non-exclusive license to reproduce, modify, adapt and publish the Content on the Site as well as social media outlets and email newsletters, as well as allow users of the site to view and use the content, free of charge, for any such purpose permitted by EatNourishing, provided such use shall not be for profit generating purposes. We will not reproduce your work in other ways without express written consent from you, the author.
EatNourishing shall not be obligated to publish any Content submitted for publication on the Site, nor shall EatNourishing be obligated to publish any submitted Content for any certain amount of time.
Without limiting any of those representations or warranties, EatNourishing has the right (though not the obligation) to, in EatNourishing’s sole discretion (i) refuse or remove any content that, in EatNourishing’s reasonable opinion, violates any EatNourishing policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Site to any individual or entity for any reason, in EatNourishing’s sole discretion.
Sharing Incentive Program. In order to publish content for the Sharing Incentive Program (hereto after referred to as “SIP”) you may be required to supply certain personal details which EatNourishing, in its sole discretion, shall deem necessary for remuneration.
Users are required to apply for the SIP by filling out an application form. EatNourishing reserves the right, in its sole discretion, to approve applicants for the SIP program or not. EatNourishing shall not be obligated to confirm applications in any specific time frame.
By participating in the SIP, you acknowledge and agree that EatNourishing will determine, in its sole discretion and pursuant to its own methodology how much money (if any) you earn for the Content you submit.
Royalties will be paid out the following month after the 10th to the email address associated with your account on EatNourishing. You must have accrued at least $10.oo for the month to receive payment. Any royalties under $10.00 for the month will be rolled over to the next month and added to it.
You acknowledge that you are an independent contractor and this Agreement does not create an employment or agency relationship.
Writing Guidelines. EatNourishing may publish writing guidelines for Content submitted for publication (such as, but not limited to: number of words, photo requirements, formatting requirements, etc.). If such guidelines are published, the Content shall be required to comply with such guidelines.
Third Party Content. We have not reviewed, and cannot review, all of the material, made available through the websites to which EatNourishing links, and that link to EatNourshing. EatNourshing does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to another website or webpage, EatNourshing does not represent or imply that it endorses such website or webpage.
Copyright Infringement and DMCA Policy. As EatNourshing asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on EatNourshing violates your copyright, you are encouraged to notify EatNourshing in accordance with EatNourishing’s Digital Millennium Copyright Act (“DMCA”) Policy as outlined below. EatNourshing will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. EatNourishing will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of EatNourishing or others.
If you believe that content available by means of EatNourishing infringes one or more of your copyrights, please notify us by providing a written notice (“Infringement Notice”) containing the information described below to the designated agent listed below. If EatNourishing takes action in response to an Infringement Notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by such party to EatNourishing.
Send your complaint to our designated agent. (we prefer email):
PO Box 713
Littlerock, CA 93543
Include the following information:
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
- An identification of the copyright claimed to have been infringed;
- A description of the nature and exact location of the content that you claim to infringe your copyright, in sufficient detail to permit Automattic to find and positively identify that content; for example we require a link to the specific blog post (not just the name of the blog) that contains the content and a description of which specific portion of the blog post – an image, a link, the text, etc – your complaint refers to;
- Your name, address, telephone number and email address; and
- A statement by you: (a) that you believe in good faith that the use of the content that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner’s agent; (b) that all of the information contained in your Infringement Notice is accurate, and (c) under penalty of perjury, that you are either the copyright owner or a person authorized to act on their behalf.
Intellectual Property. This Agreement does not transfer from EatNourshing to you any EatNourshing or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with EatNourshing. EatNourshing, EatNourshing.com, the EatNourshing.com logo, and all other trademarks, service marks, graphics and logos used in connection with EatNourshing.com, or the Website are trademarks or registered trademarks of EatNourshing or EatNourshing’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any EatNourshing or third-party trademarks.
Changes. EatNourshing reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Site following the posting of any changes to this Agreement constitutes acceptance of those changes. EatNourshing may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination. EatNourshing may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your EatNourshing.com account (if you have one), you may email us using the contact form.
Disclaimer of Warranties. EatNourishing is provided “as is”. EatNourshing and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither EatNourshing nor its suppliers and licensors, makes any warranty that the Site will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through EatNourshing at your own discretion and risk.
Limitation of Liability. In no event will EatNourshing, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to EatNourshing under this agreement during the twelve (12) month period prior to the cause of action. EatNourshing shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Indemnification. You agree to indemnify and hold harmless EatNourshing, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Miscellaneous. This Agreement constitutes the entire agreement between EatNourshing and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of EatNourshing, or by the posting by EatNourshing of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Los Angeles County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Los Angeles County, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; EatNourshing may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
- Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
- We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
- We will only retain personal information as long as necessary for the fulfillment of those purposes.
- We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
- Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
- We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
- We will make readily available to customers information about our policies and practices relating to the management of personal information.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.