This statement covers the entire Food Smackdown website (“FS Website”) and any associated content including email and RSS feeds. Please read this statement carefully before proceeding to access any of the FS Website. Your use of the FS Website indicates your agreement to abide by the Terms in effect.
Use of Content
Food Smackdown provides a feed for its site:
Creative Commons License
Food Smackdown provides a general license to use this feed, provided that it is not modified in anyway (including the stripping of ads) with the exception of image stripping as detailed below:
All commercial uses of feeds (e.g. websites generating revenue through advertisements including AdSense) must strip all images from the feed to ensure copyright compliance with our images and our third party photographic agency licenses.
1. The FS Website logo and URL must appear prominently at the top of each page displaying site content.
2. Internal links in the FS Website content must not be removed.
3. The format or branding of the headlines, text and other information provided in the RSS feeds must not be modified.
4. “Read More…” links back to original FS Website at the end of each post must be included on content pages and may not be removed.
1. The FS Website logo and URL must appear prominently at the top of each section displaying site content.
2. Content will appear unedited, except for replacement of hyperlinks with full URLs and use of product manufacturer’s site links where appropriate.
3. Images from the FS Website must not be used in print without you obtaining the appropriate copyright clearances yourself.
1. The RSS feeds may not be spliced into or otherwise redistributed by third-party RSS providers.
2. No content, including any advertisements or other promotional content, shall be added to the RSS feeds.
3. Images must be removed from open syndication feeds and commercial feeds (please contact Food Smackdown for more details)
4. Food Smackdown reserves the right to object to your presentation of the RSS feeds and the right to require you to cease using the RSS feeds at any time.
5. Food Smackdown further reserves the right to terminate its distribution of the RSS feeds or change the content or formatting of the RSS feeds at any time without notice to you.
6. Food Smackdown provides this content “as is” and Food Smackdown shall not be held liable for your use of the information or the feeds.
7. Use of a Site’s content, including text and images, on your site, or in print, is entirely at your discretion. Food Smackdown is not responsible for any complaints regarding content or images that you choose to display on your site or in print.
TO THE FULLEST EXTENT ALLOWED, FOOD SMACKDOWN DISCLAIMS ALL WARRANTIES INCLUDING WARRANTIES FOR MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. By accessing the RSS feeds or the XML instructions provided above, you indicate that you understand and agree to these terms and conditions.
The comments sections on the FS Website are accessible to users who have registered.
In order to make our comments useful and interesting, the following guidelines have been established for comment users:
• Do not post threatening, harassing, defamatory, or libelous material.
• Do not intentionally make false or misleading statements.
• Do not offer to sell or buy any product or service.
• Do not post material that infringes copyright.
• Do not post information that you know to be confidential or sensitive or otherwise in breach of the law.
• Keep all comments relevant to the particular topic or post where the comment is being posted.
• Food Smackdown will not accept responsibility for information posted in the Comments.
If Food Smackdown receives notice that a comment post is not in keeping with these terms and conditions or the intended use of the comments, we reserve the right to remove that comment posting. The removal of any comment shall be solely at the discretion of Food Smackdown.
Food Smackdown usually displays images as part of the blog posts and features written by our editors. Pictures used within the blog posts are photos taken and copyrighted by Food Smackdown. Copying, redisplaying, re-using, re-formatting, modifying any images within the blog posts or anywhere on the Food Smackdown website is strictly prohibited. The only exception is if Food Smackdown provides written consent to use its pictures and in that instance “Photo by Food Smackdown” must be visible on the picture to give proper credit.
If you think we have published an image or text that infringes your copyright, we will address your concerns. Please note that we will respond only to notices of alleged infringement that comply with the Digital Millennium Copyright Act. The text of the Act can be found at the U.S. Copyright Office Web Site, http://lcWeb.loc.gov/copyright/
To file a notice of infringement with us, you must provide a written communication (by email with an attached and signed PDF or by fax) that sets forth the items specified below. Please do not send us regular mail, as we may not receive it in a timely fashion. In all cases, if you do not hear a response from us within 10 days of submitting a complaint, please contact us via email to confirm that we received your original complaint.
To enable us to address your concerns, please provide the following information:
1. For each allegedly infringing image or piece of text that you wish to have removed from our site, provide the exact permanent URL for the page containing the material.
2. Provide information reasonably sufficient to permit us to contact you: an email address is preferred, as well as a telephone contact number.
3. Provide the following information detailing your claim to ownership of the copyright in the allegedly infringing material:
o Proof of copyright in the image or text concerned, namely proof of registration of the Image under the DMCA,
OR, absent such registration,
o a detailed description of where the photograph was taken, by whom, who or what the subject of the image is, AND
o Evidence to support your claim that you own the copyright in the image.
We will not comply with requests to remove an image where the complainant cannot prove that they own the copyright in the image in question.
4. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
5. Sign the document and fax it to:
(760)-798-2881, Attn: Food Smackdown / DMCA Complaint
OR email it to: support AT foodsmackdown DOT com
Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that any material on our sites is infringing your copyrights.
Indeed, in a recent case a company that sent an infringement notification seeking removal of online materials that were protected by the Fair Use doctrine was ordered to pay such costs and attorneys’ fees. The company agreed to pay over $100,000. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
Please note that a copy of each legal notice we receive will be sent (with your personal information removed) to Chilling Effects for publication.
You can see an example of such a publication at http://www.chillingeffects.org/dmca512/notice.cgi?NoticeID=861.
We also reserve the right to publish your letter on the site.
External Links Disclaimer
Food Smackdown routinely contain links to external, third party websites. By providing links to other sites, Food Smackdown does not guarantee, approve or endorse the information or products available at the FS Websites, nor does a link indicate any association with or endorsement by the linked site to Food Smackdown.
Food Smackdown does not operate or control and has no responsibility for the information, products and/or services found on any external sites. Nor do such links represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.
Visitors to the FS Website assume complete responsibility and risk in their use of any external sites. Visitors should direct any concerns regarding any external link to its site administrator or webmaster.
Notification of Changes
If you have any questions or notices of violations to these terms and conditions, please contact us through our form or send an email to support AT foodsmackdown DOT com.