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24 May 2018
FatSecret is an online diet, nutrition and weight loss community service that
allows users to set up unique user profiles, track their activity, food and
weight and contribute information and content to help people achieve their diet,
nutrition and weight goals. The services offered by FatSecret("FatSecret"
or "we") include the FatSecret websites
and mobile applications, and any
other features, content, or applications offered from time to time by FatSecret
(collectively, the "Services").
These Terms and Conditions of Use ("Terms & Conditions") set out the
legally binding terms for your use of the Services and your continued use of the
Services represents your consent to these Terms & Conditions whether you are a
"Visitor" (which means you simply use Services without registering)
or a "Member" (which means you have a registered account). These Terms
& Conditions includes FatSecret's policy for acceptable use of the Services
and Content posted on FatSecret, your rights, obligations and restrictions
regarding your use of the Services and FatSecret's Privacy Policy.
Please choose carefully the information you post on FatSecret and that you provide
to other users. Your FatSecret profile may not include the following items:
telephone numbers, street addresses, last names, and any photographs containing
nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or
otherwise objectionable subject matter. Despite this prohibition, information
provided by other FatSecret Members (for instance, in their Profile) may contain
inaccurate, inappropriate, offensive or sexually explicit material, products or
services, and FatSecret assumes no responsibility or liability for this material.
If you become aware of misuse of the Services by any person, please contact
contact@fatsecret.com or click on the
"Report Abuse" link at the bottom of any FatSecret page.
FatSecret reserves the right, in its sole discretion, to reject, refuse to post or
remove any posting (including private messages) by you, or to restrict, suspend, or
terminate your access to all or any part of the Services at any time, for any or no
reason, with or without prior notice, and without liability.
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Eligibility
Use of the Services is void where prohibited. You do not have to become a
registered user to use some of the Services. However, if you do not register, you
may be precluded from using certain elements of the Services, such as participation
in, and contribution to, any Forum, meaning any chat room, message board, bulletin
board, or similar activity where you and other Members can communicate.
By using the Services, you represent and warrant that (a) all registration information
you submit is true, accurate and complete, and that you will maintain the accuracy of
such information; (b) all information that you provide us in using the Services will be
true, accurate and complete; (c) you are 13 years of age or older; and (d) your use of
the Services does not violate any applicable law or regulation. Your profile may be
deleted, your use of the Services suspended and your Membership may be terminated without
warning, if you provide any information that is untrue, inaccurate or incomplete or we
have reasonable grounds to suspect this is the case or that you are under 13 years of age.
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Term
These Terms & Conditions shall remain in full force and effect while you use the
Services or are a Member. You may terminate your Membership at any time, for any reason.
FatSecret may terminate your Membership at any time, without warning. Even after Membership
is terminated, these Terms & Conditions will remain in effect.
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Fees
While FatSecret is free, you acknowledge that FatSecret reserves the right to charge for
the Services and to change its fees from time to time in its discretion.
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Password
When you sign up to become a Member, you will also be asked to choose a password. You are
entirely responsible for maintaining the confidentiality of your password. You agree not to
use the account, username, or password of another Member at any time or to disclose your
password to any third party. You agree to notify FatSecret immediately if you suspect any
unauthorized use of your account or access to your password. You are solely responsible for
any and all use of your account.
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Non-commercial Use by Members
The Services are for the personal use of Members only and may not be used in connection with
any commercial endeavors except those that are specifically endorsed or approved by FatSecret.
Illegal and/or unauthorized use of the Services, including collecting usernames and/or email
addresses of Members by electronic or other means for the purpose of sending unsolicited email
or unauthorized framing of or linking to FatSecret. Commercial advertisements, affiliate links,
and other forms of solicitation may be removed from Member profiles without notice and may
result in termination of Membership privileges. Appropriate legal action will be taken for any
illegal or unauthorized use of the Services.
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Proprietary Rights in Content on FatSecret
By displaying or publishing ("posting") any Content, messages, text, files, images,
photos, video, sounds, profiles, works of authorship, or any other materials (collectively,
"Content") on or through the Services, you hereby grant to FatSecret, a non-exclusive,
fully-paid and royalty-free, worldwide license (with the right to sublicense through unlimited
levels of sublicensees) to use, copy, modify, adapt, translate, publicly perform, publicly
display, store, reproduce, transmit, and distribute such Content on and through the Services.
This license will terminate at the time you remove such Content from the Services.
Notwithstanding the foregoing, a back-up or residual copy of the Content posted by you may
remain on the FatSecret servers after you have removed the Content from the Services, and
FatSecret retains the rights to those copies. You represent and warrant that: (i) you own the
Content posted by you on or through the Services or otherwise have the right to grant the
license set forth in this section, and (ii) the posting of your Content on or through the
Services does not violate the privacy rights, publicity rights, copyrights, contract rights or
any other rights of any person. You agree to pay for all royalties, fees, and any other monies
owing any person by reason of any Content posted by you to or through the Services.
The Services contain Content of FatSecret ("FatSecret Content"). FatSecret Content is
protected by copyright, trademark, patent, trade secret and other laws, and FatSecret owns and
retains all rights in the FatSecret Content and the Services. FatSecret hereby grants you a
limited, revocable, nonsublicensable license to reproduce and display the FatSecret Content
(excluding any software code) solely for your personal use in connection with viewing FatSecret
and using the Services.
The Services contain Content of Users and other FatSecret licensors. Except for Content posted
by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform,
display, or sell any Content appearing on or through the Services.
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Content Posted
FatSecret may delete any Content that in the sole judgment of FatSecret violates these Terms &
Conditions or which may be offensive, illegal or violate the rights, harm, or threaten the safety
of any person. FatSecret assumes no responsibility for monitoring the Services for inappropriate
Content or conduct. If at any time FatSecret chooses, in its sole discretion, to monitor the
Services, FatSecret nonetheless assumes no responsibility for the Content, no obligation to modify
or remove any inappropriate Content, and no responsibility for the conduct of the User submitting
any such Content.
You are solely responsible for the Content that you post on or through any of the Services, and
any material or information that you transmit to other Members and for your interactions with other
Users. FatSecret does not endorse and has no control over the Content. Content is not necessarily
reviewed by FatSecret prior to posting and does not necessarily reflect the opinions or policies of
FatSecret. FatSecret makes no warranties, express or implied, as to the Content or to the accuracy
and reliability of the Content or any material or information that you transmit to other Members.
You understand that by using the Services, you may be exposed to Content that is offensive or
objectionable. Under no circumstances will we be liable in any way for any Content (other than for
Content developed by us), including, but not limited to, for any errors or omissions in 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 transmitted to or through the Services.
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Parental or Guardian Permission
Some of the Content may not be appropriate for children. Children under the age of 13 are not
permitted to use the Services. FatSecret strongly recommend that children between the ages of 13 and
18 ask for their parent’s or guardian’s permission before using the Services.
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Content/Activity Prohibited
The following is a partial list of the kind of Content that is illegal or prohibited to post on or
through the Services. FatSecret reserves the right to investigate and take appropriate legal action
against anyone who, in FatSecret's sole discretion, violates this provision, including without
limitation, removing any offending communication from the Services and terminating the Membership of
such violators. Prohibited Content and activity includes, but is not limited to Content that, in the
sole discretion of FatSecret:
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is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any
group or individual;
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harasses or advocates harassment of another person;
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exploits people in a sexual or violent manner;
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contains nudity, violence, or offensive subject matter or contains a link to an adult website;
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solicits personal information from anyone under 18 or harms minors in any way;
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provides any telephone numbers, street addresses, last names, URLs or email addresses;
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promotes information that you know is false or misleading or promotes illegal activities or
conduct that is abusive, threatening, obscene, defamatory or libelous;
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promotes an illegal or unauthorized copy of another person's copyrighted work or contains materials
that infringe upon any patent trademark, trade secret, copyright, right of privacy or publicity or
other proprietary rights of any party;
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contains information that you do not have a right to post under any law or under contractual or
fiduciary relationships (such as proprietary and confidential information);
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involves the transmission of "junk mail", "chain letters", "pyramid
schemes", or unsolicited mass mailing, instant messaging, "spimming", or
"spamming";
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contains restricted or password only access pages or hidden pages or images (those not linked to or
from another accessible page);
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furthers or promotes any criminal activity or enterprise or provides instructional information about
illegal activities;
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solicits passwords or personal identifying information for commercial or unlawful purposes from
other Users;
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involves commercial activities and/or sales without our prior written consent such as contests,
sweepstakes, barter, advertising, or pyramid schemes; or
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includes a photograph of another person that you have posted without that person's consent.
The following is a partial list of the kind of activity that is illegal or prohibited on FatSecret
Services. FatSecret reserves the right to investigate and take appropriate legal action against
anyone who, in FatSecret's sole discretion, violates this provision, including without limitation,
reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
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criminal or tortious activity, including child pornography, fraud, trafficking in obscene material,
drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other
harmful files, copyright infringement, patent infringement, or theft of trade secrets;
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advertising to, or solicitation of, any Member to buy or sell any products or services through the
Services. You may not transmit any chain letters or junk email to other Members. It is also a
violation of these rules to use any information obtained from the Services in order to contact,
advertise to, solicit, or sell to any Member without their prior explicit consent;
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covering or obscuring the banner advertisements on any FatSecret page via HTML/CSS or any other means;
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modifying, adapting, translating or reverse engineering any portion of the Services;
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using any robot, spider, site search/retrieval application, or other automated device, process or
means to access, query, retrieve, index or otherwise collect any portion of the Services (other than
with the consent of FatSecret);
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accessing, retrieving or indexing any portion of the Services for purposes of constructing or
populating a searchable database that is in any way similar to FatSecret Content;
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any automated use of the system, such as using scripts to send comments or messages;
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interfering with, disrupting, or creating an undue burden on the Services or the networks or services
connected to the Services;
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attempting to impersonate another Member or person;
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using the account, username, or password of another Member at any time or disclosing your password to
any third party or permitting any third party to access your account;
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selling or otherwise transferring your profile;
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using any information obtained from the Services in order to harass, abuse, or harm another person;
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displaying an advertisement on your profile, or accepting payment or anything of value from a third
person in exchange for your performing any commercial activity on or through the Services on behalf of
that person, such as placing commercial content on your profile, posting blogs or bulletins with a
commercial purpose or sending private messages with a commercial purpose; or
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using the Services in a manner inconsistent with any and all applicable laws and regulations.
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Copyright Policy
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks,
or other proprietary information belonging to others without obtaining the prior written consent of
the owner of such proprietary rights. It is the policy of FatSecret to terminate Membership
privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of
prompt notification to FatSecret by the copyright owner or the copyright owner's legal agent. Without
limiting the foregoing, if you believe that your work has been copied and posted on the Services in a
way that constitutes copyright infringement, please provide our Copyright Agent with the following
information: (i) an electronic or physical signature of the person authorized to act on behalf of the
owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been
infringed; (iii) a description of where the material that you claim is infringing is located on the
Services; (iv) your address, telephone number, and email address; (v) a written 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; (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 owner or authorized to act on the copyright
owner's behalf. FatSecret's Copyright Agent for notice of claims of copyright infringement can be
contacted at copyrightagent@fatsecret.com.
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Member Disputes
You are solely responsible for your interactions with other FatSecret Members. FatSecret reserves the
right, but has no obligation, to monitor disputes between you and other Members.
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Privacy
Use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms
& Conditions by this reference.
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Health Disclaimer
FatSecret and its Services provide diet, weight loss management and nutritional information and are
intended only to assist users in their personal weight loss efforts. FatSecret is not a medical
organization and we cannot give you medical advice or diagnosis. Nothing contained in the FatSecret
Services should be construed as such advice or diagnosis. The information and reports generated by us
should not be interpreted as a substitute for physician consultation, evaluation, or treatment.
You are urged and advised to seek the advice of a physician before beginning any weight loss effort
or regimen. This Services are intended for use only by healthy adult individuals. The Services are not
intended for use by minors, pregnant women, or individuals with any type of health condition. Such
individuals are specifically warned to seek professional medical advice prior to initiating any form
of weight loss effort or regimen.
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Disclaimers
FatSecret is not responsible for any incorrect or inaccurate Content posted on or in connection with
the Services, whether caused by FatSecret, Users of the Services or by any of the equipment or
programming associated with or utilized in the Services. The Services may contain links to other
websites. FatSecret is not responsible for the Content, accuracy or opinions expressed on such websites,
and such websites are in no way investigated, monitored or checked for accuracy or completeness by
FatSecret. Inclusion of any linked website on the Services does not imply approval or endorsement of the
linked website by FatSecret. When you access these third-party sites, you do so at your own risk.
FatSecret takes no responsibility for third party advertisements which are posted on or through the
Services, nor does it take any responsibility for the goods or services provided by its advertisers.
FatSecret is not responsible for the conduct, whether online or offline, of any User of the Services.
FatSecret assumes no responsibility for any error, omission, interruption, deletion, defect, delay in
operation or transmission, communications line failure, theft or destruction or unauthorized access to,
or alteration of, any User or Member communication. FatSecret is not responsible for any problems or
technical malfunction of any telephone network or lines, computer online systems, servers or providers,
computer equipment, software, failure of any email or players due to technical problems or traffic
congestion on the Internet or on any of the Services or combination thereof, including any injury or
damage to Users or to any person's computer related to or resulting from participation or downloading
materials in connection with the Services. Under no circumstances shall FatSecret be responsible for any
loss or damage, including personal injury or death, resulting from use of the Services, attendance at a
FatSecret event, from any Content posted on or through the Services, or from the conduct of any Users of
the Services, whether online or offline. The Services are provided "AS-IS" and as available and
FatSecret expressly disclaims any warranty of fitness for a particular purpose or non-infringement.
FatSecret cannot guarantee and does not promise any specific results from use of the Services.
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Limitation on Liability
IN NO EVENT SHALL FATSECRET BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES,
EVEN IF FATSECRET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, FATSECRET'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM
OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO FATSECRET FOR THE FATSECRET
SERVICES DURING THE TERM OF MEMBERSHIP.
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Governing Law and Disputes
These Terms & Conditions and any dispute about or involving the Services 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
Services or these Terms & Conditions 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.
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Indemnity
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 your use of the Services in violation of
these Terms & Conditions and/or arising from a breach of these Terms & Conditions and/or any breach
of your representations and warranties set forth above and/or if any Content that you post on or through the
Services causes FatSecret to be liable to another.
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Other
These Terms & Conditions are accepted upon your use of the Services and is further affirmed by you
becoming a Member. These Terms & Conditions constitute the entire agreement between you and FatSecret
regarding the use of the Services. The failure of FatSecret to exercise or enforce any right or provision of
these Terms & Conditions shall not operate as a waiver of such right or provision. The section titles in
these Terms & Conditions are for convenience only and have no legal or contractual effect. These Terms
& Conditions operates to the fullest extent permissible by law. If any provision of these Terms &
Conditions is unlawful, void or unenforceable, that provision is deemed severable from these Terms &
Conditions and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: contact with any questions regarding these Terms & Conditions.
I HAVE READ THESE TERMS & CONDITIONS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
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