Legal

Terms of Use

Last Updated:  March 8, 2017

Welcome to The Food Lens!

These terms and conditions of use (the “Terms”) outline the rules and regulations for the use of The Food Lens website (the “Website”).  You should read these Terms carefully before accessing this Website.

By accessing, browsing, and/or using the Website, you acknowledge that you have read and understand, and agree to, these Terms in full.  If you do not accept all of the Terms, you do not have permission to access, browse, or use the Website and your sole and exclusive remedy is to discontinue using the Website.  These Terms may be updated by us at any time.  Your continued use of the Website after any such modifications constitutes your acceptance of the modified terms and conditions.  As such, we strongly recommend that you periodically visit this page of the Website to review the Terms.

Walden Woods Media LLC is the operator of the Website.  The following terminology applies to these Terms:  “You” and “Your” refers to you, the person accessing the Website and accepting these Terms.  “The Company”, “we”, or “us” refers to Walden Woods Media LLC.

Privacy

For information on how we collect, use, and disclose information from users of the Website (including the use of cookies), please review our Website Privacy Policy (available here).  Your use of the Website indicates your consent to the data practices stated in our Website Privacy Policy.

Intellectual Property Rights and Ownership

All the materials and information displayed on and/or accessible through the Website, including without limitation text, graphics, images, articles, moving images, sound, and illustrations (the “Content”), is the property of the Company or others and is protected by United States and international copyright and other laws.  All names, logos, trademarks, and service marks displayed on the Website (the “Trademarks”) are the property of the Company or their respective owners, who may or may not be affiliated with the Company.  Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Content or Trademark without the written permission of the Company or such other party that may own the applicable Content or Trademark.  Nothing in these Terms constitutes a waiver of any trademark, copyright, or other intellectual property rights.  The Company reserves the right to enforce its intellectual property rights to the full extent of the law.  

Notification to the Company

If you believe that anything posted on the Website infringes any intellectual property right that you own or control, please provide the Company with the following written information:

  1. Name, address, telephone number, e‐mail address, and physical or electronic signature of the rights holder or someone authorized to act on the rights holder’s behalf;
  2. A description of the intellectual property that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on the Website, with enough detail that the Company may find it;
  4. A written statement that you have a good faith belief that the disputed use is not authorized by the rights holder, its agent, or the law; and
  5. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the rights holder or authorized to act on the rights holder’s behalf.

The Company’s agent for notice of claims of intellectual property right infringement on the Website can be reached at info@thefoodlens.com, attention:  Sarah Jesup.

Use of the Website

By accepting these Terms through your use of the Website, you certify that you are 18 years of age or older. If you are under the age of 18, you may not use or access the Website.  The Website does not knowingly collect personal information about children under the age of 13.

You may view and/or print pages from http://www.thefoodlens.com solely for your own personal, informational, non-commercial use subject to the restrictions set in these Terms.

You must not:

  1. Modify any Content;
  2. Republish or display any Content, including without limitation on any other website or networked computer environment;
  3. Sell, rent, or sub-license any Content;
  4. Reproduce, duplicate, or copy any Content (other than printing minimal copies for personal use as authorized herein);
  5. Redistribute any Content;
  6. Create derivative works of any Content;
  7. Otherwise use any Content for public or commercial purposes;
  8. Remove any copyright, trademark, or other legal notices from any Content; or
  9. Use any automated programs, data mining, robots, or other data gathering and extraction tools in connection with your use of the Website.

Any unauthorized use of the Website, Content, or Trademarks may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.  You warrant that when using the Website you will not violate or facilitate any violation of any applicable local, state, federal, or international law, statute, regulation, code, or ordinance.

 User Comments

Certain parts of the Website may offer the opportunity for users to post and exchange opinions, information, material, and data (“Comments”) in areas of the Website.  The Company does not screen, edit, publish, or review Comments prior to their appearance on the Website, and Comments do not reflect the views or opinions of the Company or its agents or affiliates.  Comments reflect the view and opinion of the person who posts such view or opinion.  The Company does not vouch for the accuracy or credibility of any Comments on our Website.  To the extent permitted by applicable laws, the Company will not be responsible or liable for the Comments or for any loss, cost, liability, damages, or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on the Website.  The Company reserves the right (but does not have an obligation) to monitor all Comments and to remove any Comments that it considers in its absolute discretion to be inappropriate, offensive, off topic, or otherwise in breach of these Terms.  Through your use of the Website, you may be exposed to Comments that you may find offensive, objectionable, harmful, inaccurate, or deceptive.  There may also be risks of dealing with underage persons and people acting under false pretenses.  By using the Website, you assume all associated risks.

By posting or otherwise contributing Comments, you warrant and represent that:

  1. You are entitled to post the Comments on the Website and have all necessary licenses and consents to do so;
  2. The Comments do not infringe any intellectual property right (including without limitation copyright, patent, or trademark), right of publicity, or other proprietary right of any third party;
  3. The Comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material or material that is an invasion of privacy;
  4. The Comments will not be used to solicit or promote business or customers or present commercial activities or unlawful activity; and
  5. You will not represent or suggest, directly or indirectly, the Company’s endorsement of the Comments.

You hereby grant to the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, fully sublicensable, transferable license to use, reproduce, edit, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, and otherwise exploit the Comments in any and all forms, formats, and media now known or hereafter discovered, and to authorize others to do the same.  In addition, you waive any “moral rights” or similar rights to the Comments.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval, subject to the Terms:

  1. Government agencies;
  2. Search engines;
  3. News organizations; and
  4. Online directory distributors, provided that when they list us in the directory they hyperlink to our Website in the same manner as they hyperlink to the websites of other listed businesses.

We may consider and approve in our sole discretion other link requests from the following types of organizations:

  1. Commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP, and Consumers Union;
  2. Community sites;
  3. Associations or other groups representing charities, including charity giving sites;
  4. Internet portals;
  5. Accounting, law, and consulting firms whose primary clients are businesses; and
  6. Educational institutions and trade associations.

We may approve link requests from these organizations if we determine that:  (a) the link would not reflect unfavorably on us or the Website (for example, trade associations or other organizations representing inherently suspect types of businesses will not be allowed to link); (b) the linking organization does not have an unsatisfactory record with us; (c) there is a material benefit to us from the visibility associated with the link; and (d) the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the linking organization.

If you are among the organizations listed in the second paragraph above and are interested in linking to our Website, you must notify us by sending an e-mail to p.o.modest@gmail.com. Please include your name, your organization name, and contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URL(s) on our Website to which you would like to link. Allow 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

  1. By use of the name The Food Lens;
  2. By use of the URL (web address) being linked to; or
  3. By use of any other description of our Website or Content being linked to that makes sense within the context and format of content on the linking party’s site.

No use of The Food Lens logo or other artwork will be allowed for linking absent a trademark license agreement.

Approved organizations must ensure that all hyperlinks to our Website: (a) are not in any way misleading; (b) do not falsely imply the Company’s sponsorship, endorsement, or approval of the linking party and its products, services, or content; and (c) fit within the context of the linking party’s site.

We will have no responsibility or liability for any content appearing on any linking party’s website.  By linking to our Website or Content, you agree to indemnify and defend us against all claims arising out of or based upon your website.  No link(s) may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene, or criminal, or that infringe, otherwise violate, or advocate the infringement or other violation of, any third party rights.

We reserve the right at any time and in our sole discretion to request that you remove all links or any particular link to our Website. You agree to immediately remove all links to our Website upon such request.  We also reserve the right to amend these Terms and our linking policy at any time.  By continuing to link to our Website, you agree to be bound to and abide by these Terms.

Iframes

Without prior approval and express written permission, you may not create frames around our Website pages or use other techniques that alter in any way the visual presentation or appearance of our Website.

Links to Third Party Websites

The Company may provide links from the Website to websites operated by third parties who may or may not be affiliated with the Company.  We not endorse, have any responsibility for, or make any representations about, any other websites, including their products and services, content, communications, and website use policies. We make no express or implied warranty about the accuracy, copyright compliance, legality, merchantability or any other aspect of the content of such links. The use of third party websites is entirely at your own risk.  By accessing these links, you acknowledge that such other websites or locations are not under the control of the Company and you agree that the Company will not be responsible for any information or additional links found at such site or location, or for your use of such information.

If you find any link on our Website or any website linking to our Website objectionable for any reason, you may contact us about this using the contact information in the Contact Us section of the Website (available here). We will consider requests to remove links but will have no obligation to do so or to respond directly to you.

Website Security

You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (1) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (2) disabling, removing, defeating, or avoiding any security device or system, including without limitation the password and log-in functionality used to authenticate users; (3) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (4) attempting to interfere with services to any user, host, or network, including without limitation via means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (5) sending unsolicited email, including promotions and/or advertising of products or services; (6) forging any TCP/IP packet header or any part of the header information in any email or posting; (7) using or attempting to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Website other than the search engine and search agents available on the Website and other than generally available third party web browsers; (8) reverse engineering, decompiling, or disassembling the underlying software; (9) removing any notices, warnings, labels, annotations, or instructions from any portion of the Website or any related material, including without limitation any patent, trademark, copyright, or other proprietary notices or license provisions; or (10) otherwise invading the privacy of, obtaining the identity of, or obtaining any personal information about any user of the Website.

Any violations of system or network security including attempts to intentionally access a computer without authorization or exceeding your authorized access level may result in civil and criminal charges, including but not limited to charges under the Computer Fraud and Abuse Act (18 U.S.C. §1030).  We may investigate occurrences that might involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. We may, without prior notice or warning of any kind, restrict or terminate the access of any and all users of the Website if we reasonably conclude that such restriction or termination is necessary to prevent, or prevent the further spread of, a virus, security breach, or system malfunction.  If we so restrict or terminate access we will use commercially reasonable efforts to restore access and use to users for proper purposes promptly.

Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations.  While we have endeavored to create a secure and reliable Website, please be advised that the confidentiality of any communication or material transmitted to or from the Website over the Internet cannot be guaranteed.  Accordingly, you assume the sole and complete risk for relying on the security of the Website or for the consequences of any reliance on information transmitted via the Internet and must make your own determination as to these matters.

Disclaimers

Although we endeavor to ensure that the information on the Website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the Website remains available or that the material on the Website is kept up to date.  The Company is not responsible for any action or decision you make in reliance on any information contained on the Website.

THE WEBSITE, INCLUDING ALL CONTENT, IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTIES OF ANY KIND.   BY USING THE WEBSITE, YOU EXPRESSLY AGREE THAT SUCH USE IS AT YOUR SOLE RISK.  NEITHER THE COMPANY, NOR ANY OF ITS OFFICERS, DIRECTORS, PARTNERS, MEMBERS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, DESIGNERS, CONTRACTORS, DISTRIBUTORS, MERCHANTS, SPONSORS, LICENSORS, OR THE LIKE (COLLECTIVELY “REPRESENTATIVES”) WARRANT THAT THE USE OF THE WEBSITE WILL BE UNINTERUPPTED OR ERROR-FREE.  NEITHER THE COMPANY NOR ITS REPRESENTATIVES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THE COMPANY AND ITS REPRESENTATIVES HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY ALSO DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS WEBSITE.

Indemnification

As a condition to your use of the Website, you agree to indemnify, defend, and hold harmless the Company and its Representatives against any and all claims, liabilities, damages, costs, or other expenses (including without limitation attorneys’ fees) that may arise directly or indirectly out of or from your breach of these Terms and/or your use of the Website or resulting from any action (or inaction) you take or decision you make in reliance on the information contained on the Website.

Limitation of Liability

BY USING THE WEBSITE, YOU ACKNOWLEDGE: (1) THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK; (2) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH YOUR USE OF THE WEBSITE; AND (3) THAT IN NO EVENT WILL THE COMPANY OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE BE LIABLE FOR ANY DAMAGES, LOSSES, OR LIABILITIES OF ANY KIND RELATED TO (a) YOUR RELIANCE ON OR USE OR INABILITY TO USE THE INFORMATION, MATERIALS, PRODUCTS OR SERVICES ON THE WEBSITE, (b) ANY ERRORS OR OMISSIONS IN THE CONENT OF THE WEBSITE, (c) YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE WEBSITE OR (d) ANY FAILURE OF PERFORMANCE, ERROR, OMMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, OR OTHER COMPUTER MALFUNCION, IN EACH CASE ((a) THROUGH (d)) INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, COMPENSATORY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR LIABILITIES.  THE COMPANY RESERVES THE RIGHT TO ALTER OR REMOVE THE CONTENT OF THIS WEBSITE OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.

Severability and Waiver

If any provision of these Terms is found to be invalid, void, or for any reason unenforceable, it will be construed in such a manner that would make the provision valid or enforceable.  If it is not possible to construe the provision in such a manner that would make it valid or enforceable, then only the term or portion of the provision that renders it unenforceable will be stricken without affecting the enforceability of the remaining provisions.  Any failure of the Company to act on or enforce any provision of these Terms will not be construed as a waiver of that provision or any other provision of these Terms.

Complete Agreement

These Terms and our Website Privacy Policy constitute the entire agreement between you and the Company relating to the public facing elements of the Website and your use of these portions of the Website, and supersede any prior agreements or understandings not incorporated herein with regards to these portions.  Certain restricted areas of the Website may require you to agree to supplemental terms and conditions.  These Terms are not intended to modify or amend other agreements you may have with the Company regarding other matters.

 Termination

The Company reserves the right, in its sole discretion, to restrict, suspend, or terminate these Terms (and/or your access to all or any part of the Website or any other website or Content of the Company) at any time and for any reason without prior notice or liability.  Upon any termination of these Terms you must promptly destroy all materials downloaded or otherwise obtained from the Website, as well as all copies of such materials, whether made under these Terms or otherwise.  If these Terms are terminated, the following sections will survive: Intellectual Property Rights and Ownership, Disclaimers, Indemnification, Limitations of Liability, Severability and Waiver, Complete Agreement, Termination, Governing Law and Venue, and Class Action and Arbitration.

Governing Law and Venue

The Website is made available to you from the Commonwealth of Massachusetts in the United States.  If you elect to access and/or use the Website from outside of the United States, we make no warranties that materials on the Website are appropriate or available for use in such locations.  You agree that you are solely responsible for compliance with any laws of your specific jurisdiction and further agree that you will not use the Website if you are restricted by any local, state, national, or international laws.  The laws of the Commonwealth of Massachusetts, without regard to its principles of conflict of laws, will govern these Terms (including any disputes concerning or related to these Terms).  You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts sitting in Boston, Massachusetts for the purpose of resolving any dispute relating to your access to or use of the Website.  Notwithstanding the foregoing, you expressly acknowledge and agree that the Company may seek injunctive or other appropriate relief in any court of competent jurisdiction, and you consent to exclusive jurisdiction and venue in such courts.  You agree that this may require you to submit any disputes related to the use of the Website to final and binding arbitration in the Commonwealth of Massachusetts.

Class Action and Arbitration

By using the Website, you agree that if any dispute should arise between you and the Company, you will bring your claim on an individual basis and waive your right to pursue any claim in a class action.

You agree that the Company, at its sole discretion, may require you to submit any disputes arising from the use of the Website, related services, or these Terms, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance, or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration (the “Rules”) of the American Arbitration Association, by one or more arbitrators appointed in accordance with the Rules.  You agree with us that this section satisfies the writing requirement of the Federal Arbitration Act.  Notwithstanding the Rules, however, such proceeding will be governed by the laws of the Commonwealth of Massachusetts and will take place in Boston, Massachusetts.

Contact Information

Thank you for visiting our Website.  If you have any queries regarding the Website or any of these Terms, please contact us using the contact information in the Contact Us section of the Website (available here).  Electronic mail or other communications through the Website to the Company (or any of its employees, agents, or representatives) may not be secure and we do not guarantee the confidentiality of such communications.

Join our newsletter

Life gets busy, you get hungry, and no one knows where they want to eat. That's where we come in. It shouldn't be difficult to find great food- subscribe to our newsletter and it never will be.

Thank you!