Welcome to eatNation, a social network for all of us who love food. The eatNation service and network (collectively, "eatNation" or "the Service") are operated by Social Cosmos, Inc. and its corporate affiliates (collectively, "us", "we" or "the Company"). When you access or use our web site at www.eatNation.com (the "Site"), you (the "User") signify you have read, understand and agree to be bound by these terms of use ("Terms of Use"), regardless of whether you are a registered member.

eatNation reserves the right, at our sole discretion, to modify, add, or delete portions of these Terms of Use, the Service, any Platform Applications and the Site Content at any time without notice. We will post the changes to these Terms of Use on this page and will indicate dates of revision. Your use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly review these Terms of Use from time to time.

Please direct any questions regarding eatNation or these Terms and Conditions to help@eatnation.com

Age Eligibility

This Site is solely for users who are 13 years old or older. By using the Service or the Site, you represent and warrant that you are 13 or older, and that you agree to and to abide by all of the terms and conditions of this Agreement. If you are younger than 13, your use of eatNation is prohibited.

Privacy

Please see EatNation's Privacy Policy by clicking here.

Registration

When registering to join eatNation, you agree to provide accurate and complete information ("Registration Data"), and to keep the Registration Data accurate by updating it from time to time. You also agree to maintain the security of your password and identification and to be responsible for all use of your account and all actions that take place using your account.

Limited License; Proprietary Rights

You are hereby granted a limited license to access and use the Site and the Site Content, provided you do so in accordance with these Terms of Use and all other Company policies. If for your own use, you may download or print a copy of any portion of the Site Content to which you have properly gained access. However, you are required to keep all copyright or other proprietary notices intact. Except for User Content, all content on the Site and available through the Service, including designs, text, graphics, pictures, videos, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company, its users or its licensors with all rights reserved. You must obtain the Company’s prior written permission before you may modify, copy, distribute, frame, republish, download, display, post, transmit, or sell any Site Content in any form. Your access to the Services or the Site does not grant you any license in or to any of the Company’s intellectual property, unless we have made a specific grant to you in writing.

User Content; License

When you use the Service or the Site, you will upload, publish or display (collectively, “post”) photographs, profiles (including your name, image, and likeness), recipes, videos, reviews, messages, images, comments, feedback, suggestions, ideas, drawings, concepts, notes, text, information, music, advertisements, listings, and other content (including submissions, ideas and feedback about the Site or Service), or transmit this data to, or share it with other users (collectively the "User Content"). You agree that all of said data is nonconfidential and that you will not post any User Content that you did not create nor have permission to post. You are solely responsible for creating your own backup copies of any User Content. You agree that the Company may, but is not obligated to, review the Site and may delete or remove without notice any Site Content or User Content. The Company may, in its sole discretion, take these acts for any reason or no reason, including because User Content, in the sole judgment of the Company, violates these Terms of Use, or may be offensive, illegal, or may violate the rights of, or harm, or threaten the safety of users or others. You are solely responsible for your interactions with other EatNation users. We reserve the right, but have no obligation, to monitor disputes between you and other users.

By posting User Content to any part of the Site, you hereby automatically grant, and you represent and warrant that you have the right to grant, to the Company, an irrevocable, perpetual, non-exclusive, unrestricted, royalty-free, transferable, fully paid, worldwide license to use, copy, publicly perform, publicly display, modify, publish, reformat, translate, excerpt (in whole or in part), sublicense and distribute such User Content for any purpose, commercial, non-commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, including all copyright, trade secret, trademark, or other intellectual property rights therein. You agree that the Company may use any User Content with or without acknowledgement to you. You may remove your User Content from the Site at any time. Although you may remove your User Content, the license granted above will automatically continue. If requested by the Company at any time, you agree to take any reasonable action to confirm the license granted herein, including the signing of affidavits and other documents, at the Company’s expense. If the Company elects, but is not obligated, to publish some or all of your User Content, the Company may use your name but not your email address to do so. You hereby grant the Company the right to use solely your name in connection with the publication of your User Content.

Termination

The Company may terminate your membership, and/or delete your profile and any content you have posted on the Site or through any Platform Application in whole or in part or prohibit you from using the Service or the Site or any Platform Application (or any portion of the Service, the Site or any Platform Application) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you have violated any aspect of these Terms of Use, including for the reason that you are under 13.

Trademarks and Copyrights

eatNation, Social Cosmos and all other trademarks on this Site are trademarks or registered trademarks of the Company and its licensors and may not be copied in whole or in part without the prior written permission of the Company. In addition, all page headers and footers, scripts, graphics and button icons are trademarks, service marks, and/or trade dress of the Company and may not be copied in whole or in part without the prior permission of the Company.

All materials on the Site, including but not limited to, the eatNation logo and other Company graphics, logos, designs, text, page headers and footers, button icons, scripts, and their selection and arrangement are either ALL RIGHTS RESERVED COPYRIGHT 2008 or are the proprietary property of the Company’s affiliates or licensors.

Under our eatNation Copyright Policy and in accordance with the Digital Millennium Copyright Act, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers. If you believe that any material on the Site infringes upon any copyright which you own or control, please contact us at help@eatnation.com.

User Conduct

You represent and warrant that all materials submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will not violate any laws or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory material. In addition, you agree not to use the Service or the Site to:

• •     upload, post, transmit, share, store or otherwise make available any content that the Company deems: to be harmful, threatening, unlawful, defamatory, infringing, invasive of privacy or publicity rights or racially, ethnically or otherwise objectionable; or would create liability;

• •     use the Service or the Site in any manner that could damage, disable or impair any computer software, hardware or telecommunications equipment, including the transmittal of any viruses;

• •     register for more than one User account, register for a User account on behalf of anyone else other than yourself, or register for a User account on behalf of any group or entity; impersonate any person or entity, or misrepresent yourself, your age or your affiliation with any person or entity; negatively affect minors in any way;

• •     solicit passwords or personally identifying information for commercial or unlawful purposes; or harvest or collect email addresses or other contact information for unsolicited communications; or upload, post, transmit, share or make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; use automated scripts to collect information from or otherwise interact with the Service or the Site; or

• •     upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party.

Third Party Websites, Content and References

The Site contains or provides access to links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). eatNation does not check these sites for accuracy, appropriateness or for any other reason, and we are not responsible in any way for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site. Although our Site may include, link to or permit the use or installation of any Third Party Site or any Third Party Applications, Software or Content, we do not give our approval or endorsement to them. If you decide to leave the Site and access the Third Party Sites or use or install any Third Party Applications, Software or Content, you do so at your own risk. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.

Use of Share Links by Online Content Providers

A Third Party Sites which meets the requirements set forth below may place a Share Link (as described below), in the form approved by the Company, on pages of their web sites to facilitate use of the Share Service, subject to these Terms of Use. A Third Party Site that posts a Share Link on its web site is referred to herein as an "Online Content Provider" and is subject to these Terms of Use, as applicable. A "Share Link" is a button and/or a text link appearing on an Online Content Provider's web page that, upon being clicked by a user, enables the Company to launch a sharing mechanism through which users can share with others or post to their own member profile, links and content.

If the Share Link is a button that contains any icons or other graphic images, trademarks or other proprietary materials of the Company, Online Content Provider is granted permission to use such images, trademarks or other materials solely to place the Share Link on Online Content Provider's site and solely as provided by the Company. In the event that the Share Link is a text link, it must include the word "EatNation" as part of the link. The rights granted in this paragraph may be revoked by Company at any time with or without cause in its sole discretion, and upon such termination, Online Content Provider agrees to immediately remove all Share Links from its site.

The Third Party Site must not contain any web content that if shared or posted by a user would be a violation of these Terms of Use, for an Online Content Provider to include a Share Link on its pages. Without limiting the forgoing, Online Content Provider agrees not to post a Share Link on any web site that contains, and represents and warrants that such web site does not and will not contain, any content that is infringing, unlawful, harmful, threatening, defamatory, harassing, vulgar, obscene, lewd, fraudulent, or invasive of privacy or publicity rights or that may expose Company or its users to any harm or liability of any type. Upon including of a Share Link, Online Content Provider agrees to defend, indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with such Share Link, any links, content or other items or materials which may be shared or posted through such Share Link, or any breach or alleged breach of the foregoing representations and warranties.

By including a Share Link, Online Content Provider automatically grants, and represents and warrants that it has the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use the Share Service to link to, use, copy, publish, stream, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), summarize, and distribute the content, links and other materials of any kind residing on any web pages on which Online Content Provider places the Share Link.

EatNation Partner Pages

eatNation Partner Pages are special profiles used solely for commercial, charitable or other purposes. You may not set up an eatNation Partner Page on behalf of another individual or entity unless you are authorized to do so. This includes fan EatNation Partner Pages, as well as EatNation Partner Pages to support or criticize another individual or entity.

THE COMPANY DOES NOT PRE-SCREEN OR APPROVE EATNATION PARTNER PAGES, AND CANNOT GUARANTEE THAT AN EATNATION PARTNER PAGE WAS ACTUALLY CREATED AND IS BEING OPERATED BY THE INDIVIDUAL OR ENTITY THAT IS THE SUBJECT OF AN EATNATION PARTNER PAGE. THE COMPANY IS NOT RESPONSIBLE FOR NOR HAS ANY LIABILITY FOR THE CONTENT OF ANY EATNATION PARTNER PAGE, OR ANY TRANSACTIONS (MONETARY OR OTHERWISE) ENTERED INTO OR OTHER ACTIONS TAKEN ON OR IN CONNECTION WITH ANY EATNATION PARTNER PAGE, INCLUDING HOW THE OWNER OF THE EATNATION PARTNER PAGE COLLECTS, HANDLES, USES AND/OR SHARES ANY PERSONAL INFORMATION IT MAY COLLECT FROM USERS. A USER BEARS HIS OR HER OWN RISK IN PROVIDING ANY PERSONAL INFORMATION TO OR ENTERING INTO ANY TRANSACTION IN CONNECTION WITH AN EATNATION PARTNER PAGE.

Disclaimers

THE SITE, THE SERVICE, ANY PLATFORM APPLICATIONS AND THE SITE CONTENT ARE PROVIDED "AS-IS". YOU AGREE TO USE OF THE SITE, THE SERVICE, ANY PLATFORM APPLICATIONS AND THE SITE CONTENTS AT YOUR SOLE RISK. THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY RESULTS WHATSOEVER FROM USE OF THE SITE AND/OR THE SERVICE AND/OR ANY PLATFORM APPLICATIONS. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR ANY PLATFORM APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY SHALL HAVE NO LIABILITY FOR ANY TECHNICAL MALFUNCTION, FAILURE IN COMPUTER HARDWARE OR SOFTWARE, IN TRANSMISSIONS OR IN COMMUNICATIONS LINES, OR UNAUTHORIZED ACCESS TO OR USE OF USER CONTENT OR COMMUNICATIONS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN RISK. THE COMPANY IS NOT LIABLE IN ANY MANNER FOR ANY USER CONTENT, OR THIRD PARTY APPLICATIONS, SOFTWARE OR CONTENT POSTED ON THE SITE OR IN CONENCTION WITH THE SERVICE. THE COMPANY IS NOT RESPONSIBLE FOR WHAT USERS POST, TRANSMIT OR SHARE ON THE SITE, OR FOR ANY CONTENT YOU MAY ENCOUNTER ON THE SITE OR IN CONNECTION WITH ANY USER CONTENT OR THIRD PARTY APPLICATIONS, SOFTWARE OR CONTENT. THE COMPANY IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE (INCLUDING TO USER CONTENT), PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE SITE OR SERVICE, ANY USER CONTENT OR THIRD PARTY APPLICATIONS, SOFTWARE OR CONTENT, OR FROM ANY INTERACTIONS BETWEEN USERS OF THE SITE.

Limitation on Liability

IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND INCLUDING FOR ANY LOSS OF USE, LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER THE ACTION ARISES FROM CONTRACT OR TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE.

Governing Law; Venue and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the State of Delaware without regard to its choice of laws principles to the contrary. You agree that the state and federal courts of California located in San Mateo County, California, shall have sole jurisdiction over any actions hereunder, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of California.

Indemnity

You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Site (including through the Share Service), your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, any violation of this Agreement or of any law or the rights of any third party, including any claim by a third party that any User Content infringes such third party’s rights or interests.

Other

These Terms of Use, as amended from time to time, constitute the entire agreement between you and Company regarding the use of the Site and/or the Service, and supersede any prior agreements between you and Company relating to your use of the Site or the Service. The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver thereof. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.