Terms of Use

WEBSITE TERMS OF USE

Food People, Inc. allows you access to its website at fruitsinicecream.com (the “Website”), subject to the terms and conditions contained herein and in such other terms and conditions as may be applicable. If you are outside the Philippines, you confirm and acknowledge that you will comply with the relevant laws of the Philippines in accessing and using this Website.

These Terms and Conditions of Use (“Terms”) constitute legally binding terms and govern your use of fruitsinicecream.com and the associated services which are operated by Food People, Inc.. Any reference to “we,” “us,” or “our” in the Terms refer to Food People, Inc. and Fruits in Ice Cream. Any reference to “you” or “user” refer to the person using the Website.

We may update the Terms from time to time without prior notice and your continued use of the Website constitutes your acceptance of the Terms, and any amendments or updates thereto. Unless otherwise specified, any new feature/s of the Website shall be subject to the current Terms. Current versions, including recent updates, will be available for review on the Website.

WEBSITE AND CONTENT

The Website (including past, present and future versions) and all components that are included in or are otherwise part of the Website, including without limitation to, graphics, layout, text, content, instructions, images, audio, videos, designs, advertising copy, trademarks, logos, domain names, trade names, service marks and trade identities; any and all copyrighted and copyrightable materials; the “look and feel” of the Website; the compilation, assembly and arrangement of the components of the Website and all other components related to the Website (collectively, the “Components”) are owned or controlled by or licensed to Food People, Inc. and are protected from unauthorized use, copying and dissemination by copyright, trademark, service mark, patent, publicity and other proprietary rights and all applicable local, federal and international laws. You acknowledge and agree that you will not, directly or indirectly, contest, challenge, aid or abet in contesting or challenging the validity or ownership of the Website and Components or take any action whatsoever in derogation of Food People, Inc.’s or its licensors’ rights therein, or in breach of, any terms and conditions contained in this Terms. You acknowledge and agree that you will not acquire or claim any rights in the Components, or aid or abet anyone else in doing so.

You may only access and view the Website and Components personally and for non-commercial purpose (“Right to Use”). Your Right to Use does not grant, convey or otherwise transfer any license, sublicense or ownership of any such Components.

USER CONTRIBUTIONS, REVIEWS, INQUIRIES AND COMMENTS

You may publish, transmit, submit, tag or post (collectively, “Post”) photographs, videos, reviews, inquiries and comments that are directly relevant to fruitsinicecream.com or to the linked websites. You may also chat or send electronic communications (collectively, “Chat”) to other Website users. Posts will be deemed user contributed materials and shall be subject to the policies regarding User Posted Material detailed hereof.

You agree not to Post, Chat or upload any Material or otherwise make available anything that: a.) contains harsh, vulgar, profane, indecent, obscene, defamatory, libelous, abusive, offensive or discriminatory or otherwise objectionable language and/or materials; b.) is illegal, unlawful, fraudulent, misleading, false, deceptive, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any person, is reasonably harmful or offensive to any individual or community, contains any actionable statement or tends to mislead or reflect unfairly on any person, business or entity; c.) discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any matter prohibited by law; d.) violates any municipal, state or federal law, rule, regulation or ordinance, or attempts to encourage such an evasion or violation; e.) unfairly interferes with any third party’s uninterrupted use and enjoyment of the Website; f.) uploads copyrighted or other proprietary material of any kind on the Website without the express permission of the owner or material; g.) uses or attempts to use another’s account, password, service or system except as expressly permitted by these Terms; h.) includes images, photos, articles or other content that constitutes, promotes or encourages illegal acts, violation of any right of any individual or entity, violation of any local, state, national or international law, rule, guideline, or regulation or otherwise creates liability; i.) “inflames” any individual or entity (e.g. sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects; j.) is unrelated to the specific interactive area or the interactive area’s topic; k.) disguises the origin of the post; l.) contains personal information, URLs, phone numbers, contact information, home, office, mailing or e-mail addresses, and/or collects or stores other users’ personal data; m.) contains personal attacks on another person or entity, including but not limited to those of a personal, racial or religious nature, expressions of bigotry, racism, discrimination or hate; n.) contains unauthorized advertising or promotional materials or any form of solicitation, advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose; o.) contains software viruses or any other computer code, files or programs designed to or has the effect of interrupting, destroying or limiting the functionality of any computer software or computer hardware or telecommunication equipment and/or disrupts, interferes with, or otherwise harms or violates the security of the Website, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Website or affiliated or linked sites; p.) violates any right of Food People, Inc. or any third party; or q.) other similar or analogous Post, Chat or Material. Violation of the foregoing will result in the immediate blocking, suspension or termination of your access to the Website. Additionally, in the event of any injuries or damages resulting from such violation to either Food People, Inc. or other users of the Website, you may be exposed to all applicable civil and/or criminal penalties.

We reserve the right, but shall have no obligation, to pre-screen, monitor, review, edit, modify, flag, refuse or remove any of your Posts or Chat on the Website upon our reasonable belief that such Post or Chat violates any of the foregoing or any other provision in these Terms.

You further agree not to collect, share or store personal data about other users. You also agree not to claim the identity of or misrepresent another person.

You understand and agree that Food People, Inc. will store the materials or communication subject of your Posts or Chats on its servers. Such materials will be subject to Food People, Inc.’s Privacy Policy.

USER POSTED MATERIAL

You understand and agree that all information, data files, written text, Post(s) or other images (collectively “Material”), which are made available by users of the Website, past and present, on or through the Website are the sole responsibility of the person from whom such Material came.

Food People, Inc. does not endorse any Material posted by the users and such Material does not reflect the opinions or policies of Food People, Inc., nor of their employees, directors, shareholders, officers, agents, or representatives. You agree to waive any legal or equitable right or remedy you may have against the company, their employees, directors, shareholders, officers, agents, or representatives with respect to any Material posted by a user on the Website.

By Posting a Material on the Website, you represent and warrant that you own the Material posted or that you have obtained permission from the rightful owner of the Material to Post, use or display it on the Website. You also represent and warrant that the Posting of the Material does not violate the right of any party or entity, including but not limited to invasion of privacy or infringement of intellectual property rights.

You also grant Food People, Inc. a perpetual, irrevocable, worldwide, royalty-free, unrestricted, unconditional and non-exclusive license to use, reproduce, adapt, modify, translate, publish and distribute the Material, in whole or in part, you Post or make the same available on the Website or any platforms of Food People, Inc..

In using the Website, you may be exposed to Material made available by other subscribers or users that you may find offensive, indecent or objectionable. In such case, please advise us of such Material by going to the Contact Us page. However, you hereby expressly acknowledge and accept that certain Material may be posted or contained on the Website that may be in opposition to your personal beliefs, opinions or taste, but shall nonetheless be lawfully permitted.

ADVERTISEMENTS AND LINKS

The website (fruitsinicecream.com) may show advertisements and communications from Food People, Inc.. Unless otherwise specified, no advertisement, communication or information shall be deemed as a binding offer from Food People, Inc.. Furthermore, Food People, Inc. makes no warranty, representation(s) or endorsement of any goods or services offered thereof. Instead, the advertisement, communication or information may be considered as an invitation for you to purchase products of Food People, Inc. or to engage or avail of their services.

The website (fruitsinicecream.com) may also show advertisements and communications from advertisers other than Food People, Inc. (“Other Advertisers”). You agree that your correspondence, transactions or dealings with the Other Advertisers are solely between you and the Other Advertisers (including, but not limited to, issues related to the content of third-party advertisements, payments, delivery of goods, warranties, privacy and data security). You agree and acknowledge that Food People, Inc. shall not be liable for, and that you shall hold Food People, Inc. free and harmless from any loss, claim, suit, proceedings or damage in connection with your correspondence or dealings with the Other Advertisers.

Other than the web pages operated by Food People, Inc. which are linked to the Website, the Fruits in Ice Cream site may also contain and provide links to other internet sites or social media sites (collectively, the “Linked Websites”). We encourage you to review the terms of use and privacy policies of these Linked Websites so that you can understand how they are operated and how they collect, use and share your information. We are not responsible for the information used, collected or shared by the Linked Websites. You agree and acknowledge that Food People, Inc. may have no control over the content, operations, policies, terms or other elements of the Linked Websites. You further agree and acknowledge that Food People, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused by your use of any content, goods or services available in the Linked Websites. No warranty, implied or express, is offered by Food People, Inc. as to any goods or services provided by its advertisers.

PROMOTIONS

From time to time, Food People, Inc. may conduct promotions on or through the Website, including without limitation to, contests and other promotions (“Promotions”). Each Promotion may have additional terms and/or rules of participation (“Promotion Rules”), which will be posted or otherwise made available to you. The Promotion Rules for each Promotion in which you participate will be deemed incorporated into and form a part of these Terms for the Promotion(s). It is your responsibility to read the Promotion Rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine your participation requirements.

DISCLAIMER

Food People, Inc. provides the Website, and all its Components, on an “as is” basis, and hereby expressly disclaims all representations, warranties or conditions of any kind, written or oral, express, implied or statutory, including without limitation any implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Food People, Inc. does not ensure continuous, error-free, secure or virus-free operation of the Website.

To the maximum extent allowed by applicable laws, Food People, Inc., its shareholders, partners, affiliates, directors, officers, employees, agents or suppliers shall not be liable to you or any third party for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation to, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website, with the delay or inability to use the Website or related services, for any information, software, products, services, content and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise, even if Food People, Inc. has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Website.

INDEMNITY

You agree to defend, indemnify and hold Food People, Inc. and their directors, officers, agents, or other partners, and employees, free and harmless from and against any and all claims, damages, liabilities, losses, costs and expenses, including attorney’s fees, made by any third party due to or arising out of or are otherwise directly or indirectly related to your use of the Website, or activities in connection to the Website, your use of the facilities of the Website, your violation or breach of the Terms, your violation of the rights of any person or entity, or your violation of any applicable laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities in connection with your use of the Website.

MISCELLANEOUS

These Terms shall be governed by the laws of the Philippines.

Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the Terms are for convenience and have no legal or contractual effect.

If you have any questions or comments, please go to the Contact Us page.