Terms and Conditions

This Terms of Use Agreement (the “Agreement”) states the terms and conditions under which Bonita Interactive LLC (collectively, “Nom-Nom Media”, “We”, “Our” or “Us”) will agree to allow you (“You” or “Your”) to use the application (“App”), network or website through which you are accessing this Agreement (collectively, the “Services”). The Services may allow users to access and use content and services related to Us and Our business activities, which may include audiovisual content, images, text, data, news and other similar content.

BY ACCESSING OR USING THE SERVICES, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, OR IF YOU ARE NOT, THEN YOUR PARENT OR GUARDIAN HAS ENTERED INTO THIS AGREEMENT ON YOUR BEHALF.

Changes to this Agreement and the Services:

By accessing or using the Services, You agree to the terms of this Agreement. We reserve the right, in Our sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement and to review, improve, modify or discontinue, temporarily or permanently, the Services or any content or information through the Services, at any time. You can determine when We last changed this Agreement by referring to the “Last Updated” legend above. If any future changes to this Agreement are unacceptable to You or cause You to no longer be in compliance with this Agreement, then You must immediately stop using the Services. Your access to or use of the Services following changes to this Agreement shall constitute Your acceptance of those changes. Notwithstanding the foregoing, any changes to this Agreement shall not apply to any dispute between You and Nom-Nom Media prior to the date on which We posted the revised version of this Agreement incorporating such changes or otherwise notified You of such changes. We may, at any time, temporarily or permanently modify or discontinue, in whole or in part, any or all of the Services; change, modify or waive any aspect required to use the Services; or offer opportunities to some or all users of the Services.

Nom-Nom Media Content:

Through Our website (www.nom-nom.media) (the “Site”) or Apps, the Services can make accessible various content, including, without limitation, videos, photographs, images, artwork, graphics, audio clips, editorial content, data, text, software, projects and other material and information and the associated trademarks and underlying copyrightable works (collectively, the “Content”).

Intellectual Property Rights:

The Services are protected by trade dress, copyright, moral rights, trademark and/or other laws relating to intellectual property and other proprietary rights, and are solely and exclusively owned by Nom-Nom Media and its licensors. All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively, the “Proprietary Material”) that users see or read through the Services is owned by Nom-Nom Media. The Services are licensed, not sold, to end users. Subject to Your compliance with the terms and conditions of this Agreement, and solely for as long as You are expressly permitted by Nom-Nom Media to access the Services, Nom-Nom Media agrees to permit You to access and use the Services, on a non-exclusive, non-transferable, non-sublicensable, revocable, limited basis, solely in accordance with this Agreement, including, with respect to any App made available to You. If You fail to comply with any of the terms or conditions set forth in this Agreement, then this Agreement (including the foregoing grant of permission to use the Services) will automatically terminate, whereupon You will immediately (x) cease accessing and using the Services; and (y) for an App made available to You, remove (e.g. by uninstalling and deleting) such App from any device on which You used it. You may not copy, download, use, redesign, reconfigure, or retransmit anything from the Services without Nom-Nom Media’s express prior written consent. Any use of Proprietary Material, other than as permitted herein, is expressly prohibited without the prior written consent of Nom-Nom Media.

The trade names, trademarks and service marks of Nom-Nom Media are owned by Nom-Nom Media, whether registered or unregistered. Nothing contained in this Agreement or on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Nom-Nom Media’s trade names, trademarks or service marks without Nom-Nom Media’s prior written consent. Any other trademarks, service marks, logos and/or trade names appearing via the Service are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
PLEASE NOTE THAT UNAUTHORIZED USE OF THE SERVICES MAY SUBJECT YOU TO MONETARY DAMAGES AND OTHER CIVIL AND CRIMINAL PENALTIES, INCLUDING, WITHOUT LIMITATION, FOR COPYRIGHT INFRINGEMENT.

Privacy Policy Statement

Any information that Nom-Nom Media may collect from You during or in connection with Your use of the Services is subject to Our Privacy Policy.

Rules of Conduct:

Without limitation, You may not:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights or privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information.
• Use the Services for any purpose, including, but not limited to posting or creating content, in violation of local, state, national or international law.
• Advertise or offer to sell any goods or services for any commercial purpose through the Service which are not relevant to the services offered through the Service.
• Conduct or forward surveys, contests, pyramid schemes, or chain letters.
• Impersonate another person or allow any other person or entity to use Your identification to post or view comments.
• Post the same note repeatedly (referred to as “spamming”). Spamming is strictly prohibited.
• Imply or state that any statements You make are endorsed by Nom-Nom Media, without the prior written consent of Nom-Nom Media.
• Use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrap or index the Services in any manner.
• Hack or interfere with the Services, its servers or any connected networks.
• Adapt, alter, license, sublicense or translate the Services for Your own personal or commercial use.
• Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by Nom-Nom Media.
• Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Services or any of the software used to provide any App.

There is no tolerance for objectionable content or abusive users on any of our streaming services.

If You violate any of the guidelines set forth above, or any other aspect of this Agreement, then without limiting Nom-Nom Media’s other rights and remedies, Nom-Nom Media may immediately suspend or terminate this Agreement and/or any of Your rights pursuant to this Agreement, without giving You any notice. Nom-Nom Media reserves the right to investigate and prosecute violations of the above to the fullest extent of the law. Nom-Nom Media may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement.

Restrictions:

In addition to any restrictions set forth in Section 2, You shall not (a) rent, lease, timeshare, license, distribute, sublicense or otherwise transfer any part or all of the Services (as a standalone product or in conjunction with other products); (b) make copies of all of any portion of the Services, except solely as necessary to install and use an App in accordance with this Agreement; (c) modify, translate, reverse engineer, decompile or disassemble the Services, except solely to the extent that such prohibition is not permitted under applicable law; (d) create derivative works of or from the Services or any intellectual property content included therein; (e) incorporate any part of the Services into any product or services; (f) use the Services for unpermitted commercial purposes; and (g) remove, alter or obscure any copyright, trademark, trade name or other proprietary notices, legends, symbols or labels that appear on the Services.

Third Party Content:

The Services may include certain functionality that allows, via any online, mobile or wireless system or network with which the Services interact, the routing and transmission of, and online access to, third party software applications, services and content (“Third Party Content”). By using such functionality, You acknowledge and agree that You are directing Us to access and transmit to You Third Party Content associated with such functionality. Because We do not control Third Party Content, You agree that Nom-Nom Media, its licensees, distributors and assigns (collectively with Nom-Nom Media, the “Nom-Nom Media Entities”) are not responsible or liable for any Third Party Content, including the performance, accuracy, integrity, quality, legality, usefulness, or safety of, or intellectual property rights relating to, Third Party Content, or the results of their use. We have no obligation to monitor Third Party Content, and We may restrict or disable access to any Third Party Content (in whole or in part) via the Services at any time. The availability of Third Party Content via the Services does not imply Our endorsement of, or Our affiliation with any provider or, such Third Party Content. Further, Your use of Third Party Content may be governed by additional terms and conditions that are not set forth in this Agreement or Our Privacy Policy (for example, terms and conditions that are made available by the providers of such Third Party Content). The use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use and privacy policies for those websites. This Agreement does not create any legal relationship between You and the providers of Third Party Content, and nothing in this Agreement shall be deemed to be a representation or warranty by any Nom-Nom Media Entity with respect to any Third Party Content. You access such third party websites at our own risk. Nom-Nom Media expressly disclaims any liability arising in connection with Your use and/or viewing of any websites or other material associated with links that may appear on the Services. You hereby agree to hold Nom-Nom Media harmless from any liability that may result from the use of links that may appear on the Service.

Claims of Copyright Infringement

Nom-Nom Media respects the intellectual property of others and expects its users to do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes upon their rights under U.S. copyright law. If You believe in good faith that any material available on or accessible through the Services infringe upon Your copyright, then You (or Your agent) may send Nom-Nom Media a notice requesting that Nom-Nom Media remove the material or block access to it. Similarly, if You believe in good faith that someone has wrongly filed a notice of copyright infringement against You, then the DMCA permits You to send Nom-Nom Media a counter-notice. Notices and counter-notices must include the following information and be sent to Nom-Nom Media’s contact at legal@nom-nom.media.

• A description of the copyrighted work that You claim has been infringed, including the URL (Internet address) or other specific location on the Services where the material You claim is infringed is located. Please include enough information to allow Nom-Nom Media to locate the material, and explain why You think an infringement has taken place;
• A description of the location where the original or an authorized copy of the copyrighted work exists – for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
• Your address, telephone number, and e-mail address;
• A 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;
• A statement by You, made under penalty of perjury, that the information in Your notice if accurate, and that You are the copyright Owner or authorized to act on the copyright owner’s behalf; and
• An electronic of physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

Please note, notices and counter-notices must meet then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. We suggest that You consult Your legal advisor before filing a notice or counter-notice.

Disclaimer of Warranties

USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, NOM-NOM MEDIA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE SERVICE OR THE CONTENT OF ANY SITES LINKED TO THE SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN. NOM-NOM MEDIA DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE ORFEATURED IN ANY BANNER OR OTHER ADVERTISING AND NOM-NOM MEDIA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES, OTHER THAN AS PROVIDED HEREIN. AS WITH THE PURCHSE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, THE SERVICES, THIRD PARTY CONTENT AND INFORMATION AND MATERIAL MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SERVICES (COLLECTIVELY, THE “MATERIALS”) MAY CONTAIN INACCURATE, INCOMPLETE OR OUT-OF-DATE INFORMATION. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY DEVICES, OTHER HARDWARE, SOFTWARE AND SERVICES (INCLUDING, WITHOUT LIMITATION, INTERNET AND/OR DATA CONNECTIVITY) NEEDED TO USE THE SERVICES AND ANY MATERIALS (IN WHOLE OR IN PART) AND (B) ENSURE THAT ANY DEVICE, OTHER HARDWARE, SOFTWARE AND SERVICES THT YOU USE WILL FUNCTION CORRECTLY WITH THE SERVICES AND ANY MATERIALS (IN WHOLE OR IN PART).
WITHOUT LIMITING THE FOREGOING, NEITHER NOM-NOM MEDIA NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERUPPTED OR THAT THE SERVICES WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY CONTENT CREATION OR SERVICE, INFORMATION OR MATERIAL PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE SERVICES.

NEITHER NOM-NOM MEDIA NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER.

NETHER NOM-NOM MEDIA NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE SERVICES ARE FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.

NOM-NOM MEDIA AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.

Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICALE LAW, YOU HEREBY RELEASE THE NOM-NOM MEDIA ENTITIES OF AND FROM, AND IRREVOCABLY WAIVE, ANY AND ALL CLAIMS (INCLUDING WITHOUT LIMITATION, CLAIMS FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ACTUAL ATTORNEYS’ FEES AND COSTS, AND CLAIMS FOR INTEREST), EVEN IF NOM-NOM MEDIA IS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RELATED TO, ARISING OUT OF, OR IN CONNECTION WITH (DIRECTLY OR INDIRECTLY) YOUR USE OF (OR INABILITY TO USE) THE SERVICES OR THE MATERIALS, YOUR VIOLATION OF THIS AGREEMENT OR THE VIOLATION OF THE RIGHTS OF ANY THIRD PARTY.

IN NO EVENT SHALL NOM-NOM MEDIA’S TOTAL AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY RELATED TO, ARISING OUT OF, OR IN CONNECTION WITH THIS AGREEMENT, THE SERVICES AND/OR THE MATERIALS, EXCEED FIVE UNITED STATES DOLLARS ($5.00).

Indemnity

YOU UNDERSTAND THAT YOU ARE PERSONALLY RESPONSIBLE FOR YOUR BEHAVIOR WHILE USING THE SERVICES AND AGREE TO INDEMNIFY, DEFEND AND HOLD NOM-NOM MEDIA ENTITIES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, COSTS, PENALTIES, FEES OR OTHER EXPENSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ACTUAL ATTORNEYS’ FEES AND COSTS AND CLAIMS FOR INTEREST) THAT THEY MAY INCUR IN CONNECTION WITH ANY CLAIM RELATED TO, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES OR MATERIALS, YOUR VIOLATION OF THIS AGREEMENT OR THE VIOLATION OF THE RIGHTS OF ANY THIRD PARTY.

Dispute Resolution

INFORMAL RESOLUTION. To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement (“Dispute“), You and Nom-Nom Media agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. Nom-Nom Media’s email address for such notices is legal@nom-nom.media Attention: Legal Affairs.

BINDING ARBITRATION. If You and Nom-Nom Media are unable to resolve a Dispute through informal negotiations, all claims arising from use of the Services (except those Disputes expressly excluded below) shall finally and exclusively resolved by binding arbitration. Any election to arbitrate by one (1) party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. The arbitration will be commenced and conducted under the Commercial Arbitration Rules (the “AAA Rules“) of the American Arbitration Association (“AAA“) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules“), both of which are available at the AAA website www.adr.org. Your arbitration fees and Your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If Your claim for damages does not exceed $10,000, then Nom-Nom Media will pay all such fees unless the arbitrator finds that either the substance of Your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, You and Nom-Nom Media may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

EXCEPTIONS TO ALTERNATIVE DISPUTE RESOLUTION. Each party retains the right to bring an individual action in small claims court or to seek injunctive or other equitable relief on an individual basis in a federal or state court in New York County, New York with respect to any dispute related to the actual or threatened infringement, misappropriation or violation of a party’s intellectual property or proprietary rights.

WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. You and Nom-Nom Media agree that any arbitration will be limited to the Dispute between Nom-Nom Media and You individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND NOM-NOM MEDIA ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both You and Nom-Nom Media otherwise agree, the arbitrator may not consolidate more than one (1) person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” Section will be deemed null and void.

LOCATION OF ARBITRATION. Arbitration will take place in New York County, New York. You and Nom-Nom Media agree that for any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, the New York state and Federal courts located in New York, New York have exclusive jurisdiction and You and Nom-Nom Media agree to submit to the personal jurisdiction of such courts.

Governing Law

You and Nom-Nom Media agree that, other than as set forth under the subsection entitled “Waiver of Right To Be A Plaintiff Or Class Member In A Purported Class Action or Representative Proceeding” in Section above, if any portion of is found illegal or unenforceable, then that portion will be severed and the remainder of the section will be given full force and effect. Notwithstanding the foregoing, if the subsection entitled “Exception To Alternative Dispute Resolution” in Section above is found to be illegal or unenforceable, then neither You nor Nom-Nom Media will elect to arbitrate any Dispute falling within that portion of that subsection is found to be illegal or unenforceable and such Dispute will be decided by a court of competent jurisdiction within New York, NY and you and Nom-Nom Media agree to submit to the personal jurisdiction of that Court.

Except as expressly provided otherwise, this Agreement will be and is governed by, and will be construed under, the laws of the state of New York, without regard to choice of law principles.

Severability

If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.

No Agency

No independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.

Entire Agreement

This Agreement constitutes the entire agreement by and between You and Nom-Nom Media pertaining to the subject matter hereof and supersedes all prior or contemporaneous agreements, representations, warranties and understandings of You and Nom-Nom Media. This Agreement may not be amended nor any obligation waived, other than expressly in writing by Nom-Nom Media. Any failure to enforce any provision of this Agreement shall not constitute a waiver thereof or of any other provision hereof.

Termination

This Agreement can be terminated at any time by Nom-Nom Media for any or no reason whatsoever with or without prior notice to You. In the event that Nom-Nom Media terminates this Agreement, Your limited rights hereunder, including to the license granted to You under this Agreement, shall immediately terminate. You agree that Nom-Nom Media shall not be liable to You or any third party for any termination of Your access to any of the Services or to any such information or files, and shall not be required to make such information or files available to You after such termination. All sections which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.

Contact Us

If you have any questions about this Agreement or the Services, then please email Nom-Nom Media at legal@nom-nom.media.