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TERM AND CONDITIONS
 
 Home  »  TERM AND CONDITIONS

NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS  WEBSITE


Permission to use Documents  from this server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from this Server is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

TERMS OF SERVICE

When using Food Info Net, you agree to the following terms and conditions (the "Terms of Service"). You can always check out the most current version of these Terms of Service at this page. In addition, when using particular Food Info Net services, you shall be subject to any posted guidelines applicable to such services, including the any applicable sweepstakes rules and any terms or conditions applicable to Food Info Net services provided in conjunction with any of Food Info Net's content and service partners. All such rules and guidelines are hereby incorporated by reference into the Terms of Service. If you do not agree to these Terms of Service please do not use the site and do not register to be a member of Food Info Net. We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Service at any time. Please check these terms periodically for changes. Your continued use of the Food Info Net Service following the posting of changes to these terms will mean you accept those changes.

Overview

Food Info Net is a multi-purpose service which allows you to use or access a wealth of products and services, including food industry directories, events calendar, career center, market research reports, online bookstore, forums, news and broad range of other content (collectively the "Food Info Net Service"). These Terms of Service apply to the Food Info Net Service as well as any new products or services that we may add in the future (unless stated otherwise).

General Terms of Service and Restrictions on Use of Materials

By using the Food Info Net Service, you agree to be legally bound and to abide by the Terms of Service, just as if you had signed this Agreement. If you do not comply with the Terms of Service at any time, Food Info Net reserves the right to terminate your access the Food Info Net Service. Food Info Net may discontinue or alter any aspect of the Food Info Net Service, including, but not limited to, (i) restricting the time the Food Info Net Service is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use the Food Info Net Service, at Food Info Net's sole discretion and without prior notice or liability. You are responsible for all charges associated with connecting to the Food Info Net Service through an available access number. You are also responsible for obtaining or providing all access lines, telephone and computer equipment (including modem), or other device, necessary to access the Food Info Net Service. You further certify that you are an individual.

In order to permit Food Info Net to protect the quality of its products and services, you hereby consent to Food Info Net employees being able to access your account and records on a case by case basis to investigate complaints or other allegations or abuse.

You acknowledge that the Food Info Net Service contains information, software, photos, video, text, graphics, music, sounds or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or here after developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and Food Info Net owns a copyright in the selection, coordination, arrangement and enhancement of such Content. The Food Info Net name and logo are exclusively licensed to the Food Info Net Network, Inc. All other trademarks appearing on the Food Info Net Service are trademarks of their respective owners. Food Info Net's partners may also have additional proprietary rights in the content which they make available through the Food Info Net service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose, including use of any such material on any other web site or networked computer environment is strictly prohibited. In the event you download software provided by Food Info Net, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by Food Info Net. Food Info Net does not transfer title to the Software to you. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.

Registration

If you elect to register to use the Food Info Net Service and/or participate in any sweepstakes, contest, or other services offered by Food Info Net you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Food Info Net Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it accurate. If you provide any information that is untrue, inaccurate, or incomplete, or Food Info Net has reasonable grounds to suspect that such is the case, Food Info Net has the right to suspend or terminate your account and refuse any and all current or future use of the Food Info Net Service (or any portion thereof).

Food Info Net's Privacy Policy

Pursuant to Food Info Net's privacy policy, we may disclose to third parties certain information contained in your Registration Data or related data unless you choose to opt out from such disclosures or in the good faith belief that such action is reasonably necessary to comply with the law, legal process, or to enforce the Terms of Service. For more information, please see our full Privacy Policy.

Community Standards and Conduct in Food Info Net Forums

You acknowledge that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that you are entirely responsible for all Content that you post, email or otherwise transmit via the Food Info Net Service. Food Info Net does not control all of the Content posted via the Food Info Net Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Food Info Net Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Food Info Net be liable in any way for any Content, 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 via the Food Info Net Service.

You agree to not use the Food Info Net Service to:

  • upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  • harm minors in any way;
  • impersonate any person or entity, including, but not limited to, a Food Info Net official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  • upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
  • upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Food Info Net Service or an Food Info Net Forum are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
  • interfere with or disrupt the Food Info Net Service or servers or networks connected to the Food Info Net Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Food Info Net Service;
  • intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
  • "stalk" or otherwise harass another member or user of the Food Info Net Service; or
  • collect or store personal data about other users, or members.

A "Forum" refers to a chat area, bulletin board, "instant messaging" or virtual community offered as part of the Food Info Net Service. Food Info Net also provides its users with access to e-mail. The Forums and e-mail shall be used only in a noncommercial manner. You shall not, without Food Info Net's express written approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services.

It is our policy to respect the privacy of all users. Therefore, in addition to our Privacy Policy, we will not monitor, edit, or disclose the contents of a user or member e-mail unless required in the course of normal maintenance of Food Info Net Service and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on Food Info Net; (2) protect and defend the rights or property of Food Info Net; or (3) act in an emergency to protect the personal safety of our users or the public. You shall remain solely responsible for the content of your messages.

All Food Info Net Forum communications are public and not private communications. Although Food Info Net reserves the right to remove without notice any Forum posting for any reason, we have no obligation to delete content that you may find objectionable or offensive. By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) us a perpetual, royalty-free, irrevocable, non- exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.

Your privilege to use the Food Info Net Forums and contribute to discussions on the Food Info Net Forums depends on your compliance with the member conduct guidelines set forth above. Food Info Net may revoke your registration privileges and/or take any other appropriate measures to enforce these guidelines if violations are brought to our attention. Further, Food Info Net, in its sole discretion, may terminate your membership or participation in any community, chat room or other Forum for any reason.

Parental permission is required for children 12 years of age or under to use any Food Info Net Forums. Please remember, when using any Food Info Net services or Forums, you agree to abide by the member conduct guidelines set forth above. Food Info Net does not permit registered users under the age of 13 to participate in chat.

Food Info Net reserves the right to monitor some, all, or no areas of Food Info Net Forums for adherence to these or other rules that may be published from time to time. You acknowledge that by providing you with the ability to distribute your content, Food Info Net is acting as a passive conduit for such distribution and Food Info Net is not undertaking any obligation or liability relating to any content or activities in any Forum or Forum area.

Submissions

By posting or submitting content to this site, you grant Food Info Net and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by Food Info Net will not infringe or violate the rights of any third party.

If you send us creative suggestions, ideas, notes, drawings, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of Food Info Net. None of the Submissions shall be subject to any obligation of confidence on the part of Food Info Net, and Food Info Net shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, Food Info Net shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

Links

The Food Info Net Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Food Info Net has no control over such sites and resources, you acknowledge and agree that Food Info Net is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Food Info Net shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

DISCLAIMER

Food Info Net uses diligent efforts to maintain the Food Info Net Service, but Food Info Net is not responsible for any defects or failures associated with the Food Info Net Service or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. In addition, Food Info Net makes no guarantees as to the sites and information located worldwide throughout the Internet to which you may access as a result of the use of the Food Info Net Service, including as to: (i) the accuracy, currency, content, or quality of any such sites and information, or (ii) whether any search using the Food Info Net Service may locate unintended and objectionable content.

PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:

THE FOOD INFO NET SERVICE IS PROVIDED 'AS IS' AND YOU USE IT AT YOUR SOLE RISK FOOD INFO NET EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WITHOUT LIMITATION, FOOD INFO NET MAKES NO WARRANTY THAT THE FOOD INFO NET SERVICE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE FOOD INFO NET SERVICE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE FOOD INFO NET SERVICE WILL MEET YOUR EXPECTATIONS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE FOOD INFO NET SERVICE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM FOOD INFO NET PERSONNEL OR THROUGH THE FOOD INFO NET SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVICED FOR IN THESE TERMS OF SERVICE.

Disclaimer Regarding Financial Information

The Food Info Net Service allows you to obtain information on companies, stock prices, bonds, and other investments or financial matters. The Food Info Net Service, including all such financial information, is provided for informational purposes only, and no information you may obtain is intended by Food Info Net to be used for trading or investing purposes. Food Info Net shall not be responsible for the accuracy, usefulness or availability of any information transmitted via the Food Info Net Service, and shall not be liable for any trading or investment decisions made based on such information.

Disclaimer Regarding Shopping Retailers

The Food Info Net Service provides shopping services to help you locate and potentially purchase products from online and offline retailers. Food Info Net does not, however, control these independent retailers and Food Info Net does not provide any assurance, warranty or guarantee of any kind that you will be satisfied with their products or services. When shopping by means of services provided by Food Info Net you acknowledge and agree that: Food Info Net does not endorse any of the products or services ("Merchandise") linked to from or through the Food Info Net Service, nor has Food Info Net taken any steps to confirm the accuracy or reliability of any of the information provided by third parties through Food Info Net or their own web sites. Food Info Net expressly disclaims any and all representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party. We advise you to exercise your own judgment and investigate as you deem necessary before proceeding with any online or offline transaction with any of these third parties.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT FOOD INFO NET SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FOOD INFO NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE FOOD INFO NET SERVICE AND/OR PARTICIPATE IN ANY SWEEPSTAKES ; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE FOOD INFO NET SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE FOOD INFO NET SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE FOOD INFO NET SERVICE OR OPERATION OF THE FOOD INFO NET SWEEPSTAKES. IN NO EVENT SHALL FOOD INFO NETS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES WHICH OCCUR UNDER YOUR ACCOUNT. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS FOOD INFO NET INC., CBS CORPORATION, THEIR PARENTS, AFFILIATES AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF OUR SERVICES, YOUR VIOLATION OF THE TERMS OF SERVICE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY FOOD INFO NET OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.

Termination and modification

You agree that Food Info Net, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Food Info Net Service, and remove and discard any Content within the Food Info Net Service, for any reason, including, without limitation, for lack of use or if Food Info Net believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. Food Info Net may also in its sole discretion and at any time discontinue providing the Food Info Net Service, or any part thereof, with or without notice. You agree that any termination of your access to the Food Info Net Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Food Info Net may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Food Info Net Service. Further, you agree that Food Info Net shall not be liable to you or any third-party for any termination of your access to the Food Info Net Service.

Governing Law and Other Miscellaneous Terms

These terms shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in New York County in the State of New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and Food Info Net relating to the subject matter herein and shall not be modified by you except in writing, signed by both parties. The Terms of Service will inure to the benefit of Food Info Net's successors, assigns and licensees.

COPYRIGHT AND COPYRIGHT NOTICES

Food Info Net respects the intellectual property of others, and we ask our users to do the same. Food Info Net may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact Food Info Net and provide us the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the site;
  • your address, telephone number, and email 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 above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

 


  


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