Terms of Use

Terms of Use for www.foodservicedirector.com

Last Revised: October 1, 2013

 

Introduction

Thank you for visiting the Foodservice Director website. These terms of use ("Terms of Use") govern the use of this website and any related websites managed by a third party on behalf of Foodservice Director (the "Site"). As used herein, "You" and "Your" refers to any individual, company, webcrawler, data aggregator or legal entity that accesses or otherwise uses the Site. Foodservice Director (“Foodservice Director”, “we”, “us” or “our”) provides this Site to you subject to the following terms and conditions. Your access and/or use of this Site and or any services available through the Site ("Services") signifies that You agree to be bound by these Terms of Use in effect at the time You use the Site without limitation or qualification, and that You consent to the privacy policy, (the "Privacy Policy") which can be read in its entirety here, and the photo submission guidelines, (the “Photo Submission Guidelines”) which can be read in their entirety here. By using the Site and agreeing to these Terms of Use, you acknowledge that you have read and understand these Terms of Use, the Privacy Policy and the Photo Submission Guidelines and that you agree with them. If you are not willing or able to be bound by these Terms of Use, and You do not agree with these Terms of Use, the Privacy Policy and the Photo Submission Guidelines, do not use the Site and/or immediately cease use of the Site and the Services and cease use of the all information and materials You have obtained through the Site and/or the Services.

Modification

We may modify these Terms of Use at any time. Such changes may be based on changes to the Site, in response to changes in law or for any other reason. The amended terms shall be effective immediately upon posting on the Site. Your continued use of the Site and/or the Services constitutes Your assent to such amended Terms of Use and Your agreement to be bound thereby. We may, but are under no obligation to, provide You notice of such modifications to these Terms of Use via email or other communication. You can tell that these Terms of Use have been updated by checking the last revised date posted on the top of this page. 

Use of Site and Site Material

Personal Noncommercial Use Only.Except as expressly stated therein, this Site is provided for Your personal noncommercial use only. You agree not to copy or use our content in any way that infringes anyone's intellectual property rights. You may not use any name, brand, logo, design, slogan or other designations that we use in connection with our products and services. Any copying, republication or redistribution of our content is expressly prohibited without prior written consent. You agree to use the Site and the Services only for their intended lawful purpose and in accordance with all applicable laws and this Terms of Use.

Prohibited Uses. You are prohibited from using this Site in any malicious or unlawful manner, including but not limited to posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage unlawful conduct. You will not take any action that interferes with our normal operations or imposes an unreasonable or disproportionately large load on our Site infrastructure, including but not limited to transmitting spam or using other unsolicited mass emailing techniques. You agree that you will not, without our prior written consent, use webcrawling, “bots,” automatic data collection or other similar techniques or applications to access, “scrape,” view or obtain data or content from our Site. 

You agree not to tamper with the software or functionality of the Site and Services and not to introduce any material into the Site or the Services that contains any viruses, time bombs, Trojan horses, worms, cancelbots or other computer programming viruses that may damage, interfere with, intercept or expropriate any system, data or information. Likewise, You agree that you will not reverse engineer our Site or any of our applications. You are responsible for taking all reasonable precautions necessary to ensure the security and integrity of Your system.

You may not take any action, or omit to take any reasonable action, which would constitute an invasion of privacy of any other user of the Site or Services in any applicable jurisdiction. You will not misrepresent Yourself or capture personal data of users through the use of deception. Use or distribution of tools designed for compromising privacy or security is strictly prohibited.

Monitoring. We may from time to time monitor or review material transmitted or posted using this Site and reserve the right to delete any material we deem inappropriate; however, we are under no obligation to do so and assume no responsibility or liability arising from any material transmitted or posted using this Site.

Information You Provide. In consideration of Your use of this Site or our Services, You agree to provide accurate, current and complete information as requested on the applicable registration form.

Ownership of Intellectual Property

As between Foodservice Director and you, Foodservice Director owns all rights to the Site and all elements of the Site (including, but not limited to the design interface and layout, the “look and feel” of the Site, the selection and arrangement of elements and software code (the “Site Elements”)). Foodservice Director owns the rights to its copyrights and trademarks, service marks, and trade dress (collectively referred to as "Intellectual Property") displayed on and from this Site. Notwithstanding any other term or condition in this agreement, Foodservice Director retains ownership of all Intellectual Property and Site Elements on this Site, and all other material on and from this Site. Nothing on this Site should be construed as a license to use the Intellectual Property or Site Elements. Your use of the Intellectual Property or Site Elements of this Site is strictly prohibited and nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or other proprietary right of Foodservice Director. All rights reserved.

Disclaimer of Warranty and Limitation of Liability

You expressly agree that the use of this Site and material from this Site is at Your own risk.

We use reasonable safeguards to ensure safe, uninterrupted service, but this Site and our Services are provided on an "as is, as available" basis. We make no warranties or representations that this Site or our Services is or will be error-free, secure or uninterrupted. We assume no liability or responsibility for any damage to You, Your computer, or Your other property, due to Your access to, use of, or downloading of this Site, our Services or any materials provided on this Site.

As a premier provider of business information for the foodservice industry, we maintain high standards for our editorial content, and strive to provide accurate and up-to-date material on this Site. However, we make no warranties or representations as to the accuracy, completeness or timeliness of the material provided on this Site. We assume no liability or responsibility for any errors or omissions on this Site.

Neither Foodservice Director, any of its agents, nor any other party involved in creating, producing, or delivering this Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of Your access to, or use of, this Site or any material from this Site. Without limiting the foregoing, this Site and the material provided on this Site are provided "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. YOUHEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE PRIVACY POLICY OR THE TRANSACTIONS CONTEMPLATED HEREBY.

You acknowledge that any use of the Site except as expressly permitted by these Terms of Use without the prior written permission of Foodservice Director will cause irreparable injury for which monetary damages would not be sufficient, and you consent to entry of immediate and permanent injunctive relief with respect to such unauthorized use.

Links and Third Parties

Some content on the Site is supplied by websites not under the control or operation of Foodservice Director. We have not necessarily reviewed any or all content supplied by third parties and are not responsible for any content from such third parties, and we have not necessarily reviewed any or all websites that may be accessed via hyperlinks from this Site. Your linking to any sites from this Site is at Your own risk. We are not affiliated with, and do not endorse or sponsor, any such third-party website or any product or service of any such third party or website operator. By clicking on or following through to any such websites, you agree to review and agree to such third-party website’s terms of use and privacy policies. We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links, made available through these resources or appearing in such third-party websites, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such third-party websites.

Foodservice Director’s Site and Services include advertisements and promotions from third parties. Your business dealings with these third parties are solely between You and the advertiser. Advertising on our Site and Services does not imply endorsement, and we are not responsible for any loss or damage that may be incurred through Your dealing with these third parties.

United States Only

This Site and material provided on this Site are solely for promoting products, programs, and business operations within the United States. The Site is offered from the United States. We make no representations or warranties that the Site is appropriate or available for use in countries outside of the United States. Visitors who choose to access the Site from outside of the United States do so at their own initiative and are responsible for compliance with any and all local laws and regulations that may apply to such access (including, without limitation, laws governing the use of encryption and the transmission of data across international boundaries, into prohibited countries).

ACCESS TO THE SITE AND THE USE OF INFORMATION, MATERIALS, PRODUCTS OR SERVICES PROVIDED THROUGH THE SITE, IS NOT INTENDED, AND IS PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES APPLICABLE LAWS OR REGULATIONS.

Idea Submission/Use of Information

We welcome Your comments and suggestions on this Site and products, but we do not seek to solicit any confidential or proprietary ideas, suggestions, materials or other information relating to developing, designing, redesigning, modifying, manufacturing or marketing its products or any new products. Excluding Your personally identifiable information, which is subject to the Privacy Policy, any information that You send or submit online to us or to business partners working on behalf of Foodservice Director, including but not limited to images, photographs, feedback, data, questions, comments, suggestions, or the like ("Submissions"), shall be deemed nonconfidential and the property of Foodservice Director.

Your submission of such information shall constitute an assignment to Foodservice Director of all worldwide rights, titles, and interests in the Submissions, including the right to use, reproduce, modify, disclose and distribute the Submissions without limitation. Foodservice Director shall be free to use any ideas, concepts, know-how or techniques contained in the Submissions for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products which incorporate or otherwise rely upon such information, and will not be liable for any use or disclosure of such Submissions.

By submitting a Submission, You warrant that we may publish such Submission, use it as part of our operations, and incorporate its concepts in our products without liability or compensation to You. By submitting a Submission, You represent that You have proper authorization to do so.

Photo Submissions Guidelines

Visual art is an important part of our magazine, and we welcome any and all submissions of images that will speak to our readers and that offer aesthetic pleasure. If you would like to submit an image, you must do so in accordance with our Photo Submission Guidelines.

Copyright Policy and Digital Millennium Copyright Act (“DMCA”) Notice.

We respect the copyright interests of others and, as such, require our users to comply with these Terms of Use and all applicable laws regarding copyrights. If you believe that any content shown on or transmitted through the Site violates these Terms of Use or your copyright, please report the violation. In the case of a copyright violation please provide the following information:

  1. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  2. a description of where the material that you claim is infringing is located on the Site (including the exact URL);
  3. an address, a telephone number, and an email address where we can contact you and, if different, an email address where the alleged infringing party, if not us, can contact you;
  4. a statement that you have a good-faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law; and
  5. a statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf.

All notices should be sent to our designated agent as follows:

Dawn Kasper
CSP Business Media LLC
1 Tower Lane, Suite 2000,
Oakbrook Terrace, IL 60181

It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove allegedly infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove the content of both parties.

Applicable Law

Any dispute arising out of Your use of this Site or material from this Site shall be resolved according to the laws of the State of New York, United States of America, without giving effect to that state's principles of conflicts of laws. You agree that any action at law or in equity that arises out of or relates to any use of the Site will be filed only in the state or federal courts located in New York County, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. 

Miscellaneous

Notice. We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Site or delivering them to you through the email address we have for you. We cannot be held liable if we fail to notify you via mail or email. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of or related to use of the Site or these Terms of Use must be filed within six (6) months after such claim or cause of action arose or it will be forever barred. These Terms of Use, and all terms, conditions, and policies that are incorporated into these Terms of Use by reference (including the Privacy Policy), constitute the entire agreement between you and Foodservice Director and govern your use of the Site, superseding any prior agreements that you may have with us. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms of Use shall continue in full force and effect. 

Termination. Your access may be terminated at any time and for any reason or for no reason by us. You shall have no recourse and we shall have no liability with respect to any such termination. All provisions of these Terms of Use relating to warranties, confidentiality obligations, proprietary rights, limitation of liability and indemnification obligations shall survive the termination or expiration hereof.

Questions

Any questions regarding these Terms of Use should be directed to the Foodservice Director webmaster: cspinquire@cspnet.com.