Last Revised: October 1, 2013
Use of Site and Site Material
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.
Links and Third Parties
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
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.
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site (including the exact URL);
- 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;
- 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
- 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:
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.
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.