TERMS AND CONDITIONS
The websites specialtyfood.com, fancyfoodshows.com, specialtyfoodmagazine.com, specialtyfoodmarket.com, nasft.virtualpressoffice.com, foodspring.com, foodspringnetwork.com and nasft.org. (collectively, the “Websites”) are owned and operated by the Specialty Food Association. Any visit to or use of the Websites by you constitutes your agreement that such visit or use will be subject to these Terms and Conditions. The Specialty Food Association reserves the right to change these Terms and Conditions at any time, and you are responsible for regularly reviewing these Terms and Conditions if you wish to continue using the Websites. Please read them carefully.
All content on the Websites, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Specialty Food Association or its content suppliers and is protected by domestic and international copyright laws. The compilation of all content on the Websites is the exclusive property of the Specialty Food Association and is protected by domestic and international copyright laws. All software used on the Websites is the property of the Specialty Food Association or its software suppliers and is protected by domestic and international copyright laws.
LICENSE AND WEBSITE ACCESS
The Specialty Food Association grants you a limited license to access and make personal use of the Websites, but not to download (other than page caching) or modify any portion of the Websites. No portion of the Websites may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Association. The use of spiders, robots, scrapers or any other means, whether through the use of automated software or through a physical or mechanical system, is strictly prohibited.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Specialty Food Association or its members without express written consent. You may not use any meta tags or any other "hidden text" utilizing the name or trademarks of the Association or its members without express written consent of the Association or its members. Any unauthorized use terminates the foregoing license.
The Specialty Food Association makes no representation nor has any control over the content of any other websites accessed from the Websites, including without limitation websites controlled by Association members. A link to a non-Association website does not mean that the Association endorses or accepts any responsibility for the content or use of such website. ON the Websites the Association provides product information solely for the convenience of users of the Websites. The Specialty Food Association is not responsible for examining or evaluating any products that may appear on the Websites and no such information constitutes the Association’s promotion or endorsement of any product. On the Websites the Association provides other food-related information, solely for the convenience of users of the Websites, and no such information constitutes the Association’s promotion or endorsement of any food, diet or regimen.
If you are a registered user of the Websites, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin any information or content provided by you.
If you are under 18, you may use the services on the Websites only with involvement of a parent or guardian.
All material and information on the Websites are provided "as is" and without warranties of any kind, either expressed or implied. To the fullest extent permissible under applicable law, the Specialty Food Association disclaims all warranties, expressed or implied, including, but not limited to, warranties of merchantability and fitness for particular purpose.
If as a registered user of the Websites you post content or submit material, you grant the Specialty Food Association a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content or material throughout the world in any media. You represent and warrant that such content or material is not obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights or otherwise injurious to third parties, or otherwise illegal; and that you indemnify the Specialty Food Association for all claims resulting from such content or material. The Association has the right but not the obligation to monitor and edit or remove any content or material. The Association takes no responsibility and assumes no liability for any content posted by you or any third party.
The Specialty Food Association and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact our legal department at firstname.lastname@example.org about making claims of copyright infringement.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY:
THE SPECIALTY FOOD ASSOCIATION DOES NOT WARRANT THAT ANY INFORMATION ON THE WEBSITES IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. THE WEBSITES ARE PROVIDED BY THE SPECIALTY FOOD ASSOCIATION ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SPECIALTY FOOD ASSOCIATION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITES. YOU EXPRESSLY AGREE THAT YOUR USE OF WEBSITES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SPECIALTY FOOD ASSOCIATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SPECIALTY FOOD ASSOCIATION DOES NOT WARRANT THAT THE WEBSITES, THEIRS SERVERS, OR E- MAIL SENT FROM THE SPECIALTY FOOD ASSOCIATION ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SPECIALTY FOOD ASSOCIATION WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
You agree to indemnify and hold the Specialty Food Association and any of its officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms and Conditions.
The failure of the Specialty Food Association to enforce any provision of these Terms and Conditions shall not be construed as a waiver or limitation of the Association's right subsequently to enforce and compel strict compliance with every provision of these Terms and Conditions.
If any term or provision in these Terms and Conditions is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final and non-appealable, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken here from in its entirety, and unless such term or provision is material to the performance of these Terms and Conditions, the remainder of these Terms and Conditions shall survive with the said offending provision eliminated.
GOVERNING LAW AND VENUE
These Terms and Conditions are governed by the laws of the State of New York, without giving effect to its conflict of laws principles, and you and the Specialty Food Association hereby submit to the exclusive jurisdiction of the state and federal courts located in the City of New York in connection with any dispute arising from these Terms and Conditions or your use of the Websites.
You acknowledge that violation of these Terms and Conditions could cause irreparable harm for which monetary damages may be difficult to ascertain or an inadequate remedy. You therefore, agree that the Specialty Food Association shall be entitled, in addition to its other rights, to seek and obtain injunctive relief for any violation of these Terms and Conditions without the filing or posting of any bond or surety. Furthermore, in the event a lawsuit or action is brought by any party under these Terms and Conditions to enforce any of its terms, it is agreed that if the Specialty Food Association shall be deemed to be the prevailing party as determined by final judgment, not subject to appeal, of a court of competent jurisdiction, the Specialty Food Association shall be entitled to recovery of reasonable attorney's fees, expert fees, litigation expenses and court costs in addition to any other relief granted by the court.