TERMS AND CONDITIONS
The websites specialtyfood.com and my.fancyfoodshows.com (each a “Website” and together, the “Websites”) are owned and operated by the Specialty Food Association (“SFA”). Any visit to or use of the Websites by you constitutes your agreement that such visit or use is subject to these Terms and Conditions. The SFA 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.
OWNERSHIP AND COPYRIGHT
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 SFA, its members or its content suppliers. The compilation of all content on the Websites is the exclusive property of the SFA. All software used on the Websites is the property of the SFA or its software suppliers. All such content and software are protected by domestic and international copyright and other laws.
Subject to the following, the SFA grants you a limited license to access and make personal use of the Websites solely for the purposes for which they were intended.
You may not use the Websites for any other purpose without the express written consent of the SFA. You may not download (other than page caching), reproduce, duplicate, copy or modify any portion of the Websites. 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 and page layout) of the SFA or its members without the express written consent of the SFA or its members. You may not use any meta tags or any other “hidden text” utilizing the name or trademarks of the SFA or its members without the express written consent of the SFA or its members.
Any unauthorized use of the Websites or violation of any of the foregoing terms shall result in the automatic termination of the foregoing limited license.
As a registered user of the Websites you may set up a personal dashboard on the Websites for the purpose of enhancing your ability to obtain information regarding the SFA, its members and members’ products, and to communicate with the SFA and its members. You may enter personal information and preferences on your dashboard in order to enhance your Website experience. The information on your personal dashboard may not be viewed or accessed by SFA members or other Website users. You may choose at any time to not allow SFA members to contact you via your personal dashboard.
As a registered user of the Websites you may also set up a user profile for the purpose of participating in interactive forums with other registered users. You may enter personal information in your user profile in order to identify and describe yourself to other participants in the interactive forums. The information in your user profile may be viewed by other registered users.
As a registered user of the Websites, you are responsible for maintaining the confidentiality of your personal dashboard, your account, your user password, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or user profile or on your dashboard. 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 on your personal dashboard, in your user profile, or on the Websites. You may use your personal dashboard and user profile solely for the purposes for which they were intended. Any unauthorized use is prohibited.
Users of any chat rooms or forums on the Websites which permit interaction with other users are prohibited from engaging in behavior which may be construed as anticompetitive or in violation of antitrust laws. Agreements among competitors (and sometimes others) designed to restrict the free operation of markets may lead to civil liability, and may also constitute criminal conduct. Messages that might be construed as encouraging or facilitating other users to agree on prohibited topics cannot be posted on the Websites. This includes any messages about:
- Significant costs
- Discounts, or other terms of sale
- Salaries paid to employees
- Specific customers or vendors
- Agreements or proposed agreements between competitors to engage in any joint activity whatsoever
Users must interpret this prohibition broadly. An explicit agreement, or concerted action, is not necessarily required to demonstrate a violation of the antitrust laws – when combined with other evidence, statements about these topics may demonstrate a violation.
The consequences for violating antitrust laws are severe. The maximum criminal penalty for conspiring to restrict free trade is $1 million for individuals, and from $10 million to $100 million for a corporation, with higher fines possible in certain circumstances. Individuals and corporate officers who are found guilty of price fixing or similar conduct will almost always be sentenced to imprisonment. Even if prohibited conduct does not rise to the level of criminal punishment, the government can pursue injunctive action that could put SFA members – or the SFA itself – out of business. Private plaintiffs may also sue for violations of the antitrust laws, and may be entitled to treble damages (3 times actual damages) if they are successful. The possibility of company-ending class actions is real.
If as a registered user of the Websites you post content or submit material (other than content or material on your personal dashboard), you grant the SFA 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 of or otherwise injurious to third parties, or otherwise illegal; and that you indemnify the SFA for all claims resulting from such content or material. The SFA has the right but not the obligation to monitor, edit or remove any content or material in violation of these rules or deemed harmful or inappropriate by SFA, and to take such other action SFA deems appropriate, including giving warnings, deleting posts, banning posters, or terminating accounts. The SFA takes no responsibility and assumes no liability for any content posted by you, any other registered user, or any third party.
If you are under 18, you may use the Websites only under the supervision of a parent or guardian.
The SFA makes no representation nor has any control over the content of any other websites accessed from the Websites, including without limitation websites controlled by SFA members. A link to a non-SFA website does not mean that the SFA endorses or accepts any responsibility for the content or use of such website. On the Websites the SFA provides product information solely for the convenience of users of the Websites. Food-related information is displayed on the Websites for the convenience of users of the Websites, and the appearance of such information does not constitute the SFA’s endorsement of any particular product, food, diet or regimen.
The SFA and its affiliates respect the intellectual property of others. If you believe that your work has been published on the Websites in a manner that constitutes copyright infringement, please contact us at email@example.com.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SFA PROVIDES NO WARRANTY THAT ANY INFORMATION ON THE WEBSITES IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. THE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SFA 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 SFA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SFA DOES NOT WARRANT THAT THE WEBSITES, THEIRS SERVERS, OR E- MAIL SENT FROM THE SFA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SFA 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 SFA 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 activity on the Websites or your breach of these Terms and Conditions.
The failure of the SFA to enforce any provision of these Terms and Conditions shall not be construed as a waiver or limitation of the SFA'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 in its entirety, and 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 SFA 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 SFA 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.