TERMS AND CONDITIONS

In order to maintain a safe and welcoming environment for our online community, we’ve created terms and conditions that are applicable to everyone who participates on worldfoodtravel.org, either on the main domain or on any subdomain.

COPYRIGHT

All contents of this entire website, including all subdomains, unless otherwise stated, are copyrighted by the World Food Travel Association (WFTA), “the Company”. The Company name, logo, tagline and artwork are all trademarks and/or service marks owned by the Company. No material on this website or integrated portions of this website may be borrowed, transmitted, stored, or otherwise reproduced without written permission from the site publisher. Contributions, regardless of when and/or where they are submitted, become the property of the Company, and submitters agree to relinquish all legal and other rights of content ownership. The Company reserves the right to further distribute or repurpose submitted content without the consent of, or advice to, the submitting individual or entity.

Additional content, with specific attention to content included in the BrainFood library is provided “as is” (see Disclaimer below), for educational benefit and information purposes only. Such content may have other copyright holders and in such cases, the Company serves as an information conduit only, much like how Google provides news alerts. In such instances, it is the responsibility of the website user to check and verify the content source and content portability off of this website.

TERMS OF USE

Users of this site agree to the legal conditions described herein and agree to hold the Company, their employees, contractors, and assignees free of claims, by any person or entity, under any circumstances for any special, incidental, indirect or consequential damages, including, without limitation, damages resulting from use of, or reliance on, the information presented, loss of profits or revenues, or costs of replacement goods, even if informed in advance of the possibility of such damages. Some jurisdictions may not allow the exclusion of implied warranties and therefore the above exclusions may not apply. Terms of Use shall apply to all site users without exception, and the Company reserve the right to change its terms of use at any time without notice.

DISCLAIMER

The Company make every attempt to verify the accuracy of all content before publication. In rare and unpredictable cases, errors may unwittingly be published. Material published on this website and any sub-sites or linked sites is provided “as is” without warranty or conditions of any kind, either expressed or implied. Due to the volume of information being handled and the desire to promote freedom of information, the Company will not edit, and cannot be responsible for, submissions by members. The Company do not tolerate slander or profanity on this website. If you notice any slanderous or profane comments, please Notify Us immediately and we will work to resolve the issue.

GOVERNING TERMS:

The following terms and conditions (the “Terms”) cover the World Food Travel Association, “WFTA” website, located at www.worldfoodtravel.org, and any associated content, including e-mail (the “Site” or the “WFTA Site”). Please read these Terms carefully before using or proceeding to access the Site. You must read and agree to the following Terms and Conditions of use, including the Code of Conduct, before you access or otherwise use the Site. Your access to and use of the Site are governed by the following Terms and Conditions. By accessing the Site, you accept these Terms and Conditions in effect at the time of your use. You acknowledge that unauthorized use of the Site may violate copyright, trademark, privacy, publicity, and communication laws. As used here, “you” or “User” means an WFTA website user who is deemed to have read, understood, and agreed to the Terms and “we,” “us,” “our” or “WFTA” means the World Food Travel Association.

1. DESCRIPTION OF SITE

The worldfoodtravel.org website is a portal for the world’s food tourism community. The site features products and services offered by WFTA and its related business units, fosters networking and relationships between site members, promotes food tourism in the media, and serves as a platform for WFTA’s members to research and interact. Website users, regardless of their category of membership, must register with the Site to be part of the community or take advantage of specific products, services or features.

2. USE OF THE SITE

Your access to and use of the Site is subject to all applicable international, federal, state, and local laws and regulations. The trademarks, logos, and service marks (“Marks”) displayed on the Site are the property of the WFTA, its related business units, and other parties. Users are prohibited from using any Marks for any purpose, including, but not limited to, use as metatags on other pages or sites on the World Wide Web without the written permission of WFTA or such third party which may own the Marks. All information and content including any software programs available on or through the Site (“Content”) is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works, or using any Content available on or through the Site for commercial or public purposes. You agree that your participation in the Site is voluntary, personal, and non-transferable. WFTA may, in its sole discretion, immediately terminate your access (with or without notice) to the Site should your conduct fail to conform to the Terms and Conditions.

3. SUBMISSION OF PHOTOGRAPHS, VIDEOS, AUDIOS & TEXT [“CONTENT”]

Content will be posted subject to the approval of WFTA. The Content can only depict the individual registered under the profile and account for which the photograph was submitted. Content cannot contain or depict a public figure, unless such public figure is the account holder. You can only submit content that depicts an identifiable person(s) if you have received prior written permission from that person(s) granting you the right to submit the photo for posting, publication, and use on the website. By submitting content you represent and warrant that you have received written permission from all persons that have any rights to such photograph and agree to indemnify WFTA for any claims arising out of said use. Content may not contain any depiction of any trademarks, trade names, third-party copyrighted material, any material owned by any third party, or any content commonly regarded as objectionable for any reason.

4. MODIFICATIONS TO THESE TERMS AND CONDITIONS

We may change the Terms and Conditions of the Site from time to time by updating this posting. Please visit the Terms and Conditions area each time you visit the Site to keep up to date with the current terms regarding your use of the Site. Your continued use of the Site constitutes an affirmative: (1) acknowledgment by you of the Terms and any Term modifications, and (2) your agreement to abide and be bound by the Terms as modified.

5. MODIFICATIONS TO SITE

We reserve the right to modify or discontinue the Site with or without notice to you. We shall not be liable to you or any third party should we exercise this right to modify or discontinue the Site.

6. USER CONTENT/ASSIGNMENT

You irrevocably assign to WFTA all rights in any content, ideas, or expressions of ideas that you provide to the Site. All comments, suggestions, graphics, ideas (including product and advertising ideas), and other information or materials you upload, store, publish, or otherwise submit to WFTA through this Site will become and remain the exclusive property of WFTA and/or its related business units, including any future rights associated with such submissions even if these Terms and Conditions are later modified or terminated. This means that you disclaim any proprietary rights to such submissions, and you acknowledge WFTA and/or its agencies’ unrestricted right to use them (or materials or ideas similar to them) in any medium, now and in the future, without notice, compensation, or other obligation to you or any other person. It also means that with the exception of your personally identifiable information, WFTA and/or its agencies have no obligation to keep your submissions confidential. You will not be entitled to any remuneration for any use of your content by us or our agencies or affiliates.

You further release, and waive all claims against, WFTA and/or its agencies with respect to any intellectual property or other proprietary rights, rights of privacy and publicity, rights of attribution, or any other liability under the governing law of the United States.

7. DATA PRIVACY “SAFE HARBOR” POLICY

The Company provides software components needed by website members to help manage their communications with the Company, and with and between other members. Information can be processed on an organization’s own computers or on computers hosted by the Company. In the latter case, the Company serves as an Application Service Provider (ASP). The Company respect individual privacy and value the confidence of their customers, employees, business partners and others. The Company upholds the highest ethical standards in business practices. The Company shall not knowingly allow the property of a Customer to be used for any purpose other than the Customer’s processing, shall keep such Customer Proprietary Information confidential, and shall not disclose any such Customer Proprietary Information for any other purpose unless instructions are received in writing from an officer of the Customer. To help ensure and protect the confidentiality of a Customer’s business and to prevent unauthorized persons from gaining access to a Customer’s records, the Company shall adhere to best practice security procedures.

As an ASP, the Company has certain responsibilities for protecting the privacy of a Customer’s information including any personal information being maintained in a Customer’s files. Each Customer, as the collector and user of that information, has primary responsibility for the privacy of that information. The Safe Harbor Privacy Policy (the “Policy”) sets forth the privacy principles that the Company follows with respect to personal information transferred from the European Union (EU) to the United States.

SAFE HARBOR

The United States Department of Commerce and the European Commission have agreed on a set of data protection principles and frequently asked questions (the “Safe Harbor Principles”) to enable U.S. companies to satisfy the requirement under European Union law that adequate protection be given to personal information transferred from the EU to the United States. The EEA also has recognized the U.S. Safe Harbor as providing adequate data protection (OJ L 45, 15.2.2001, p. 47). Consistent with its commitment to protect personal privacy, the Company adheres to the Safe Harbor Principles.

EU COOKIES POLICY

Special notice to residents of the EU: our website may store cookies with personally identifying information about you or your computer. Such information is not stored or used in any way other than to assist you in navigating our website. If you do not wish our server to store cookies about your website visit, please navigate away from our website.

DEFINITIONS

For purposes of this Policy, the following definitions shall apply: “Personal information” means any information or set of information that identifies or is used by or on behalf of a Company to identify an individual. Personal information does not include information that is encoded or made anonymous, or publicly available information that has not been combined with non-public personal information.

“Sensitive personal information” means personal information that reveals race, ethnic origin, sexual orientation, political opinions, religious or philosophical beliefs, or trade union membership, or that concerns an individual’s health. In addition, the Company will treat as sensitive personal information any information received from a third party where that third party treats and identifies the information as sensitive.

PRIVACY PRINCIPLES

The privacy principles in this Policy are based on the Safe Harbor Principles.

NOTICE: Where the Company collect personal information directly from individuals in the EU, we will inform them about the type of personal information collected, the purposes for which we collect and use the personal information, and the types of non-agent third parties to which the Company disclose or may disclose that information, and the choices and means, if any, the Company offers individuals for limiting the use and disclosure of their personal information. Notice will be provided in clear and conspicuous language when individuals are first asked to provide personal information to the Company, or as soon as practicable thereafter, and in any event before the Company uses or discloses the information for a purpose other than that for which it was originally collected. Where the Company receive personal information from our subsidiaries, affiliates or other entities in the EU, we will use and disclose such information in accordance with the notices provided by such entities and the choices made by the individuals to whom such personal information relates.

CHOICE: the Company will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. For sensitive personal information, the Company will give individuals the opportunity to affirmatively and explicitly (opt-in) consent to the disclosure of the information to a non-agent third party or the use of the information for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. The Company will provide individuals with reasonable mechanisms to exercise their choices.

DATA INTEGRITY: the Company will use personal information only in ways that are compatible with the purposes for which it was collected or subsequently authorized by the individual. The Company will take reasonable steps to ensure that personal information is relevant to its intended use, accurate, complete, and current.

TRANSFERS TO AGENTS: the Company will obtain assurances from our agents that they will safeguard personal information consistently with this Policy. Examples of appropriate assurances that may be provided by agents include: a contract obligating the agent to provide at least the same level of protection as is required by the relevant Safe Harbor Principles, being subject to EU Directive 95/46/EC (the EU Data Protection Directive), Safe Harbor certification by the agent, or being subject to another European Commission adequacy finding. Where the Company becomes aware that an agent is using or disclosing personal information in a manner contrary to this Policy, the Company will take reasonable steps to prevent or stop the use or disclosure.

ACCESS AND CORRECTION: Upon request, the Company will grant individuals reasonable access to personal information that it holds about them. In addition, the Company will take reasonable steps to permit individuals to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete.

SECURITY: the Company will take reasonable precautions to protect personal information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction.

ENFORCEMENT: the Company will conduct compliance audits of our relevant privacy practices to verify adherence to this Policy. Employees will be properly trained to adhere to these principles. Any employee that the Company determines is in violation of this policy will be subject to disciplinary action, not limited to termination of employment. The Company are subject to the laws and regulations of the U.S. Federal Trade Commission.

DISPUTE RESOLUTION: Any questions or concerns regarding the use or disclosure of personal information should be directed to the Privacy Office of the Company at the address below. The Company will investigate and attempt to resolve complaints and disputes regarding use and disclosure of personal information in accordance with the principles contained in this Policy.

LIMITATION ON APPLICATION OF PRINCIPLES

Adherence by the Company to these Safe Harbor Principles may be limited

(a) to the extent required to respond to a legal or ethical obligation; and

(b) to the extent expressly permitted by an applicable law, rule or regulation.

CONTACT INFORMATION

Questions or comments regarding this Policy should be submitted in writing by postal mail as follows:

Attention: Erik Wolf, Executive Director

World Food Travel Association

4931 SW 76th Ave Suite 200

Portland, Oregon 97225 USA

Phone:    (+1) 503-213-3700

Email: help(at)worldfoodtravel(dot)org 

CHANGES TO THIS SAFE HARBOR PRIVACY POLICY

This Policy may be amended from time to time, consistent with the requirements of the Safe Harbor Principles.

8. CODE OF CONDUCT

The Site makes use of the internet to send and receive certain messages; therefore, your conduct is subject to internet regulations, policies, and procedures. You agree to abide by the following rules of conduct:

1. You must be 18 years of age or older to participate in the Site.
2. Only those who have registered may contribute to the Site.
3. You agree not to copy, modify, distribute, download, display, post, publish, license, create derivative works of, or otherwise transmit Site or e-mail message content in any form, except that Users may use the “E-mail a Friend” feature to e-mail a friend about the Site.
4. You agree not to use behavior that does not support a safe and comfortable environment for all Users, including, but not limited to, posting or transmitting any materials that are threatening, offensive, harmful, harassing, abusive, vulgar, hateful, defamatory, sexually explicit, inflammatory, profane (even if it is masked), [racially or ethnically objectionable,] religious or political, or any materials that encourage inappropriate or unlawful conduct.
5. You agree not to upload, store, process, post, transmit, distribute, or otherwise publish through the Site any materials which:
6. restrict or inhibit any other User from using the Site or contain a virus or other harmful component.
7. violate any local, state, federal, or international laws or give rise to civil liability.
8. violate or infringe any rights of third parties (including, but limited to, copyright, trademark, rights of privacy or publicity, such as defamation, or any other proprietary right).
9. violate these Terms or are not otherwise appropriate or pertinent to the purpose of the Site.
10. impose an unreasonable or disproportionately large load on the Site or otherwise interfere with the Site.
11. You agree not to use any trademarks, trade names, logos, or other identifying marks (“Marks”) of WFTA, its agencies, or any third party for any purpose including, without limitation, use as metatags on the Site or on other pages or sites on the World Wide Web without the written permission of WFTA, and, if applicable, the third party that owns the Marks.
12. You agree not use the Site for any unlawful purpose or activity including, without limitation:
13. chain letters, junk mail, spamming, or similar activities.
14. “spoofing” (using any means to disguise your online identity or alter original attribute information when sending e-mails or posting messages to the Site or impersonating WFTA, another User, or the Site Moderator).
15. Using or possessing programs to “crack” passwords or other internet security tools.
16. Attempting to circumvent established internet security measures.
17. Posting or transmitting any material that encourages conduct that could constitute a criminal offense, gives rise to civil liability, or otherwise violates any applicable local, state, national, or international law or regulation.
18. You agree not to interfere with another User’s use and enjoyment of the Site.
19. You agree not to post, transmit or otherwise provide any photos, hyperlinks, or other materials on the Site that do not comply with these Terms.

In internet spaces like this Site, where interaction occurs, it is recommended that you do not give out your personal information or use it for your screen name (this includes: your e-mail address, your real name, where you live, your phone number, and even such innocuous information as what baseball team you like or your favorite stores) to prevent the potential for exploitation.

Violations: You are solely responsible for the content of your transmissions through the Site. Should your conduct fail to conform with these Terms, we reserve the right to remove or edit any material that does not (in our sole judgment) comply with these Terms, revoke posting privileges, and/or ban you from accessing the Site at our sole discretion. Our decisions are considered final. If you see a post that violates these Terms in some way, please report it using the “Report Abuse” tool.

Although WFTA and/or its agencies may monitor postings and transmissions to the Site, it is not obligated to do so and will not be liable for any content on the Site. Neither WFTA nor its agents or agencies endorse any information posted on the Site.

9. HYPERLINKING

The site may provide a link to other web sites by allowing you to leave the site to access third-party material or by bringing the third-party material into the site via “inverse” hyperlinks and framing technology (a “linked site”). WFTA has no discretion to alter, update, or control the content on a linked site. The fact that WFTA has provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers. There are inherent risks in relying upon using or retrieving any information found on the internet, and WFTA urges you to make sure you understand these risks before relying upon, using, or retrieving any such information on a linked site.

WFTA does not permit users to add hypertext links to the site with the sole exception of inclusion in the users’ own personal profile.

10. NO WARRANTIES

All content, products, and third-party services on the site, or obtained from a website to which the site is linked (a “linked site”) are provided to you “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security, or accuracy.

WFTA does not endorse and is not responsible for (a) the accuracy or reliability of any opinion, advice, or statement made through the site, (b) any content provided on the site and any linked sites, or (c) the capabilities or reliability of any product or service obtained from the site or a linked site.

Other than as required under applicable consumer protection law, under no circumstance will WFTA or its agencies be liable for any loss or damage caused by your reliance on information obtained through the site or a linked site, or your reliance on any product or service obtained from the site or a linked site. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any opinion, advice, or other content available through the site or obtained from a linked site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.

11. LIMITATION OF LIABILITY FOR USE OF THE SITE AND LINKED SITES

The information, software, products, and descriptions of services published on the site or a linked site may include inaccuracies or typographical errors, and WFTA specifically disclaims any liability for such inaccuracies or errors. WFTA does not warrant or represent that the content on the site is complete or up-to-date. WFTA is under no obligation to update any content on the site. WFTA may change the content on the site at any time without notice. WFTA may make improvements or changes to the site at any time.

You agree that WFTA, its agencies and affiliates, and any of their respective officers, directors, employees, or agents will not be liable, whether in contract, tort, strict liability, or otherwise, for any indirect, punitive, special, consequential, incidental, or indirect damages (including without limitation lost profits, cost of procuring substitute service, or lost opportunity) arising out of or in connection with the use of the site or a linked site, or with the delay or inability to use the site or a linked site, even if WFTA is made aware of the possibility of such damages. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user’s equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems, or any force majeure. WFTA cannot and does not guarantee continuous, uninterrupted, or secure access to the site.

12. LIMITATION OF LIABILITY FOR GOODS AND SERVICES ARRANGED THROUGH THE SITE

Any and all claims regarding any failure or breach with respect to goods and services offered through the site are limited to claims against any and all such providers of goods and services. WFTA hereby disclaims any liability, whether based on contract, tort, strict liability, or otherwise, including, without limitation, liability for any direct, punitive, special, consequential, incidental, or indirect damages, in connection with the goods or services provided by any carrier or other supplier through the site, including, without limitation liability for any act, error, omission, injury, loss, accident, delay, or irregularity which may be incurred through the fault, negligent or otherwise, of such carrier or supplier, and you hereby exonerate WFTA from any liability with respect to the same. Any claims against the companies, their staffs or agents, are limited to the cost of the product or service in question.

13. INDEMNIFICATION

You agree to indemnify and hold WFTA, its agencies and their parents, subsidiaries, affiliates, officers, employees and contractors, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, the violation of these Terms by you or the infringement by you, or other user of the Site using your computer, of any intellectual property or other right of any person or entity.

14. TERMINATION

We shall not be liable to you or any third party for termination of the Site. Should you object to any Terms and Conditions of the Site or any subsequent modifications thereto or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site.

15. PARTICIPATION IN PROMOTIONS OF ADVERTISERS

You may enter into correspondence with or participate in promotions of advertisers, if any, showing their products on the Site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such correspondence or promotions, are solely between the corresponding User and the advertiser. WFTA assumes no liability, obligation, or responsibility for any part of any such correspondence or promotion.

16. USE OF “COOKIE” FILES

WFTA reserves the right to store information on a User’s computer in the form of a “cookie” or similar file for purposes of modifying the Site to reflect Users’ preferences. If you wish to disable cookies, you may do so yourself from your browser settings. The WFTA has no ability to disable cookie storage on your behalf.

17. DIGITAL MILLENNIUM COPYRIGHT ACT – NOTIFICATION TO WFTA REGARDING ALLEGED COPYRIGHT INFRINGEMENT

WFTA has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the “Act”) and avails itself of the protections under the Act. WFTA reserves the right to remove any Content on the Site which allegedly infringes another person’s copyright. Notices to WFTA regarding any alleged copyright infringement on the Site should be directed to our legal representation through the Contact Us form on this site.

18. LAWS

The Terms and Conditions shall be governed by and construed in accordance with the laws of the U.S. and its State of Oregon, excluding its conflict of law provisions. You and WFTA agree to submit to the exclusive jurisdiction of the courts of the state of Oregon. If any provision(s) of the Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

You and WFTA agree that any cause of action arising out of or related to the Site must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the Terms are solely used for the convenience of the parties and have no legal or contractual significance.

LEGAL CONSIDERATIONS

This agreement shall be governed, interpreted and enforced in accordance with the laws of the State of Oregon applicable to agreements made and to be performed in the State of Oregon Any claim or litigation arising out of this agreement or its performance may be maintained only in courts physically located in Multnomah County, Oregon and you and the Association hereby consent to the personal jurisdiction of such courts. This agreement constitutes our entire agreement with respect to the work, and supersedes any prior agreements. It may not be modified without prior written consent or each party.

You agree that electronic authorization, either by email or checking a check box, will serve as sufficient and legally binding agreement to the terms herein.

We reserve the right to update the terms at any time without notice (the latest terms will always be posted and available for your review online).

By signing in anywhere on the website (and subdomains), submitting a form anywhere on the website (and subdomains), clicking “I Agree” or checking a box to indicate that you agree with these Terms of Use, Conditions of Use, Disclaimer and Privacy Policy, you acknowledge that you have read, understood and accepted these terms and conditions. You also acknowledge that such electronic acceptance is sufficient and no additional signature or printed or electronic contract is required by you or your legal representative(s). All other terms and conditions of website membership and use still apply.