These terms ("Terms") govern participation in the Global
Coalition for Sustained Excellence in Food & Health Protection of Amiri Food
Industry Support Services otherwise known as GCSE- Food & Health Protection.
Participation in the coalition includes the use of GCSE- Food & Health
Protection logos (“Logos”), access, use and postings to GCSE- Food & Health
Protection or partner web sites (“Web Sites”), and any information, text,
graphics, photos, logos, manuals or other materials uploaded, downloaded,
appearing on these Web Sites or in print (collectively referred to as
"Content"). All Content is subject to the GCSE-Food & Health Protection
copyright policy. Your access to and use of the Logos, Web Sites and/or Content
is conditioned on your acceptance of and compliance with these Terms. By
accessing or using the Logos, Web Sites and/or Content you agree to be bound by
these Terms.
You are responsible for your use of the Web Sites, for any
Content you submit for posting, and for any consequences thereof. The Content
you submit, for posting, or display will be able to be viewed by other users of
the worldwide web. You should only provide Content that you are comfortable
sharing with others worldwide under these Terms.
Your Content may be viewed all around the world instantly.
You may use the Web Sites only if you are not a person barred under the laws of
Canada, the United States or applicable jurisdictions. You may use the Web Sites
and/or Logos only in compliance with these Terms and all applicable local,
state, national, and international laws, rules and regulations.
The form and nature of the Web Sites and/or Logos may
change from time to time without prior notice to you. In addition, the Web Sites
may stop (permanently or temporarily) providing any features within the Web
Sites to you or to users generally and may not be able to provide you with prior
notice. We also retain the right to create limits on use and storage at our sole
discretion at any time without prior notice to you.
The Web Sites may include advertisements, which may be
targeted to the Content or information on the Web Sites, queries made through
the Web Sites, or other information. The types and extent of advertising on the
Web Sites are subject to change. In consideration for being granted access to
use the Web Sites, you agree that GCSE- Food & Health Protection, its
partners and/or third party providers may place such advertising on the Web
Sites or in connection with the display of Content or information from the Web
Sites whether submitted by you or others.
Members
may use the GCSE- Food & Health Protection logos, certificates and insignia
as they wish. However, such use does not constitute endorsement by GCSE- Food
& Health Protection or its partners of the users, their work, products,
services, or any claims made by the users.
All Content, whether publicly posted or privately
transmitted, is the sole responsibility of the person who originated such
Content. We do not take responsibility for such Content. Any use or reliance on
any Content or materials posted via the Web Sites or obtained by you through the
Web Sites is at your own risk.
We do not endorse, support, represent or guarantee the
completeness, truthfulness, accuracy, or reliability of any Content or
communications posted via the Web Sites or endorse any opinions expressed via
the Web Sites. Every effort will be made to prevent the posting of Content that
may be offensive, harmful, inaccurate or otherwise inappropriate, or in some
cases, postings that have been mislabelled or are otherwise deceptive. You
understand that by using the Web Sites, you may be exposed to such
Content. Under no circumstances will GCSE- Food & Health
Protection or its partners be liable in any way for any Content, including, but
not limited to, any errors or omissions in any Content, or any loss or damage of
any kind incurred as a result of the use of any Content posted, emailed,
transmitted or otherwise made available via the Web Sites or broadcast
elsewhere.
We reserve the right at all times (but will not have an
obligation) to remove or refuse to distribute any Content on the Web Sites and
to terminate users. Please review the GCSE- Food & Health Protection Rules
(which are part of these Terms) to better understand what is prohibited. We also
reserve the right to access, read, preserve, and disclose any information as we
reasonably believe is necessary to (i) satisfy any applicable law, regulation,
legal process or governmental request, (ii) enforce the Terms, including
investigation of potential violations hereof, (iii) detect, prevent, or
otherwise address fraud, security or technical issues, (iv) respond to user
support requests, or (v) protect the rights, property or safety of GCSE- Food
& Health Protection, its users and the public.
GCSE- Food & Health Protection does not disclose
personally identifying information to third parties except in accordance with
our Privacy Policy.
Except
as permitted under these Terms, you may not do any of the following while
accessing or using the Web Sites: (i) access, tamper with, or use non-public
areas of the Web Sites, GCSE- Food & Health Protection’s computer systems,
or the technical delivery systems of GCSE- Food & Health Protection’s
providers; (ii) probe, scan, or test the vulnerability of any system or network
or breach or circumvent any security or authentication measures; (iii) access or
search or attempt to access or search the Web Sites by any means (automated or
otherwise) other than through our currently available, published interfaces that
are provided by GCSE- Food & Health Protection (and only pursuant to those
terms and conditions), unless you have been specifically allowed to do so in a
separate agreement with GCSE- Food & Health Protection.
(iv) forge information in any email or posting, or in any way use the Web
Sites to send altered, deceptive or false source-identifying information; or (v)
interfere with, or disrupt, (or attempt to do so), the access of any user, host
or network, including, without limitation, sending a virus, overloading,
flooding, spamming, mail-bombing the Web Sites, or by scripting the creation of
Content in such a manner as to interfere with or create an undue burden on the
Web Sites.
All
rights reserved. No GCSE-Food & Health Protection Content may be transmitted
or reproduced in any form (including photocopying, storage in any medium, or by
electronic means) without the written permission of the copyright owner.
Application for permission should be addressed to the contact details
below.
GCSE- Food & Health Protection also respects the
intellectual property rights of others and expects users of the Web Sites to do
the same. We will respond to notices of alleged copyright infringement that
comply with applicable law and are properly provided to us. If you believe that
your Content has been copied in a way that constitutes copyright infringement,
please provide us with the following information: (i) a physical or electronic
signature of the copyright owner or a person authorized to act on their behalf;
(ii) identification of the copyrighted work claimed to have been infringed;
(iii) identification of the material that is claimed to be infringing or to be
the subject of infringing activity and that is to be removed or access to which
is to be disabled, and information reasonably sufficient to permit us to locate
the material; (iv) your contact information, including your address, telephone
number, and an email address; (v) a statement by you that you have a good faith
belief that use of the material in the manner complained of is not authorized by
the copyright owner, its agent, or the law; and (vi) a statement that the
information in the notification is accurate, and, under penalty of perjury, that
you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be
infringing without prior notice and at our sole discretion. In appropriate
circumstances, GCSE- Food & Health Protection will also terminate the
membership of the user if the user is determined to be a repeat infringer. Our
designated copyright agent is:
Attn: Copyright Agent
Amiri Food Industry Support Services
771 Waterloo St., Mount Forest,
Ontario, Canada, N0G 2L3
Email: afiss@afisservices.com
Your access to and use of the Web Sites or any Content is
at your own risk. You understand and agree that the Web Sites are provided to
you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing,
GCSE- Food & Health Protection and its partners disclaim any warranties,
express or implied, of merchantability, fitness for a particular purpose, or
non-infringement. We make no warranty and disclaim all responsibility and
liability for the completeness, accuracy, availability, timeliness, security or
reliability of the Web Sites or any content thereon. GCSE- Food & Health
Protection or its partners will not be responsible or liable for any harm to
your computer system, loss of data, or other harm that results from your access
to or use of the Web Sites, or any Content. You also agree that GCSE- Food &
Health Protection has no responsibility or liability for the deletion of, or the
failure to store or to transmit, any Content and other communications maintained
by the Web Sites. We make no warranty that the Web Sites will meet your
requirements or be available on an uninterrupted, secure, or error-free basis.
No advice or information, whether oral or written, obtained from GCSE- Food
& Health Protection or through the Web Sites, will create any warranty not
expressly made herein.
The Web Sites may contain links to third-party websites or
resources. You acknowledge and agree that we are not responsible or liable for:
(i) the availability or accuracy of such websites or resources; or (ii) the
content, products, or Web Sites on or available from such websites or resources.
Links to such websites or resources do not imply any endorsement by GCSE- Food
& Health Protection of such websites or resources or the content, products,
or Web Sites available from such websites or resources. You acknowledge sole
responsibility for and assume all risk arising from your use of any such
websites or resources.
Any information that you submit is subject to our Privacy
Policy, which governs our collection and use of your information. You understand
that through your use of the Web Sites you consent to the collection, processing
and use (as set forth in this Privacy Policy) of this information by GCSE- Food
& Health Protection and affiliate Web Sites, including the transfer of this
information to the legal and regulatory agencies in all applicable jurisdictions
for storage. As part of providing you access to the Web Sites and Logos, we may
need to provide you with certain communications, such as service announcements
and administrative messages. These communications are considered part of your
GCSE- Food & Health Protection participation, which you may not be able to
opt-out from receiving. However, you may opt-out of participating in GCSE- Food
& Health Protection and most communications by notifying the GCSE- Food
& Health Protection administration through the appropriate notification
avenues provided.
Where user name and password are required for access to the
Web Sites, you are responsible for safeguarding the user name and password that
you use to access the Web Sites and for any activities or actions under your
password.
Where applicable, we encourage you to use "strong"
passwords (passwords that use a combination of upper and lower case letters,
numbers and symbols). GCSE- Food & Health Protection or its partners cannot
and will not be liable for any loss or damage arising from your failure to
comply with the above requirements.
You retain your rights to any Content you submit, post or
display on or through the Web Sites. By submitting, posting or displaying
Content on or through the Web Sites, you grant us a worldwide, non-exclusive,
royalty-free license (with the right to sublicense) to use, copy, reproduce,
process, adapt, modify, publish, transmit, display and distribute such Content
in any and all media or distribution methods (now known or later
developed).
This license is you authorizing GCSE- Food & Health
Protection and/or its partners to make your postings available to the rest of
the world and to let others do the same. You agree that this license includes
the right for GCSE- Food & Health Protection and/or its partners to make
such Content available to other organisations, organisations or individuals who
partner with GCSE- Food & Health Protection for the syndication, broadcast,
distribution or publication of such Content on other media and Web Sites,
subject to our terms and conditions for such Content use.
Such uses by GCSE- Food & Health Protection, or other
organisations, organisations or individuals who partner with GCSE- Food &
Health Protection, may be made with no compensation paid to you with respect to
the Content that you submit, post, transmit or otherwise make available through
the Web Sites.
We may modify or adapt your Content in order to transmit,
display or distribute it over computer networks and in various media and/or make
changes to your Content as are necessary to conform and adapt that Content to
any requirements or limitations of any networks, devices, Web Sites or
media.
You are responsible for your use of the Web Sites, for any
Content you provide, and for any consequences thereof, including the use of your
Content by other users and our third party partners. You understand that your
Content may be rebroadcasted by our partners and if you do not have the right to
submit Content for such use, it may subject you to liability. GCSE- Food &
Health Protection or its partners will not be responsible or liable for any use
of your Content by GCSE- Food & Health Protection and/or its partners in
accordance with these Terms. You represent and warrant that you have all the
rights, power and authority necessary to grant the rights granted herein to any
Content that you submit.
GCSE- Food & Health Protection gives you a personal,
worldwide, royalty-free, non-assignable and non-exclusive license to use the
information and postings that are provided to you by GCSE- Food & Health
Protection on its Web Sites. This license is for the sole purpose of enabling
you to use and enjoy the benefit of the Web Sites as provided by GCSE- Food
& Health Protection, in the manner permitted by these Terms.
All rights, titles, and interests in and to the Web Sites
(excluding Content provided by users) are and will remain the exclusive property
of GCSE- Food & Health Protection and its licensors. The Web Sites are
protected by copyright, trademark, and other laws of Canada or applicable
international laws. Nothing in the Terms gives you a right to use the GCSE- Food
& Health Protection name or any of the GCSE- Food & Health Protection
trademarks, logos, domain names, and other distinctive brand features. Any
feedback, comments, or suggestions you may provide regarding GCSE- Food &
Health Protection, or the Web Sites is entirely voluntary and we will be free to
use such feedback, comments or suggestions as we see fit and without any
obligation to you.
To the maximum extent permitted by applicable law, GCSE-
Food & Health Protection and its partners, officers, employees, agents,
volunteers and licensors will not be liable for any direct, indirect,
incidental, special, consequential or punitive damages, including without
limitation, loss of profits, data, use, good-will, or other losses, resulting
from (i) your access to or use of or inability to access or use the Web Sites
and/or Logos; (ii) any conduct or Content of any third party on the Web Sites,
including without limitation, any defamatory, offensive or illegal conduct of
other users or third parties; (iii) any Content obtained from the Web Sites; and
(iv) unauthorized access, use or alteration of your transmissions or Content,
whether based on warranty, contract, tort (including negligence) or any other
legal theory, whether or not GCSE- Food & Health Protection has been
informed of the possibility of such damage, and even if a remedy set forth
herein is found to have failed of its essential purpose.
The failure of GCSE- Food & Health Protection to
enforce any right or provision of these Terms will not be deemed a waiver of
such right or provision. In the event that any provision of these Terms is held
to be invalid or unenforceable, the remaining provisions of these Terms will
remain in full force and effect.
These Terms and any action related thereto will be governed
by the laws of the Province of Ontario, Canada without regard to or application
of any conflict of law provisions of your province, state or country of
residence. All claims, legal proceedings or litigation arising in connection
with the Web Sites will be brought solely in North Wellington County, Ontario,
Canada and you consent to the jurisdiction of and venue in such courts and waive
any objection as to inconvenient forum.
If you are accepting these Terms on behalf of an entity
that is legally unable to accept the controlling law, jurisdiction or venue
clauses above, these Terms and any action related thereto will be governed by
the laws of Canada and/or applicable international law (without reference to
conflict of laws).
These Terms, the GCSE- Food & Health Protection Rules
and our Privacy Policy are the entire and exclusive agreement between GCSE- Food
& Health Protection and you regarding the Web Sites (excluding any Web Sites
for which you have a separate agreement with GCSE- Food & Health Protection
that is explicitly in addition or in place of these Terms), and these Terms
supersede and replace any prior agreements between GCSE- Food & Health
Protection and you regarding the Web Sites. Other than GCSE- Food & Health
Protection and its legal partners, no other person or organisation will be third
party beneficiaries to these Terms.
We may revise these Terms from time to time. By continuing
to access or use the Web Sites after those revisions become effective, you agree
to be bound by the revised Terms.
These Web Sites are operated and provided by GCSE- Food
& Health Protection of Amiri Food Industry Support Services, 771 Waterloo
St., Mount Forest, Ontario, Canada, N0G 2L3. If you have any questions about
these Terms, please contact us.
Effective: July 01, 2011
.
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