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Terms and Conditions

FoodAndBeveragePeople.com Terms of Use – Updated:  August 1, 2011

 

Terms
FoodAndBeveragePeople.com is a division of Food And Beverage People Media Group, LLC.  The following information contains the Terms of Use (“Terms”) that govern the use of our media including http://www.foodandbeveragepeople.com , News Kernels, social networking and related e-mail services (“Our Services”). 

Please read these rules carefully.  Use of Our Services indicates you are agreeing to all of the terms and conditions set forth below.  If you do not agree or cannot comply with the following in its entirety, please do not use Our Services.  Rules governing these Terms may change.  Each time you use our services, the current version of the Terms apply.  The current Terms will be available at http://www.foodandbeveragepeople.com/useragreement .  Use of this website also indicates that you agree with our Privacy Policy.  Please review the policy at http://www.foodandbeveragepeople.com/cm/privacy .
Our Services include news gathering, information dissemination, employer job posting and candidate matching.  Registered employers and job seekers may post information about their company or their experiences on their company profile (employers) or personal profile (candidates).   By registering as an employer or candidate, you agree and represent the following.  

• All information provided by you within the registration and profile is current and accurate.  
• You have authority over any and all information provided (including, but not limited to content within the job detail and job posting fields).   
• It is your sole responsibility to maintain and protect your log-in id, password and registration data. 
• You understand and accept that any attempt to sub-license or assign your registration information shall be considered a material breach of these Terms and Agreement. 

From time to time, we may report on registered user information in aggregate and for statistical purposes.   Individual data is not shared without permission.  Please reference our Privacy Policy for additional details.

 

User Eligibility
If you are 13 years of age or older, you are welcome to view our site.  If you are under the age of 18 (or the age of majority as defined by Your jurisdiction) you may use the services requiring registration, but ONLY under the supervision of a parent, legal guardian or authorized teacher.  By registering for Our Services, you are expressly indicating that you will use the site in a manner that is consistent with all pertinent laws and regulations, including, but not limited to labor laws which exist within Your jurisdiction. 
DO NOT USE OUR SERVICES TO SEEK EMPLOYMENT UNLESS YOU ARE LEGALLY ABLE TO WORK. 
DO NOT USE OUR SERVICES TO SEEK CANDIDATES WHO FALL OUTSIDE OF THE LABOR LAWS WITHIN YOUR JURISDICTION. 

 

Content
Our services and related Contents are protected by U.S. and international copyright laws.  All published materials including text, photographs, videos and images (known as “Content”) are owned and controlled by Food and Beverage People, LLC except in the case where authorized 3rd-party content is presented. 
You may not reproduce, modify, publish, transmit (through transfer or sale) or in any way exploit any of the Content in its entirety or in part, without the expressed permission of Food and Beverage People, LLC. 

 

Copyright Complaints
We ask all content providers, compensated and non-compensated to respect the intellectual property of others.  This includes staff, registered users and non-registered users. 
If you believe your copyright work has been copied, infringed and made accessible through Our Services, you may submit a notification pursuant to Title 17, The Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. sec 512.  The submission should include:

1. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. 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 Service Provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number and, if available, an electronic mail (E-mail) address. 
5. A statement that the complaining party has 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
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Food And Beverage People Media Group, LLC and FoodAndBeveragePeople.com has designated Mark L. Cohen, CFO as its copyright agent. (admin@foodandbeveragepeople.com).  Please send DMCA notices only to the designated copyright agent.  You acknowledge that if you fail to comply with all of the requirements of this Copyright Complaints Section, your DMCA notice may not be valid.  Non-DMCA comments and requests can be sent to the Publisher, gigi@foodandbeveragepeople.com . 

 

Indemnification
You agree to indemnify Food And Beverage People Media Group, LLC, FoodAndBeveragePeople.com,  and its affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless from any and all claims and liabilities, including attorney fees, which may arise from your submissions, from your unauthorized use of material obtained through Our Services, or from your breach of this Agreement, or from any such acts through your use of Our Services.

 

Content Modification
Food And Beverage People Media Group, LLC and its FoodAndBeveragePeople.com division, reserves the right, but does not assume responsibility, to review, edit, move or delete any material provided for display or intended for Our Services, at its sole discretion and without notice. 

 

No Warranty
YOU ACKNOWLEDGE THAT YOU ARE USING OUR SERVICES AT YOUR OWN RISK. OUR SERVICES ARE PROVIDED "AS IS", AND THE SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE WEBSITE. SERVICE PROVIDER, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE WEBSITE.

 

Limitation of Liability
SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF THE WEBSITE HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, YOUR USE OF OR RELIANCE ON THE WEBSITE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
YOU HEREBY AGREE TO RELEASE SERVICE PROVIDER, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR".

 

Termination or Suspension of Service
Food and Beverage People Media Group, LLC RESERVES THE RIGHT TO TERMINATE AND/OR SUSPEND YOUR ACCESS to Our Services, or a portion of Our Services, for any or no reason and without notice. 

 

Jurisdiction
Food And Beverage People Media Group, LLC make no representation that our content and Our Services are appropriate, available or legal in any particular location.  Those who use Our Services do so independently and are responsible for compliance with local laws.  You agree that these Terms, for all purposes, shall be construed and enforced in accordance with New Jersey State laws; applicable to contracts to be wholly performed therein, and any action based on, relating to, or alleging a breach of these Terms must be brought in a state or federal court in New Jersey.