1. Services. The Site is intended to provide you with information regarding the upcoming Cincinnati Food and Wine Classic festival (the “Event”). You may download, use, and copy the materials found on the Site for your personal, noncommercial use only, provided that all copies that you make of the material must bear any copyright, trademark or other proprietary notice located on the site which pertain to the material being copied. Except as specifically provided in the previous sentence, you are not authorized to copy, distribute or otherwise use the materials on the Site. All rights are retained by CFWC and/or any third party owner of such rights.
2. Content; Disclaimer of Warranties; Limitation of Liability. We are not responsible and shall not be liable for the information, listings or advertisements contained on the Site or on any third party site to which the Site may provide a link. We endeavor to ensure that all information on the site is accurate; however, program information, advertisements or other content displayed on the Site may include inaccuracies or typographical errors despite our efforts to eliminate them. The information and materials on the Site are provided to you free of charge, “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
WE SHALL NOT BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES, LOSSES, COSTS OR EXPENSES OF ANY KIND OR ANY LOST OR IMPUTED PROFITS ARISING OUT OF OR RELATED TO THE USE OF THE SITE, THE SERVICES OR THE EVENT, HOWEVER CAUSED, AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER THEORY OF LIABILITY REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, COSTS OR EXPENSES. YOU WAIVE ANY CLAIM THAT THESE EXCLUSIONS DEPRIVE YOU OF AN ADEQUATE REMEDY. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CFWC EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID CFWC, IF ANY, IN THE PAST SIX MONTHS FOR GOODS OR SERVICES PROVIDED BY CFWC.
3. Third Party Content. The Site may now or in the future provide a public forum area or blog where individuals not associated with CFWC may post content. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted via on the Site or endorse any opinions expressed thereon. All such content is the sole responsibility of the person who originated such content. We may not monitor or control the content posted via on the Site and we shall not be liable for such content. Any use or reliance on any content or materials on the Site is at your own risk.
If you post content to the Site (“Your Content”), then as between you and CFWC, you retain ownership as to Your Content, however, by submitting, posting or displaying Your Content on the Site, you grant us a worldwide, irrevocable, perpetual, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute Your Content in any and all media or distribution methods (now known or later developed). You warrant that Your Content shall not include any Prohibited Content (defined below). “Prohibited Content” means any material, including textual, audio or visual material, which is illegal, violent, offensive, hateful, pornographic, or discriminatory or which contains nudity, depictions violent or sexual material. Prohibited Content also includes material that allegedly infringes upon the intellectual property or privacy rights of any third party or that is defamatory or libelous. You are solely responsible for Your Content. We are not responsible for Your Content; however, we do reserve the right to delete, move or edit submissions that we, in our sole discretion, deem to contain Prohibited Content or that we otherwise deem to be unacceptable. Also, we may from time to time request confirmation of the copyright or trademark ownership from you for Your Content.
4. Our Intellectual Property and Feedback. This Agreement does not grant you any right, title, or interest in the Site or the Service or in any information or materials made available to you hereunder. This Agreement does not grant you any rights to use our trademarks, logos, domain names, or other brand features. Additionally, while we appreciate it when users send us feedback, please be aware that we may use any such feedback, comments, or suggestions without any obligation to you. Any such unsolicited ideas automatically become our property. By submitting unsolicited ideas to us, you automatically forfeit your right to the intellectual property of these ideas.
5. Infringement Claims. We respect the intellectual property rights of third parties and require that you do as well. We will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us. Such notices should be reported using our DMCA Process [Note: Make this a hyperlink to the text at the bottom of the Terms]. We reserve the right to delete or disable any content alleged to be infringing. Our designated agent for notice of alleged copyright infringement on the Services is:
ATTN: Copyright Agent
Cincinnati Food & Wine Classic, LLC.
18 W. Seventh Street
Cincinnati, Ohio 45202
6. Third Party Content and Web Sites. Our Site and/or the Service may contain links to third-party websites or resources. We do not endorse and are not responsible or liable for the availability, accuracy, content, products, or services advertised on or available through such sites. You are solely responsible for your use of any such websites or resources.
7. Indemnification. You agree to indemnify, defend, and hold harmless, us and our affiliates, officers, directors, owners, employees, and agents from and against any and all third party claims, liabilities, losses, damages, injuries or expenses (including reasonable attorneys’ fees) directly or indirectly arising from or relating to (i) your breach of any provision of this Agreement, (ii) your violation of any applicable law or regulation, or (iii) the alleged violation or infringement of any intellectual property or privacy rights of any third-party claimed in connection with Your Content or any other materials provided by you hereunder.
a. Representations and Warranties. You represent and warrant that: (i) you have all necessary right, power and authority to enter into this Agreement and (ii) the performance of this Agreement shall not infringe upon or violate the Intellectual Property or privacy rights of any third party.
b. Jurisdiction and Governing Law. You consent to the personal jurisdiction of the state and federal courts located in Ohio and agree that any claim against us shall be brought in the state or federal courts located in Hamilton County, Ohio. The rights and obligations of the parties under this Agreement shall be governed by and construed under the laws of the State of Ohio without reference to conflict of law principles.
c. Amendments. We reserve the right to modify the terms and conditions of this Agreement. You are responsible for regularly reviewing this Agreement. Continued use of the Site or the Service after any such modification to the terms of the Agreement shall constitute your consent to such changes.
d. Entire Agreement. This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter hereof, and merges and supersedes all prior discussions and writings between them with respect to the contents of this Agreement or the Service provided hereunder. If any provision (or part thereof) of this Agreement is determined by a court of competent jurisdiction as part of a final non-appealable ruling, government action or binding arbitration, to be invalid, illegal, or otherwise unenforceable, such provision shall be enforced as nearly as possible in accordance with the stated intention of the parties, while the remainder of this Agreement shall remain in full force and effect and bind the parties according to its terms.
Last Modified: June 19, 2014
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to the Designated Copyright Agent for Cincinnati Food & Wine Classic, LLC. Upon receipt of Notice as described below, we will take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged content from our web site.
DMCA Notice of Alleged Infringement (“Notice”)
1. Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
2. Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found.
3. Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice:
a) “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
b) “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
5. Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to the Designated Copyright Agent for Cincinnati Food & Wine Classic, LLC. 18 W. Seventh Street, Cincinnati, Ohio 45202.