THE CONSUMER GOODS FORUM WEBSITE TERMS OF SERVICE These terms apply to your use of The Consumer Goods Forum website on which they are posted, and are effective March 2012. Personal and Non-commercial Use. This Site is operated on behalf of The Consumer Goods Forum for its members’ information, education, and communication. Please feel free to browse the Site. You may download material displayed on the Site provided that you also retain all copyright and other proprietary notices contained in the materials. You may not distribute, modify, transmit, reuse, re-post, or use the content of the Site, including the text, images, audio, or video, for public or commercial purposes, except as authorised in writing by The Consumer Goods Forum. Acceptance of Terms. These Terms constitute a binding agreement between you and The Consumer Goods Forum, and are accepted by you upon your use of the Site and the creation of your log-in ID. Change of Terms. The Consumer Goods Forum may at any time revise these Terms by updating this posting and may also make changes to the content, links or functionality of the Site at any time. You are bound by any revisions and should periodically visit this page to review the applicable Terms. Infringement Claims. The Consumer Goods Forum investigates notices of alleged infringement and takes appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c) ("DMCA"). The Consumer Goods Forum’s Designated Agent to receive notifications of claimed copyright infringement is: By Mail: ____________________ ____________________ ____________________ ____________________ By Email: ________________________ FOR INQUIRIES NOT REGARDING INFRINGEMENT CLAIMS, CLICK HERE. Your notice of claimed infringement must include: (a) physical or electronic signature of the copyright owner of authorised agent; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing and that is to be removed from the site, as well as information reasonably sufficient to permit us to locate the material; (d) Information reasonably sufficient to permit us to contact the copyright owner, such as an address, telephone number, and, if available, an electronic mail address; (e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or applicable law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the copyright owner. For more details on the information required for valid notification see 17 U.S.C. 512(c)(3). Under the DCMA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys fees. Copyright Protection. Assume that everything you see or read on the Site is protected by copyright unless otherwise noted and may not be used except as expressly provided in these Terms and Conditions without The Consumer Goods Forum’s prior written permission. The 1 Consumer Goods Forum neither warrants nor represents that your use of materials displayed on the Site will not infringe the rights of third parties not owned by or affiliated with The Consumer Goods Forum. No Representations. The Consumer Goods Forum uses reasonable efforts to include accurate and up to date information in the Site; however, The Consumer Goods Forum makes no warranties or representations as to its accuracy. The Consumer Goods Forum assumes no liability or responsibility for any errors or omissions in the content of the Site. Assumption of Risk. Your use of the Site is at your own risk. The Consumer Goods Forum makes no representations about the reliability of the features of this Site, content, User Content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. The Consumer Goods Forum makes no representations regarding the amount of time that any content or User Content will be preserved. The Consumer Goods Forum does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by The Consumer Goods Forum without the prior review and written approval of The Consumer Goods Forum. Limitation of Liability. Neither The Consumer Goods Forum nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to or use of the Site. Without limiting the foregoing, everything on the Site is provided to you "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 NONINFRINGEMENT. The Consumer Goods Forum also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site. Use of Information. Subject to The Consumer Goods Forum’s privacy policy applicable to the Site, anything you transmit or post may be used by The Consumer Goods Forum or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. No Unauthorized Use of Images. Images of people or places displayed on the Site are either the property of, or used with permission by, The Consumer Goods Forum. The use of these images by you, or anyone else authorised by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorised use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Trademarks. The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site are registered and unregistered Trademarks used by The Consumer Goods Forum, or other third parties. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of The Consumer Goods Forum or such third party that may own the Trademarks displayed on the Site. Your use of the Trademarks or any other content on the Site is strictly prohibited, except as specifically authorised in these Terms and Conditions. Links. The Consumer Goods Forum has not reviewed all of the sites linked to the Site and is not responsible for the content of any off-site pages or links to any other sites. Viewing all other sites is at your own risk. 2 Postings. The Consumer Goods Forum is under no obligation to monitor any posting or transmission to or about the Site and assumes no responsibility or liability arising from the content of any such posting or transmission ("User Content") nor for any error, defamation, libel, slander, omission, falsehood, obscenity, profanity, danger, or inaccuracy contained therein or related thereto. You are prohibited from: (1) posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, profane, racist, infringing, or otherwise objectionable or inappropriate, as determined by The Consumer Goods Forum; (2) posting any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; (3) violating the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; impersonating any person or organisation, including without limitation, the personnel of The Consumer Goods Forum, or misrepresenting an affiliation with another person or organisation; (4) posting any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or feature of the Site. The Consumer Goods Forum may cancel your account and delete all User Content associated with your account at any time, without notice, if The Consumer Goods Forum deems that you have violated these Terms, the law, or for any other reason. The Consumer Goods Forum assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site or a user account. The Consumer Goods Forum will fully cooperate with any law enforcement authorities or court order requesting or directing The Consumer Goods Forum to disclose the identity of anyone posting any such information or materials. License to User Content. By displaying, publishing, or otherwise posting any User Content on or through the Site, you hereby grant to The Consumer Goods Forum a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, in video or music software computer programs. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein ("User Content License"). You represent and warrant that you own the content submitted, displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and that our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity. Indemnification. You agree to indemnify and hold The Consumer Goods Forum, its members, officers, employees, and website developers and contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys' fees and costs, related to your violation of these Terms, including Postings, or any violations which arise from the use of User Content you submitted, posted, or otherwise provided to The Consumer Goods Forum or this Site. Export Controls. Software from this Site may be subject to United States Export Controls. No software from this Site may be downloaded or exported into or to a national or resident of any country to which the United States has embargoed goods; or anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. 3 No Partnership. Both you and The Consumer Goods Forum acknowledge and agree that no partnership is formed and neither of you nor The Consumer Goods Forum has the power or the authority to obligate or bind the other. Governing Law. This Agreement will be governed by and construed in accordance with the internal laws of the State of New York without regard to conflicts of laws principles. By using this site, you hereby agree that any and all disputes regarding these Terms will be subject to the federal, state and local courts in Westchester County, New York. These Terms operate to the fullest extent permissible by law. No Waiver. The failure of The Consumer Goods Forum to comply with the Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of The Consumer Goods Forum, shall not be deemed a breach of these Terms. If The Consumer Goods Forum fails to act with respect to your breach or anyone else's breach on any occasion, The Consumer Goods Forum is not waiving its right to act with respect to future or similar breaches. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. 4
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