Terms of Use

Agreement Between User and VizionForce

The National Geographic Foods of the World Web Site ("Web site") is comprised of various web pages operated by VizionForce, Inc. ("VizionForce"), under license from the National Geographic Society (“National Geographic”).

The Web site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Web site constitutes your agreement to all such terms, conditions, and notices. Please review the Web site’s privacy policy, which also governs your use of this Web site, to understand our practices.

The Web site is offered to users who are 18 years of age or older. All product sales facilitated by the Web site are restricted to individuals who are at least 18 years of age.

Products available on the Web site are to be delivered only to locations where applicable law(s) permit.

Modification of These Terms of Use

VizionForce reserves the right to change the terms, conditions, and notices under which the Web site is offered, including but not limited to any charges associated with the use of the Web site. It is your responsibility to review the terms of use regularly. Your continued access or use of the Web site after such changes indicates your acceptance of the terms of use as modified. The terms of use were last updated on February 1, 2008.

Links to Third-Party Sites

The Web site may contain links to other web sites ("Linked Sites"). The Linked Sites are not under the control of VizionForce and VizionForce is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. VizionForce is not responsible for webcasting or any other form of transmission received from any Linked Site. VizionForce is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by VizionForce or National Geographic of the site or any association with its operators.

No Unlawful or Prohibited Use

As a condition of your use of the Web site, you warrant to VizionForce that you will not use the Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Web site in any manner which could damage, disable, overburden, or impair the Web site or interfere with any other party's use and enjoyment of the Web site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Web site.

Use of Communication Services

The Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.

VizionForce has no obligation to monitor the Communication Services. However, VizionForce reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. VizionForce reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

VizionForce reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, VizionForce's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. VizionForce does not control or endorse the content, messages or information found in any Communication Service and, therefore, VizionForce specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized VizionForce or National Geographic spokespersons, and their views do not necessarily reflect those of VizionForce or National Geographic.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Materials Provided to the Web Site or Posted at any VizionForce Web Site

VizionForce and National Geographic do not claim ownership of the materials you provide to the Web Site (including feedback and suggestions) or post, upload, input or submit to any VizionForce web site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting VizionForce, National Geographic, and each of their affiliated companies, licensees, distributors, representatives and other authorized users a non-exclusive, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable worldwide right and license to use your Submission in any medium now existing or subsequently developed, including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate, reformat and otherwise use your Submission, in whole or in part, for any and all purposes including, without limitation, trade or commercial, promotional, advertising or editorial purposes, without further review or participation by you, and without any payment to you or any other person, and to publish your name in connection with your Submission (but without obligation to publish your name).

No compensation will be paid with respect to the use of your Submission, as provided herein. VizionForce is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in VizionForce's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. VIZIONFORCE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

VIZIONFORCE AND/OR ITS SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. VIZIONFORCE AND/OR ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VIZIONFORCE AND/OR ITS SUPPLIERS AND/OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEB SITE, WITH THE DELAY OR INABILITY TO USE THE WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF VIZIONFORCE OR ANY OF ITS SUPPLIERS OR LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE.

SERVICE CONTACT : info@NationalGeographicFood.com

Termination/Access Restriction

VizionForce reserves the right, in its sole discretion, to terminate your access to the Web site and the related services or any portion thereof at any time, without notice.

Indemnification

You agree to indemnify, defend, and hold harmless VizionForce and National Geographic, their affiliates and partners, and their respective officers, directors, employees, agents, members, suppliers, licensors and representatives from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms of use. VizionForce and National Geographic reserve the right to assume, at their sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with VizionForce and National Geographic in asserting any available defenses.

General

Any and all disputes, with the exception of copyright claims, arising out of, under or in connection with this agreement, including without limitation, its validity, interpretation, performance, and breach, shall be settled by final and binding arbitration in Washington, D.C., pursuant to the rules of the American Arbitration Association. Judgment upon any award rendered may be entered in the highest court of the forum, state or federal, having jurisdiction. This agreement, its validity and effect, shall be interpreted under and governed by the laws of the District of Columbia, without regard to its conflict of laws provisions, and you agree that the arbitrators shall award all costs of arbitration, including reasonable attorneys’ fees plus legal rate-of-interest, to the successful party. Copyright claims shall be brought in the Federal court having jurisdiction. If you are a citizen or resident of a country other than the U.S., you expressly agree that any dispute regarding this contract shall be adjudicated within the U.S. in the manner described here. Use of the Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and VizionForce (or National Geographic) as a result of this agreement or use of the Web site. VizionForce's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of VizionForce's or National Geographic’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Web site or information provided to or gathered by VizionForce with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement and any other operating rules or terms currently posted on the Communication Services constitute the entire agreement between the user and VizionForce or National Geographic with respect to the Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and VizionForce or National Geographic with respect to the Web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

Copyright and Trademark Notices

The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Trademarks of National Geographic are used with permission. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

Notices and Procedure for Making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.