Terms of Use

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING THIS SITE

Acceptance

Thank you for visiting the Alternative Food Network website.  Alternative Food Network Inc. (“AFN”) owns and operates this website and related pages (collectively, the “Site”). By using the Site, you agree to be bound by these terms of use, including the Privacy Policy referred to below (collectively, “Terms of Use”). We may revise or update the Terms of Use in our sole discretion at any time and without notice. You agree to review the Terms of Use from time to time as may be required to keep informed of any revisions. By using this Site, you agree to be bound by such update or revision. If you do not agree to the Terms of Use, please do not use this Site.

Intellectual Property

Unless otherwise indicated, the contents of this Site, including without limitation, all logos, text, graphics, images, sounds, performances, productions, audio, videos, and the organization, arrangement and assembly of such content (collectively, the “Content”) are the property of AFN or AFN has obtained the necessary permission from the owner of the intellectual property in such Content to use the Content on our Site, and are protected, without limitation, pursuant to Canadian, U.S. and foreign intellectual property law, including copyright, trademark and other laws and regulations. No Content either in whole or in part may be copied, reproduced, downloaded, modified, sold or distributed without AFN’s prior written consent, except as AFN, in its sole discretion, grants you a limited non-exclusive, not transferrable license to use and display on your computer or other electronic device, the Content for your own personal and non-commercial use only, provided that you do not modify the Content and that you maintain all copyright and other proprietary notices. The use of any Content anywhere else is prohibited.

Site Use Rules

You may not use this Site in order to link to, transmit, or otherwise distribute, store or destroy material: (a) in violation of any applicable law or regulation; (b) in a manner that will infringe the copyright, trademark, trade secret, patent or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others; or (c) that is defamatory, obscene, profane, pornographic, threatening, abusive or hateful. Users may use this Site only for lawful purposes and in compliance with the Terms of Use and applicable laws.

Communities & Visitor Content

The Site may now, or in the future, contain web communities and other message and communication facilities (“Communities”) that may provide you and other users an opportunity to submit, upload, post, display, transmit and/or exchange information, ideas, links, opinions, information, files, messages, transmissions and content with other users and/or with us (hereinafter referred to as “Visitor Content”).

AFN reserves the right at all times, but does not have the obligation, to edit, refuse to post, or to remove any Visitor Content, in whole or part, that AFN deems inappropriate for inclusion in the Communities and/or elsewhere on its Site, for any reason or for no reason. Your use of the Communities and the Site is at your own risk and you should not disclose or make available your personal information in any Visitor Content or in any of the Communities.

You use the Site and Communities solely at your own risk and AFN neither endorses nor controls Visitor Content available, delivered or displayed in the Communities and on the Site, and AFN assumes no duty to monitor or endorse Visitor Content. Additionally, AFN neither represents nor guarantees the truthfulness, accuracy or reliability thereof or that any Visitor Content complies with the terms or conditions of these Terms of Use. Visitor Content does not reflect the views of AFN. AFN is not responsible or liable for and does not endorse any Visitor Content. If we determine, in our sole discretion and judgment, that any Visitor Content does or may violate any of these Terms of Use, we reserve the right, at any time and without limiting any and all other rights we may have under these Terms of Use, at law or in equity, to: (a) refuse to allow you to post Visitor Content; (b) remove and delete Visitor Content; (c) suspend or terminate your right to access the Site; and/or (d) use any technological, legal, operational or other means available to us to enforce the provisions of these Terms of Use, including, without limitation, blocking specific IP addresses or deactivating your account on the Site and/or the Communities.

If Visitor Content originates from you or your user ID:

(1) you agree that you are placing the Visitor Content in the public domain without reservation of any rights or further control over the Visitor Content or its use, and you specifically authorize AFN to use such Visitor Content in whole or in part, throughout the universe, and you are automatically granting AFN an irrevocable, royalty-free, perpetual, unrestricted, non-exclusive license to use, reproduce, modify, publish, edit, adapt, create derivative works from, translate, distribute, perform, display and otherwise exploit such Visitor Content and all elements thereof alone or as part of other works in any form, media, or technology, whether now known or hereafter developed or discovered, and to license and sub-license such rights through multiple sub-licenses, all without any notification or obligation to you, of compensation or otherwise. You further grant AFN and its sub-licensees the right to use the name that you submit in connection with such content;

(2) you represent and warrant that (i) the Visitor Content is original to you or fully cleared for use as contemplated herein, (ii) the Visitor Content does not and will not, in any way, violate or breach any of the terms of these Terms of Use, (iii) the Visitor Content does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any law or regulation, (iv) the Visitor Content is not obscene or in any other manner unlawful, (v) the Visitor Content shall not be damaging or injurious to AFN or any user, (vi) AFN shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Visitor Content and, (vii) the Visitor Content is for noncommercial purposes only and you may not post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity. You agree to indemnify AFN and its directors, officers and employees for any losses incurred in relation to any claims resulting from content you supply;

(3) if your Visitor Content incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that you have the right to place such Visitor Content in the public domain and grant AFN the right to use such Visitor Content as described herein;

(4) you agree that AFN has the right to delete, re-format and/or change your Visitor Content in any manner that we may determine (although you will not be responsible for any such changes made); and

(5) you (and your parent or legal guardian on your behalf, if you are under the age of majority in your jurisdiction of residence) agree to be bound by these terms and conditions.

Links

Any third party sites that are linked to this Site are not owned by AFN or under AFN’s control. AFN is not responsible for anything on the linked sites, including without limitation any content, links to other sites or any policies those sites may have. AFN is not responsible in any way for any aspect of any goods and services you may purchase from those sites.  We may provide third party content and links only as a convenience to our users. Such content or links do not imply any endorsement by AFN.

Website Security Rules

Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mailbooming” or “crashing”; (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (e) forging TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of any system or network security may result in civil or criminal liability. AFN will investigate occurrences that may involve such violations and may involve and co-operate with law enforcement authorities in prosecuting users who are involved in such violations.

Disclaimer

THE CONTENT ON THIS SITE IS FOR INFORMATIONAL AND/OR ENTERTAINMENT PURPOSES ONLY. AFN MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE “AS IS” AND “AS AVAILABLE.” AFN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE AND ANY WEBSITE WITH WHICH IT IS LINKED. AFN DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON THE SITE OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR ITS CONTENTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. AFN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Neither AFN, nor its affiliates, licensors, assigns, successors, partners, advertisers, sponsors and content providers, and all of their respective officers, directors, employees, licensors, suppliers, service providers, successors and permitted assigns, representatives and agents (or any other person or entity involved in creating, producing or distributing such content) make any warranty as to the results that may be obtained from use of the Site or as to the accuracy, reliability or content of any information, service or products provided through the Site.

AFN does not endorse, nor is responsible for the accuracy or reliability of any opinion, advice or statement on the Site (included those submitted by users), nor for any offensive, defamatory or obscene posting made in the community areas or comment sections. Under no circumstances will AFN be liable for any loss or damage caused by your reliance on content obtained through the Site.

Please seek advice from professionals, as appropriate. All content provided or opinions expressed are for informational purposes only and are not a substitute for professional medical advice. Always seek advice from your doctor or other qualified healthcare practitioner.

Limitation of Liability

AFN SHALL NOT BE LIABLE FOR ANY DAMAGES IN LAW OR IN EQUITY THAT RESULT FROM, WITHOUT LIMITATION, THE USE OF THE SITE OR FROM INFORMATION PROVIDED ON THE SITE OR FROM ANY USER CONTENT, ERROR, OMISSION, INTERRUPTION OR COMPUTER VIRUS. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL AFN BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT ON THE SITE, EVEN IF AFN OR AN AFN AUTHORISED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL AFN’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR NOT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.

YOU AGREE THAT IN THE EVENT YOU INCUR DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF AFN’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING EXPLOITATION OF THE SITE AND YOU WILL HAVE NO RIGHT TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION ADVERTISING, EXHIBITION OR EXPLOITATION OF THE SITE.

Indemnity
You agree to defend, indemnify and hold harmless AFN, including its employees, officers, directors, shareholders, agents, consultants and licensees, from and against any and all claims, actions, damages and expenses, including without limitation reasonable legal and accounting fees, alleging or resulting from your use or misuse of the Site or your breach of these Terms of Use. We reserve the right to assume exclusive defense and control of any matter otherwise subject to indemnification by you.

Choice of Law and Jurisdiction
This Agreement shall be construed in accordance with the laws of the Province of Ontario and the Federal laws of Canada. Any claim or action arising from these terms shall be filed in the courts of the Province of Ontario. The parties attorn to the exclusive jurisdiction of the courts of the Province of Ontario.

Severability
If any provision of these Terms of Use 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.

Ownership of the Site, Copyright and Trademark
© 2017 Alternative Food Network Inc. All rights reserved. Unless otherwise noted, all materials on the Site are protected as the copyrights, trade dress, trademarks and, or alternatively, other intellectual properties owned by AFN, its subsidiaries, its affiliates and others, and is protected by Canadian, American and international copyright, trademark and other laws. Your use of the Site does not transfer to you any ownership or other rights in the Site or its content.

Privacy
Please see our Privacy Policy, which is incorporated by reference into these Terms of Use.