The information below specifies the Terms of Use for FoundationForCulinaryArts.org.
- INTRODUCTION AND ACCEPTANCE
Welcome to foundationforculinaryarts.org. Foundationforculinaryarts.org is an online service operated by Foundation for Culinary Arts (“FFCA”, “us”, “we”, or “our”). These “Terms of Use” apply to this site (however accessed and/or used, whether via personal computers, mobile devices or otherwise (collectively, “Computer”)) and other features, applications or downloads that are operated by us that are available through this site or that interact with this site and post these Terms of Use (collectively, “Website”).
PLEASE READ THESE TERMS OF USE AND APPLICABLE ADDITIONAL TERMS (DEFINED BELOW) CAREFULLY BEFORE USING THE WEBSITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. BY ACCESSING AND/OR USING THE WEBSITE (OTHER THAN TO READ THESE TERMS OF USE), YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH IN SECTION 12 BELOW. THESE TERMS OF USE REQUIRE YOU TO AGREE TO ARBITRATE DISPUTES RATHER THAN GOING TO COURT, GRANT US CERTAIN RIGHTS AND LICENSES, PROVIDE US CERTAIN INDEMNITIES, WAIVE CERTAIN OF YOUR RIGHTS AND REMEDIES, AND LIMIT OUR LIABILITY AND OBLIGATIONS TO YOU. READ THEM CAREFULLY AND DO NOT USE THE WEBSITE OR PURCHASE OUR PRODUCTS OR SERVICES AVAILABLE VIA THE WEBSITE IF YOU DO NOT AGREE.
You agree that these Terms of Use are supported by good and valuable consideration the receipt and sufficiency of which you hereby acknowledge. Such consideration includes, without limitation, your use of the Website and the materials and information available on the same and the possibility of publication or publicity of your User Content (as defined in Section 9).
In addition to these Terms of Use, FFCA has established a Privacy Policy to explain how user information is collected and used by FFCA. A copy of this Privacy Policy can be found here: Privacy Policy and is incorporated by reference into these Terms of Use. By accessing or using the Website, you are signifying your acknowledgement and agreement to FFCA’s Privacy Policy.
- INTELLECTUAL PROPERTY
Unless otherwise explicitly specified, the Website (including past, present and future versions) and included content (and any derivative works or enhancements of the same), including, but not limited to, all layout, text, illustrations, instructions, files, images, designs, software, scripts, graphics, photos, sounds, music, videos, information, advertising copy, content, materials, products, services, URLs, technology, documentation, interactive features, the “look and feel” of the Website, the compilation, assembly and arrangement of the materials of the Website and any and all copyrightable material (including source and object code), (collectively, the “Website Content”) and all intellectual property rights to the same are owned or controlled by us, our licensors, or both. Additionally, all trademarks, service marks, trade names, trade identities and trade dress that may appear on the Website are owned by us, our licensors, or both. Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title or interest in the Website or any Website Content. Any rights not expressly granted in these Terms of Use are expressly reserved.
- WEBSITE ACCESS AND USE
(A) Access to the Website, including, without limitation, the Website Content, is provided for your information and personal, non-commercial use only. When using the Website, you agree to comply with all applicable federal, state, and local laws, including, without limitation, copyright law. Except as expressly permitted in these Terms of Use or applicable Additional Terms, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Website Content for any purpose whatsoever without obtaining prior written consent from us or, in the case of third-party content, its respective owner. In certain instances, we may permit you to download or print Website Content or both. In such a case, subject to your strict compliance with these Terms of Use, you may download (temporary storage only), display, view use, play and/or or print (as applicable) one (1) copy of the Website Content (excluding source and object code in raw form or otherwise, other than as made available to access and use via a standard web browser to enable display on your Computer) on any single Computer for your limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable use only. In some instances, we may permit you to have greater access to and use of Website Content, subject to Additional Terms applicable thereto. You acknowledge that you do not acquire any ownership rights by downloading, printing or otherwise using or accessing the Website Content.
(B) Furthermore, except as expressly permitted in these Terms of Use or applicable Additional Terms, you may not:
(i) remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notices on the Website or Website Content or on any copy you make of the Website Content;
(ii) circumvent, disable or otherwise interfere with security-related features of the Website, including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or Website Content;
- NO WARRANTIES
This Website is provided “as is,” with all faults, and Foundation for Culinary Arts express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.
- LIMITATION OF LIABILITY
In no event shall Foundation For Culinary Arts, nor any of its officers, directors and employees, be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract. Foundation for Culinary Arts, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
Additionally, Foundation for Culinary Arts does not endorse and is not responsible for the accuracy or reliability of statements made by third parties.
- REFUNDS, RETURNS OR LOSSES
Donations and purchases of ticket sales are nonrefundable and are considered the property of Foundation for Culinary Arts upon the successful transfer of funds either by cash, credit card, stock, material or immaterial goods. Additionally, Foundation for Culinary Arts may not be held liable for certain kinds of losses that may occur.
- INDEMNIFICATION
You hereby indemnify to the fullest extent Foundation for Culinary Arts from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.
- SEVERABILITY
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
- USER CONTENT
All software, material, information, communications, text, graphics, links, electronic art, animations, audio, video, photos, and other data which are uploaded or otherwise made available within the Website are referred to collectively as “Content”. Any Content that you independently develop (or otherwise own) and upload or otherwise make available in the Website (“User Content”) is and remains your sole property or the property of your licensors. However, by uploading or otherwise making available any User Content:
- you automatically grant, and/or warrant that the owner has granted, Foundation for Culinary Arts, the perpetual royalty-free, non-exclusive right and license to use, reproduce, modify, publish, distribute, perform, display and transmit the User Content on the Website; and
- you automatically grant any other user of the Website the right to access, view, store and reproduce the User Content in connection with their use of the Website. For clarity, except with respect to your User Content, any Content created or posted to the Website by FFCA is owned in its entirety by FFCA.
- COPYRIGHT
You acknowledge that the Website, any underlying technology or software used in connection with the Website, and all Content available within the Website (with the exception of your User Content as described in Section 4 above) are provided by FFCA or third-party providers and FFCA and/or such third parties own all intellectual property rights therein. For the avoidance of doubt, as between you and FFCA, all intellectual property rights in and to the Content (other than your User Content) is owned by FFCA. Except as expressly authorized by FFCA or such third parties in these TOC or as posted on the Website, you may not copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit any part of the Content or the Website (other than your User Content), in whole or in part. You may not store any significant portion of any Content or the Website owned by, or licensed to FFCA in any form, whether archival files, computer-readable files, or any other medium. You also may not “mirror” any Content or the Solution on any other server.
- LINKS
Some links on the Website lead to websites or online content posted by independent website owners. Because FFCA has no control over these websites or third party content Websites, FFCA is not responsible for such websites’ accessibility via the Internet and does not endorse products, services or information provided by such websites. As such, FFCA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with, use or reliance on any Content, goods or services available on or through any other website. Further, the inclusion of these links does not imply that the other websites have given permission for inclusion of these links, or that there is any relationship between the FFCA and the linked websites. FFCA is an independent operating company and reference to other companies does not imply any partnership, joint venture, or other legal connection where FFCA would be responsible for the actions of their respective owners.
- VARIATION IN TERMS
Foundation for Culinary Arts is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.
- ASSISGNMENT
The Foundation for Culinary Arts is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
- ENTIRE AGREEMENT
These Terms constitute the entire agreement between Foundation for Culinary Arts and you in relation to your use of this Website, and supersede all prior agreements and understandings.
- GOVERNING LAW & JURISDICTION
These Terms will be governed by and interpreted in accordance with the laws of the State of Illinois, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Illinois for the resolution of any disputes.
Effective: February 25, 2022