TERMS OF USE

Terms of use (“Terms”)

1. In accessing the Site (www.foodrevolutionday.com), you agree to do so only for your own personal, non-commercial use and in accordance with these Terms. Your use of the Site constitutes your binding acceptance of these Terms, including any modifications made to the Terms. Read these Terms carefully and completely as they set forth your rights and obligations with respect to your use of the Site. If you do not wish to be bound by the Terms, you may not access or use the Site.

2. The Site is owned and operated by the Better Food Foundation and the Jamie Oliver Food Foundation ("we" or "us"). Please read the Terms carefully as they set out your rights and obligations and the terms on which we make the Site available to you. They also provide information on how you can submit material and how this will be used.

3. Visitors to the Site just wishing to view content do not need to register. However, any use of the Site (including, but not limited to, viewing and/or uploading content, and participating in The Food Revolution Day campaign) constitutes your acceptance of these Terms, which takes effect the moment you first use the Site. We reserve the right to change the Terms at any time (without notice to you) by posting changes online and it is your responsibility to refer to and comply with the most up to date Terms on accessing the Site. Your continued use of the Site after changes are posted constitutes your acceptance of the Terms as modified.

4. Unless otherwise stated, you may not copy, reproduce, republish, download, post, store (including in any other website), display, distribute, transmit, broadcast, license, commercially exploit or modify in any way any of the Site's material or content (including other Contributions or any advertising or sponsorship) or permit or assist any third party to do the same. Further, you agree that you shall not: reformat or frame any portion of the web pages that are part of the Site; copy or modify the HTML code used to generate web pages on the Site; use any device, software, or procedure that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure; modify, adapt, translate or reverse engineer any portion of the Site; disrupt or otherwise interfere with the Site or the networks or servers used by us; impersonate any person or entity or misrepresent your connection or affiliation with a person or entity; or collect or store, or attempt to collect or store, personal information about other Site users.

5. You agree to only use the Site for lawful purposes, in a manner which does not improperly infringe the rights of, or restrict or inhibit the use and enjoyment of, the Site by any third party. Such restriction or inhibition includes, but is not limited to, conduct which is libelous, in breach of anyone’s right to privacy or which may harass, cause real distress or inconvenience to any person and the transmission of obscene or offensive content or interruption of the normal flow of dialogue within the Site.

6. The Site may include links to third party web sites ("Third Party Sites") from time to time. You acknowledge and agree that we will not be responsible for the availability of the Third Party Sites and will not be responsible or liable for any content or services from the Third Party Sites. Your accessing of the Third Party Sites is at your own discretion and risk. Providing links to these sites by us should not be interpreted as endorsement or approval by us of the organizations sponsoring these sites or their products or services. We make no representations or warranties, express or implied, with respect to the information provided on this Site or any third-party website or service which may be accessed by a link from this Site, including any representations or warranties as to accuracy or completeness. Because we have no control over third-party websites and resources, you acknowledge and agree that we are not responsible or liable for, and do not endorse, the availability, accuracy, completeness or authenticity of information available through such websites, resources or services, your use or your exchange of any information with such websites or services, or the content, statements, representations, advertising, products, services or other materials on or available from such third-party sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use or reliance on any such content, information, goods, or services available on or through any such site or resource. If you decide to access any such third-party websites, resources or services, or to transact with such third party for their products, goods or services, you do so entirely at your own risk. By leaving this Site, you may be subject to the terms and conditions and the privacy policies of such third party websites.

7. Some parts of the Site may have specific Terms of Use. By registering for and/or using these parts of the Site you are agreeing to these Terms and the terms of the specific parts of the Site. If there is any conflict between the Terms and specific terms appearing on the Site, the specific terms shall prevail.

Contributors

1. If you would like to upload material to the Site, interact with the Site including participating in Food Revolution Day activities, you may be required to register, either on this Site or on Third Party Sites. As part of this you will be asked to expressly "accept" these Terms and other specific terms appearing on the Site (including terms of Third Party Sites) and, on doing so, you will be deemed to have consented to and will be bound by these Terms and such other terms.

2. When you register, you will be asked to select a user name and password you can then use to access your account and log on to and/or participate in areas of the Site reserved for contributors only. We reserve the right to reject user names for any reason, including if they are offensive, defamatory or otherwise unsuitable. We also reserve the right to require you to change your user name for any reason or no reason at any time in our sole discretion, and to use or assign your prior user name to another user as we determine to be appropriate in our sole discretion. You acknowledge and agree that you have no intellectual property, proprietary or other rights in or to your user name, and that our rejection, cancellation, revocation, modification, re-assignment, and/or other actions concerning your user name shall not create any claim or cause of action against us. You also agree not to use your user name for your own commercial gain, not to sell your user name to a third party, and not to create user accounts by automated means or under false, misleading or fraudulent pretenses. We have no obligation to monitor user names requested by, or assigned to, Contributors in connection with their accounts. You may update certain details via your Member account.

3. You acknowledge and agree it is your sole responsibility to maintain the confidentiality of your personal data and you are responsible for all activity that occurs. We are unable to check the identity of people acting as Contributors or using Contributors' areas and will not be liable where your password or account is used by someone else.

4. You agree to notify us of any unauthorized use or any other breach of security as soon as you become aware of it. You further agree not to solicit or use anyone else's personal details on the Site, attempt to gain access to the personal details of other contributors, or make contributions on behalf of anyone other than yourself.

5. If you use any functionality this Site makes available that allows people to contact you or leave comments, you are accepting these may be abusive, untrue or unpleasant. Please be careful when using any messaging and do not reveal personal information such as your home or work contact details, your last name or where you live.

6. The Site is available only to individuals who can form legally-binding contracts under applicable law. You agree and confirm that if registering as a Contributor, you are 18 or over and all information provided by you to us is accurate, true and current in all respects and at all times. Under no circumstances may a minor under the age of 13 register as a Contributor, or submit personal information or other content to the Site. If you do not qualify, please do not use the Site. We reserve the right to deny access and/or registration to the Site to anyone at any time in our sole and absolute discretion. If you provide any information that is inaccurate, untrue, or not current, or if we have reasonable grounds to suspect that such information is inaccurate, untrue or not current, we have the right to refuse any and all current or future use of the Site (or any portion thereof).

7. Where there are any other restrictions or eligibility requirements, these will be set out on the Site. We reserve the right for ask for written proof of age or eligibility from you. If we discover or suspect that you do not comply with the age requirements, we reserve the right to stop you using the Site immediately.

8. We reserve the right to modify, suspend or discontinue the Site or any part of it (including the availability of any features of the Site) at any time and without notice or liability to you. We are entitled to suspend, restrict, or terminate your use, or access to any part of the Site without notice at any time if you breach these Terms or other specific terms appearing on the Site, for technical reasons or for any or no reason whatsoever. You agree that we shall not be liable to you or any third party for any termination of your access to the Site. If we terminate your Membership or your access to the Site, you will not attempt to access it without first obtaining our permission.

Contributions

1. "Contribution" includes all content provided to the Site or uploaded to the Site by users (i.e. forum or blog entries, videos, clips, pictures, recipes, reviews, comments, data posting, entries, campaign-related material, and all other user generated material).

2. You are entirely responsible for all Contributions that you provide, upload or otherwise transmit via the Site. You agree and guarantee that any Contribution you provide or upload is original to you and does not infringe the copyright or any other rights of any other person. You must obtain any consent necessary for you to provide the Contribution to us. You also confirm that if you have posted a recipe, it is your own recipe and will not cause any harm to anyone. You agree and confirm that all facts expressed by you in any Contribution are true to the best of your knowledge and belief and, if your Contribution contains opinions, these are your own and genuinely and truly held by you; and that nothing in your Contribution will include advertisements, promotions, commercial solicitations, contests or surveys (unless you have our written consent to do so) or contain, transmit or disseminate spam, chain letters, viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another's computer, the Site, or any software, hardware or other related equipment; that nothing in the Contribution constitutes illegal activity or conduct that could give rise to civil liability or encourages others to take part in criminal conduct or conduct that could give rise to civil liability or will infringe the copyright or any other right of any person, breach any contract or duty of confidence, be defamatory, obscene or sexually oriented, abusive, hateful, vulgar, offensive, indecent, harassing, threatening, false, fraudulent, misleading, deceptive, harmful, breach anyone’s right of privacy or may constitute a contempt of court or break any applicable laws or be calculated to bring us or any other person into disrepute; and that all Contributions will comply with any additional Terms or requirements on the Site and you will at all times comply with the Terms and other specific terms appearing on the Site.

3. We do not, unless we agree with you otherwise, claim any rights of ownership in your Contribution. As such, you retain all ownership rights and, although we will be able to use the Contribution as set out in these Terms and other specific terms appearing on the Site, you will also have the right to use your Contribution in any way you choose. Where a Contribution is to be acquired this will be made clear on the Site and you will then be able to choose whether to provide a particular Contribution on that basis.

4. Please note that we do not accept unsolicited materials or ideas for use in our programmes, any website including the Site, publications, other media or businesses. We are not responsible for the similarity of any of our content or programming to any media or materials or ideas transmitted to the Site. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and that you are waiving any claim against us or any of our subsidiaries or affiliates regarding the use of such materials and ideas, even if a material or an idea is substantially similar to the idea you submitted.

5. Where we do not own the Contribution, you agree that we (including third parties authorized by us) may make any and all Contributions available on the Site and any other media, whether now known or invented in the future, which may include other internet sites, mobile, television and/or radio and/or publishing and that Contributions may be made available with advertising and/or sponsorship. If you submit, post or upload any Contribution to the Site or if you submit any business information, idea, concept or invention to us or the Site, you automatically grant or warrant that the owner of such Contribution or intellectual property has expressly granted us a royalty-free, fully paid-up, perpetual, irrevocable, world-wide, nonexclusive license to use, copy, process, adapt, transmit, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, display and sublicense the Contribution in any media or medium, or any form, format, or forum now known or hereafter developed (the "License"). You agree that this License includes the right for us to make such Contribution available to other companies, organizations or individuals who partner with us for the syndication, broadcast, distribution or publication of such Contribution on other media and services, subject to these Terms. If you wish to keep any content, information, metadata, ideas, concepts or inventions private or proprietary, do not post or submit them to the Site. You agree that in the event we receive any royalties, compensation or other payments associated with exercising the rights granted to us under the License, you shall not claim any right to any portion of such royalties, compensation or other payments. You further agree that we may, in our sole discretion, use any Contribution for which we have a License in a manner that may link to, refer to or reference your user name, such as use of your Contribution on an affiliated or partner website as a featured video in a manner that links to or references your user name.

6. Whether or not we own the Contribution, you grant us (and third parties authorized by us) the right to issue publicity concerning the Contribution and any material or service in which it may be included, and for such purpose to use and reproduce your name and likeness if we wish (where these have been provided to us by way of the Contribution) and your Contribution.

7. We do not guarantee to use or otherwise make available any Contribution. Any Contribution may be rejected by us and may be edited, moderated or deleted in our absolute discretion. We reserve the right not to accept any Contribution that is not in English and cannot be moderated. All decisions are final and we will not enter into any discussions or correspondence about why a Contribution has been rejected, edited or moderated.

8. You further acknowledge and agree that we have the right at any time to change, modify or delete any Contribution you submit, post or upload to the Site in our sole discretion, including but not limited to the right to change, modify or delete videos, video contents, titles, descriptions, categories or tags for any or no reason. You also acknowledge and agree that we shall have the right to apply categories, tags, labels, profiles, attributes or other features or characteristics to any Contributions that you submit, post or upload to the Site. We may, in appropriate circumstances, and in our sole discretion, remove or disable access to a Contribution that appears to be legally or otherwise problematic (e.g. it infringes the copyright or other intellectual property or privacy rights of others, is defamatory etc. or for any other reason). In relation to all Contributions (including reviews and comments) posted on the Site, you consent to us editing or deleting such Contributions to ensure compliance with these Terms and other specific terms appearing on the Site.

9. We may retain all Contributions even if they are not published. You agree, however, that we have no obligation to keep originals or copies of any Contribution or to return any Contributions to you or remove your Contributions from the Site at any time.

10. If we have to stop your use of the Site for any reason, your Contributions (if any) may remain on the Site in our sole and absolute discretion. You may contact us at enquiries@jamiesfoodrevolution.com to request that certain details of your Contributions be removed, although we are not required to comply with any such request.

Other Content and Complaints

1. Although we ask all Contributors to submit Contributions that comply with the Terms, you acknowledge that Contributions supplied by other Contributors may include material you consider offensive or objectionable and that we are not obligated to control the Contributions. We assume no responsibility or liability for such Contributions and, as the Contributions are created by other Contributors, they do not represent our views. You are solely responsible for your interaction with other Contributors.

2. If you become aware of any misuse of the Site or wish to complain about any Contribution or material on the Site or believe any of your rights have been violated (e.g. your copyright infringed, you have been defamed etc.), you may email us at enquiries@jamiesfoodrevolution.com with the following information:

• Nature of your complaint and location within the Site of the particular content or Contributor.
• Your name, address, telephone number and email address and such other information as we may reasonably request.
• For copyright disputes, an (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Availability of The Site and Liability

1. DISCLAIMER OF WARRANTIES. The Site, Contributions and information, links, images, logos and content relating to the Site, Better Food Foundation, Food Revolution Day, and/or any of our associated companies, products, services and campaigns (or to third party products and services), are provided 'AS IS' and on an 'AS AVAILABLE' basis without any representation, endorsement or warranty of any kind, including but not limited to implied warranties of merchantability, title, satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, or that the Site will be without error or invulnerable to viruses, worms, or other harmful software or hardware. WITH RESPECT TO THE SITE AND INFORMATION AND MATERIAL IN THE SITE, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, OR THAT THE SITE WILL BE WITHOUT ERROR OR INVULNERABLE TO VIRUSES, WORMS, OR OTHER HARMFUL SOFTWARE OR HARDWARE. YOU HEREBY ACKNOWLEDGE THAT THE SITE MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, WITHOUT LIMITATION, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICE OR OTHER ATTACKS, TECHNICAL FAILURE OF THE SITE, TELECOMMUNICATIONS INFRASTRUCTURE, OR DISRUPTION, AND THEREFORE WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY REGARDING SITE USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY OR PERFORMANCE CAUSED BY SUCH FACTORS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

2. We will endeavour to provide the Site using all reasonable care and will use reasonable efforts to make the Site available to you at all times. However you acknowledge that the Site is provided over the internet and so the quality and availability of the Site may be affected by factors that are outside our reasonable control such as technical faults in your ISP's and/or telecommunication providers' network/service. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, providers, computer equipment or software, or failure of any email to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any website (or any combination of these things).

3. We make no warranty or guarantees that the Site will be available, uninterrupted, timely, secure, or error free, or that defects will be corrected, that the Site and its contents or the server that makes it available are free of viruses or other harmful components, or that the Site and information will meet your requirements. Except as required by law, we will not be responsible for any loss or damage caused by: (a) interruption or delay to the Site or errors, viruses or bugs contained in the Site caused by events outside our reasonable control; (b) your negligence or willful misconduct, your breach of the Terms or other specific terms appearing on the Site or failure to follow our reasonable instructions; (c) any incompatibility of the Site with any other software or material on your equipment; (d) any unauthorized use of the Site; (e) your use of third party links, products or services offered on this Site or the content of any such third-party links; or (f) any other factor that is outside our reasonable control.

4. Content, information and other material on the Site may contain inaccuracies and typographical errors. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, statements, representations, and Contributions provided through the Site. We do not make any representations or warranties, express or implied, with respect to the accuracy or completeness of the Site or the reliability of any information displayed or distributed through the Site (including provided through any software). You acknowledge that reliance on any such information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any part of the Site and to make changes to the Site and to the materials, products, programs, services, or content described in the Site at any time without notice. You further understand and acknowledge that you may be exposed to Contributions or other content that is inaccurate, offensive, indecent, or objectionable, and you hereby waive any and all legal or equitable rights or remedies you have or may have against us with respect to such content.

5. We cannot accept any responsibility for any damage, loss, injury or disappointment suffered though use of the Site. In no event will we or any of our third party affiliates personally be liable for any damages whatsoever, whether in action of contract, tort (including negligence), strict liability or any other legal theory, including (but not limited to) damages for use of the Site, for loss of use of the Site, damages caused by any conduct or content of any third party on the Site, damages caused by any actions or inactions resulting from use of the Site, unauthorized access, use or alteration of your transmissions or Contributions, damage to equipment or other software, or loss of data or profits or for other monetary loss or for any indirect, consequential, incidental, special, exemplary, or punitive damages, arising out of or in connection with the use (or inability to use) or performance of the Site, even if we have been advised of the possibility of such damages. Because some jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In addition, in no event shall we or any licensors or third party affiliates be liable for any unauthorized use of the Site. If you are dissatisfied with any portion of the Site, or with any of these Terms, your sole and exclusive remedy is to discontinue using the Site and the Services..

6. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Terms or use of the Site must be filed within two (2) years after such claim or cause of action arose or be forever barred.

Intellectual Property Rights Including Copyright

1. The names, images and logos identifying Better Food Foundation, Jamie Oliver Food Foundation, Jamie Oliver Enterprises Limited, all affiliated companies or third parties and any products, services and campaigns are proprietary marks of these parties. Nothing in these Terms or other specific terms appearing on the Site shall be construed as conferring to you any license or right under any intellectual property right of all the above parties unless expressly stated otherwise.

2. All copyright, trade marks and other intellectual property rights in the Site (including the design, arrangement and look and feel) and all material, software or content supplied as part of the Site, other than your Contributions and Your Data (as included in the Privacy Policy portion of this Site), shall remain at all times our property or the property of our licensors and is protected by copyright law.

3. Any products and services on the Site are subject to availability and are available at our sole discretion.

General

1. The Terms shall be governed by and construed in accordance with the laws of England. Any disputes arising from the Site or Terms will be decided only by the English courts.

2. If any of the Terms are held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms which will continue to be valid and enforceable to the fullest extent permitted by law

3. You agree to indemnify, defend and hold us and our affiliates and subsidiaries and all of their respective directors, officers, members, managers, employees, agents, successors and relevant third parties including advertisers, distribution partners, referral partners, service providers, licensors, licensees, consultants and contractors (collectively the “Indemnified Parties”) harmless from and against any claims, demands, liabilities, losses, costs, damages or expenses including reasonable attorneys’ fees and costs, directly or indirectly, arising out of or in any way relating to: (i) your negligence or misconduct; (ii) your information or any other materials contributed to or submitted through the Site, including without limitation information associated with your account; (iii) your conduct, including your use of the Site; (iv) your connection to the Site; (v) any violation or breach of these Terms or other specific terms appearing on this Site; or (vi) your violation of any laws or the rights of any third party, including but not limited to infringement or violation of intellectual property, privacy, publicity, confidentiality, proprietary or other rights of any person or entity (collectively, the “Claims”). You are solely responsible for defending any such Claims, and for payment of losses, costs, damages or expenses resulting from the foregoing to both a third party and to the Indemnified Parties. The Indemnified Parties shall have the right, in their sole discretion, to select their own legal counsel to defend the Indemnified Parties from any Claims (but by doing so shall not excuse your indemnity obligations) and you shall be solely responsible for the payment of all of the Indemnified Parties' reasonable attorneys’ fees incurred in connection therewith. You shall notify us immediately if you become aware of any actual or potential claims, suits, actions, allegations or charges that could affect your or our ability to fully perform their respective duties or to exercise its rights under these Terms. You shall not, without the prior written approval of us, settle, dispose or enter into any proposed settlement or resolution of any Claim (whether having been finally adjudicated or otherwise) brought against you, if such settlement or resolution results in any obligation or liability for any of the Indemnified Parties.

4. We can transfer our rights and obligations under the Terms to any company, firm or person provided this does not affect your rights under the Terms. You may not transfer or assign your rights or obligations under the Terms to anyone else.

5. The terms and conditions of our Privacy Policy are located at http://foodrevolutionday.com/privacy-policy/ and are incorporated herein by reference. In the event of a conflict between the terms of this document and those in the Privacy Policy, the terms of the Privacy Policy shall govern.

6. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

7. If any provision of these Terms is held to be illegal, invalid or unenforceable under any present or future laws, such provision shall be fully severable, and the remaining provisions shall constitute our agreement with you.

8. If you have any questions or concerns about this Site, the Terms or the Privacy Policy, please contact us:
by email:
enquiries@jamiesfoodrevolution.com
by writing to us at:
19-21 Nile Street, London N1 7LL

Last updated March 25, 2013.

© 2013 The Better Food Foundation.