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Terms and Conditions of Use

Last updated 29 September 2013

The terms and conditions listed below, as well as any other law or regulation that applies to this website (the “Site”), the Worldwide Web, or the Internet, apply to all Site users. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

The “World Chocolate Awards” of 128 Cavendish House, Manchester, M20 2EA, United Kingdom, maintains this Site for your personal entertainment, information and communication. You may not, distribute, modify, transmit, reuse, repost, or use the content of the Site for public or commercial purposes, including the images, text, audio and video without the prior written permission of the “World Chocolate Awards.”

Your access to and use of the Site is also subject to the following terms and conditions and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions.

1. This Site is intended for use by residents of Great Britain, Isle of Man and the Channel Islands only. You should assume that everything you see or read on the Site is copyrighted unless otherwise stated and may not be used except as provided in these Terms and Conditions or in the text on the Site without the written prior permission of the “World Chocolate Awards.” The “World Chocolate Awards” does not warrant or represent that your use of materials displayed on the Site will not infringe rights of third parties.

2. Images of people or places displayed on the Site are either the property of, or used with permission by the “World Chocolate Awards.” 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.

3. Any personal data (for example, your name, address, telephone number or e-mail address) that you transmit to the Site by electronic mail or otherwise, will be used by the “World Chocolate Awards” in accordance with the privacy notice of the Site. Any other communication or material you transmit to the Site, such as questions, comments, feedback, suggestions or the like, will be treated as non-confidential and non-proprietary. The World Chocolate Awards shall be free to use such information on an unrestricted basis.

4. While the World Chocolate Awards endeavours to include accurate and up to date information in the Site, the “World Chocolate Awards” makes no warranties or representations as to its accuracy or fitness for any purpose. The “World Chocolate Awards” assumes no liability or responsibility for any errors or omissions in the content of the Site.

5. Your use of and browsing in the Site are at your risk. Neither the “World Chocolate Awards” nor its affiliated entities, nor any of its agencies, nor any other party involved in creating, producing, or delivering the Site, is liable for any direct, incidental, consequential, indirect, or punitive damages or losses arising out of your access to, or use of, the Site provided that we do not limit in any way our liability by law for death or personal injury caused by our negligence.

6. Subject to your compliance with these Terms and Conditions, and solely for so long as you are permitted by the “World Chocolate Awards” to access and use the Site, you may download and view one (1) copy of any content and software on the Site to which we provide you access or download, on any single computer, solely for your personal, non-commercial home use, provided that you keep intact all copyright and other proprietary notices. Except as otherwise expressly authorised in writing in advance by the “World Chocolate Awards,” you agree not to reproduce, modify, rent, lease, loan, sell, distribute, adapt, translate, create derivative works based (whether in whole or in part) on, reverse engineer, decompile or disassemble any services or software, all or any part of the Site, or any materials made available through the Site. Certain software may be governed by an additional end user licence agreement to which you may be required to agree before using such software.

7. The “World Chocolate Awards” also assumes no responsibility, and shall not be liable for, any damage to, or virus that may infect, your computer equipment or other property on account of your access to, use of browsing in the Site or your downloading of any materials provided that we do not limit in any way our liability by law for death or personal injury caused by our negligence. 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 NON-INFRINGEMENT provided that we do not limit in any way our liability by law for personal injury or death caused by our negligence.

8. YOUR SOLE REMEDY AGAINST THE WORLD CHOCOLATE AWARDS FOR DISSATISFACTION WITH THE SITE OR ITS CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT.

9. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

10. The “World Chocolate Awards” has not reviewed any or all of the sites linked to the Site and is not responsible for the content or the privacy policies of any off-site pages or any other sites linked to the Site.

11. Although the “World Chocolate Awards” may from time to time, monitor discussions, chats postings, transmissions, bulletin boards, and the like on the Site, the “World Chocolate Awards” is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, omission, obscenity, falsehood, profanity, danger, or inaccuracy contained in any information within such locations on the Site.

12. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, obscene, scandalous, inflammatory or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law. The “World Chocolate Awards” will fully cooperate with any law enforcement authorities or court order requesting or directing the “World Chocolate Awards” to disclose the identity of anyone posting any such information or materials and reserves the right to remove any such materials at any time from this Site.

13. You must not use any registered or unregistered trade marks on the Site without either our prior written permission or the prior written permission of the relevant trade mark owner.

14. With respect to information or materials that you choose to display or post on any interactive services of the Site ("user content"), you grant the “World Chocolate Awards” and its affiliated entities a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license, without compensation to you: (a) to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), derive, transmit, display and perform, publicly or otherwise, such user content, in any media now known or hereafter developed, for the “World Chocolate Awards” and the affiliated entities' business purposes, and (b) to sublicense the foregoing rights, through multiple tiers, to the maximum extent permitted by applicable law. The foregoing licenses shall survive termination of this agreement for any reason. For each item of user content, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that such user content (as applicable), and your provision or creation thereof through the Site, complies with all applicable laws, rules, and regulations and does not infringe or otherwise violate the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding each item of user content that you submit.

15. Please note that other Site visitors may post messages or make statements in the services that are inaccurate, misleading, deceptive, or offensive. The “World Chocolate Awards” and the affiliated entities neither endorse nor are responsible for any opinion, advice, information or statements made in any services by third parties. Without limitation, the “World Chocolate Awards” and the affiliated entities are not responsible for any information or materials made available through the services (including without limitation errors or omissions in postings or links or images embedded in messages or profiles) or results obtained by using any such information or materials.

16. In these Terms and Conditions, 'affiliated entities' means any direct or indirect parent, subsidiaries, sponsors, or affiliated companies of the “World Chocolate Awards.”

17. You agree to defend, indemnify and hold harmless the “World Chocolate Awards” its affiliated entities, and any other party involved in creating, producing or delivering the Site, and their respective directors, officers, employees, agents, shareholders, licensors and representatives, from and against all claims, losses, costs and expenses (including without limitation attorneys fees) arising out of (a) your use of, or activities in connection with, the Site, the services, or the software; (b) any violation of these terms of use by you or through your account; or (c) any allegation that any user content that you make available or create through the Site, the services, or the software infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party.

18. The Site may contain statements, estimates or projections that constitute "forward-looking statements.”. Generally, the words "believe", "expect", "intend", "estimate", "anticipate", "project", "will" and similar expressions identify forward-looking statements, which generally are not historical in nature. Forward-looking statements are subject to risks and uncertainties that could cause actual results to differ materially from the “World Chocolate Awards” historical experience and our present expectations or projections. These risks include, but are not limited to, our financial situation; changes in the business environment, including actions of other businesses and changes in consumer preferences; regulatory and legal changes; fluctuations in the cost and availability of raw materials; interest rate and currency fluctuations; changes in economic and political conditions; litigation uncertainties; the efficiency and reliability of other businesses that we use; adverse weather conditions; and other risks. You should not place undue reliance on forward-looking statements, which speak only as of the date they are made.

19. The “World Chocolate Awards” may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore visit this page every time that you use the Site to review the then current Terms and Conditions to which you are bound. You will be bound by changes even if you do not re-visit this page to re-read this notice.

20. These Terms and Conditions are governed by the laws of England and Wales. By using the Site you agree to submit to the exclusive jurisdiction of the English courts (or Scottish courts if you are resident in Scotland) in the event of any dispute.

Non-Exhaustive List of World Chocolate Awards Trademarks

World Chocolate Awards and the cacao pod logo

World Chocolate Awards: the independent guide to the world's finest chocolate

worldchocolateawards.com

Please note that some other trademarks of the World Chocolate Awards may not be listed above.

 

© The World Chocolate Awards, all rights reserved.

World Chocolate Awards and the cacao pod logo are registered trademarks of the World Chocolate Awards.

 


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