Terms of Use

ALL USE OF THE DIETITIANS OF CANADA “FOODPHOTO.CA” WEB PAGES (the “ FOODPHOTO.CA site” or “FOODPHOTO.CA ") IS SUBJECT TO THE TERMS OF USE BELOW (referred to as the “Terms of Use”). FOODPHOTO.CA IS OPERATED BY DIETITIANS OF CANADA (“DC”).

PLEASE READ THESE TERMS OF USE CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS AS WELL AS EXCLUSIONS AND LIMITATIONS ON OUR LIABILITY. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THE FOODPHOTO.CA SITE.

Using DC Materials

You may download or make copies of the FoodPhoto.ca web site materials only in accordance with the Content License Agreement. If the FoodPhoto.ca site indicates that you must pay to access any materials, then your right to download or make copies of such materials is conditioned on you first having paid for such access.

All other rights are reserved. In particular, you agree that you will not modify any of the logos or designs on the site; or sell, distribute, republish or post our materials to any other person or online, or for your own commercial, or promotional purposes without our written consent. If you do so without first obtaining our written consent, you will be violating our intellectual property rights, and your license to use the materials automatically terminates. You can write to ask for consent at contactus@dietitians.ca.

User Conduct and Uploading Content

The FoodPhoto.ca site may permit you to upload content, including photographs, to the site. You will not post content or take any action on the FoodPhoto.ca site that infringes or violates someone else's rights or otherwise violates the law. You hereby grant to DC an irrevocable, worldwide, royalty free, perpetual right and license to copy and otherwise use the content you upload to the FoodPhoto.ca site for DC’s own use, which includes without limitation use for DC’s promotional or advertising purposes, or in DC’s presentations or reports made available to third parties.

You will not collect personal information from other users without their express consent, and you will make it clear you (and not The FoodPhoto.ca site) are the one collecting their information.

You will not post anyone's identification documents or any sensitive financial, medical or personal information on the FoodPhoto.ca site. You will not send email invitations to non-users without their consent.

Removal of Content

DC shall have the right, exercisable in its sole and absolute discretion, but not the obligation, to monitor the content provided by you or any other user, in order to determine compliance with these Terms of Use, the Content License Agreement, and any operating rules established by DC, to satisfy any law, regulation or authorized government request, or for any other reasonable commercial purpose.

Trademarks & Copyright

DC is the owner of or is licensed to use the trademarks and copyrighted materials on this site. We consider all our intellectual property to be important assets of our association and protect them from unauthorized use by others.

No Commercial Use of the Service

You may not use the FoodPhoto.ca service or any part of the materials on the site for commercial activity or for any solicitation whatsoever (including the selling of "opportunities," such as direct sales or multi-level marketing), or to solicit any charitable requests or petitions for signature, unless DC has provided its prior, written consent to such use.

Purchases; Other Terms and Conditions

You may not use the FoodPhoto.ca service or any part of the materials on the site for commercial activity or for any solicitation whatsoever (including the selling of "opportunities," such as direct sales or multi-level marketing), or to solicit any charitable requests or petitions for signature, unless DC has provided its prior, written consent to such use.

You agree that you will pay for all products or materials that you purchase through FoodPhoto.ca, and that DC may charge your credit card or your PayPal account for any products purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your DC account, or otherwise in connection with your activities on the FoodPhoto.ca site.

FoodPhoto.ca accepts these forms of payment: credit cards issued by Canadian or US banks (and may accept credit cards from other locations), and PayPal. If a credit card is being used for a transaction, DC may obtain preapproval for an amount up to the amount of the order. Billing occurs at the time of or shortly after your transaction.

Your total price will include the price of the product plus any applicable sales tax; such sales tax is based on the bill-to address and the sales tax rate in effect at the time you download the product. We will charge tax only in jurisdictions where digital goods are taxable.

All transactions are final. If a product becomes unavailable following a transaction but prior to download, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by DC.

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control your use of that portion of the Site or the specific service.

DC may make changes to any products or services offered on the site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the site with respect to products and services may be out of date, and DC makes no commitment to update the materials on the site with respect to such products and services.

Accounts, Passwords, Security and Data Storage

Certain features or services offered on or through the FoodPhoto.ca site or other websites operated by DC may require you to open an account or have a membership with DC. You are entirely responsible for maintaining the confidentiality of the information you hold for your account or your membership, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify DC immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by DC or any other user of or visitor to the site due to someone else using your account as a result of your failing to keep your account information secure and confidential. You may not use anyone else’s DC account, password or account at any time without the express permission and consent of the holder of that DC account. DC cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. A change in your membership status with DC may affect your ability to access or use materials purchased through FoodPhoto.ca.

Due to the national and international character and scope of the DC’s profile, membership and endeavours, for reasons of economic and technical efficiency, and to minimize the possibility of damage or destruction due to local disasters such as fire, DC may, from time to time, contract with reputable third parties to arrange for the off-site storage of the electronic data of the Association (i.e., “cloud-based” storage), including subscriber information collected, used and retained for purposes of account management and internal administration purposes. Such storage may occur using services provided by third parties (and servers) located both inside and outside of Canada, including service providers (and servers) located in the United States and therefore subject to the laws and requirements of that jurisdiction in addition to any Canadian laws and requirements which may apply.

Warranty and Liability Limitation

References on this site to any names, marks, products or services of any third parties or links to third party sites are provided solely as a convenience to you and do not constitute or imply an endorsement or sponsorship by DC or an affiliation with the third party. DC will not be responsible for any damage or loss incurred in connection with the third party web sites or any products or services available from the third party.

EXCEPT AS OTHERWISE EXPRESSLY SET OUT IN THE CONTENT LICENSE AGREEMENT, THE FOODPHOTO.CA SITE AND ALL MATERIALS CONTAINED IN IT ARE PROVIDED ON AN "AS IS" AND "WITH ALL FAULTS" BASIS.

DC DOES NOT WARRANT THAT THE INFORMATION CONTAINED IN THE FOODPHOTO.CA SITE IS IN EVERY RESPECT ACCURATE OR COMPLETE, AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION.

DC DOES NOT MAKE ANY GUARANTEES, REPRESENTATIONS, CONDITIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AS TO THE ACCURACY, COMPLETENESS, OR RESULTS TO BE OBTAINED FROM ACCESSING AND USING THE FOODPHOTO.CA SITE, OR ANY MATERIAL WHICH CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH THE FOODPHOTO.CA SITE.

DC WILL NOT BE LIABLE TO YOU OR TO ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY RESULTING DAMAGES OR AS A RESULT OF GOODS OR SERVICES OFFERED BY A THIRD PARTY LINKED THROUGH THE FOODPHOTO.CA SITE.

Confidentiality

Absent the use of encryption, the Internet is not a secured medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging. DC will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential information that you make to any third party through the Internet e-mail links provided on this website or any other DC operated website. DC is not responsible for any errors or any changes made to any transmitted information. Should you decide to transmit information using the Internet, you do so at your own risk.

Computer Viruses

While DC makes reasonable efforts to ensure that all materials and services provided on the FoodPhoto.ca site and any other DC operated websites do not contain computer viruses, you are responsible to take the appropriate precautions to scan for computer viruses and to ensure that you have a complete and current back up of the applicable items contained on your computer system.

Links to Other Sites

FoodPhoto.ca may contain links to the web sites of others. These links are provided solely as a convenience to you. These other sites were independently developed by parties other than FoodPhoto.ca, and DC assumes no responsibility for the accuracy or appropriateness of the information contained in such sites. The inclusion of any link to another site does not imply endorsement by FoodPhoto.ca. Any mention of another party or its product or service on the FoodPhoto.ca site should not be construed as an endorsement of that party or its product service. If you decide to access linked third party web sites, you do so at your own risk.

Enforcement of Terms; Termination

DC may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) DC’s rights or property, or the rights or property of visitors to or users of the site, including other users of FoodPhoto.ca or other websites operated by DC.

DC reserves the right at all times to disclose any information that DC deems necessary to comply with any applicable law, regulation, legal process or governmental request.

You agree that DC may, in its sole discretion and without prior notice, terminate your access to the site or block your future access to the site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the site.

You agree that DC may, in its sole discretion and without prior notice, terminate your access to the site if we decide to discontinue the FoodPhoto.ca site or materially modify the FoodPhoto.ca site or any service offered on or through the FoodPhoto.ca site, or if we experience unexpected technical issues or problems.

General

The failure of DC to insist upon strict compliance with any term of this Terms of Use shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision.

If any provision in this Terms of Use is invalid or unenforceable under applicable laws, the remaining provisions will continue in full force and effect.

The laws of the province of Ontario, Canada, shall govern this Terms of Use, your rights and obligations, and all actions contemplated by this Terms of Use as if the Terms of Use was a contract wholly entered into and wholly performed within the Province of Ontario, Canada. The provisions of this Terms of Use in respect of the ownership and your use of the FoodPhoto.ca content shall survive the termination of these Terms of Use.

DC reserves the right to change the terms of this Terms of Use or the Content License Agreement by providing notice on the FoodPhoto.ca site. Continued use of the FoodPhoto.ca site following the posting of any changes to these Terms of Use or the Content License Agreement shall be conclusively deemed acceptance of those changes by you. In the event of a conflict between the Terms of Use and the Content License Agreement, the Content License Agreement shall govern solely to the extent of such conflict.