Terms of Use

Updated: 7 July 2019

This website, database and tools hosted on this website are the property of Flavodata OÜ, a company registered in Estonia under registry code 14653390. These Terms of Use are applicable to all Users and visitors flavodata.com and its Services.

By using Flavodata’s site and Services, you agree to these Terms of Use. These Terms still apply in cases of accessing the website outside the territory of Estonia.

Definitions

User is an industry or academia User that has registered an account for the use of the Service;

Terms of Use (hereinafter Terms) are these Terms of Use applicable to Users of flavodata.com and its Services;

Flavodata or We is used to refer to Flavodata OÜ which operates the website and the Service;

Service is a Service provided by Flavodata that enables the User to save, manage and publish their own contributions, as well as search other publications in the database of off-flavour incidents in food;

Party is either Flavodata or the User;

Parties are Flavodata and the User together.

General

Flavodata is a database of off-flavour incidents in food. It is a search and publishing tool for all food related parties.

The flavour-related website offers Services giving its Users the opportunity to manage their own contributions (e.g. off-flavour incidents, solutions, detection methods), save and publish, search other publications, earn credits for publishing and/or exchanging experience.

We do not take an editorial role: All of the content that we host is provided by Users, and Flavodata does not take an editorial role. We do not endorse any opinions expressed via our Services, and we do not represent or guarantee the truthfulness, accuracy, or reliability of any submitted content. We merely host this content by providing access to the content that you and your fellow Users have contributed and edited.

Users are responsible for your own actions: Users are legally responsible for their edits and contributions on the site. Please exercise caution and avoid contributing any content that may result in criminal or civil liability under any applicable laws.

Permitted Users

This Service is intended for industry Users and academia Users only. You are welcome to join as a scientist, food producer or flavour standard supplier. Flavodata’s Service is not offered to consumers.

Registered Users are granted access to search and enter incidents, search and enter molecules and news and dashboard functions according to the subscription packages chosen by the User.

Subscription and Payment

The use of Flavodata’s Services requires creating an account. Each applicant for registered User status must complete the registration form by filling in the required form truthfully. The applicant must further undertake to open not more than one User account. Registrations are valid for the User alone and are not transferable. Invoices are sent to the registered account.

Flavodata’s Services include three subscription packages:

• Academia: the User is granted full access to the Services after contributing at least five unique off-flavour incidents per year;
• Industry: the User is granted full access to the Services after payment of the subscription fee;
• Exclusive: the User is granted full access to the Services and a guarantee of an off-flavour analysis in Flavodata’s partner labs after payment of the subscription fee.

The price of the Service is indicated at the pricing section and upon signup. Access to the Service is granted after full payment by the User. Fee is payable annually as an advance payment for the Service. Flavodata may use third party payment service providers to handle all payments.

Subscription is automatically renewed every calendar year, an invoice for the coming year is sent one month before the beginning of the new period (Industry User and Exclusive User) or a reminder to contribute is sent to an Academia User.

Flavodata reserves the right to change the contents of these subscription packages.

Should you have any questions or should you encounter any problems upon registering or processing the payment, please contact us at: info@flavodata.com.

Exclusive Subscription Guarantee

We make our best to ensure that the database is up-to-date and withholds maximum information about off-flavours in food. Flavodata cannot however guarantee that all off-flavour incidents are recorded and solved.

Flavodata offers Exclusive subscription Users a guarantee, that in case of not finding an incident in the database, the User can send the relevant products to off-flavour analysis to one of Flavodata’s partner labs in Tallinn, Estonia or Graz, Austria. Shipping expenses of the relevant products will be borne by the User. Please contact us at info@flavodata.com for full details. Flavodata will respond to the User’s request in written form or in a form that enables written reproduction within 15 days.

Subscription Termination

Subscription ends when account is terminated by written notification before the beginning of the new 12 month period. Paid subscription fees are non-refundable. Users may terminate the subscription at any time without providing a reason. A notice of termination must be sent by email to: info@flavodata.com.

Users acknowledge and agree that Flavodata may stop (permanently or temporarily) providing the Service at Flavodata’s sole discretion, without prior notice to the users, should the User breach these Terms.

User Obligations

The Service must be used solely for the purpose of tolerant, constructive and objective exchange of opinions on scientific subjects and attitudes.

Users undertake not to publish, transmit or upload any content which violates  any applicable laws, and not to publish, transmit or upload any content and/or contributions/statements which are defamatory, slanderous, morally offensive, obscene or of an insulting or discriminatory nature.

Users are not permitted to publish content which:

• contains language and forms of expression which contravene generally accepted standards of decency and professional behaviour,
• constitutes incitement to actions which could adversely affect the well-being or safety of others,
• is classifiable in category of so-called spam, in particular when this takes the form of regularly repeated publications/statements with identical or similar content,
• does not relate to subject under discussion,
• contains non-functioning links, in particular, links causing error reports.

Users are prohibited from engaging in activities aimed at sabotaging or otherwise interfering with the Service and, in particular, from taking any action capable of affecting the physical or electronic structure of the Service.

Prior to inputting any content into the features, each User must verify its freedom from viruses with an up-to-date anti-virus program. Users also undertake not to input any content containing viruses or other computer programs capable of impairing the functioning of other computers or which allow unauthorised third parties access to the Service.

User Responsibility

All Users of the Service bear sole and exclusive responsibility for content and contributions input by them and for activities undertaken by them. Flavodata does not always audit User-generated content or other User input.

Any commercial use of the work (e.g. mirroring; (non-) systematic retrieval of content from the Service; compilation of collection, database or directory; reproduction or transmission in any form or by any means or use for advertising or promotional purposes; distribution; creating new collective works, or resale) requires permission from Flavodata.

To protect intellectual property of Flavodata as well the privacy of Users, it is prohibited to use of robots, spiders, crawlers or other automated downloading programs or devices for any purpose, including but not limited to harvesting articles, another’s postal or e-mail address from the Service.

Flavodata’s Rights

Flavodata is entitled to cancel User registrations at any time without stating reasons. Any such cancellation terminates the User’s right to use the Services provided by the platform. Flavodata can serve notice of cancellation by e-mail.

Flavodata is entitled to delete individual User-generated contributions of parts thereof at any time and at its sole discretion. This applies, in particular, in cases where a User has committed a violation of these conditions for use. In any such case, Flavodata, when becoming aware of the violation, is entitled to exclude the User, cancel his registration and to delete content used by or addressed to him. Flavodata is under no obligation to give Users advance warning of deletion of content generated by them.

Flaovdata reserves the right to modify the features at any time. This also includes the right to levy a charge for use of the features or to discontinue them completely.

Flavodata is under no obligation to verify accuracy, completeness or legality of User-generated contributions, in particular, of contributions posted in the community section.

Privacy Policy

Flavodata is committed to protecting your personal data. We collect and process personal data in accordance with personal data protection legislation. Please take a moment to review our privacy which can be found here: https://flavodata.com/privacy/.

The User confirms that it has all required rights and consents for disclosing to Flavodata any personal data submitted while using the Service. The User undertakes to comply with all obligations and legal regulations with regards to data protection.

Copyright and Intellectual Property Rights

The content of the website and the Service itself is protected by intellectual property laws and remain the property of Flavodata. These Terms do not grant Users any rights to use Flavodata’s intellectual property without the prior consent of Flavodata.

Users are not permitted to publish, transmit or upload content or statements, for which they do not possess the necessary rights (copyrights or other intellectual property rights), or which infringe such rights held by third parties, in particular, patents, copyrights, rights attaching to trademarks and other distinguishing marks, and other rights.

Users grant Flavodata and territorially unrestricted right (a licence) to use and/or exploit content uploaded by them for the term of the subscription and 70 years thereafter. This includes the rights to amendment, duplication, transmission, publication, further development of content and use for whatever purpose, and also to its assignment to third parties without giving rise to any claim to remuneration. Content uploaded by a User can be published elsewhere by that User himself.

Assumption of Risk and Limitations on Liability

To the maximum extent permitted by law, Flavodata shall not be liable for any damages resulting from the use or inability to use the Service by the User or any unauthorised access to or interruption, alteration, loss or deletion of the User’s Data. Furthermore, Flavodata shall in no event be liable for indirect damages, including loss of profit.

Flavodata does not guarantee any level of performance or the continued, uninterrupted availability of the Service. We do not guarantee the accuracy of any information provided on the website.

In any event, the aggregate liability of Flavodata is limited to the amount that the User has paid for the Services during the 12 months immediately preceding that month in which the event giving rise to Flavodata’s liability occurred.

Final Provisions

These Terms are governed by and construed in accordance with the laws of the Republic of Estonia. Any disputes arising out of or in connection to these Terms shall be finally settled by the Harju County Court (Harju Maakohus) in Tallinn, Estonia.

We reserve the right to change, modify, add and remove portions of these Terms at any time and without prior notice. By accessing or using this Service after any change in the Terms is posted, you agree to be bound by the changes.

If any or one of the conditions of these Terms is found to be void, invalid, illegal or unenforceable in any respect, validity of the remaining provisions will not be affected or impaired.