This list is an example and is not intended to be complete or exclusive. We do not have an obligation to monitor your access to or use of the Services or to review or edit any information posted to VegFund, by the user. However, we have the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
We reserve the right, at any time and without prior notice, to remove or disable access to any data submitted by a user, that we consider, in our sole discretion, to be in violation of these Terms, or harmful to the Services. Deleted content may be stored by VegFund in order to comply with certain legal obligations or claims. Consequently, VegFund encourages you to maintain your own backup of your Content. In other words, VegFund is not a backup service. VegFund will not be liable to you for any modification, suspension, or discontinuation of the VegFund Services, or the loss of any Content.
The Content available through the Services has not been verified or authenticated by us, and may include inaccuracies or false information. We make no representations, warranties, or guarantees in connection with our Service or any Content on the Service, relating to the quality, suitability, truth, accuracy, or completeness of any Content contained in the Services.
It is our policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (DMCA). This page describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to VegFund as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the DMCA (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov), but we will respond to notices of this form from other jurisdictions as well.
It is expected that all users of VegFund, particularly VegVids.com or the VegFund blog, will comply with applicable copyright laws. However, if VegFund receives proper notification of claimed copyright infringement, our response to these notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers, regardless of whether we may be liable for such infringement under United States law or the laws of another jurisdiction.
If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA. We may also document notices of alleged infringement on which we act.
VegFund's Designated Agent to receive notification of alleged infringement under the DMCA is:
Danielson Legal, LLC
One Mifflin Place, Suite 400
Cambridge, MA 02138
Upon receipt of proper notification of claimed infringement, VegFund will follow the procedures outlined herein and in the DMCA.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide VegFund's Registered Agent (listed above) the following information in a written communication (preferably via email):
Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that material is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
A provider of content subject to a claim of infringement may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. To file a counter notification with us, please provide VegFund's Registered Agent (listed above) the following information in a written communication (preferably via email):
Upon receipt of such counter notification, VegFund will promptly provide the person who provided the original infringement notification with a copy of the counter notification, and inform that person that VegFund will replace the removed material or cease disabling access to it in 10 business days. VegFund will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless our Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.
In accordance with Section 512(i)(1)(a) of the DMCA, VegFund will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.
It is VegFund's policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works that VegFund determines are reasonable under the circumstances.
You agree to indemnify and hold VegFund harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to (i) your use or misuse of, or access to, the App, Service, or the use of the Service, (ii) a violation of the Terms of this agreement, any applicable law or regulation, or the rights of any third party, by any person using your account; (iii) your Content; or (iv) (a) your interaction with any users, (b) your transfer of any item or service, (c) your creation of an item or service post. Liability for any given item or service offered by you includes, but is not limited to, any injuries, losses, or damages of any kind arising in connection with or as a result of a request for or use of an item or service.
All Services are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, we (or our licensors) exclusively own all right, title and interest in the Services, including all associated intellectual property rights. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding the Services ("Feedback") is given voluntarily and, even if designated as confidential, will not create any confidentiality obligation for us and we will be free to use, disclose, reproduce, license, distribute, and otherwise exploit such Feedback as we see fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.
VegFund reserves the right, at its sole discretion, to modify or replace any of these Terms, on the VegFund website. VegFund may also impose limits or restrict access to parts or all of the Services without notice or liability. It is your responsibility to check these Terms periodically for changes. Your continued use of the Services following the posting of any changes to these Terms constitutes acceptance of those changes.
VegFund may terminate, change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content), or your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your use of the Services and related Content.
You understand and agree that all materials displayed, provided, or referenced by the Services are provided "AS IS" and on an "AS AVAILABLE" basis. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be free of errors or omissions. We also make no warranty that the Services will be secure, uninterrupted, or free of harmful components or viruses. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICES AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST VEGFUND FOR DISSATISFACTION WITH THE SERVICES OR ANY CONTENT IS TO STOP USING THE SERVICES OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (1) YOUR ACCESS TO OR USE OF SERVICES; (2) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; AND (3) ANY CONTENT OBTAINED FROM THE SERVICE; WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, (4) ANY COMMUNICATIONS, TRANSACTIONS, INTERACTIONS, DISPUTES OR ANY RELATIONS WHATSOEVER BETWEEN YOU AND ANY OTHER USER, PERSON OR ORGANIZATION; WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. In these cases, VegFund's liability will be limited to the fullest extent permitted by applicable law.
You agree to submit to personal jurisdiction and resolve any claim or dispute you have with us arising out of, or relating to, these Services exclusively in a state or federal court located in the State of California. These Terms are governed by the laws of the State of Delaware, without regard to any conflict of laws, rules, or principles. You agree to submit to the personal jurisdiction of the courts located in California for the purposes of litigating all such claims.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
No part of this agreement shall cease to be in effect if any other part is deemed unenforceable, or otherwise non-applicable.
Questions & Contact Information
Please contact us if you have any questions about our Terms.
Effective: January 15, 2014