Terms of Use

Please read these terms of use ("Terms") carefully before using VegFund's services. These Terms govern and apply to all persons who access and use ("Users") VegFund's domain and related service domains (the "Website") and VegFund's social media sites and video sharing websites, including VegVids.com (collectively, "VegFund" or "Services"). By accessing or using Services, you acknowledge that you have read these terms, understand them, and agree to be bound by the terms and conditions described herein, including VegFund's Privacy Policy. If you do not agree to all of these terms and conditions, do not use our Services.

Important Note: VegFund utilizes a third party service, Miro Community, to host VegVids.com. Although Miro Community has established general guidelines for the use of their service, your use of VegVids.com is also governed by VegFund's Terms of Use and Privacy Policy. Please visit the Miro Community Terms of Service for more information or contact VegFund with questions regarding content posted on VegVids.

1. Rules and Conduct

  1. To apply for a VegFund grant you must be 18 years or older. You must be 13 years or older to use all other Services.
  2. You may not post inappropriate materials. This includes photographs, articles, or any other content that is criminal in nature or nude, partially nude, or sexually suggestive photos.
  3. You are responsible for any of your activity on VegFund, so keep your password secure.
  4. You may not impersonate another person or represent yourself as affiliated with VegFund or VegFund's staff.
  5. You must not abuse, harass, threaten, impersonate, or intimidate other VegFund users.
  6. You may not use web URLs in your username without prior written consent from VegFund.
  7. You may not use the Services for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
  8. You are responsible for verifying the safety, suitability, and functional state of any items or services given, shared, sold, or received via VegFund.
  9. You may not intentionally misrepresent any items or services given, shared, or sold via VegFund.
  10. You are responsible for ensuring and being able to verify that you have legal standing to offer items (whether giving, selling, exchanging, sharing, or otherwise) posted on or using VegFund.
  11. You are responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio, video clips, and links ("Content") that you submit, post, and display on VegFund.
  12. VegFund does not control, is not responsible for, and makes no representations or warranties with respect to any user content.
  13. You are responsible for your access to, use of and/or reliance on any user content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user content.

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.

2. General Terms

  1. You may not copy, modify or create derivative works of the Services.
  2. You may not disassemble, decompile, or reverse-engineer VegFund's or modify another website, application, or product offering so as to falsely imply that it is associated with VegFund.
  3. You may not access or try to access non-public areas of the Service, our computer systems, or the technical delivery systems employed by our Service.
  4. You may not use any robot, spider, site search/retrieval application or other automated device, process or means to access, retrieve, crawl, scrape, or otherwise index any portion of the site or any Content from VegFund including but not limited to posted items, user profiles, names, addresses, email addresses, and photos.
  5. You may not create or submit unwanted email or comments to any VegFund or Service users ("Spam").
  6. You may not gather and use information, such as users' name, real names or email addresses which are made available through the Services for any purpose outside of these Terms, including but not limited to Spam or any other form of unwanted solicitation.
  7. You may not transmit any worms or viruses or any code of a destructive nature.
  8. You may not, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).
  9. Violation of this agreement can result in the termination of your use of VegFund Services. You also agree to indemnify and hold VegFund harmless as indicated within Indemnification section below.
  10. While VegFund prohibits certain conduct and content on its site, you understand and agree that VegFund cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the VegFund service at your own risk.

3. General Conditions

  1. We reserve the right to refuse service to anyone for any reason at any time.
  2. We reserve the right to force forfeiture of any username that becomes inactive, violates trademark, may mislead other users, or is otherwise deemed inappropriate by company.
  3. We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, defamatory, obscene, otherwise objectionable, violates any party's intellectual property, these Terms of Use, or Privacy Policy.

4. Proprietary Rights in Content on VegFund

  1. VegFund does NOT claim ANY ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other Content that you post on or through VegFund. By displaying or publishing ("Posting") any Content on or through VegFund, you hereby grant to VegFund a non-exclusive, fully paid and royalty-free, worldwide, sublicensable and transferable license to use, modify, publicly perform, publicly display, reproduce and distribute such Content, including without limitation distributing part or all of the Content in any media formats through any media channels.
  2. You represent and warrant that: (i) you own the Content Posted by you on, or through, VegFund or otherwise have the right to grant the license set forth in this section, (ii) the Posting and use of your Content on or through VegFund does not violate privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the Posting of your Content on VegFund does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person, by reason of the Content you Post on or through VegFund , within Indemnification section below.
  3. VegFund owns and retains all rights in VegFund's Content and their Services. VegFund hereby grants you a limited, revocable, non-sublicensable license to reproduce and display VegFund's Content (excluding any software code) solely for your personal use in connection with viewing Postings and using the the Services.
  4. The Services contain Content of Users and other VegFund licensors. Except as provided within this Agreement, you may not copy, modify, create derivative works, publicly display, publicly perform, or digitally transmit any Content appearing on or through the Services.
  5. VegFund may perform technical functions necessary to offer their Services, including, but not limited to transcoding and/or reformatting Content to allow its use throughout the Services.

5. Notice and Takedown Procedure for Copyright Complaints

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.

6. Designated Agent

VegFund's Designated Agent to receive notification of alleged infringement under the DMCA is:

Miguel Danielson
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.

7. Infringement Notification

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):

  1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit VegFund to locate the material;
  3. Information reasonably sufficient to permit VegFund to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
  4. The following statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law";
  5. The following statement: "I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed"; and
  6. A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

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.

8. Counter Notification

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):

  1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  2. Your name, address, and telephone number;
  3. The following statement: "I consent to the jurisdiction of the United States District Court for the Northern District of California";
  4. The following statement: "I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent";
  5. The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled"; and
  6. Your signature, in physical or electronic form.

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.

9. Repeat Infringers

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.

10. Accommodation of Standard Technical Measures

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.

11. Indemnification

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.

VegFund retains the right to employ VegFund's own counsel. You remain solely responsible for VegFund's defense and must obtain VegFund's written consent to a settlement. You agree to notify VegFund of a pending suit claiming you have violated a third party's intellectual property or other rights. VegFund requires that you confirm your indemnification in case of a lawsuit; failure to do so may be considered a breach of your Terms of Use.

12. Ownership

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.

13. Modification

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.

14. Termination

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.

15. Disclaimer

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.

16. Limitation of Liability

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.

If, notwithstanding the other provisions of these Terms of Use, VegFund is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Services or any Content, VegFund's liability shall in no event exceed the greater of (1) the total of any fees, if any, with respect to any service or feature of or on the Services paid in the six months prior to the date of the initial claim made against VegFund, or (2) US$100.00.

17. Exclusions

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.

18. Governing 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.

19. Other Terms

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.

21. Severability

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