For the purposes of the Terms, “Content” shall include any data, text, information, screennames, graphics, photos, profiles, audio, video clips, and links that is posted, uploaded, displayed on, contained in or otherwise submitted to the Services. Content may be posted by a user of the Services or by VegFund itself. Posting, uploading, displaying, or otherwise submitting content to the Services shall hereinafter be referred to as “Post” or “Posting.”
1. Rules and Conduct
- 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.
- 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.
- You are responsible for any of your activity on VegFund, so keep your password secure.
- You may not impersonate another person or represent yourself as affiliated with VegFund or VegFund’s staff.
- You must not abuse, harass, threaten, impersonate, or intimidate other VegFund users.
- You may not use web URLs in your username without prior written consent from VegFund.
- 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.
- You are responsible for verifying the safety, suitability, and functional state of any items or services given, shared, sold, or received via the Services.
- You may not intentionally misrepresent any items or services given, shared, or sold via the Services.
- 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 the Services.
- You are responsible for your conduct and any Content that you Post on the Services.
- VegFund does not control, is not responsible for, and makes no representations or warranties with respect to any user Content.
- 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 Content. However, we have the right to do so for the purpose of operating the Services, 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 Content, 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 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 the Services or any Content on the Services, relating to the quality, suitability, truth, accuracy, or completeness of any Content contained in the Services.
2. General Terms
- You may not copy, modify or create derivative works of the Content on the Services.
- You may not disassemble, decompile, or reverse-engineer VegFund’s code or modify another website, application, or product offering so as to falsely imply that it is associated with VegFund.
- You may not access or try to access non-public areas of the Services, our computer systems, or the technical delivery systems employed by the Services.
- 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 the Services including but not limited to posted items, user profiles, names, addresses, email addresses, and photos.
- You may not create or submit unwanted email or comments to any Services users (“Spam”).
- 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.
- You may not transmit any worms or viruses or any code of a destructive nature.
- You may not, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).
- Violation of this agreement can result in the termination of your use of the Services. You also agree to indemnify and hold VegFund harmless as indicated in the Indemnification section below.
- While VegFund prohibits certain conduct and Content on the Services, VegFund does not and cannot review all materials Posted to the Services by users. You understand and agree that VegFund cannot be responsible for user Content and you may be exposed to such materials and that you use the Services at your own risk.
- You acknowledge that Posting Content and other communications with the Services are not confidential and such communications may be available to and read by other users. You acknowledge that by Posting or otherwise communicating with the Services, no confidential, fiduciary, contractually implied, or other relationship is created between user and VegFund other than in accordance with these Terms.
3. General Conditions
- We reserve the right to refuse service to anyone for any reason at any time.
- 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 VegFund.
4. Proprietary Rights in Content on VegFund
- 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 the Services. You are responsible for securing any releases or permissions in Content you Post through the Services. By Posting any Content on or through the Services, you hereby grant to VegFund a perpetual, 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 copying and distributing part or all of the Content in any media formats through any media channels.
- You represent and warrant that: (i) you own the Content Posted by you on, or through, the Services 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 the Services 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, as contained in the Indemnification section below.
- VegFund owns and retains all rights in the Content and the Services. VegFund hereby grants you a nonexclusive limited, revocable, non-sublicensable license to reproduce and display the Content (excluding any software code) solely for your personal noncommercial use in connection with viewing Postings and using the Services.
- 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 the Services 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:
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):
- 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;
- 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;
- 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;
- 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”;
- 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
- 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):
- 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;
- Your name, address, and telephone number;
- The following statement: “I consent to the jurisdiction of the United States District Court for the Northern District of California”;
- 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”;
- 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
- 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.
You will indemnify, defend, and hold harmless VegFund and its affiliates, and all of their directors, officers, agents, employees, legal advisors, information providers, licensors, and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of any term of these Terms, including without limitations attorneys’ fees and costs. You will cooperate as fully as reasonably required in the defense of any claim. VegFund reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you may not in any event settle any matter without the written consent of VegFund.
All Services are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, VegFund (or our licensors) exclusively owns 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 VegFund 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 Services. 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.
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 SERVICES; AND (3) ANY CONTENT OBTAINED FROM THE SERVICES; 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.
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 you and VegFund regarding the Services, and supersede and replace any prior agreements we might have between us regarding the Services.
No part of this agreement shall cease to be in effect if any other part is deemed unenforceable, or otherwise non-applicable.
Questions and Contact Information
Please contact VegFund if you have any questions about our Terms.
Effective: July 17, 2018