Mainly Vegan® Terms of Service (“Agreement”)
This Agreement was last modified on January 30, 2018.
Please read these Terms of Service completely using https://mainlyvegan.com (the “Site”), which is owned and operated by Mainly Vegan® LLC. This Agreement documents the legally binding terms and conditions attached to the use of the Site. By using or accessing the Site in any way, viewing or browsing the Site, or adding your own content to the Site, you are agreeing to be bound by these Terms of Service.
Intellectual Property
The Site and all of its original content are the sole property of Mainly Vegan® LLC, and are, as such, fully protected by the appropriate international copyright and other intellectual property rights laws. Unless otherwise provided in this Agreement, Mainly Vegan® LLC reserves all intellectual property rights in the Site and original content.
Permissible Use
You may access and view the Site for your own personal use, subject to the restrictions set out below and elsewhere in this Agreement. If Mainly Vegan® LLC provides you with a user ID and password to enable you to access restricted areas of the Site or other content or services, you must ensure that your login credentials are kept confidential, and you may not share such
credentials with third parties.
The following activities are prohibited:
- Using the Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
- Using the Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
- Using the Site to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Site without the express written consent of Mainly Vegan® LLC.
- Using the Site to transmit or send unsolicited commercial communications.
In the event that you violate the terms of this Agreement, Mainly Vegan® LLC reserves the right to immediately disable your login credentials and/or otherwise restrict your access to the Site.
Use of User Content
As used in this Agreement, “User Content” means material, including without limitation text and images (e.g., personal images used in user profiles) that you submit to the Site, for whatever purpose, including but not limited to recipes, shopping lists, menus, and meal plans.
You grant to Mainly Vegan® LLC a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your User Content in any existing or future media. You also grant to Mainly Vegan® LLC the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your User Content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you, Mainly Vegan® LLC, or a third party (in each case under any applicable law).
You must not submit any User Content to the Site that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Mainly Vegan® LLC reserves the right to edit or remove any User Content submitted to the Site, or stored on its servers, or hosted or published upon the Site.
Termination
Mainly Vegan® LLC reserves the right to terminate your access to the Site, without any advance notice. If you are a paid subscriber, Mainly Vegan® LLC will refund a pro rata portion of your subscription fee upon any termination.
Links to Other Websites
Our Site does contain a number of links to other websites and online resources that are not owned or controlled by Mainly Vegan® LLC.
Mainly Vegan® LLC has no control over, and therefore cannot assume responsibility for, the content or general practices of any of these third party sites and/or services. Therefore, we strongly advise you to read the entire terms and conditions and privacy policy of any site that you visit as a result of following a link that is posted on our Site.
Governing Law
This Agreement is governed in accordance with the laws of Oregon, United States.
Representations and Warranties
By using the Site, you represent and warrant that you have the authority and capacity to enter this Agreement. You must be at least 18 years of age to use the Site, and by using the Site you represent that you are at least 18 years old. You further represent and warrant that you shall not allow others to use your account.
Indemnification
By entering into this Agreement and using the Site, you agree that you shall defend, indemnify and hold Mainly Vegan® LLC and its officers, directors, employees, and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law or regulation; or (b) your use or misuse of the Site.
Disclaimer of Warranties
Mainly Vegan® LLC makes no representation, warranty, or guarantee as to the quality, suitability, availability, accuracy or completeness of the Site, products, or content therein. Mainly Vegan® LLC does not represent or warrant that (a) use of the Site will be secure, uninterrupted or error-free; (b) the Site will meet your requirements or expectations; (c) the quality of any products, content, information, or other material purchased or obtained by you through the Site will meet your requirements or expectations, or (d) the Site or the server(s) that make the Site available are free of viruses or other harmful components. The Site, content, and other materials are provided to you strictly on an “as is” basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law. You acknowledge and agree that the entire risk arising out of your use of the Site rests solely with you, to the maximum extent permitted by law.
Limitation of Liability
In no event shall Mainly Vegan® LLC be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including personal injury, loss of data, revenue, profits, use or other economic advantage). Mainly Vegan® LLC shall not be liable for any loss, damage, or injury which may be incurred by you, including but not limited to loss, damage or injury arising out of, or in any way connected with the Site or content therein, including the use or inability to use the Site, even if Mainly Vegan® LLC has been previously advised of the possibility of such damages.
Assignment
This Agreement may not be assigned by you without the prior written approval of Mainly Vegan® LLC. Mainly Vegan® LLC may assign this Agreement without your consent to: (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.
Changes to this Agreement
Mainly Vegan® LLC reserves the right to modify these Terms of Service at any time. We do so by posting and drawing attention to the updated terms on the Site. Your decision to continue to visit and make use of the Site after such changes have been made constitutes your formal acceptance of the new Terms of Service.
Therefore, we ask that you check and review this Agreement for such changes on an occasional basis. Should you not agree to any provision of this Agreement or any changes we make to this Agreement, we ask and advise that you discontinue using the Site immediately.
Contact Us
If you have any questions about this Agreement, please feel free to contact us at https://mainlyvegan.com/contact/.