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Last updated: April 9, 2008
Welcome to VeggieVixen.com (the “Web site”). Please read this Terms and Conditions
of Use Notice (“Notice”) carefully before using the Web site. By viewing or otherwise
using this Web site, you agree you are 13 or older and agree to the VeggieVixen
privacy policy and to the terms and conditions in this Notice.
We reserve the right in our sole discretion to change, modify, add, or delete portions
of this Notice at any time. We will provide notice of such changes only by posting
the updated notice on our Web site and changing the “last updated” date listed above.
This Notice applies exclusively to your access to, interaction with, and use of,
this Web site and does not alter in any way the terms or conditions of any other
agreement you might have with VeggieVixen.com, Inc. (“VeggieVixen”) for products,
services, or otherwise. We encourage you to review our Notice each time you visit
our site to see if it has been updated since your last visit.
If you have any questions regarding the use of the Web site, please refer to the
FAQ section. All other questions or comments about the Web site should be directed
to CustomerRelations@veggievixen.com
Privacy Policy
VeggieVixen believes strongly in protecting user privacy. VeggieVixen has therefore
adopted a Privacy Policy. Users of this Web site should refer to VeggieVixen’ Privacy
Policy, available for viewing
here, before providing any information.
Proprietary Rights
I. Copyrights
All Web site materials, including, without limitation, the VeggieVixen logo, design,
text, graphics, other files, and the selection and arrangement thereof (collectively,
“Content”) are either ALL RIGHTS RESERVED Copyright © 2008 VeggieVixen.com or are
the proprietary property of VeggieVixen’s affiliates or licensors. You may electronically
copy and print to hard copy portions of this Web site for the sole purpose of using
materials it contains for informational and non-commercial, personal use only, provided
you keep all copyright or other proprietary notices intact. Any other use of Content,
including any commercial use, reproduction for purposes other than described above,
modification, distribution, republication, display, or performance, without the
prior written permission of VeggieVixen, is strictly prohibited.
II. Trademarks
“VeggieVixen.com,” “VeggieVixen,” and all other trademarks on this Web site are
either trademarks or registered trademarks of VeggieVixen and its licensors, and
may not be copied, imitated or used, in whole or in part, without the prior written
permission of VeggieVixen. In addition, all page headers, custom graphics, button
icons, and scripts are service marks, trademarks, and/or trade dress of VeggieVixen,
and may not be copied, imitated, or used, in whole or in part, without the prior
written permission of VeggieVixen. All other trademarks, registered trademarks,
product names and company names or logos mentioned on the Web site are the property
of their respective owners.
VeggieVixen might have other patents, patent applications, trademarks, copyrights,
or other intellectual property rights covering subject matter in any Web pages,
and any software part of the Web site. Unless we have granted you licenses to our
intellectual property in this Notice, our providing you with such Web pages or any
software does not give you any license to our intellectual property. Any rights
not expressly granted herein are reserved.
Hyperlinks
You are granted a limited, nonexclusive right to create a hyperlink to the homepage
or recipe home page of this Web site only, provided such link does not portray VeggieVixen
or any of its products and services in a false, misleading, derogatory, or otherwise
defamatory manner. This limited right may be revoked at any time. You may not use,
frame or utilize framing techniques to enclose any VeggieVixen trademark, logo,
or other proprietary information, including the images found at this Web site, the
content of any text, or the layout/design of any page or form contained on any page
of the Web site, without VeggieVixen’ express written consent. Except as noted above,
you are not conveyed any right or license, by implication, estoppel or otherwise,
in or under any patent, trademark, copyright, or proprietary right of VeggieVixen
or any third party.
Third-Party Content Services
VeggieVixen may provide hyperlinks to sites such as search engines and content of
third parties (“Third-Party Content”) as a service to those interested in this information.
VeggieVixen does not monitor nor does VeggieVixen have control over any Third-Party
Content. VeggieVixen does not endorse or adopt any Third-Party Content and can make
no guarantee as to its accuracy or completeness. VeggieVixen does not warrant the
accuracy of any information contained on, and undertakes no responsibility to update
or review, any Third-Party Content. Users use these hyperlinks and Third-Party Content
contained therein at their own risk.
Submissions
By submitting, disclosing, or offering any recipe, review, photograph, image, video,
“favorites” list, comments, feedback, postcards, suggestions, ideas, notes, drawings,
concepts, and other information, content or material, or other item (each, a “Submitted
Item”) to VeggieVixen, either online or offline and whether or not solicited by
VeggieVixen, you hereby grant to VeggieVixen an irrevocable, nonexclusive, perpetual,
worldwide, royalty-free right and license to use, display, publicly perform, modify,
reproduce, publish, distribute, make derivative works of, sublicense, and otherwise
commercially and non-commercially exploit your Submitted Items and all copyright,
trade secret, trademark, or other intellectual property rights therein, in any manner
or medium now existing or hereafter developed (including but not limited to print,
film, or electronic storage devices), without compensation of any kind to you or
any third party.
You hereby represent and warrant (a) you have all necessary right, power, and authority
to grant the license set forth herein to your Submitted Item, and (b) your Submitted
Item does not violate, misappropriate, or infringe any copyright, trade secret,
trademark or other intellectual property right of any third party.
You will take, at VeggieVixen’ expense, any further action (including, without limitation,
execution of affidavits and other documents) reasonably requested by VeggieVixen
to effect, perfect, and confirm the license granted to VeggieVixen to your Submitted
Item as set forth herein.
Publication or use of any Submitted Items is at the sole discretion of VeggieVixen
and VeggieVixen is under no obligation to publish or use any Submitted Item. If
your Submitted Item is published, used and/or posted on the Web site or otherwise
used by VeggieVixen, we may include your name in conjunction with such publication,
posting, or use. By submitting, disclosing, or offering a Submitted Item, you hereby
grant VeggieVixen the right to use your name in connection with the publication,
use or posting of your Submitted Item.
You must include your full name and e-mail address with your Submitted Item so we
can contact you if we have any questions about your Submitted Item; however, only
your name and not your e-mail address will be published with your Submitted Item.
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Donations
If you choose to give us a donation towards our site we are most grateful for your
generosity. If you change your mind about contributing monies to VeggieVixen.com
for any reason, the VeggieVixen.com will honor your decision as long as you request
a refund (return of donation) on the same date on which you made the contribution.
Due to charges from PayPal and others to receive and refund the money, we will return
the donation minus all applicable fees and charges.
User Conduct
This Web site might include discussion forums or other interactive areas, including,
but not limited to, bulletin boards, and recipe storage and exchange areas. All
such forums and interactive areas shall be used only for non-commercial purposes.
You are solely liable for any material you upload or transmit to the discussion
forums or interactive areas of this Web site. You agree not to use the Web site
to do any of the following:
Upload, post, e-mail, transmit, distribute or otherwise publish any message, information,
text or other material (“Material”) that we deem to be unlawful, harmful, libelous,
tortious, defamatory, obscene, vulgar, pornographic, indecent, lewd, harassing,
threatening, invasive of privacy or publicity rights, abusive, inflammatory, hateful,
or racially, ethnically or otherwise objectionable;
Upload or transmit any Material that would constitute or encourage a criminal offense,
violate the rights of any party, or that would otherwise create liability or violate
any local, state, national, or international law, including, without limitation,
the regulations of the U.S. Securities and Exchange Commission, any rules of any
securities exchange such as the New York Stock Exchange, the American Stock Exchange,
or the NASDAQ;
Upload, e-mail, transmit, or otherwise make available any Material that might infringe
any patent, trademark, trade secret, copyright, or other intellectual or proprietary
right of any party;
Impersonate any person or entity or otherwise misrepresent your affiliation with
a person or entity;
Without VeggieVixen’ written permission, distribute, publish, or make available
any unsolicited or unauthorized promotions, advertising or solicitations for funds,
goods or services, including junk mail, spam, and chain letters;
Harm minors in any way; or
Upload, post, e-mail, transmit, or otherwise make available any Material that contains
software viruses or any other computer code, files, or programs designed to interrupt,
destroy, or limit the functionality of any computer software or hardware or telecommunications
equipment.
Disclaimer
THIS WEB SITE AND THE CONTENT AVAILABLE ON IT ARE PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND
YOU AGREE USE OF THIS WEB SITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK. VEGGIEVIXEN
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
VEGGIEVIXEN DOES NOT REPRESENT OR WARRANT MATERIALS ON THIS WEB SITE ARE ACCURATE,
COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. VEGGIEVIXEN DOES NOT REPRESENT OR WARRANT
THIS WEB SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE YOUR USE OF THE WEB SITE AND CONTENT IS AT YOUR SOLE RISK.
VeggieVixen reserves the right to change any and all Content contained on this Web
site at any time without notice. Reference to any products, services, processes,
or other information, by trade name, trademark, manufacturer, and supplier or otherwise
does not constitute or imply endorsement, sponsorship or recommendation thereof
by VeggieVixen.
Limitation of Liability
IN NO EVENT SHALL VEGGIEVIXEN OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR
CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED
TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT,
TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR
IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THIS WEB SITE OR CONTENT
CONTAINED ON, OR ACCESSED THROUGH, THIS WEB SITE, EVEN IF VEGGIEVIXEN HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental
or consequential damages, so some of the above might not apply to you.
Indemnification
You agree to defend, indemnify and hold harmless VeggieVixen and its affiliates,
officers, directors, agents, suppliers, and licensors from and against any and all
claims, damages, costs and expenses, including attorneys’ fees, arising from or
related to your use of the Web site or any Materials or Submissions you provide,
including, but not limited to, any claim by a third party that any Materials or
Submissions infringe or violate such third party’s rights or interests.
Removal and Disclosure
We reserve the right to, at our sole discretion, remove, take down, destroy or delete
any Material and Submissions at any time and for any reason, including, but not
limited to Material and Submissions, that we deem inappropriate or which we believe
might subject us to any liability. We may access, use and disclose transaction information
about your use of our Web site, and any Material and Submissions transmitted by
you via or in connection with our Web site, to the extent permitted by law, in order
to comply with the law (e.g., a lawful subpoena); to initiate, render, bill and
collect for our products and services; to protect our rights or property, or to
protect users of our Web site from fraudulent, abusive, or unlawful use of our Web
site.
INDIRECT OR ATTEMPTED VIOLATIONS OF THIS NOTICE OR ANY RELATED POLICY, GUIDELINE
OR AGREEMENT, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF,
SHALL BE CONSIDERED VIOLATIONS OF THIS AGREEMENT BY YOU.
Termination
VeggieVixen reserves the right, without notice and in its sole discretion at any
time, to terminate your license to use this Web site, to block or prevent future
access to and use of this Web site, and to remove and discard any Material and Submissions.
Severability
If any provision of this Notice shall be deemed unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from this Notice and
shall not affect the validity and enforceability of any remaining provisions.
Contact Us
If you have any questions about this legal notice, the practices of this Web site,
or your dealings with this Web site, please contact us at customerrelations@veggievixen.com
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