Vegifide Terms of Service Agreement

Effective Date: February 22, 2008

Welcome to Vegifide.com.  The services offered by Vegifide.com ("Vegifide.com" or "we") include the Vegifide.com website (the "Vegifide Website" and any other features, content, or applications offered from time to time by Vegifide.com in connection with the Vegifide Website (collectively, the "Vegifide Services"). The Vegifide Services are owned by Vegifide LLC and hosted in the U.S.

1. Acceptance of Terms

This Terms of Service Agreement ("Terms" or "Agreement") is for the visitors, members, customers, and others who visit and use Vegifide Services (collectively or individually, "Users").

Please read this Agreement carefully and save it. By accessing, browsing, using and/or registering for Vegifide.com, you acknowledge that you have read, understood, and agree to be bound by the following terms, including any guidelines and future modifications (collectively, the "Terms"). If you do not agree with it, you should leave the Vegifide Website and discontinue use of the Vegifide Services. If you wish to become a Member, communicate with other Members and make use of the Vegifide Services, you must read this Agreement and indicate your acceptance during the Registration process.

This Agreement includes Vegifide.com's policy for acceptable use of the Vegifide Services and Content posted on the Vegifide Website, your rights, obligations and restrictions regarding your use of the Vegifide Services and Vegifide.com's Privacy Policy. In order to participate in certain Vegifide Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Vegifide Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: privacy@vegifide.com, Subject: Terms of Service Agreement.

Please choose carefully the information you post on Vegifide.com and that you provide to other Users. Your Vegifide.com profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Vegifide.com Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Vegifide.com assumes no responsibility or liability for this material. If you become aware of misuse of the Vegifide Services by any person, please contact privacy@vegifide.com.

Vegifide.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Vegifide Services at any time, for any or no reason, with or without prior notice, and without liability.  Vegifide expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of Vegifide Services if Vegifide determines, in its sole discretion, that you pose a threat to Vegifide and/or its Users.

2. Eligibility

Use of and Membership in the Vegifide Services is void where prohibited. By using the Vegifide Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the Vegifide Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age.

3. Term

This Agreement shall remain in full force and full effect while you use the Vegifide Services or are a Member. You may terminate your Membership at any time, for any reason. Vegifide.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect.

4. Password

When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Vegifide.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

5. Non-commercial Use by Members

The Vegifide Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Vegifide.com. Illegal and/or unauthorized use of the Vegifide Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Vegifide Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. We reserve the right to take appropriate legal action for any illegal or unauthorized use of the Vegifide Services.

6. Content Posted

Vegifide.com may delete any Content that in the sole judgment of Vegifide.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Vegifide.com assumes no responsibility for monitoring the Vegifide Services for inappropriate Content or conduct. If at any time Vegifide.com chooses, in its sole discretion, to monitor the Vegifide Services, Vegifide.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

You are solely responsible for the Content that you post on or through any of the Vegifide Services, and any material or information that you transmit to other Members and for your interactions with other Users. Vegifide.com does not endorse and has no control over the Content. Content is not necessarily reviewed by Vegifide.com prior to posting and does not necessarily reflect the opinions or policies of Vegifide.com. Vegifide.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.

7. Content and Activity Prohibited

The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Vegifide Services. Vegifide.com reserves the right to investigate and take appropriate legal action against anyone who, in Vegifide.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the Vegifide Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Vegifide.com:

1. is patently offensive and promotes speciesism, racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. exploits people in a sexual or violent manner;
4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
5. solicits personal information from anyone under 18;
6. provides any telephone numbers, street addresses, last names, URLs or email addresses except where relevant to Review Content;
7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
14. includes a photograph of another person that you have posted without that person's consent; or

The following is a partial list of the kind of activity that is illegal or prohibited on the Vegifide Website and through your use of the Vegifide Services. Vegifide.com reserves the right to investigate and take appropriate legal action against anyone who, in Vegifide.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

15. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
16. advertising to, or solicitation of, any Member to buy or sell any products or services through the Vegifide Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Vegifide Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from advertising or solicitation, Vegifide.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Vegifide.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Vegifide Services, we will take appropriate action, including, but not limited to, deleting content and/or account;
17. covering or obscuring the banner advertisements on your personal profile page, or any Vegifide.com page via HTML/CSS or any other means;
18. any automated use of the system, such as using scripts to add friends or send comments or messages;  
19. interfering with, disrupting, or creating an undue burden on the Vegifide Services or the networks or services connected to the Vegifide Services;
20. attempting to impersonate another Member or person;
21. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
22. selling or otherwise transferring your profile;
23. using any information obtained from the Vegifide Services in order to harass, abuse, or harm another person;
24. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Vegifide Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose; or
25. using the Vegifide Services in a manner inconsistent with any and all applicable laws and regulations.

8. Member Disputes

You are solely responsible for your interactions with other Vegifide.com Members. Vegifide.com reserves the right, but has no obligation, to monitor disputes between you and other Members.

9. Proprietary Rights

Vegifide.com does not claim any ownership rights in the Content that you post to the Vegifide Services, including text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials. After posting your Content to the Vegifide Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the Vegifide Services, you hereby grant to Vegifide.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Vegifide Services.

Without this license, Vegifide.com would be unable to provide the Vegifide Services. For example, without the right to modify Member Content, Vegifide.com would not be able to format Content to satisfy technical requirements. The license you grant to Vegifide.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to Vegifide.com), fully-paid and royalty-free (meaning that Vegifide.com is not required to pay you for the use on the Vegifide Services of the Content that you post) and worldwide (because the Internet and the Vegifide Services are global in reach). This license will terminate at the time you remove your Content from the Vegifide Services. The license does not grant Vegifide.com the right to sell your Content, nor does the license grant Vegifide.com the right to distribute your Content outside of the Vegifide Services.

You represent and warrant that: (i) you own the Content posted by you on or through the Vegifide Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Vegifide Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Vegifide Services.

The Vegifide Services contain Content of Vegifide.com, which is protected by copyright, trademark, patent, trade secret and other laws, and Vegifide.com owns and retains all rights in the Vegifide.com Content and the Vegifide Services. Vegifide.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Vegifide.com Content (excluding any software code) solely for your personal use in connection with viewing the Vegifide Website and using the Vegifide Services.

The Vegifide Services contain Content of Users and other Vegifide.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Vegifide Services.

10. Privacy Policy

Your privacy is important to Vegifide. Vegifide’s Privacy Policy is incorporated into this Agreement by this reference.  Please read this notice carefully for details relating to the collection, use, and disclosure of your personal information.

11. Copyright Policy

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Vegifide.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to Vegifide.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Vegifide Services in a way that constitutes copyright infringement, please provide Vegifide with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Vegifide Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

12. Disclaimer of Warranties

Vegifide.com is not responsible for any incorrect or inaccurate Content posted on the Vegifide Website or in connection with the Vegifide Services, whether caused by Users of the Vegifide Services or by any of the equipment or programming associated with or utilized in the Vegifide Services. Profiles created and posted by Members on the Vegifide Website may contain links to other websites. Vegifide.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Vegifide.com. Inclusion of any linked website on the Vegifide Services does not imply approval or endorsement of the linked website by Vegifide.com. When you access these third-party sites, you do so at your own risk. Vegifide.com takes no responsibility for third party advertisements which are posted on this Vegifide Website or through the Vegifide Services, nor does it take any responsibility for the goods or services provided by its advertisers. Vegifide.com is not responsible for the conduct, whether online or offline, of any User of the Vegifide Services. Vegifide.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Vegifide.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Vegifide Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Vegifide Services. Under no circumstances shall Vegifide.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Vegifide Services, attendance at a Vegifide.com event, from any Content posted on or through the Vegifide Services, or from the conduct of any Users of the Vegifide Services, whether online or offline. The Vegifide Services are provided "AS-IS" and as available and Vegifide.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Vegifide.com cannot guarantee and does not promise any specific results from use of the Vegifide Services.

13. Indemnity

You agree to indemnify and hold Vegifide.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Vegifide Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Vegifide Website or through the Vegifide Services causes Vegifide.com to be liable to another.

14. Limitation of Liability
IN NO EVENT SHALL VEGIFIDE.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR THE MATERIALS CONTAINED ON, OR ACCESSED THROUGH, THIS WEBSITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, VEGIFIDE.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO VEGIFIDE.COM FOR THE VEGIFIDE SERVICES DURING THE TERM OF MEMBERSHIP.

15. U.S. Export Controls
Software available in connection with the Vegifide Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Vegifide Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

16. Legal Compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the Vegifide Services.

17. Disputes

If there is any dispute about or involving the Vegifide Services, you agree that the dispute shall be governed by the laws of the State of Missouri, USA, without regard to conflict of law provisions, as such laws are applied to agreements entered into and to be performed entirely within Missouri between Missouri residents. You and Vegifide agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Missouri.

18. Other

This Agreement is accepted upon your use of the Vegifide Website or any of the Vegifide Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Vegifide.com regarding the use of the Vegifide Services. The failure of Vegifide.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Vegifide.com is a trademark of Vegifide, LLC. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

19. Modification of Terms of Service

Vegifide.com may modify this Agreement from time to time and such modification shall be effective upon posting by Vegifide.com on the Vegifide Website. You agree to be bound to any changes to this Agreement when you use the Vegifide Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please contact us at: privacy@vegifide.com with any questions regarding this Agreement.