Terms of Use
TERMS AND CONDITIONS OF USE
Last Updated:
06/16/23
The following Terms
and Conditions of Use (“Terms”) are entered into by and between You and Night
Owl Vegan (“Company,” “we” or “us”).
These Terms, together
with our Privacy Policy, Disclaimer, and any other documents expressly
incorporated by reference, govern your use of the website https://www.nightowlvegan.com/
(“Website”), including all materials, resources, information, and services on
the Website, whether as a guest or registered user.
Your access to and
use of the Website is conditioned on your acceptance of and compliance with
these Terms. These Terms apply to all visitors, users, customers, and others
who access or use the Website.
By accessing or using
the Website you agree to be bound by these Terms, without modification, and
acknowledge reading them. If you disagree with any part of the Terms, you may
not access the Website.
PRIVACY POLICY
Your use of the
Website is also subject to the Company’s Privacy Policy . Please review
our Privacy Policy, which also governs the Website and informs users of our
data collection practices. Your agreement to the Privacy Policy is hereby
incorporated into these Terms.
DISCLAIMER
Your use of the
Website is also subject to the Company’s Disclaimer. Please review our
Disclaimer, which also governs the Website and informs users of various
limitations regarding the information provided on the Website. Your agreement
to the Disclaimer is hereby incorporated into these Terms.
USE OF THE WEBSITE
To access or use the
Website, you must be 18 years of age or older and have the requisite power and
authority to enter into these Terms. Children under the age of 18 are
prohibited from using the Website. Information provided on the Website and any
resources provided on or available for download from the Website are subject to
change. The Company makes no representation or warranty that the information
provided, regardless of its source, is accurate, complete, reliable, current,
or error-free. The Company disclaims all liability for any inaccuracy, error,
or incompleteness in the information provided.
The Company reserves
the right to withdraw or amend this Website and any service or material
provided on the Website in its sole discretion without notice. The Company will
not be liable if, for any reason, all or any part of the Website is unavailable
at any time or for any period. From time to time, the Company may restrict
access to some parts of the Website, or the entire Website, to users, including
registered users.
LAWFUL PURPOSES
You may use the
Website for lawful purposes only. You agree to be financially responsible for
all purchases made by you or someone acting on your behalf through the Website.
You agree to use the Website and to purchase services or products through the
Website for legitimate, non-commercial purposes only. You shall not post or
transmit through the Website any material that violates or infringes the rights
of others, or that is threatening, abusive, defamatory, libelous, invasive of privacy
or publicity rights, vulgar, obscene, profane, or otherwise objectionable,
contains injurious formulas, recipes, or instructions, that encourages conduct
that would constitute a criminal offense, give rise to civil liability, or
otherwise violate any law.
USE OF FREE
DOWNLOADABLE CONTENT
The Company may make
resources on this Website accessible to users in exchange for providing an
e-mail address (“Gated Content”). The Company grants you a limited, personal,
non-exclusive, non-transferable license to use the Gated Content for your
own personal or internal business use. Except as otherwise provided, you
acknowledge and agree that you have no right to modify, edit, copy, reproduce,
create derivative works of, reverse engineer, alter, enhance or in any way
exploit any of the Gated Content in any manner.
By accessing or
downloading the Gated Content, you agree that the Gated Content you may only be
used by you for your personal or internal business use and may not be sold or
redistributed without the express written consent of the Company.
By accessing
downloading the Gated Content, you further agree that you shall not create any
derivative work based upon the Gated Content and you shall not offer any
competing products or services based upon any information contained in the
Gated Content.
MATERIAL YOU SUBMIT
TO THE WEBSITE
By posting,
uploading, submitting, inputting, providing, or otherwise making available any
artwork, photos, written works, or other media, including feedback and
suggestions (collectively, “Submissions”), you are granting the Company, our
affiliated companies, and any necessary sub-licensees a worldwide,
nonexclusive, irrevocable license to use your Submission for promotional,
business development, and marketing purposes including, without limitation, the
right to: copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate, and reformat your Submission; and to publish your
name in connection with your Submission.
We claim no
intellectual property rights over the Submissions you supply to the Company.
You retain copyrights and any other rights you may rightfully hold in any
Submissions that you submit through the Website.
You shall not upload,
post, submit, input or otherwise make available on the Website any Submissions
protected by copyright, trademark, or other proprietary right without the
express written permission of the owner of the copyright, trademark, or other
proprietary right, and the burden of determining that any Submissions are not
so protected rests entirely with you. You shall be liable for any damage
resulting from any infringement of copyrights, trademarks, or other proprietary
rights, or any other harm resulting from such a Submission.
For all Submissions
submitted by you to the Website, you automatically represent or warrant that
you own or otherwise control all the rights to your Submission described herein
including the authority to use and distribute the Submission, and that the use
or display of the Submission as contemplated in this section will not violate
any laws, rules, regulations, or rights of third parties. You agree to hold the
Company harmless from and against all claims, liabilities, and expenses arising
out of any potential or actual copyright or trademark misappropriation or
infringement claimed against you arising from Submissions you submit through
the Website.
You further you grant
us the right to use your Submission for the purpose of improving our Website,
products or services (and for any other purpose we deem necessary or desirable)
without being obliged to pay you any compensation for our use of your
Submission. The Company is under no obligation to post or use any Submission
you may provide and may remove any Submission at any time in the Company’s sole
discretion. If you do send us unsolicited ideas, such ideas will be deemed
non-confidential, and we will not be required to provide any acknowledgement of
their source.
OUR INTELLECTUAL
PROPERTY
The Website contains
intellectual property owned by the Company, including trademarks, copyrights,
proprietary information, and other intellectual property. We reserve all rights
in and to our common law and registered trademarks, service marks, copyrights,
and other intellectual property rights, including but not limited to text,
graphics, photographs, video, design, and packages, belonging to the Company or
to our licensors (“IP”). You may not modify, publish, transmit,
participate in the transfer or sale of, create derivative works from,
distribute, display, reproduce or perform, or in any way exploit in any format
whatsoever any of our IP in whole or in part, without our prior written
consent. We reserve the right to immediately block your access to the Website
and remove you from any service, without refund, if you are caught violating
this intellectual property policy.
You are granted a
non-exclusive, non-transferable, revocable license to access and use the
Website and the resources available for download from the Website (the
“Content”) strictly in accordance with these Terms of Use.
As a condition of
your use of the Website, you warrant to the Company that you will not use the
Content for any purpose that is unlawful or prohibited by these Terms. You may
not use the Content in any manner that could damage, disable, overburden, or
impair the Website or interfere with any other party’s use and enjoyment of the
Website. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the
Website.
All content included
as part of the Content, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Website, is the property of
the Company or its suppliers and protected by copyright and other laws that
protect intellectual property and proprietary rights. You agree to observe and
abide by all copyright and other proprietary notices, legends or other
restrictions contained in any such content and will not make any changes
thereto.
You will not modify, publish,
transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the Content, in whole or in
part.
The Content is not
for resale. Your use of the Content does not entitle you to make any unauthorized
use of any protected content, and in particular you will not delete or alter
any proprietary rights or attribution notices in any Content. You will use
protected content solely for your individual use and will make no other use of
the Content without the express written permission of the Company and the
copyright owner. You agree that you do not acquire any ownership rights in any
protected content. We do not grant you any licenses, express or implied, to the
intellectual property of the Company or our licensors except as expressly
authorized by these Terms.
The Company name, the
Company logo, the Company slogan, and all related names, logos, product and
service names, designs, and slogans are trademarks of the Company or its
affiliates or licensors. You must not use such marks without the prior written
permission of the Company. All other names, logos, product and service names,
designs and slogans on this Website are the trademarks of their respective
owners.
CHANGED TERMS
We may at any time
amend these Terms, including our Privacy Policy and Disclaimers. The date of
the last revision will be indicated by the “Last updated” date at the top of
this page. Such amendments are effective immediately upon notice to you by us
posting the new Terms on this Website. We reserve the right to update any
portion of our Website, including these Terms, at any time. If you continue to
use our Website after we have made revisions, your continued use constitutes
consent to the revised Terms, Privacy Policy and Disclaimers.
WARRANTIES
While we make every
effort to ensure that the content on this Website is free from errors, we do
not give any warranty or other assurance as to the accuracy, completeness,
timeliness or fitness for any particular purpose of the content and materials
on this site beyond reasonable efforts to maintain the site. To the maximum
extent permitted by law, we provide our website and related information and
services on an “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY
WARRANTIES, REPRESENTATIONS, OR GUARANTEES OF ANY KIND (WHETHER EXPRESS,
IMPLIED, STATUTORY, OR OTHERWISE) INCLUDING BUT NOT LIMITED TO WARRANTIES OF
NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF
LIABILITY
YOU AGREE THAT UNDER
NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT
OF YOUR USE OF THE WEBSITE OR RESOURCES, PRODUCTS OR SERVICES AVAILABE THROUGH
THE WEBSITE.
ADDITIONALLY, THE
COMPANY IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF
PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE
OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS,
SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF,
UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY,
REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE
AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER
THEORY OF LEGAL LIABILITY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE
POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES.
IN THOSE STATES THAT
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR
LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL
THE COMPANY’S TOTAL LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF ANY
PRODUCTS OR SERVICES YOU HAVE PURCHASED FROM THE COMPANY.
AVAILABILITY
Your use of the
Website and any associated services may sometimes be subject to interruption or
delay. Due to the nature of the Internet and electronic communications, we and
our service providers do not make any warranty that our Website or any associated
resources or services will be error-free, without interruption or delay, or
free from defects in design. We will not be liable to you should our Website or
the resources or services supplied through our Website become unavailable,
interrupted or delayed for any reason.
MALICIOUS CODE
Although we endeavor
to prevent the introduction of viruses or other malicious code (“malicious
code”) to our Website, we do not guarantee or warrant that our Website, or any
data available on the Website, does not contain malicious code. We will not be
liable for any damages or harm attributable to malicious code. You are
responsible for ensuring that the process you employ for accessing our Website
does not expose your computer system to the risk of interference or damage from
malicious code.
SECURITY
The security of your
contact information is of utmost importance to us. However, you
acknowledge the risk of unauthorized access to, or alteration of, your data. We
do not accept responsibility or liability of any nature for any losses you may
sustain as a result of such unauthorized access or alteration. All
information transmitted to or from you is transmitted at your own risk, and you
assume all responsibility and risks arising in relation to your use of this Website
and the internet. We do not accept responsibility for any interference or
damage to your computer system that may arise in connection with your access of
this Website or any outbound hyperlinks.
THIRD PARTY RESOURCES
The Website contains
links to third party websites and resources. You acknowledge and agree that we
are not responsible or liable for the availability, accuracy, content, or
policies of third-party websites or resources. Links to such websites or
resources do not imply any endorsement by or affiliation with the Company. You
acknowledge sole responsibility for and assume all risk arising from your use
of any such websites or resources.
The Company may, from
time to time, provide information from a third party in the form of a guest
post or interview, in written, audio, video, or other medium. The Company does
not control the information provided by such third-party guests, is not
responsible for investigating the truth of any information provided and cannot
guarantee the veracity of any statements made by such guests.
INDEMNIFICATION
You shall indemnify
and hold us harmless from and against any and all losses, damages, settlements,
liabilities, costs, charges, assessments, and expenses, as well as third party
claims and causes of action, including, without limitation, attorney’s fees,
arising out of your breach of any of these Terms, your use of the Website, its
content, and any product or service purchased from the Website, or your failure
to maintain the confidentiality and/or security of your password or access
rights to this Website and its resources. You shall provide us with such
assistance, without charge, as we may request in connection with any such
defense, including, without limitation, providing us with such information,
documents, records, and reasonable access to you, as we deem necessary. You
shall not settle any third-party claim or waive any defense without our prior
written consent.
EFFECT OF HEADINGS;
SEVERABILITY
The subject headings
of the paragraphs and subparagraphs of this Agreement are included for
convenience only and shall not affect the construction or interpretation of any
of its provisions. If any portion of these Terms are held to be unenforceable
or contrary to law, such portion shall be construed in accordance with applicable
law so as to best accomplish the objectives of the original provision to the
fullest extent allowed by law, and the remainder of the provisions shall remain
in full force and effect.
ENTIRE AGREEMENT;
WAIVER
These Terms, together
with the Privacy Policy and Disclaimers, constitute the entire agreement
between you and the Company pertaining to the Website and supersedes all prior
and contemporaneous agreements, representations, and understandings between us.
Any waiver by us of a breach of or right under these Terms will not constitute
a waiver of any other or subsequent breach or right. No waiver shall be binding
unless executed in writing by the Company.
GOVERNING LAW;
JURISDICTION; MEDIATION
These Terms,
including with the Privacy Policy and Disclaimers shall be construed in
accordance with, and governed by, the laws of the State of Maryland and the
courts of Maryland shall have jurisdiction to hear and determine any dispute
arising in relation to these Terms. You agree that any proceeding
relating to use of this site must be filed exclusively in the appropriate
courts located in Maryland and you submit to the jurisdiction of those courts
and waive any objection based on an inconvenient forum or other reasons.
The parties agree to
attempt to resolve any dispute, claim, or controversy arising out of or
relating to these Terms by mediation. The parties further agree that their
respective good faith participation in mediation is a condition precedent to
pursuing any other available legal or equitable remedy, including litigation,
arbitration, or other dispute resolution procedures.
ALL RIGHTS RESERVED
All rights not
expressly granted in these Terms are reserved by us. If you do not see a usage
scenario here that applies to your intended usage contact us at info@nightowlvegan.com.
CONTACT INFORMATION
The owner of this
website is Night Owl Vegan LLC. You may contact us by email at info@nightowlvegan.com.