Effective Date: March 4, 2018
The following Terms and Service (“Terms”, “Terms of Service”), govern your access to and use of the Plant Based website, including ordering, functionality and services offered on or through www.plantbasefor.me (the “Site”).
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Eligibility for Plant Based services.
Our services are available only to individuals and business entities (including but not limited to sole proprietorships) in good legal standing that can form legally binding contracts under applicable law. Customers hereby represents and warrants that it is duly licensed to do business and is in good legal standing in the jurisdictions in which it does business (during the term of this agreement) that it is not a competitor of Plant Based, and that the person agreeing to this agreement for customer is at least thirteen years of age and otherwise capable of and authorized to enter binding contracts for customer
We do our best to keep Plant Based safe, but we cannot guarantee it. We need your help to keep Plant Based safe, which includes the following commitments by you:
- You will not post unauthorized commercial communications (such as spam).
- You will not collect users’ content or information, or otherwise access Plant Based, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Plant Based.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- You will not use Plant Based to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working or appearance of Plant Based, such as a denial of service attack or interference with page rendering or other Facebook functionality.
- You will not facilitate or encourage any violations of this Statement or our policies.
Plant Based services
Subject to the terms and conditions of this agreement,Plant Based makes certain services available to customer. For the purposes of this agreement: (a) “user” (or “you”) means the individual or business entity that is using or registering to use the services, including its employees and agents; (b)Plant Based “services” means those electronic or interactive services offered by Plant Based. Plant Based reserves the right to change or discontinue any of the services at any time.
You acknowledge that all materials (except those uploaded by users) provided on this website, including but not limited to information, documents, products, logos, graphics, sounds, GUI, software, and services (collectively “materials”), are provided either by Plant Based or by their respective third party authors, developers and vendors (collectively “third party providers”) and the underlying intellectual property rights are owned by Plant Based and/or its third party providers. Elements of the website are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
Customer represents and warrants that the information it provides in Plant Based contact information forms is true, accurate, current and complete. customer agrees to maintain and update this information to ensure that it is true, accurate, current and complete. if, at any time, any information provided by customer is untrue, inaccurate, not current or incomplete,Plant Based will have the right to suspend or terminate customer’s account and this agreement.
5.1 Authorized users may designate persons to act as its agents to use the services, provided that each designated person has the legal capacity to enter into binding contracts for user. furthermore, customer represents and warrants that each person who registers under customer’s account is an authorized agent of customer (an “authorized user”) who has such legal capacity.
responsibility for access
User is solely responsible and liable for any and all access to and use of the services (including all activities and transactions) by any authorized user and/or user id registered under user’s account, unless such access to or use of the services is the direct result solely of the gross negligence of Plant Based.
responsibility for user ids and passwords
User is solely responsible for maintaining the confidentiality of user access information, i.e. account id’s and passwords of its authorized users, and are responsible for all activities that occur under your account.
notification of unauthorized use
User will immediately notify Plant Based if user notices any activity indicating that user’s account or data is being used without authorization, including: (a) customer has received confirmation of a password change or any similar conflicting report; or (b) user becomes aware of any unauthorized use of any product or service related to its account(s).
User has sole responsibility and liability for the data it stores on Plant Based servers. User controls its data through its generated link. Plant Based encourages user to archive its data regularly and frequently; user bears full responsibility for archiving its data and sole liability for any lost or irrecoverable data. User agrees to maintain its data in compliance with its legal obligations. Plant Based will delete customer data upon termination of this agreement. however, Plant Based may retain customer data in its archives after deletion and will not be liable to customer in any way for such retained data.
you agree to not use Plant Based’s service to:
a. upload, post, e-mail, transmit or otherwise make available any content that spreads messages of terror or depicts torture or death-gui; if serious enough, the content will be reported to the appropriate legal authority and/or the member’s isp will be contacted;
b. harm minors in any way, this includes any form of child pornography; if serious enough, the content will be reported to the appropriate legal authority and/or the member’s isp will be contacted;
c. upload, post, e-mail, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
Plant Based neither sanctions nor permits site content or the transmission of data that contains illegal or obscene material or fosters or promotes illegal activity, including but not limited to, gambling, the offering for sale of illegal weapons, and the promotion or publication of any material that may violate hate crimes legislation.
Plant Based reserves the right to immediately suspend or terminate any account or transmission that violates this policy, without prior notice. further, should user violate this policy, Plant Based will actively assist and cooperate with law enforcement agencies and government authorities in collecting and tendering information about user, user’s site, the illegal or obscene content, and those persons that may have inappropriately accessed, acquired, or used the illegal or obscene content.
8.2 wrongful conduct
User shall not commit or permit wrongful or damaging acts which justify civil action including, but not limited to, posting of defamatory, scandalous, or private information about a person without their CONSENT OR INTENTIONALLY INFLICTING EMOTIONAL DISTRESS.
8.3 access and interference
violations or attempts to violate Plant Based systems or to interrupt Plant Based services are strictly prohibited, and may result in criminal and civil liability. examples of system violations include, without limitation:
(a) unauthorized access to or use of Plant Based services, including any attempt to probe, scan or test the vulnerability of a system or to breach security or authentication measures without express authorization of Plant Based; or (b) interference with service to any customer or network including, without limitation, flooding, or deliberate attempts to overload a system and broadcast attacks; or (c) use of any device, software, or routine to interfere or attempt to interfere with the proper working of the services; or (d) any action that imposes an unreasonable or disproportionately large load on Plant Based’s infrastructure
User shall not decompile, disassemble, decrypt, extract, reverse engineer or otherwise attempt to derive the source code of the “software tools” (including the tools, methods, processes, and infrastructure) underlying the services or any other software on the Plant Based website.
8.4 copyright or trademark infringement
Plant Based services may be used only for lawful purposes. transmission, distribution or storage of any material in violation of any applicable law or regulation, including export control laws, is prohibited. This includes, without limitation, material protected by patent, copyright, trademark, service mark, trade secret or other intellectual property rights. If you use another party’s material, you must obtain prior authorization. by using the services, you represent and warrant that you are the author and copyright owner and/or proper licensee with respect to any hosted content and you further represent and warrant that no content violates the trademark or rights of any third party. Plant Based reserves the right to suspend or terminate a customer’s transmission(s) that, in Plant Based’s discretion, violates these policies or violates any law or regulation.
8.5 misuse of system resources
User shall not misuse system resources including, but not limited to, employing content which consume excessive cpu time or storage space; utilizing excessive bandwidth.
8.6 other activities
whether lawful or unlawful, Plant Based reserves the right to determine what is harmful to its customers, operations or reputation, including any activities that restrict or inhibit any other user from using and enjoying the service or the internet. Please be aware Plant Based reserves the right to cancel any account or transmission they find in violation of any of the above policies. if appropriate, Plant Based will refer complaints to law enforcement authorities, and in such case, Plant Based will actively assist law enforcement agencies with the investigation and prosecution of any such activities, including surrendering customer account and data information. Complaints about violators of our policy can be sent via e-mail form at to http://plantbased.com/contact. Each complaint will be investigated and may result to immediate cancellation of services without prior notice.
You agree to defend, indemnify, and hold harmless Plant Based, its affiliates, officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal fees, alleging or resulting from your use the service, or your breach of this agreement or other Plant Based policies, terms and conditions.
11. limitation of liability
Your use of Plant Based is at your own risk. If you are dissatisfied with any aspect of our service or with these terms & conditions, or any other rules or policies, your sole remedy is to discontinue use of the service. You expressly understand and agree that Plant Based shall not be liable for any direct, indirect, incidental, special, consequential exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
12. modifications to agreements, policies or to our services
We reserve the right to change this service agreement at any time without notice. We also reserve the right at any time to modify or discontinue the service, temporarily or permanently, with or without notice to you. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the service. You acknowledge that we may establish general practices and limits concerning use of the service.
13.1 without limiting other remedies, Plant Based may immediately issue a warning, suspend (i.e., lock out access and operation of services for customer) either temporarily or indefinitely, or terminate customer’s account and refuse to provide services to customer if: (a) Plant Based believes that user has violated or acted inconsistently with this agreement, or any of our policies; or (b) Plant Based is unable to verify or authenticate any information customer provides to Plant Based; or (c) Plant Based believes that customer’s actions may cause legal liability for customer, Plant Based’s other users, or Plant Based.
Plant Based may also in its sole discretion and at any time discontinue providing the service, or any part thereof, with or without notice. You agree that any termination of your access to the service under any provision of these terms and conditions may be effected without prior notice, and acknowledge and agree that Plant Based may immediately deactivate, archive or delete your account and all related information and data and/or any further access to such data or the service. further, you agree that Plant Based shall not be liable to you or any third-party for any termination of your access to the service.
Upon termination of this agreement by either user or Plant Based, all of user rights under this agreement, and Plant Based provision of services, will terminate immediately.
13.2 the sections 6 (“customer data”), 9 (“no warranty”), 10 (“indemnity”), 11 (“limitation of liability”) and this section 13 will survive any termination of this agreement.
These terms and conditions will be governed by and construed in accordance with the laws of the state of Missouri, excluding that body of law governing conflict of laws. Any legal action or proceeding relating to or arising out of these terms or your use of the website will be brought in a federal or state court in Jackson county, Missouri, and you submit to the venue and personal jurisdiction of such court. If any provision of these terms is held to be invalid or unenforceable, such provision will be enforced to the greatest extent possible and the remaining provisions will remain in full force and effect. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Plant Based’s failure to act with respect to a breach by user or others does not waive Plant Based’s right to act with respect to subsequent or similar breaches. No action by user arising under this agreement may be brought at any time more than twelve (12) months after the facts occurred upon which the cause of action arose.
User and Plant Based are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this agreement.
User may not assign any of its rights, or delegate any of its duties, under this agreement, and any attempted assignment will be null and void.
14.4 force majeure
Operation of our services may be interfered with by numerous factors outside of our control and we shall not be liable to you for any delay or failure in performance under this agreement resulting directly or indirectly from causes beyond Plant Based’s control.
If any provision of this agreement is held to be invalid or unenforceable, such provision shall be struck, as narrowly as possible, and the remaining provisions shall be enforced. headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
14.6 If any provision of this agreement is held to be invalid or unenforceable, such provision shall be struck, as narrowly as possible, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. You represent and warrant to Plant Based that (a) you shall keep publicly unannounced information and materials pertaining to Plant Based, pre-release software, testing or testing procedures strictly confidential and (b) you shall not use any information gained from access to the Plant Based website or use of thePlant Based services to compete with Plant Based in its business.
except for other agreements or terms appearing on the website, this agreement set forth the entire understanding and agreement between us with respect to the subject matter hereof.
any questions relating to our legal agreements and policies may be directed to http://www.Something To Laugh At.com/contact
minimum age requirement
In order to access and/or use the platform, you must be at least thirteen years of age. In the event that we believe or are advised that a third party believes you not to be the age of thirteen or older, we will immediately terminate your account and we may, in our sole discretion, provide all information related to your account and use of the platform to law enforcement. Any and all suspected minors, including all of their account information, will be reported to the united states national center for missing and exploited children (“ncmec”).