Last Updated: May 05, 2013.
Vitamin Angel Alliance, whose registered office is at 6500 Hollister Ave Suite 130, Santa Barbara, CA, trading as Vitamin Angels (“VA”), operates www.vitaminangels.org (the “Website”). These are the Terms and Conditions which govern your use of the Website. Please read these Terms and Conditions carefully. If you elect to access or otherwise use the Website, you will be deemed to have agreed to these Terms and Conditions. If you do not wish to be bound by these Terms and Conditions, you should not continue to use or access the Website.
These Terms and Conditions may change or be updated from time to time. It remains your responsibility to access and check these Terms and Conditions wherever you access the Website. The latest version of these Terms and Conditions will govern any future usage by you of the Website.
Protecting your password
When you register with VA and choose a password to protect your secure account, you are responsible for maintaining the confidentiality of your password. If you become aware of any unauthorized use of your password, you agree to notify VA and to change your password immediately.
From time to time, VA may launch social media campaigns and/or other campaigns through our Website or other means and may invite you to participate in such campaigns by submitting, providing and/or otherwise making available to VA certain content, such as videos, photos, audio, RSS feeds, podcasts, articles, blogs, and other such works of authorship, which may be created, submitted and shared with VA through the Website, VA’s Facebook page, VA’s Twitter page or other media outlets (“User Content”). You represent that your User Content (whether or not you are the author of such content) complies at all times (both when first submitted and throughout its accessibility on the Website) with these Terms and Conditions and all applicable laws.
By transmitting any User Content you hereby grant and will grant VA a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable (through multiple tiers), perpetual, irrevocable license to reproduce, copy, create derivative works of, display, transmit, perform, distribute, cache, store, resell, market, promote, modify and otherwise fully use and exploit your User Content in any way (for commercial purposes or otherwise), in any form, medium or technology now known or later developed, without compensation or acknowledgement to you. You hereby waive any claims you may have based on any usage of User Content or the works derived therefrom including but not limited to claims for invasion of privacy, publicity or libel. To the extent allowed by law, any license you grant VA hereunder includes all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be referred to as “moral rights,” “artist’s rights,” “droitmoral,” or the like. Furthermore, you agree that notwithstanding any rights of publicity, privacy or otherwise (whether or not statutory) anywhere in the world, and without any further compensation, VA may and is hereby authorized to (and to allow others to) use your image in connection with your User Content. To the extent any of the foregoing is ineffective under applicable law, you hereby provide all ratifications and consents necessary to accomplish the purposes of the foregoing to the extent possible. If any other person appears or is mentioned in your User Content, you represent and warrant that you have obtained the foregoing ratifications, consents and authorizations from such person for VA’s benefit.
- You must not upload or otherwise make available to VA through the Website and/or through social media pages and/or accounts with which VA is affiliated, any offensive, obscene or racist content, including, without limitation, any photographs. VA does not actively edit the Website but reserves the right to remove or edit any content posted on the Website at its sole discretion and without notice, regardless of whether or not it is, in the opinion of any third party, offensive, obscene or racist. If you notice any such content, please email us at firstname.lastname@example.org.
- If you build a personal fundraising page on the Website or create, submit or share User Content through the Website and/or through social media pages and/or accounts with which VA is affiliated, it is your responsibility to ensure that the content you are uploading on your page is not copyright-protected. If it is, you must obtain the copyright owner’s written consent to use it. VA reserves the right to remove any pictures, photographs, video copy and/or content from personal fundraising pages, at its sole discretion and without notice if their copyright status is in any doubt. If you suspect a breach of copyright on the Website, please email us at email@example.com.
- Other than in relation to your own personal fundraising page, you may not remove or change anything on the Website.
In addition, you as a user must not:
- misrepresent your identity or affiliation with any other person or organization;
- use the website to send junk email or ‘spam’ to people who do not wish to receive email from you;
- use the Website to conduct, display or forward surveys, raffles, lotteries, contests, pyramid schemes or chain letters;
- engage in any conduct or transmit any content that would interrupt, destroy, limit or more generally harm the Website, including by using viruses, malicious computer code, programs or files.
VA reserves the right to cancel your membership and delete any personal fundraising page without notice in the event of a breach of the above rules.
Building a personal fundraising page in aid of Vitamin Angels in no way implies VA’s endorsement of your fundraising activity. VA reserves the right, at its absolute discretion and without notice, to cancel your personal fundraising page at its sole discretion if VA deems your fundraising activity inappropriate or unnecessarily dangerous.
The Website may contains links to other websites. Inclusion of a link to another website does not imply endorsement of its content or opinions. Your relationship and any transactions with other organizations through their websites or otherwise are your own responsibility.
Third party services
From time to time, the Website may enable online services, such as social networking sites or payment processing sites. VA is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with third party services. As such, VA is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party service. VA enables these features merely as a convenience and the inclusion of such features does not imply an endorsement or recommendation.
VA may from time to time select partners offering relevant information and services that we believe will enhance our provision for visitors to the Website. Whilst we will do our best to select partners of the highest integrity, we are not responsible for any aspect of the information or services offered by them, and if you choose to use their services you do so at your own risk.
Except for User Content, all content on the Website is owned by VA or other original providers, and is protected by the applicable intellectual property and proprietary rights and laws. You may copy content for your own personal, non-commercial use provided you do not alter it or remove any copyright, trade mark or other proprietary notice. No other use of the Website’s content is permitted without the express prior permission of VA, and, where applicable, the copyright holder. Inquiries and permission requests may be sent to firstname.lastname@example.org.
Changes to the service
VA will make every effort to ensure that the Website and other services are available continuously, but reserves the right to modify, suspend or discontinue all or any part at any time with or without notice. Unless specifically exempted, any new features, services or software applications introduced shall be subject to these Terms and Conditions.
Failure to comply with these Terms and Conditions
In the event that you commit a breach of these Terms and Conditions VA reserves the right at its sole discretion to immediately and without notice suspend or permanently deny your access to all or part of the Website and services.
You may discontinue use of the Website and services at any time. These Terms and Conditions will continue to apply to past use by you.
Disclaimer and limitation of liability
You agree that your use of the Website is on an “as is” and “as available” basis and that your use of the Website is at your sole risk. VA does not guarantee continuous uninterrupted or secure access to our services and operation of the Website may be interfered with by numerous factors outside of our control. On that basis, except as expressly set out in these Terms and Conditions, JG does not provide conditions, warranties or other terms in relation to the Website, to the extent permissible by law.
In no event shall VA be liable (whether for breach of contract, negligence or for any other reason) for any loss or damage which you may claim to have suffered by reason of your accessing and use of the Website, including (but not limited to) loss of profits, exemplary or special damages, loss of sales, loss of revenue, loss of goodwill, loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, loss of or waste of management or other staff time, or for any indirect, consequential or special loss, however arising.
VA may change the format and content of the Website from time to time. You should refresh your browser each time you visit the Website to ensure that you download the most up to date version of the Website, including the latest version of these Terms and Conditions.
These Terms and Conditions are governed by California law. As a user of the Website, you consent to the exclusive jurisdiction of the state and federal courts located in Santa Barbara County, CA.