Vivanda FlavorPrint Terms of Service
These Terms of Service describe the terms and conditions applicable to your use of www.myflavorprint.com and all other websites and applications operated by Vivanda, Inc (“Vivanda” “we,” “our,” or “us”) that link to these Terms of Service (the “Online Services”). Your access to and use of the Online Services and the information, materials, products, and services available through the Online Services is subject to all applicable laws and regulations and to these Terms of Service. By accessing any of the Online Services, you acknowledge that you have read and understand these Terms of Service, and that you agree to be bound by its terms and conditions.
We reserve the right to modify these Terms of Service at any time. Such modifications shall be effective immediately upon notice to you, which may be given by any means including, without limitation, by posting a new Terms of Service at www.myflavorprint.com/terms. Accessing the Online Services after such notice shall be deemed to constitute acceptance of such modifications.
Content/scope of use
All text, graphics, user interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, and other materials contained on the Online Services (collectively, “Content”) is owned, controlled, or licensed by or to Vivanda, and is protected by trade dress, copyright, patent, and trademark laws, and various other intellectual property rights and laws. No license to or right in any such Content is granted to or conferred upon you. Except as expressly provided in these Terms of Service, you may not use, modify, copy, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, edit, adapt or create a derivative work of, in any manner, any Content or any other part of the Online Services, without Vivanda’s express prior written consent.
Notwithstanding the above, you may view, use, download, and print selected portions of the Online Services solely for your own personal, non-commercial, informational use, provided that you do not republish the Content and that you keep intact all copyright, trademarks, servicemarks, attributions, patent, and other proprietary notices.
All Vivanda trademarks are the exclusive property of Vivanda. Unauthorized use of any Vivanda trademark, service mark, or logo may be a violation of federal and state and applicable foreign trademark laws.
The Online Services are protected by United States and foreign copyright laws. Except for your own personal, non-commercial, informational use as authorized above, you may not modify, reproduce, or distribute the design or layout of the Online Services or individual sections of the design or layout of the Online Services or logos without Vivanda’s written permission.
Your provision of personal information to us
When you provide information about yourself to us, you agree to provide accurate, current, and complete information about yourself. If you provide any such information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate any account you establish in connection with your use of the Online Services and refuse any and all current or future use of the Online Services or any portion thereof.
You understand that all information, data, or other materials that you or another user provide in connection with the Online Services or otherwise communicate to us (“User-Provided Content”), including, but not limited to, pictures and recipe reviews, are the sole responsibility of the person from whom such User-Provided Content originated. This means that you, and not us, are responsible for all User-Provided Content that you upload, post, email, transmit, or otherwise make available in connection with the Online Services. We do not control the User-Provided Content posted and, as such, do not guarantee the accuracy, integrity, or quality of any User-Provided Content. You understand that by using the Online Services, you may be exposed to User-Provided Content that is offensive, indecent, or objectionable. Under no circumstances will we be liable in any way for any User-Provided Content, including, but not limited to, for any errors or omissions in any User-Provided Content, or for any loss or damage of any kind incurred as a result of the publication or use of any User-Provided Content posted, emailed, transmitted, or otherwise made available in connection with the Online Services.
By submitting any User-Provided Content to Vivanda, you represent and warrant that:
- all “moral rights” that you may have in such content have been voluntarily waived by you;
- all content that you post is accurate, does not violate these Terms of Service, and will not cause injury to any person or entity; and
- you are at least 13 years old.
All User-Provided Content that you submit may be used at Vivanda’s sole discretion. Vivanda reserves the right to change, condense, delete, or refuse to post any User-Provided Content on the Online Services in its sole discretion. Vivanda does not guarantee that you will have any recourse through Vivanda to edit or delete any User-Provided Content you have submitted. None of the User-Provided Content that you submit shall be subject to any obligation of confidence on the part of Vivanda, its agents, subsidiaries, affiliates, partners, or third-party service providers and their respective directors, officers, and employees.
You agree to comply with all laws, rules, and regulations applicable to your use of the Online Services. In addition, you agree not to:
- upload, post, email, transmit, or otherwise make available any User-Provided Content that is known by you to be false, inaccurate, or misleading;
- upload, post, email, transmit, or otherwise make available any User-Provided Content that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti- discrimination, or false advertising);
- upload, post, email, transmit, or otherwise make available any User-Provided Content that is, or may reasonably be considered to be, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or that harms minors in any way;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any User-Provided Content transmitted in connection with the Online Services;
- upload, post, email, transmit, or otherwise make available any User-Provided Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit, or otherwise make available any User-Provided Content that infringes any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes,"or any other form of solicitation;
- upload, post, email, 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;
- install any software, file, or code that is not authorized by the user of a computer or device or that assumes control of all or any part of the processing performed by a computer or device without the authorization of the user of the computer or device; or
- interfere with or disrupt the operation of the Online Services or server networks connected to the Online Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Online Services.
Your grant of limited license
The Online Services may contain links to websites published by other content providers. Also, at your request, the Online Services may connect to social networking websites that are not owned or controlled by us. These other websites are not under our control, and you acknowledge and agree that we are not responsible for the accuracy, collection, and use of your information, copyright compliance, legality, decency, or any other aspect of such websites or the content displayed on or through them. The inclusion of such a link does not imply our endorsement of any such website or the content displayed on or through it or any association with its operators, and we disclaim all liability with respect to such linked websites, including but not limited to your access to and/or use of the same.
Unless otherwise set forth in a written agreement between you and Vivanda, you must adhere to Vivanda’s linking policy as follows: (i) any link to the Online Services must be a text only link clearly marked "Vivanda Website," (ii) the appearance, position, and other aspects of the link may not be such as to damage or dilute the goodwill associated with Vivanda’s names and trademarks, (iii) the link must “point” to one of the Online Services, (iv) the appearance, position, and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Vivanda, (v) when selected by a user, the link must display one of the Online Services on full-screen and not within a “frame” on the linking website, and (vi) Vivanda reserves the right to revoke its consent to the link at any time and in its sole discretion.
Information, news, and press releases
The Online Services may contain information, news, and/or press releases about us. We disclaim any duty or obligation to update any such information, news, or press releases, and your reliance on information contained in these materials is at your own risk.
Registration and passwords
The Online Services may permit or require you to register or obtain a password prior to permitting access to certain products or services available through the Online Services. You acknowledge and agree that you are responsible for maintaining the confidentiality of your registration information and password, and for all uses of your registration information, account, and/or password.
Disclaimer of warranties
YOU USE THE ONLINE SERVICES AT YOUR SOLE RISK. THE ONLINE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR NON-MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION. VIVANDA DOES NOT WARRANT THAT THE ONLINE SERVICES WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. IN ADDITION, VIVANDA DOES NOT WARRANT THAT INFORMATION AVAILABLE ON OR THROUGH THE ONLINE SERVICES IS APPROPRIATE, ACCURATE, OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION, AND ACCESSING IT FROM JURISDICTIONS WHERE THE INFORMATION IS ILLEGAL IS EXPRESSLY PROHIBITED. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of liability
VIVANDA IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OF SERVICE OR THE USE OF, OR INABILITY TO USE, THE ONLINE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF VIVANDA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS, IN WHOLE OR IN PART, HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF VIVANDA FOR ANY REASON AND UPON ANY CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY, AND OTHER ACTIONS IN CONTRACT OR TORT) IN ANY WAY RELATED TO THE ONLINE SERVICES OR THESE TERMS OF SERVICE SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED UP TO TWO HUNDRED FIFTY DOLLARS ($250).
Business use of online services
If you are using the Online Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Vivanda and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Online Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees.
You agree to defend, indemnify, and hold us, our affiliates, subsidiaries, joint ventures, third-party service providers, and our respective employees, contractors, agents, officers, and directors harmless from all liabilities, claims, and expenses (including reasonable attorneys' fees) that arise out of or are related to any User-Provided Content you submit, post, transmit, or make available through the Online Services, your violation of these Terms of Service, your misuse of the Online Services, or your violation of any third-party rights.
Choice of law and jurisdiction
These Terms of Service shall be governed by the laws of the State of Maryland without regard to the conflicts of laws rules of any jurisdiction. Every dispute concerning the interpretation or effect of these Terms of Service and/or your use of the Online Services must be resolved in the state or federal courts situated in the State of Maryland. You agree to the personal jurisdiction, subject matter jurisdiction, and venue of these courts. Because some jurisdictions do not permit the choice of law and jurisdiction, these requirements may not apply to you.
You acknowledge that any breach or threatened breach of these Terms of Service will result in irreparable harm for which damages would not be an adequate remedy, and, therefore, in addition to our rights and remedies otherwise available at law, we shall be entitled to seek immediate equitable relief, including injunctive relief, as appropriate. If we seek any equitable remedies, we shall not be precluded or prevented from seeking remedies at law, nor shall we be deemed to have made an election of remedies.
If any provision of these Terms of Service is held unenforceable or invalid under any applicable law or is so held by applicable court decision, such unenforceability or invalidity will not render these Terms of Service unenforceable or invalid as a whole, and such provision will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or the applicable court decisions.
Any waiver by us of a breach of any provision of these Terms of Service shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of these Terms of Service. Any waiver must be in writing. Failure by us to insist upon strict adherence to any term of these Terms of Service on one or more occasions shall not be considered a waiver or deprive us of the right to insist upon strict adherence to that term or any other term of these Terms of Service.
We reserve the right, in our sole discretion, to modify or discontinue, temporarily or permanently, any of the Online Services, and/or to terminate or block your access to any of the Online Services, with or without notice, at any time and for any reason or no reason, including without limitation your violation of these Terms of Service. We shall not be liable for any modification, suspension, or discontinuance of any Online Services.
If you have any questions about these Terms of Service, you can contact us at firstname.lastname@example.org.
Effective Date: May 19, 2014.