VEGGIESVILLAGE.COM TERMS AND CONDITIONS OF USE

Last updated on February 10th 2010

Welcome to Veggiesvillage LLC . These Terms and Conditions of Use govern your use of the Web site.

Updates to Terms and Conditions

"Veggiesvillage LLC" or "we" reserves the right to change these Terms and Conditions at any time. If we make any changes to these Terms and Conditions, we will post the new Terms and Conditions on the Web site and update the "last updated" date above. You should check the Terms and Conditions whenever you visit the Web site to see if they have been updated since your last visit.

Privacy Policy

Veggiesvillage has adopted a Privacy Policy which is incorporated by reference into these Terms and Conditions.

User Registration

In order to access or use some features of the Web site, you must register as a user. In order to become a registered user, you must provide registration information. You agree that if such information changes, you will promptly update the registration information. You represent and warrant that all information provided by you is and will be complete and accurate. During registration, you will create a user name and password (a "Registration"), which may permit you to access certain features or areas of the Web site not available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your Registration. You are solely responsible for the activity that occurs under your Registration, whether or not you have authorized the activity. You agree to notify us immediately at CustomerSupport@veggiesvillage.com in the event of any breach of security or unauthorized use of your Registration. If you are under the age of 13, then you are not permitted to register as a user or otherwise submit personal information to Veggiesvillage.com.

All Web site materials, including, without limitation, the Veggiesvillage logo, design, text, reviews, graphics, and files, and the selection and arrangement thereof (collectively, "Web Site Content"), are the proprietary property of Veggiesvillage or its affiliates or licensors. You may electronically copy and print to hard copy portions of this Web site for the sole purpose of using materials it contains for informational, non-commercial, personal use only, provided that you do not remove, obscure or alter any all copyright or other proprietary notices. Any other use of Web Site Content, including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance, without the prior written permission of Veggiesvillage, is strictly prohibited.

"Veggiesvillage.com," "Veggiesvillage," and the related logos on this Web site are trademarks of Veggiesvillage or its affiliates or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Veggiesvillage. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Web site are the property of their respective owners.

You are granted a limited, nonexclusive right to create a hyperlink to this Web site, provided such link does not portray Veggiesvillage or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time.

Any rights not expressly granted herein are reserved to Veggiesvillage.

Third-Party Content and References

The Web site may contain hyperlinks to third-party web sites ("Third-Party Content"). Veggiesvillage does not monitor nor does Veggiesvillage have control over any Third-Party Content. Veggiesvillage does not endorse, and is not responsible in any way for, any Third-Party Content. Reference on the Web site to any third party, or any third party’s products or services, does not constitute or imply endorsement, sponsorship or recommendation thereof by Veggiesvillage.

Submitted Items

By submitting, transmitting, uploading, distributing or otherwise publishing any recipe, review, comment, blog entry, message, information, text, material, or other content (each, a "Submitted Item") on, to, or through use of the Web site, you hereby grant to Veggiesvillage an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense, and otherwise commercially and non-commercially exploit your Submitted Items and all copyright, trade secret, trademark, or other intellectual property rights therein, in any manner or medium now existing or hereafter developed, without compensation of any kind to you or any third party.

You hereby represent and warrant that (i) you have all necessary right, power, and authority to grant the license set forth herein to your Submitted Item, and (ii) your Submitted Item does not violate, misappropriate, or infringe any copyright, trade secret, trademark or other intellectual property right of any third party. You will take, at Veggiesvillage expense, any further action reasonably requested by Veggiesvillage to effect, perfect, and confirm the license granted to Veggiesvillage to your Submitted Item as set forth herein.

Publication or use of any Submitted Items is at the sole discretion of Veggiesvillage, and Veggiesvillage is under no obligation to publish or use any Submitted Item. If your Submitted Item is published, used or posted on the Web site or otherwise used by Veggiesvillage, we may include your name and any other information provided by you in conjunction with such publication, posting, or use.

User Conduct

You are solely responsible and liable for any Submitted Item. You agree not to use the Web site to do any of the following:
Upload, post, e-mail, transmit, distribute or otherwise publish any Submitted Item that may be considered to be unlawful, harmful, libelous, tortious, defamatory, obscene, vulgar, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, hateful, or racially, ethnically or otherwise objectionable; Upload, post, e-mail, transmit, distribute or otherwise publish any Submitted Item that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any law, regulation, or rule; Upload, post, e-mail, transmit, distribute or otherwise publish any Submitted Item that might infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right;

Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; Distribute, publish, or make available any unsolicited or unauthorized promotions, advertising or solicitations for funds, goods or services, including junk mail, spam, and chain letters, or otherwise use the Web site for commercial purposes; Upload, post, e-mail, transmit, distribute, or make available any Submitted Item that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any services, software, or equipment; or In any way express or imply that any Submitted Item has been verified or endorsed by Veggiesvillage.

You also agree that you will not encourage or allow any third party to violate these Terms and Conditions.

Disclaimer; Limitation of Liability; Indemnification

HIS WEB SITE AND THE CONTENT AVAILABLE ON IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND YOU AGREE USE OF THIS WEB SITE OR ITS CONTENT IS AT YOUR SOLE RISK. VEGGIESVILLAGE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. VEGGIESVILLAGE DOES NOT REPRESENT OR WARRANT MATERIALS ON THIS WEB SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. VEGGIESVILLAGE DOES NOT REPRESENT OR WARRANT THIS WEB SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE YOUR USE OF THE WEB SITE AND CONTENT IS AT YOUR SOLE RISK.

IN NO EVENT SHALL VEGGIESVILLAGE OR ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THIS WEB SITE OR CONTENT CONTAINED ON, OR ACCESSED THROUGH, THIS WEB SITE, EVEN IF VEGGIESVILLAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL VEGGIESVILLAGE’S LIABILITY TO ANY USER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THIS WEB SITE OR CONTENT CONTAINED ON, OR ACCESSED THROUGH, THIS WEB SITE EXCEED THE GREATER OF (I) THE AMOUNT PAID BY THE USER TO VEGGIESVILLAGE IN CONNECTION WITH THIS WEBSITE DURING THE ONE-YEAR PERIOD PRIOR TO THE EVENT GIVING RISE TO THE CLAIM AND (II) $10.

Some jurisdictions may not allow one or more of the limitations on liability set forth above, so some of the above limitations might not apply to you.

You agree to defend, indemnify and hold harmless Veggiesvillage, its affiliates, and all of their officers, directors, agents, suppliers, and licensors from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Web site or any Submitted Items you provide or that is provided using your Registration, including, but not limited to, any claim by a third party that any Submitted Items infringe or violate such third party’s rights or interests.

Removal and Disclosure

We have the right, but not the obligation, at our sole discretion, to remove, destroy or delete any Submitted Item at any time and for any reason, including, but not limited to, any Submitted Item that we deem inappropriate or that we believe might subject us to any liability.

Applicable Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its choice of law principles. You agree any action at law or in equity arising out of or relating to these Terms and Conditions shall occur only in the state or federal courts residing in Middlesex County, Massachusetts, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of these Terms and Conditions.

Termination

Veggiesvillage reserves the right, without notice and in its sole discretion at any time, to discontinue the Web site, to terminate your license to use this Web site or any other license granted to you, or to block or prevent your future access to and use of this Web site. The provisions of these Terms and Conditions shall survive any such discontinuation or termination.

Assignment

We may assign any of our rights and obligations hereunder, including without limitation in connection with a sale of the Web site. Your obligations hereunder are personal and may not be assigned by you.

Severability

If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed modified or removed to the minimum extent necessary to cause such provision to be lawful and enforceable. Any such modification or removal shall not affect the validity and enforceability of any other provisions of these Terms and Conditions.