Terms of Service
Welcome to SuperVegan!
These terms were last modified on November 2, 2012.
Thank you for using SuperVegan, including SuperVegan.com and VeganDrinks.org (the “Services”). The Services are provided by SuperVegan, LLC (“SuperVegan”), located at 263 Eastern Parkway #4I, Brooklyn, NY 11238.
You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations.
Don’t misuse our Services. For example, do not: provide false information, impersonate others; write fake or defamatory reviews, pay others or accept payment for writing a review or removing a review; violate the rights of any third party; harass or spam others; overburden our servers; attempt unauthorized access; transmit any viruses, or malicious or annoying code; or circumvent any features that restrict unauthorized use or copying.
We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Investigations. We encourage you to contact us if another user has violated the Terms, however, we are under no obligation to enforce the Terms on your behalf against another user. We reserve the right to investigate and take appropriate action at our sole discretion.
Some of the services made available through the Site are provided in connection with third parties and subject to additional terms.
Intellectual Property Rights.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
Our Services display some third party content. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
You need a SuperVegan Account to use some of our Services. To bolster your credibility as a contributor, we ask that you create your account with complete and accurate information about yourself .
If you discover unauthorized use of your account, please change your password and notify SuperVegan.
Privacy and Copyright Protection
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you discover content that infringes your copyright, please provide us a written takedown notice pursuant to DMCA § 512(c). http://www.copyright.gov/title17/92chap5.html#512
Our Copyright Agent for notice of claims of copyright infringement can be reached at: email@example.com
Your Content in our Services
Some of our Services allow you to submit content. For example, users may submit restaurant reviews, recipes, blog comments, photographs, etc. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
When you upload or otherwise submit content to our Services, you give SuperVegan (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content for any purpose. This license continues even if you stop using our Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.
If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.
Submitting content does not create any type of partnership or co-venture arrangement with SuperVegan. User submissions do not reflect the views of SuperVegan.
Your content may be edited for length or clarity or for any other reason either before or after it is published, and it may be attributed to you. SuperVegan may display advertisements and other information adjacent to your content without compensation to you.
We may remove your content at our sole discretion and without notice to you. We have no obligation to retain or provide you with copies of your content, nor do we guarantee any confidentiality with respect to your content.
You may use our RSS and Atom feeds (“Feed Content”) for your personal computer or non-commercial website, provided:
- any display of Feed Content includes links back to the relevant pages on SuperVegan’s websites, and attributes SuperVegan as the source of the Feed Content,
- you do not suggest that SuperVegan promotes or endorses your site or any particular cause or views,
- you do not overburden SuperVegan’s servers.
SuperVegan reserves all rights in the Feed Content and may terminate Feed Content at any time. Please contact us to inquire about commercial use of Feed Content.
Modifying and Terminating our Services
SuperVegan may add or remove functionalities or features, and we may suspend or stop a Service altogether. You can stop using SuperVegan at any time, although we’ll be sorry to see you go. SuperVegan may also stop providing Services to you, or add or create new limits to our Services at any time.
WARRANTIES AND DISCLAIMERS
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
Other than as expressly set out in these terms or additional terms, neither SuperVegan nor its suppliers or distributors make any specific promises about the services. For example, we don’t make any commitments about the content within the services, the specific function of the services, or their reliability, availability, or ability to meet your needs. We provide the services “as is”.
Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.Liability for our services
When permitted by law, SuperVegan, and SuperVegan’s suppliers and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.
To the extent permitted by law, the total liability of SuperVegan, and its suppliers and distributors, for any claim under these terms, including for any implied warranties, is limited to the amount you paid us to use the services (or, if we choose, to supplying you the services again).
In all cases, SuperVegan, and its suppliers and distributors, will not be liable for any loss or damage that is not reasonably foreseeable.
Business uses of our Services If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify SuperVegan and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
Indemnification You will hold harmless and indemnify SuperVegan and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
SuperVegan reserves the right to assume the exclusive defense and control, at your expense, of any such matter. You agree not to settle any matter without the prior written consent of SuperVegan. SuperVegan will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
About these Terms
Modifications. We may modify our terms. You should look at the terms regularly. We’ll post notice of modifications on this page. Changes will become effective fourteen days after they are posted. However, changes made for legal reasons will be effective immediately. Changes will not apply retroactively, and cannot retroactively modify dispute resolution provisions. If you do not agree to the modified terms, stop using SuperVegan.
Third Parties. These terms control the relationship between SuperVegan and you. They do not create any third party beneficiary rights.
Waiver. If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
Severability. If it turns out that a particular term is not enforceable, this will not affect any other terms.
Governing Law. The laws of New York State excluding conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services.
Jurisdiction and Arbitration. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of New York County, NY and you and SuperVegan irrevocably consent to personal jurisdiction in those courts. Notwithstanding the foregoing, at SuperVegan’s option, disputes will be submitted to binding arbitration in New York City. You understand that you are giving up your right to have certain disputes settled by a judge and jury.
Entire Agreement. The Terms contain the entire agreement between you and SuperVegan. No reliance is placed on any representation not expressly contained in these Terms.
Assignment. SuperVegan may assign or transfer its rights under this agreement without restriction. You may not.
Impermissible Terms. If any clause is impermissible in your jurisdiction, give us written notice of the relevant local law at least 14 days prior to your use.
Last Updated on November 2, 2012.
When you share information with us, for example by creating a SuperVegan Account, or writing a review, we can provide more personalized service. As you use our services, we want you to be clear how we’re using information and the ways in which you can protect your privacy.
We’ve tried to keep it as simple as possible, but if you have any questions please contact us.
Information we collect
We collect certain information to provide better services. You actively provide some information, and some is provided passively through your use of our Services.
Information You Actively Provide. For example, many of our services require you to sign up for a SuperVegan Account. When you do, we’ll ask for personal information, like your name, email address, telephone number or credit card. If you want to take full advantage of the sharing features we offer, we might also ask you to create a publicly visible SuperVegan Profile, which may include your name and photo.
Information Gathered from Passive Use. We may collect information about the services that you use and how you use them, like when you visit a website that uses our advertising services or you view and interact with our ads and content. This information includes:
We may collect device-specific information (such as your hardware model, operating system version, unique device identifiers, and mobile network information including phone number). SuperVegan may associate your device identifiers with your SuperVegan Account.
When you use our services or view content provided by SuperVegan, we may automatically collect and store certain information in server logs. This may include: details of how you used our service; Internet protocol address; browser type, browser language, the date and time of your request and referral URL; cookies that may uniquely identify your browser or your SuperVegan Account.
When you use a location-enabled SuperVegan service, we may collect and process information about your actual location.
We may collect and store information (including personal information) locally on your device using mechanisms such as browser web storage (including HTML 5) and application data caches.
Cookies and anonymous identifiers
How we use information we collect
We use the information we collect to maintain and improve them our services, to develop new ones, to personalize your experience, and to protect SuperVegan and our users. We may also use this information to offer you tailored content, including more relevant advertisements.
When you contact SuperVegan, we may keep a record of your communication to help solve any issues you might be facing. We may use your email address to inform you about our services, such as letting you know about upcoming changes or improvements.
We use information collected from cookies and other technologies, like pixel tags, to improve your user experience and the overall quality of our services. SuperVegan may process your information on a server located outside the country where you live.
Information You Submit
Public Content. Your reviews, photos, check-ins, comments, account profile, and other content you post to the Site are meant for public consumption. We may display this content on the Site, and further distribute it to a wider audience through third party sites and services, including search engines.
Contacts. You can invite your friends to join the Site by providing their contact information, or by allowing us to use your address book from your computer, mobile device, or other sites. If you invite a friend to join and connect with you on the Site, we may use and store your friends’ contact information long enough to process your requests.
Credit Card Purchases. If you purchase business advertising, Deals, or other SuperVegan products or services online, we may collect and store billing and credit card information. This information will only be shared with third parties who perform tasks required to complete the purchase transaction (such as fulfilling orders and processing credit card payments). When you submit credit card numbers, we encrypt that information using industry standard technology.
Information we share
We do not share your personal information, without your consent, except as described below.
Legal. We will share personal information with companies, organizations or individuals outside of SuperVegan if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:
- meet any applicable law, regulation, legal process or enforceable governmental request.
- enforce applicable Terms of Service, including investigation of potential violations.
- detect, prevent, or otherwise address fraud, security or technical issues.
- protect against harm to the rights, property or safety of SuperVegan, our users or the public as required or permitted by law.
Aggregate Information. We may share aggregated, non-personally identifiable information publicly and with our partners – like publishers, advertisers or connected sites. For example, we may share information publicly to show trends about the general use of our services.
Service Providers: We outsource some of our technical and customer support, tracking and reporting functions, quality assurance testing, payment processing functions, and other services to third parties. We may share your information with them so that they can perform their services.
Social Media Login: If you are logged into Facebook, Twitter, Google or similar social networks, we may receive information from them to make it easier for you to create an account on the Site and show you relevant content. You can also connect your SuperVegan account to your accounts on other social networks, in which case we may collect and store information identifying your account with the third party service. We use the information to help you connect and share public content with your friends and followers. You may be able to comment with your social network accounts. Commenting under these identities may be a public act.
You may set your browser to block all cookies, including cookies associated with our services, or to indicate when a cookie is being set by us. However, it’s important to remember that many of our services may not function properly if your cookies are disabled.
Accessing and updating your personal information
Where we can provide information access and correction, we will do so for free, except where it would require a disproportionate effort. We aim to maintain our services in a manner that protects information from accidental or malicious destruction. Because of this, after you delete information from our services, we may not immediately delete residual copies from our active servers and may not remove information from our backup systems.
Data Retention And Account Termination
We may retain your information as long as permitted or required under the law. If you terminate your account, your comments and reviews may remain publicly accessible.
We will respond to requests relating to personal data sent from within the European Union according to the procedures mandated by the member state from where the request is sent. You will receive a response to your request within 30 days.
The Site is intended for general audiences and is not directed to children under 13. We do not knowingly collect personal information from children under 13. If you become aware that a child has provided us with personal information without parental consent, please contact our administrator. If we become aware that a child under 13 has provided us with personal information without parental consent, we take steps to remove such information and terminate the child’s account.
We use a commercially reasonable level of skill and care to protect our users from unauthorized access to information.