Plant Foods Council reserves the right to change or modify these Terms, or any policy or guideline of the Services, at any time and in our sole discretion. If we make changes or modifications to these Terms, we will provide you with notice of such changes, such as by sending an email, providing notice through the Services or updating the “Last Updated” date at the top of these Terms. Your continued use of the Services following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Terms and applicable policies to understand the terms and conditions that apply to your use of the Services. If you do not agree to the amended terms, you must stop using the Services.
You must be at least 18 years of age to access or use our Services. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.
3. User Accounts and Account Security
If you sign up for Plant Foods Council Standard or Plant Foods Council Premium, you may register for an account to access our Services. When you register for an account, you must provide accurate information and promptly update this information if it changes. Failure to do so may result in your inability to use our Services. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account.
4. Copyright and Limited License
Unless otherwise indicated, the Services and all content and other materials on the Services, including, without limitation, the Plant Foods Council logo, and all designs, text, graphics, pictures, videos, information, data, software, sound files and other files, and the selection and arrangement thereof, (collectively, the “Plant Foods Council Materials”) are the proprietary property of Plant Foods Council or our licensors or users and are protected by U.S. and international copyright laws.
You are granted a limited, non-exclusive and non-sublicensable license to access and use the Services and Plant Foods Council Materials; however, such license is subject to these Terms and does not include: (a) any resale or commercial use of the Services or the Plant Foods Council Materials; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Plant Foods Council Materials; (d) modifying or otherwise making any derivative uses of the Services and the Plant Foods Council Materials, or any portion thereof, unless modification or derivative use is specifically provided for under separate terms; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Services, the Plant Foods Council Materials or any information contained therein, except as expressly permitted on the Services; or (g) any use of the Services or the Plant Foods Council Materials other than for their intended purposes. Any use of the Services or the Plant Foods Council Materials other than as specifically authorized herein, without the prior written permission of Plant Foods Council, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
5. Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Plant Foods Council has adopted a policy of terminating, in appropriate circumstances and in Plant Foods Council’ sole discretion, subscribers who are deemed to be repeat infringers. Plant Foods Council may also, in our sole discretion, limit access to the Services if you infringe any intellectual property rights of others, whether or not there is any repeat infringement.
You are granted a limited, non-exclusive right to create a text hyperlink to the Services for noncommercial purposes, provided such link does not portray Plant Foods Council or any of our products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Plant Foods Council logo or other proprietary graphic of Plant Foods Council to link to the Services without the express written permission of Plant Foods Council. Further, you may not use, frame or utilize framing techniques to enclose any Plant Foods Council trademark, logo or other proprietary information, including the images found on the Services, the content of any text or the layout/design of any page or form contained on a page of the Services without Plant Foods Council’ express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or other proprietary right of Plant Foods Council or any third party.
Plant Foods Council makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible via hyperlink or websites linking to the Services. Such sites are not under the control of Plant Foods Council and Plant Foods Council is not responsible for any embedded content or the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Plant Foods Council and our users may provide these links as a convenience to you, but the inclusion of any link does not imply affiliation, endorsement or adoption by Plant Foods Council of any site or any information contained therein. When you leave the Services, you should be aware that our terms and policies no longer govern, and the policies of those third party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services.
7. Third Party Content
Plant Foods Council may provide third party content on the Services and may provide links to web pages and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information. Plant Foods Council does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that Plant Foods Council is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content at their own risk.
8. Advertisements and Promotions; Third-Party Products and Services
Plant Foods Council may run advertisements and promotions from third parties on the Services or may otherwise provide information about or links to third-party products or services on the Services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third party. Plant Foods Council is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as the result of the presence of non-Plant Foods Council advertisements or other third party information on the Services.
9. User Content and Conduct
The Services may include interactive areas where you or other users can create, post or store content, messages, materials, data, information, text, music, sound, photos, videos, graphics, applications, code or other items or materials on the Services (collectively, “User Content”). You are solely responsible for your use of such interactive areas and agree that you use them at your own risk. You further agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including without limitation the FTC rules regarding endorsements;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files; and
- User Content that, in the sole judgment of Plant Foods Council, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Plant Foods Council or our users to any harm or liability of any type.
Separate and apart from User Content, you may submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about Plant Foods Council, the Services or third party products and services (collectively, “Submissions”). Submissions, whether posted to the Services, Plant Foods Council social media sites or provided to Plant Foods Council by email or otherwise, are non-confidential and shall become the sole property of Plant Foods Council. Plant Foods Council shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You agree to defend, indemnify and hold harmless Plant Foods Council, our independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your use of the Services; (b) any User Content or Submissions you provide; (c) your violation of these Terms; (d) your violation of any rights of another; or (e) your conduct in connection with the Services.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY Plant Foods Council, THE SERVICES AND PLANT FOODS COUNCIL MATERIALS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PLANT FOODS COUNCIL DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. PLANT FOODS COUNCIL DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR PLANT FOODS COUNCIL MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE PLANT FOODS COUNCIL ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES SAFE, PLANT FOODS COUNCIL CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
WITHOUT LIMITING THE FOREGOING, PLANT FOODS COUNCIL DOES NOT GUARANTEE THE ACCURACY OF ANY RECOMMENDATIONS OR OPINIONS PROVIDED THROUGH THE SERVICES (“RECOMMENDATIONS”). YOU ARE SOLELY RESPONSIBLE FOR THE USE OF, OR RELIANCE ON, SUCH RECOMMENDATIONS.
13. Modifications to the Services
Plant Foods Council reserves the right to modify or discontinue, temporarily or permanently, the Services, or any features or portions thereof, without prior notice. You agree that Plant Foods Council will not be liable for any modification, suspension or discontinuance of the Services, or any part thereof.
Plant Foods Council reserves the right, without notice and in our sole discretion, to terminate your license to use the Services, and to block or prevent your future access to, and use of, the Services.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.