This Agreement sets forth the terms and conditions that govern your use of and access to the web pages located at the domain MeatYourFuture.com, which is owned and operated by MYF, as well as any MYF mobile applications and MYF’s social media (collectively, the “Website”).
1. Accepting the Terms
2. Privacy and your Personal Information
3. Your Subscription Information
If you choose to subscribe to our Website, by providing us with your name, email address and other contact information, you agree to receive all required notices, if any, electronically, to that email address. If you become aware of any unauthorized use of your email address or other contact information, you agree to notify us immediately by email at info@MeatYourFuture.com.
4. Third-Party Information and Links
The Website contains links to other websites owned by third parties. Your use of each of those other websites is subject to the conditions, if any, that each of those other websites has posted. We have no control over other websites that are not ours and we are not responsible for any changes to or content on them. Our inclusion on our Website of any third party content or a link to a third party site is not an endorsement of that content or third party website.
We do not sell, resell or license any of the products or services that we may reference, review or list on our Website, and we disclaim any responsibility for, or liability related to, any such products or services. Your correspondence or related activities with third parties, including payment transactions and goods delivery transactions, are solely between you and that third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints or claims related to any product or service should be directed to the appropriate vendor.
5. Intellectual Property Matters
(a) Ownership and Republishing:
Except as otherwise explicitly noted, the Website and all Content (and any derivative works or enhancements of the same) including, but not limited to, our logo and all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation and interactive features and all intellectual property rights to the same, are owned by MYF, MYF’s licensors, or both. Additionally, all trademarks, service marks, trade names and trade dress that may appear on the Website are owned by MYF, MYF’s licensors, or both.
You can republish or embed Content from our Website on your website or blog (but not on third party websites or blogs, such as YouTube or LinkedIn), as long as:
- You Provide Attribution: MYF must be clearly referenced as the original source of the materials, MYF’s logos and visuals remain untouched and unedited, and you provide a proximate link back to the Website (MeatYourFuture.com);
- The Use is Strictly NonCommercial: Our Content is not used (in whole or in part) for commercial or revenue-generating purposes, including but not limited to advertising; and
- The Use is NonDerivative: You may not alter our Content in any way (or “edit,” “remix,” “cut,” etc.), or build upon or incorporate our Content into other media or works. Any use, including distribution, of our Content is strictly limited to the terms described above. Any other uses, and any modifications to these terms, can only be made with the explicit prior written approval of MYF (or our licensors, if they are the copyright holders). We reserve the right to limit or prohibit any uses that are inconsistent with our educational mission.
Except for the limited use rights granted to you in this Agreement above, you shall not acquire any right, title or interest in the Website or any of our Content. Any rights not expressly granted in this Agreement are expressly reserved. Notwithstanding anything herein to the contrary, nothing in this Agreement is intended to limit fair use rights under U.S. copyright law. If you are not sure if your use is “non-commercial” or is otherwise permitted under this Agreement, please contact us at info@MeatYourFuture.com.
(b) User Content:
From time to time, we may permit uploading or posting of content to the Website by you or other users. By uploading any file or other content or by making a comment on the Website, you represent and warrant to us that (a) doing so does not violate or infringe anyone else’s rights; and (b) you created the file or other content you are uploading, or otherwise have sufficient intellectual property rights to upload the material consistent with these terms.
With regard to any file or content you upload to any public portions of the Website, you grant us a non-exclusive, royalty-free, perpetual, irrevocable worldwide license (with sublicense and assignment rights) to use, to display online and in any present or future media, to create derivative works of, to allow downloads of, and/or distribute any such file or content. To the extent that you delete any such file or content from the public portions of the Website, the license you grant to us pursuant to the preceding sentence will automatically terminate, but will not be revoked with respect to any file or content we have already copied and sublicensed or designated for sublicense. Also, anything you post to a public portion of the Website may be used by the public even after you delete it. By downloading a file or other Content from the Website, you agree that you will not use such file or other Content except for personal, non-commercial purposes, and you may not claim any rights to such file or other content, except to the extent otherwise specifically provided in writing.
(c) Infringement Notices:
If you see anything on the Website that you believe infringes your copyright rights, you may notify our Digital Millennium Copyright Act (“DMCA”) agent by sending the following information:
- Identification of the copyrighted work or works claimed to have been infringed;
- Identification of the material on the Website that is claimed to be infringing and that is to be removed, including the URL or other information to enable us to locate the material;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you as copyright owner, or by your agent, or by law;
- A statement that the information in your notice is accurate, and under penalty of perjury, that you are the owner (or authorized to act on behalf of the owner) of the exclusive copyright right that is allegedly being infringed;
- Your physical or electronic signature, or of someone authorized to act on your behalf; and
- Instructions on how we may contact you: preferably email, but also address and phone.
Our agent to receive such notifications of claimed infringement is Robert Rapfogel who may be reached at info@MeatYourFuture.com.
Use the same procedure for any claimed trademark violations or other infringements. If we receive a DMCA notice and remove something you posted anonymously, we will have no way of notifying you, so you must contact us if you think that may have happened. If we identify you as a “repeat infringer,” we will block or remove your images and terminate any accounts you may have with us. We reserve the right to remove any content or other material at any time whether or not it infringes or violates any of our policies.
6. Your Use of the Website and the Content
Your access and use of the Website and access to the Content may be interrupted from time to time for any of several reasons, including the malfunction of equipment, periodic updating, service interruptions relating to utilities providers, maintenance or repair of the Website or other actions that MYF, in its sole discretion, may elect to take.
Further, in using the Website, or accessing and viewing any Content, you agree to strictly adhere to each of the following:
(a) If the Website from time to time permits the uploading or posting of content by you, you will not use the Website to upload or post any content that:
- Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
- Contains sexually explicit content or pornography;
- Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group or encourages illegality;
- Hotlinks to adult content or to file-sharing or torrent sites;
(b) You will use the Website and the Content only for appropriate, legal purposes, and in compliance with all applicable international, federal, state and local laws and regulations;
(c) You will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Website or any portion of the Website or the Content, without MYF’s express prior written consent, which consent may be granted or withheld in MYF’s sole discretion;
(d) You will not use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website, other than the search engines and search agents available through the Website and the Content and other than generally available third-party web browsers (such as Microsoft Explorer);
(e) You will not post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Website or the Content; or
(f) You will not attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of Website or the Content.
7. Limitations on Liability
IN ADDITION TO (AND WITHOUT LIMITING) THE OTHER LIMITATIONS ON LIABILITY SET FORTH ELSEWHERE IN THIS AGREEMENT, MYF AND ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS AND AFFILIATES SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR OR WITH RESPECT TO ANY OF THE FOLLOWING:
- ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE WEBSITE, YOUR USE OR VIEWING OF THE CONTENT, EVEN IF MYF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; or
- ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN BY YOU OR ANY OTHER USER IN RELIANCE UPON THE CONTENT OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE, OR UPON THE AVAILABILITY OF ANY OTHER CONTENT OR INFORMATION ON OR THROUGH THE WEBSITE.
8. Your Indemnification of MYF
You agree to indemnify and hold harmless MYF, and our officers, directors, members, employees, agents, and affiliates, from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including attorneys’ fees and costs) arising out of, related to, or that may arise in connection with: (i) your access to or use of the Website or the Content; (ii) any content uploaded or posted to the Website by you; (iii) any actual or alleged violation or breach by you of this Agreement; (iv) any actual or alleged breach of any representation, warranty or covenant that you have made to us; or (v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
TEXAS EXPRESS NEGLIGENCE NOTICE. YOU ACKNOWLEDGE THAT THE INDEMNIFICATION SET FORTH ABOVE MAY RESULT IN THE INDEMNITY OF MYF AND/OR ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS AND AFFILIATES FOR ITS, HIS OR HER SIMPLE OR GROSS NEGLIGENCE (WHETHER SOLE, CONCURRENT, ACTIVE OR PASSIVE) OR OTHER FAULT OR STRICT LIABILITY OF ANY SUCH PARTY. THE INDEMNIFICATION SET FORTH ABOVE IS INTENDED TO BE ENFORCEABLE IN ACCORDANCE WITH THE EXPRESS TERMS AND SCOPE THEREOF NOTWITHSTANDING TEXAS’ EXPRESS NEGLIGENCE RULE OR ANY SIMILAR DIRECTIVE.
10. Governing Law and Forum for Disputes
This Agreement, and your relationship with MYF and the Website under this Agreement, shall be governed by the laws of the State of Texas without regard to its conflict or choice of laws provisions. Any dispute arising under or in relation to this Agreement shall be resolved exclusively through a small-claims court of the courts of the State of Texas within the County of Harris, except with respect to imminent harm requiring temporary or preliminary injunctive relief, in which case MYF may seek such relief in any court with jurisdiction over the parties. You understand that, in return for your agreement to this provision, MYF is able to offer the Content on the terms designated, and that your assent to this provision is an indispensable consideration to this Agreement.
You also acknowledge and understand that, with respect to any dispute arising out of or relating to your use of the Website, the Content or this Agreement:
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that if MYF does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which MYF has the benefit of under any applicable law), this will not be taken to be a formal waiver of MYF’s rights and that those rights or remedies will still be available to MYF.
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement and the cessation of your use of the Website and the Content.
The language in all parts of this Agreement shall be construed, in all cases, according to its fair meaning. Each party acknowledges that it, he or she has carefully reviewed this Agreement (and has had ample opportunity to have its, his or her counsel review and advise on the same) and that any rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement.
This Agreement represents the entire understanding and agreement between you and MYF regarding the subject matter hereof, and there are no agreements, understandings, representations or warranties, written or oral, between you and MYF other than those set forth or expressly referred to herein.