Terms and Conditions
Date of last update is June, 2018
- Introduction, Scope
These Terms and Conditions (hereinafter referred to as the “Terms”) shall govern the activities you may undertake though the usage and access of VitPot’s (“Company”) products and services provided through the website located at https://vitpot.com (hereinafter, the “Blog”). The Terms shall also include any supplemental terms, guidelines and/or policies thereof (hereby incorporated by reference) and provided to you by Company. Through the simple access or use of the Blog, you hereby agree to these Terms and are executing a legal agreement with Company. Stop use of the Blog if you are reluctant to, or incapable of, being bound by these Terms. Your use of the Blog is at your own risk.
By using the Blog and/or registering with us, you hereby acknowledge that you have read the Terms and any supplemental terms thereof, such action constituting your acceptance of the terms, conditions and notices contained herein.
“You”, “your”, and/or “yourself” shall refer to you, as a user of the Blog. “We”, “us,” and “our” shall refer to Company and/or its parent, subsidiaries, assignees, successors, affiliates, and/or brands.
“Account Holder” shall mean any user who has registered with the Blog by opening a user account.
Company constantly innovates in order to provide you with the best possible user experience. You hereby acknowledge and agree that the form and nature of the services which Company may provide are subject to change from time to time and without any prior notice to you. As part of this innovation, you also acknowledge and agree that Company may bring to a halt (permanently or temporarily) the provision of such services (or any features thereof) to you or other users, at Company’s sole and final discretion. However, you are free to stop using the Blog at any time. You do not need to specifically inform us when you stop using our services.
To prevent violations and enforce these Terms and apply any remediate, we can take any technical, legal, or other measures that we may deem necessary and appropriate, at our sole and final discretion, and without prior notice to you or any other user or Account Holder. The Blog is based in the United Kingdom and, thus, is not designed or customized for any other country. You may use it only if you act in accordance with the laws of the country from which you are accessing it.
Company duly undertakes the protection of minors and children, and thereby encourages parents, legal guardians and adults to be actively involved in helping their minors learn about the safe use of the Internet. You hereby acknowledge that you are at least eighteen years of age, as of the date of first access to the Blog, and, if you are still a minor (this may depend on the jurisdiction where you reside), are therefore using the Blog under the supervision of your guardian, parent or adult in charge. Please tell your parent or guardian or any adult to read this Agreement with you, as children under such age are not allowed to visit the Blog or use our services otherwise.
In compliance with the provisions set forth in the Children’s Online Privacy Protection Act (“COPPA”), we do not collect any kind of information from any person under the age of eighteen (18) years.
We hereby reserve the right to update the Blog, the Terms and the Policy, at any time and without prior notice. You understand and agree that your access to or use of the Blog is governed by the Terms effective at the time of your access to or use of the Blog. The Blog may be updated, modified, customized, replaced or suspended at any time without notice or liability. If we make material changes to these Terms, such updates will be posted in the Blog. Please see the date at the top of this page for the date that changes were last made. Please check this page frequently and regularly for any change, since updated versions will be binding on you upon posting. Use your browser’s “Print” button to keep a copy of these Terms. Your continued use of the Blog, either by registering as Account Holder or by simple use after the effective date of modifications to the Terms, indicates your acceptance of any modifications thereof.
In order to use some of the services of the Blog, you may need to create a username by filling out the relevant sign-up form. If you are unwilling to be an Account Holder, then you may not be able to obtain some of the services provided by the Blog. A username is a unique identifier selected or supplied by you or provided by us and is used to identify you on our system. If you are issued an account, you are responsible for maintaining the confidentiality of your account, and therefore agree to accept responsibility for all activities that occur under your account or password. We are not responsible for any loss of personal data or other consequences if someone other than you uses your Account Holder information to access our services. It is therefore your responsibility to keep such details safe.
In case of a disclosure and/or unauthorized access of your secret word by any unauthorized person, you, as an Account Holder, will be held liable for any acts or omissions under the name of your account. You hereby undertake to immediately change your password in order to protect your account from any unauthorized access or use.
Each of our users shall have the option to delete their account at any time. Some information may remain in our records even after the deletion of the Account, which is known as a “soft-delete”. In case any user wants to permanently delete their personal information, then he may send us a written request for deleting such information, to the e-mail address stated in Section 11 below. By doing so, the Company will immediately delete from its database the information requested.
We shall not be obliged to impose the Terms against another user on your behalf. We will gladly accept communications from you regarding any activities which may entail the violation of these Terms by another user. We also reserve the right to examine and take a suitable course of action, at our sole and final discretion, in order to finalize such alleged violations.
You must respect and comply with all relevant laws and regulations in order to use our services, and must immediately notify us if you learn of a security breach or other illegal activity therein.
You agree not to, and will not undertake, motivate, or facilitate the use or access of the Blog to:
- Encourage conduct which would potentially lead to a claim of defamation and/or libel, or that otherwise violates the laws of any jurisdiction;
- Sell or advertise products or services of third parties;
- Plagiarise or infringe the intellectual property rights of a third party;
- Use any manual or automated process such as a robot, spider, scraper or other device or automated means to access the Blog, its services or any process, or to engage in data extraction or mining activity;
- Assist, encourage, or enable others to infringe the Terms;
- Upload, post or otherwise disseminate any Content that is illegal, defamatory, pornographic, abusive, threatening, obscene, promotes hate, or that in any manner exploits the Blog other than as specifically set forth by us;
- Obscure or alter any mark, notice, watermark or other intellectual proprietary rights sign displayed on any section of the Blog, or on any content originated from the Blog; and/or
- Engage in an activity that is harmful to the Company, its users, advertisers, subsidiaries, affiliates or anyone else.
Any content, idea or suggestion that you may provide us with shall not: (i) contain confidential or proprietary information of any third parties, and (ii) put us under obligation of confidentiality or non-disclosure.
- Services, Disclaimer.
This Blog provides information on topics including, but not limited to, healthy lifestyle, food, recipes, motivational articles and pictures, psychology and spirituality. All the information published on the Blog is provided as a free service for the convenience of users. The Blog is also an instructive website and users will be able to post their knowledge, thoughts, views and contents pertaining to lifestyle matters. We may, now or in future, provide discussion forums that will allow our users to post content. However, please note that we take no responsibility for the comments made on the Blog. Any comments that you feel are offensive can be reported to Radoslow at any moment and may be removed at our discretion without notice.
The products, services and/or content provided through the Blog are for entertainment and informational purposes only and should neither be considered nor interpreted as medical advice, psychological therapy, techniques and/or methods, diagnosis or treatment and shall not be a substitute for professional medical health-care provided by a qualified doctor or other health-care professional. All information content provided on the Blog is not, and is not intended to, amount to the practice of medicine, psychology or professional health-care.
The Content and views expressed on the Blog are not necessarily those of the Company nor necessarily endorsed by the Company or its affiliates, subsidiaries, employees, officers, agents or advertisers, and any assurance placed by you upon such information is, therefore, strictly at your own, sole and final discretion and risk.
The web pages of the Blog may contain inaccuracies or errors, and may be corrected at the sole and final discretion of the Company.
Company may now or in future, provide its users with fee-based “Personal Services”. Under these services, a user may be able to directly ask us questions regarding healthy lifestyle, training, and meal plans, etc. Any user purchasing the Personal Services shall have to enter into and be bound under an additional agreement, as per the terms and conditions set forth therein, in addition to these Terms. For the avoidance of any doubt, the Personal Guidance Services will prevail in case of any inconsistency between these Terms and the Policy, which will be supplementary to the Personal Guidance Services.
- Spam, viruses.
You may not use nor allow others to use your username or any information regarding the Blog to e-mail, instant message, voice mail, fax, chat, send spam (e-mail) and spam (instant messages). You may not access the Services to harvest or collect any information about our users for any purpose without our express approval in writing. You must not register multiple usernames for the delivery of unsolicited bulk communications or posting advertising or other notice on any of our services.
We undertake all commercially reasonable measures to exclude viruses and other forms of malicious software from the Blog, but we cannot ensure such exclusion and therefore we offer no liability for such measures.
- Third parties.
Some of our services may be supported by advertising and other promotions. These advertisements may be targeted to the content the Blog. The nature and extent of such advertising by us is subject to change without prior specific notice. Please refer to the Policy for information regarding advertisement opt-out.
When accessing the Blog or using our services, you and other users may post comments, questions, ideas, upload photos and other kind of multimedia content. Company hereby reserves the right (but not the obligation) to remove and/or edit such content, and we have the right but not the obligation to monitor and edit or remove any activity or content.
You hereby grant Company an unlimited, non-exclusive, sub-licensable, transferable, free of any royalty or payment, perpetual, irrevocable, for all the countries and territories on earth, license and right to utilize, replicate, distribute, make imitative works from, alter and disseminate any content you may upload, disseminate, deliver, create or transfer throughout the Blog when you post a message, chat, upload files, input data, send an e-mail, or otherwise submit any content to us, for any media, including the right to use, replicate, share, create imitative works from, alter and disseminate any content, in order for Company to provide its services. You hereby waive all rights to any claim against Company for any actual or alleged infringement of any intellectual property rights, rights of privacy and publicity or moral right, unless set forth in the contrary.
Any content disseminated on the Blog and any discussion forums therein, by you or any other user, shall be treated as non-confidential and non-proprietary.
Company hereby gives you a personal, limited, revocable, worldwide, royalty-free, non-assignable and non-exclusive license to use the services and/or software provided to you by Company.
You may not (and you may not permit anyone else to) alter, change, re-design, copy, modify, replicate, display, sell, create a derivative work of, publicly perform, distribute, republish, reverse engineer, decompile or otherwise attempt to extract the source code of the Blog or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically authorized by us.
- Ownership, trademarks.
All multimedia content included on the Blog, such as graphics, text, logos, video, audio and software is the property of Company and protected by United States and international copyright laws. Reproduction of the content of the Blog without the written permission of Company is strictly forbidden. You hereby acknowledge and accept that you shall not undertake any act intended to hamper anyone’s rights for their content and that you will not attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of content. You hereby represent and warrant that you hold title, or otherwise have authorization from the copyright owner, for any material delivered to our Blog.
Any and all intellectual proprietary rights within the Blog, including, but not limited to, service marks, copyrights, trade names, trademarks and other rights, are safeguarded by exclusive rights and other applicable laws in the United Kingdom as well as other countries and its contents are the sole property of Blog, except as expressly provided in these Terms. Except as provided herein, we do not grant you any express or implied rights or license and all rights in and to the Blog are hereby reserved by us.
The Company logo and other Company’s content, marks, graphics, text, logos, video, audio and software may not be used in connection with any product or service that is not ours, in any manner, without our permission.
- Claims of copyright infringement.
Company stands ready to remove content upon notice and request by the copyright holder. If you believe that any content or other material provided through the Blog allegedly infringes the copyright or you or a third party, please notify IDF of your claim to hello (at) vitpot (dot) com subject: “Takedown Request”). Company may remove any content if it believes or has reason to believe such content infringes on another’s copyright, without prior notice and at any time and at its sole discretion. We may also disable your or any user ability to use the Blog or terminate your access to the Service.
Such notice must be delivered in written form and must include the following information, at the least: (i) an electronic or physical signature and identification of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest; (ii) a description the copyrighted work that allegedly has been infringed and its location within the Blog; (iii) contact information, such as your address, telephone number or email address; (iv) a written statement indicating that you have good faith belief that the disputed use of the copyrighted work is not authorized by the owner; and (v) a statement made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or otherwise are authorized to act on behalf of the copyright owners.
The failure of Company to exercise or enforce any right or provision of these Terms will not be a renounce or waiver of such right or stipulation. If any section of these Terms is determined invalid by a court of competent jurisdiction, the parties nonetheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in such section, and that the other sections of these Terms shall continue to be binding to the parties.
You hereby agree to indemnify, defend and hold harmless Company and/or its affiliates and successors, and its/their managers, employees, agents or other officers, from and against any and all claims, actions, liabilities, demands, losses, causes of action, procedures, orders, damages, costs and expenses (including any reasonable attorney’s fees and expert witnesses therefrom) of any type of nature, incurred by Company and/or its successors, affiliates and successors, and its/their managers, employees, agents or other officers, arising out of or relating to your use of the Blog, your breach of this Terms or the Policy, or your infringement of any rights of any third party.
- Disclaimer of Warranties and Limitations on Liability.
BY ACCESSING OR USING THE SITE, YOU HEREBY REPRESENT AND WARRANT THAT YOU HAVE EXAMINED, ACKNOWLEDGED, AND AGREED TO BE BOUND UNDER THESE TERMS, INCLUDING THIS PARAGRAPH. YOUR USE OF OUR WEBSITE IS AT YOUR OWN RISK. WE SUPPLY OUR SERVICES “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE”, INCLUDING ALL MATERIALS, COMPUTER PROGRAMS, MULTIMEDIA CONTENT, GOODS, FUNCTIONALITIES, AND/OR INFORMATION MADE AVAILABlE THROUGH. ACCORDINGLY, COMPANY IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE THEREFROM AND COMPANY HEREBY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES REGARDING THE GOODS OR SERVICES OFFERED BY THIRD PARTIES LISTED ON THE SITE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE SERVICES. THE USE ON YOUR PART OF THE PRODUCTS AND/OR SERVICES PROVIDES BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY COMPANY SHALL CREATE A REPRESENTATION OR WARRANTY.
COMPANY WILL NOT BE HELD RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITE, OR REGARDING HYPERLINKS TO THIRD PARTY WEBSITES, OR FOR ANY SECURITY BREACH ASSOCIATED WITH THE TRANSMISSION OF PERSONAL DATA THROUGH THE SITE OR ANY OTHER WEBSITE, FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, LOSS OF INFORMATION OR DATA OR FOR ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE SUCH, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM OUR NEGLIGENCE OR GROSS NEGLIGENCE.
THE UNITED KINGDOM MAY NOT ALLOW US TO LIMIT OUR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR EXCLUDE SOME WARRANTIES. IN SUCH CIRCUMSTANCES, COMPANY’S LIABILITY AND WARRANTIES SHAL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
COMPANY’S MAXIMUM CUMULATIVE LIABILITY TO YOU FOR LOSSES OR DAMAGES ARISING IN CONNECTION WITH YOUR ACCESS OF THE SITE UNDER THESE TERMS SHALL BE LIMITED TO: (I) THE QUANTITIES PAID, IF ANY, BY YOU TO US, IN CORRELATION TO THE SITE DURING THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (II) USD$100, WHICHEVER IS LOWER. YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY WARRANTY PROVIDED HEREIN ARE FAIR AND REASONABLE.
- Forum, Governing Law.
Any dispute arising from the use of the Blog or the interpretation of the Terms is governed by the laws of the United Kingdom, which will govern these Terms, as well as any claim, dispute and/or cause of action that might arise between you and Company, without regard to conflict of law to principles. You agree to submit to the personal jurisdiction of the state and federal courts located in the United Kingdom. All communications regarding legal matters must be made in writing and delivered via post, courier or e-mail to:
hello (at) vitpot (dot) com
If deemed necessary, Company shall send notices to user as per the information provided by user at the time of opening an account.
BY AGREEING TO THESE TERMS, YOU ARE HEREBY WAIVING ANY CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US NOW OR IN THE FUTURE BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN, FOR THE PURPOSE OF RESOLVING SUCH CLAIMS.
You may terminate the Terms at any time by closing your account and/or discontinuing your use of the Blog.
Company may limit, suspend or even terminate your account, temporarily or indefinitely, at its sole and final discretion, if: (i) you breach these Terms; (ii) Company is unable to verify or validate any information provided by the Account Holder; and/or (iii) Company believes in good faith that your actions may cause financial loss or legal liability to Company.
These Terms shall be the only and final understanding regarding the Blog and any Content hereinto, and supersede any prior or contemporary communication between you and Company regarding the Blog.
If any section of these Terms is found to be un-executable or invalid, then only that provision shall be modified or eliminated only to the extent necessary so that the Terms shall remain in full force and effect and otherwise enforceable.
Unless stated otherwise by these Terms, nothing therein shall create or be intended to a partnership or employment relationship between you and Company.
Company shall not be responsible for any failure to act upon these Terms because of any event beyond its reasonable control, including, without limitation, interruption of Internet service, fire, terrorism, natural disaster, Acts of God or war.
Failure by Company to impose any of its rights under these Terms shall not be interpreted as a waiver of any rights hereon, nor any other rights in any manner whatsoever.
Any rights or obligations hereunder are not assignable by you, unless we provide our prior written consent. Notwithstanding the foregoing, we may assign any rights or obligations hereunder. Any other assignment on your behalf shall be null and void.
You acknowledge that, notwithstanding any conflicting rule or law, any claim or course of action arising out of or related to use of the Blog must be filed within one year after such claim or course of action arose or be forever barred.
The parties hereby acknowledge that the terms and conditions indicated herein shall not operate for the benefit of any third party.