Terms of Use
Effective: April 2016. 

By accessing or using the goVegn mobile application, or any other applications, websites or services made available by goVegn (together, the "Service"), you (“You” or “you”), a user of the Service, agree to be bound by these terms of use ("Terms of Use"). If you do not agree to these Terms of Use, do not access or use the Service. 


Basic Terms

  1. Your Age: You must be at least 13 years old to use the Service.

  1. Account Access: goVegn allows you to access certain features of the app, like browsing other user content, without creating an account or setting up a username and profile. Note that you will be required to create an account if you want to check-in any items or access other parts of the Service.
  2. User Identity: With the exception of people or businesses that are authorized to create accounts on behalf of their employers or clients, goVegn prohibits the creation of an account representing anyone other than your yourself.

  1. Prohibited content: You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos, or other content deemed socially unacceptable via the Service.

  1. User conduct: You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate goVegn users.  
  2. Account Responsibility: You are solely responsible for your conduct and all content that occurs through your account. You are solely responsible for all text, photos, videos, links (collectively, the “Content”) that you submit, post or display on or via the Service. You are also solely responsible for your interaction with other users of the Service and understand that goVegn is not responsible or liable for the conduct of any user.
  3. Non transferrable license: you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights.

  1. Use Restrictions: You may not use the Service for any illegal or unauthorized purpose. goVegn prohibits crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and photos.

  1. Account Security: You are solely responsible for the security of your account and must notify goVegn immediately of any breach of security or unauthorized use of your cell phone or account.

  1. Limitation of Liability: You understand and agree that goVegn is not responsible for the Content posted on the Service, the Content is offered “As Is” and that you use the Service at your own risk.

Violation of these Terms (in letter or spirit), in goVegn's sole discretion, may result in termination of your goVegn account.

General Conditions

  1. Modifications to the Service: goVegn reserves the right to modify, suspend or terminate any part (or all) of the Service for any reason, at any time, without notice, and without liability. Upon termination, all licenses and other rights granted to you in these Terms will immediately cease.

  1. Modifications to Terms: goVegn may change these Terms from time to time without prior notice. The Updated Terms will be effective at the time of posting. Your use of the Service after the modified Terms have been posted constitutes your agreement to the Updated Terms.

 

  1. Refusal of Access: goVegn reserves the right to refuse access to the Service or limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction for any reason at any time.  

  1. Usernames: We reserve the right to force forfeiture of any username for any reason.

  1. Monitoring Content: goVegn reserves the right, but has no obligation to monitor, remove and/or block, Content posted to the Service.

  1. Your rights: You have the right to inform the goVegn team if you feel threatened or harassed by other users, or if you feel that other users have posted inappropriate content or have violated any part of these Terms. The goVegn team will investigate such cases and take necessary action if it is determined that these Terms have been violated. 

  1. Third Party Links: There may be direct links from the Service to third-party web sites, or links to third-party web sites in images or comments within the Service that may include advertisements or other commercial information. goVegn does not endorse any of the third-party content, ads or products.You expressly acknowledge and agree that goVegn is in no way responsible or liable for any business dealings with third parties found through the service.
  2. Social Media Links: the Service may include a feature that enables you to share Content from the Service with a third party, which may be publicly posted on that third party's service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. goVegn does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that goVegn is in no way responsible or liable for any such third-party services or features.

  1. Data Charges: You agree that you are responsible for all data charges you incur through use of the Service.

  1. Compliance: You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content, including but not limited to, copyright laws.


Rights

  1. goVegn does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to goVegn a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service, subject to the Service's Privacy Policy.
  2. Some or all of the Service may be supported by advertising revenue and may display advertisements and promotions, and you hereby agree that goVegn may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
  3. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
  4. You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.
  5. The goVegn name and logo are trademarks of goVegn, and may not be copied, imitated or used, in whole or in part, without the prior written permission of goVegn.
  6. Although it is goVegn's intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades. Also, goVegn reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by goVegn, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, goVegn encourages you to maintain your own backup of your Content. goVegn will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content.
  7. You agree that goVegn is not responsible for, and does not endorse, Content posted within the Service. goVegn does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content.
  8. Except as otherwise described in the Service's Privacy Policy, as between you and goVegn, any Content will be non-confidential and nonproprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with goVegn is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit.

Copyright and Other IP Violations

  1. We respect other people's rights, and expect you to do the same.
  2. We provide you with tools to help you protect your intellectual property rights.
  3. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.

Disclaimer of Warranties

THE GOVEGN SERVICE AND CONTENT IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. GOVEGN, INCLUDING ANY OF ITS EMPLOYEES, DIRECTORS, MANAGERS, OFFICERS, OR SHAREHOLDERS, HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

Limitation of Liability; Waiver

GOVEGN WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON ITS BEHALF, OR FROM YOUR RELIANCE ON THE CONTENT OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, CONTENT ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH THE SERVICE, OR WITH OTHER USERS ON OR THROUGH THE SERVICE, OR FROM ANY DENIAL OR CANCELLATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SERVICE. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO CORRECTING SUCH ERRORS, OR MALFUNCTIONS, AND IN LIGHT OF THE RELEVANT CIRCUMSTANCES.


Indemnification

You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at goVegn's request), indemnify and hold the goVegn Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by goVegn in the defense of any claim. goVegn reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of goVegn.

Governing Law & Venue

These Terms of Use are governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. For any action at law or in equity relating to the arbitration provision of these Terms of Use, the Excluded Disputes or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with goVegn exclusively in a state or federal court located in Santa Clara, California, and to submit to the personal jurisdiction of the courts located in Santa Clara County for the purpose of litigating all such disputes.

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. goVegn's failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. goVegn reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with goVegn.

Entire Agreement

If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and goVegn and governs your use of the Service, superseding any prior agreements between you and goVegn. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of goVegn. Any purported assignment or delegation by you without the appropriate prior written consent of goVegn will be null and void. goVegn may assign these Terms of Use or any rights hereunder without your consent. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.