10. World Meats Content
All content on the World Meats Platform, including, without limitation, text, images, graphics, illustrations, logos, patents, trademarks, copyrights, service marks, photographs, audio, videos, ‘look and feel’ of the World Meats Platform, and all intellectual property rights related thereto (collectively, the “World Meats Content”), are either owned or licensed by World Meats. Use of the World Meats Content for any purpose not expressly permitted by these Terms is strictly prohibited. You agree not to download, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise use the World Meats content for any purpose whatsoever without our (or our licensor’s) prior written express consent, which consent may be withheld for any reason whatsoever.
Subject to these Terms, you are granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide license to access and use the World Meats Platform and to access the World Meats Content solely for your personal, non-commercial use. You agree that this license may be terminated by us at any time and for any reason or no reason, and World Meats reserves all rights not expressly granted herein in the World Meats Platform and the World Meats Content.
World Meats makes no representations, warranties or guarantees, whether express or implied, that any World Meats Content is accurate, complete or up to date. World Meats has no control over the contents of any third party site or resource and where the World Meats Content contains links to such third party sites and resources, the links are provided for informational purposes only. Accordingly, such third party links should not be interpreted as approval by us of those linked websites or information you may obtain from them. You also agree that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the World Meats Platform (including user ratings, reviews and comments).
11. User-Generated Content
Users of the World Meats Platform may be permitted to post, upload or otherwise submit comments pertaining to products available on the World Meats Platform (collectively, “User Content”).
You warrant and agree that User Content created by you will comply with these Terms. You further agree that you will be liable to us and indemnify us for any breach of this warranty, including, without limitation, bearing responsibility for any loss or damage we suffer as a result of your breach of warranty.
Any User Content will be considered non-confidential and non-proprietary. In addition, you further grant us a royalty-free license to use your username and any other identifying information that you have provided to us to identify you as the source of any of your User Content.
All of the rights you grant in your User Content in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of third party services will not have any separate liability to you or any other third party for User Content posted or used on such third party service via the World Meats Platform.
Waiver of Rights to User Content. By posting User Content, you waive any and all rights of privacy, publicity or other similar rights in connection with your User Content or any portion thereof. You further agree to waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also hereby agree to waive and never assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in any User Content you post through the World Meats Platform, to the extent any such moral rights are not transferable or assignable.
We reserve the right to delete, edit, or refuse to post your User Content at our sole discretion, if, in our opinion, your post does not comply with these Terms or in response to complaints from other users or third parties, with or without notice and without any liability to you.
We do not guarantee the accuracy, integrity, appropriateness or quality of any User Content, and under no circumstances will we be liable in any way for any User Content.
Any feedback that you provide to us, including, without limitation, comments, suggestions for improvements, product features, new products, product modifications or enhancements, technologies, computer code or other materials (collectively, “Feedback”), then regardless of what your accompanying communication may say, the following shall apply: (i) we have no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason, (ii) Feedback is provided on a non-confidential basis, and we are not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way, and (iii) you irrevocably grant us perpetual and unlimited permission to use and exploit the Feedback or any part thereof (and whether as provided or as modified) for any purpose and without restriction, free of charge and without attribution of any kind.
12. Indemnity
You agree to defend, indemnify, and hold harmless World Meats, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, legal fees and expenses, arising out of a breach by you or any user of your account of these Terms or arising out of a breach of your obligations, representation and warranties under these Terms.
13. EXCLUSION OF WARRANTIES
NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE AND ARE LEGALLY ALWAYS ENTITLED TO AS A CONSUMER.
THE SERVICES ARE PROVIDED “AS IS” AND WE MAKE NO WARRANTY OR REPRESENTATION TO YOU WITH RESPECT TO THEM. IN ADDITION, WE DO NOT REPRESENT OR WARRANT TO YOU THAT:
YOUR USE OF THE WORLD MEATS PLATFORM WILL MEET YOUR REQUIREMENTS;
YOUR USE OF THE WORLD MEATS PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE WORLD MEATS PLATFORM WILL BE ACCURATE OR RELIABLE; AND
DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE WORLD MEATS PLATFORM WILL BE CORRECTED.
NO CONDITIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION) APPLY TO THE SERVICES EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THESE TERMS. WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF THE WORLD MEATS PLATFORM FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE.
14. LIMITATION OF LIABILITY
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
SUBJECT TO THE PARAGRAPH ABOVE, WE SHALL NOT BE LIABLE TO YOU FOR:
ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY);
ANY LOSS OF GOODWILL;
ANY LOSS OF OPPORTUNITY;
ANY LOSS OF DATA SUFFERED BY YOU;
ANY INDIRECT OR CONSEQUENTIAL LOSSES WHICH MAY BE INCURRED BY YOU. ANY OTHER LOSS WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO WORLD MEATS WITHIN THE LAST 12 MONTHS.
ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF:
- ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND WORLD MEATS OR BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WORLD MEATS PLATFORM;
- ANY CHANGES WHICH WE MAY MAKE TO THE WORLD MEATS PLATFORM, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE WORLD MEATS PLATFORM (OR ANY FEATURES WITHIN THE WORLD MEATS PLATFORM);
- THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE WORLD MEATS PLATFORM;
- YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; OR
- YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.