Last Updated: Nov 30, -0001
NOURISH INTERNATIONAL AND CREW2030
Last Updated: August 22, 2016
4.1 Points. The Nourish International Service may include opportunities for you to earn (including by completing actions or activities, or otherwise participating to the Nourish International community), and use virtual points (“Platform Points”) and to obtain goods or other rewards in exchange for those points (together “Rewards”). Regardless of what they are called, Platform Points are not real money, do not have monetary value, and may never be redeemed for “real world” money, or other items of monetary value from outside the Nourish International Service without our written permission. While we may use terms like “earn”, “trade-in”, or “cash-out” in reference to the Platform Points, we do so only for convenience and such terms in no way indicate that Platform Points have monetary value or are real money. You acknowledge that Platform Points are not real currency and are not redeemable for any sum of money from us at any time. We make no guarantee as to the nature, quality, or value of the features of the Nourish International Service or any third-party good or services that will be accessible through the use of Platform Points, or the availability or supply of Platform Points. Platform Points and Rewards obtained via the Nourish International Service are provided to you under a limited, personal, revocable, non-transferable, non-sublicenseable license to use within the Nourish International Service. Platform Points and Rewards may not be transferred or resold in any manner, including, without limitation, by means of any direct sale or auction service. Rewards may be subject to a separate third-party license or agreement. Except as perhaps specifically provided to you in writing by a third party as to third-party Rewards, you have no property interest, right or title in or to any such Platform Points or Rewards appearing or originating in the Nourish International Service or any other attributes associated with use of the Nourish International Service. Any “virtual currency” balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license.
All Platform Points and Rewards are forfeited if your account or access to the Nourish International Service is terminated or suspended for any reason, in our sole and absolute discretion, or if we discontinue availability of some or all of the Nourish International Service. We may at any time expire free or promotional Platform Points given to you.
We have no liability for hacking or loss of your Platform Points or any goods or services obtained using Platform Points. We have no obligation to, and will not, reimburse you for any Platform Points or Rewards that are lost due to your violation of these Terms. We reserve the right, without prior notification, to limit the quantity of Platform Points or Rewards and to refuse to provide you with any Platform Points or Rewards. Price, exchangeability and availability of Platform Points and Rewards are determined by us in our sole discretion and are subject to change without notice. You agree that we have the absolute right to manage, distribute, regulate, control, modify, or eliminate Platform Points as we see fit in our sole discretion, and that we will have no liability for exercising such right.
You agree that under no circumstances are we liable to you for any damages or claims that may arise from the loss or use of your Platform Points regardless of the circumstances. You absolve us of any responsibility to maintain or update your Nourish International account Platform Points or Rewards balance. However, if there is a loss of Platform Points in your account due to technical or operational problems with the Nourish International Service, we will refund the lost Platform Points once the loss has been verified. Without limiting any of the foregoing, our maximum liability or responsibility to you is to refund the Platform Points lost.
4.2 Redeeming Points. You may from time to time be presented with opportunities to redeem Platform Points for Rewards. We will, in our sole discretion, determine and communicate the availability and exchange rate for any Platform Points and Rewards, which may be modified at any time. You must comply with any individual Reward limitations as indicated via the Nourish International Service (or Platform Partner’s terms). We reserve the right to cancel, restrict or terminate Platform Points or Rewards at any time for any reason. All Rewards are subject to availability. All redemptions are subject to these Terms, any thirdparty terms associated with a Reward, and all limitations and requirements stated via the Nourish International Services. You may choose a Reward that is still available for which you have accumulated sufficient Platform Points for redemption. Select the Reward you wish to use and follow and instructions to complete the redemption process. As part of the redemption process, you may receive a confirmation email or message from us or our designee or Rewards partner and, when applicable, an email or message containing the Platform Points in the form of a link, code, coupon, or similar means. Emails or messages will be sent to the email address or other contact information assigned to your account.
All acquisitions of Platform Points and redemptions for Rewards are final. Once Platform Points has been lost or spent, it will be subtracted from your account and cannot be refunded or returned, except in our sole discretion. No Platform Points will be re-credited to your account in the event of a return or exchange of a Reward, or any problem with any Rewards.
5.1 User Content Generally. Certain features of the Service may permit users to upload content to the Service, including Microsoft Word documents, Microsoft Excel spreadsheets, Microsoft PowerPoint presentations, messages, photos, video, images, folders, data, text, and other types of works (“User Content”) and to publish User Content on the Service. You retain copyright and any other proprietary rights that you may hold in the User Content that you post to the Service.
5.2 Limited License Grant to Nourish International. By posting or publishing User Content, you grant Nourish International a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
5.3 Limited License Grant to Other Users. By posting or sharing User Content with other users of the Service, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.
5.4 User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting or publishing User Content, you affirm, represent, and warrant that:
5.5 User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Nourish International may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Nourish International with respect to User Content. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Nourish International does not permit copyright-infringing activities on the Service.
6.1 DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights related complaint about material posted on the Service, you may contact our Designated Agent at the following address:
ATTN: Legal Department (Copyright Notification)
351 17th Ave.
San Francisco, CA 94121
Email: copyright@Nourish International.org
Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:
6.2 Repeat Infringers. Nourish International will promptly terminate without notice the accounts of users that are determined by Nourish International to be “Repeat Infringers.” A Repeat Infringer is a user who has been notified of infringing activity or has had User Content removed from the Service at least twice.
7.1 use the Service for any illegal purpose or in violation of any local, state, national, or international law;
7.2 violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
7.3 post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
7.4 interfere with security-related features of the Service, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
7.5 interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Service; (c) attempting to collect personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service, or violating any regulation, policy, or procedure of any such network, equipment, or server;
7.6 perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;
7.7 sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 12) or any right or ability to view, access, or use any Material; or
7.8 attempt to do any of the acts described in this Section 7, or assist or permit any person in engaging in any of the acts described in this Section 7.
10.2 Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”), such as end-user license agreements for any downloadable software applications, or rules that applicable to a particular feature or content on the Service, subject to Section 11. All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE Nourish International ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE Nourish International ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE Nourish International ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALING WITH ANY OTHER SERVICE USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH
THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
IN NO EVENT WILL THE NOURISH INTERNATIONAL ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY NOURISH INTERNATIONAL ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
EXCEPT AS PROVIDED IN SECTION Error! Reference source not found.(iii), THE AGGREGATE LIABILITY OF THE NOURISH INTERNATIONAL ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO Nourish International FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT(S) OR CIRCUMSTANCES GIVING RISE TO CLAIM; OR (B) $100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 16 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.