These Terms of Service govern your access to and use of this website ("Site") and Taste of Veracruz's Services, as defined below, that you select. Taste of Veracruz is a Media Site Provider. You are responsible for ensuring all persons who access or use our Site and Services understand and comply with these Terms. We make the Site and Services We offer on it available to you subject to these Terms.
By using the Site and/or Services, You are accepting these Terms and any modifications we make to them from time to time.
Read these Terms carefully and completely. The Terms describe Taste of Veracruz's rights with respect to the Site and Services and Your obligations with respect to your use of the Site and Services. Do not use the Site or Services if You do not want to accept these Terms.
THESE TERMS INCLUDE A BINDING ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS. PLEASE CAREFULLY REVIEW THE ARBITRATION, CLASS WAIVER AND JURY TRIAL WAIVER SECTION BELOW.
I. Definitions
A. "Applicable Law(s)" means all federal, state and local laws, statutes, rules, regulations, ordinances, industry standards or established regulatory guidance, including but not limited to, those relating to advertising, marketing, consumer protection, data protection, privacy, data security, security breach notification, artificial intelligence or export controls in any jurisdiction in the United States and the District of Columbia, including any and all future amendments thereto or applicable laws.
B. "Parties" means Taste of Veracruz and You. Taste of Veracruz and You are each a "Party."
C. "Services" means producing a media site as a digital platform that enables users to store, share, and access various forms of human or AI-based media content. This may include advertising or displaying content, as seen in definitions related to digital display sites for advertising purposes.
D. "Taste of Veracruz" "Us" or "We" means Taste of Veracruz, and Taste of Veracruz's parent company(ies), affiliate entities, subsidiaries, officers, directors, employees, freelancers, independent contractors, business partners, software as a service providers, agents, successors and assigns.
E. "Terms" mean and refer to these Terms of Service.
F. "User" refers to a person who has accessed this Site, created an Account with Taste of Veracruz, who has access to that Account, and/or used Our Services, and their respective officers, directors, employees, independent contractors, subsidiaries, affiliates, agents, or successors. A User is older than 18 years of age.
G. "User Account" refers to a User's Taste of Veracruz Account.
H. "You" and "Your" means the Taste of Veracruz User.
II. Ownership of Intellectual Property; Grant of License; Confidentiality
A. Ownership of Intellectual Property. The Site, the Services and any and all related platforms, websites, and their entire contents, features, and functionality, including but not limited to all information, trademarks, copyrights, patents, or other forms of intellectual property, software, technology, documentation, tools, widgets, data, personal information, text, displays, images, video and audio, and the design, selection, and arrangement thereof, in any medium, are operated and offered by Taste of Veracruz , its licensors, or other providers of such material (“Business Content”). All Business Content is protected by United States and international intellectual property laws. Except as expressly provided in this Agreement, license and access to the Site, and the Services under this Agreement do not grant any right, title, interest, or license to any Business Content.
B. Grant of License. Subject to the terms and conditions of this Agreement and for the Subscription Term, Taste of Veracruz hereby grants to You, a limited, nontransferable, nonassignable, and nonexclusive license and access to the Business Content and the Services. Subject to these Terms, Taste of Veracruz grants You a limited, nontransferable, nonexclusive, nonassignable license and access the Site through a generally available web browser or mobile device to view content and information and otherwise use the Site consistent with its functionality and in accordance with these Terms. Any other use of the Site is strictly prohibited and a violation of these Terms.
All software brands or related brands including Taste of Veracruz and any and all trademarks, service marks, logos, trade name and other branding indicia used by Us on our Site or with our Services are proprietary marks of Taste of Veracruz, and the use of those marks is strictly prohibited. Nothing herein gives You the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Taste of Veracruz or any of Taste of Veracruz ’s affiliates. You grant us the right to use Your trademark, service mark, tradename, logo or other branding indicia in any case study or marketing materials relating to Your Results or You use of the Services.
C. Confidentiality. Each Party shall retain in confidence and shall not, without prior written consent of the other Party (the “Disclosing Party”), disclose in any manner or use any information disclosed to a Party (the “Receiving Party”) any information that is either identified as confidential by the Disclosing Party or would be reasonably expected to be treated as confidential under the circumstances, except in the performance of its obligations or enjoyment of its rights under this Agreement (“Confidential Information”). The Business Content shall be deemed Confidential Information, regardless of how marked or identified. This Section shall impose no obligation upon the Receiving Party with respect to any information that: (i) is publicly available at the time received by Receiving Party; (ii) becomes publicly available other than by breach of the Receiving Party’s obligations hereunder; (iii) is known to the Receiving Party prior to receipt from the Disclosing Party; (iv) is received by the Receiving Party from a third party if such third party has the right to make such disclosure; (v) is independently developed by the Receiving Party without use of Confidential Information; or (vi) is required to be disclosed by law.
D. Certain Restrictions. The rights granted to You in these Terms are subject to the following restrictions:
- You agree not to make any commercial use of the Site or its content or the Services, it is for Your internal business purposes only;
- You agree not to copy, modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Site or the Services, or otherwise attempt to discover any underlying technical information (except where Applicable Law prohibits such restrictions); except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means;
- You agree not to upload, transmit, or distribute any computer viruses, worms, malware, or any software intended to damage or alter a computer or communication network, computer, handheld mobile device, data, the Services, the Site, or any other system, device or property;
- You agree not to interfere with, disrupt, or attempt to gain unauthorized access to, the servers or networks connected to the Site or Services or violate the regulations, policies, or procedures of such networks;
- You agree not to access (or attempt to access) any of the Site by means other than through the interface that is provided by Us;
- You agree not to remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with the Site;
- You agree not to use the Site or Services to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others; and
- You must not use our Services for any marketing or advertising that may be or is tortious, libelous, offensive, infringing, harassing, harmful, disruptive or abusive, including hate speech.
III. Indemnity
You agree to defend, indemnify and hold harmless Taste of Veracruz , its officers, directors, employees, owner(s), affiliates, subsidiaries, agents, business partners, software as a service provider, software host, content provider and successors and assigns from and against all claims, demands, and causes of action of every kind arising out:
(i) any User Content, materials, information or data that You upload into our systems or any Result (“Customer Materials”), including without limitation, that such Customer Materials violate or infringe any third party’s patent, copyright, trademark, trade secret or other proprietary right; (ii) Your failure to comply with any or violation of Applicable Law or rights of a third party; and (iii) Your failure to comply with these Terms. You agree not to settle any such indemnification matter that requires action or inaction by Taste of Veracruz or imposes obligations on Taste of Veracruz without Taste of Veracruz ’s prior written consent.
IV. Warranty Disclaimer
Taste of Veracruz does not promise, guarantee or warrant Your business success, income, or sales. You understand and acknowledge that Taste of Veracruz will not at any time provide sales leads or referrals to You. Additionally, Taste of Veracruz ’S WEBSITES AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. Taste of Veracruz MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE, CREATED, OR PRODUCED THROUGH ANY Taste of Veracruz WEBSITE OR SERVICE. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. Taste of Veracruz MAKES NO REPRESENTATION OR WARRANTY (A) THAT ANY Taste of Veracruz WEBSITE OR SERVICES WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO ANY Taste of Veracruz WEBSITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (B) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (C) THAT ANY Taste of Veracruz ’S WEBSITE, SERVICES OR THE SERVERS OR NETWORKS THROUGH WHICH ANY Taste of Veracruz ’S WEBSITE OR SERVICE IS MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Taste of Veracruz HAS NO OBLIGATIONS OR RESPONSIBILITY RELATED TO ANY MODIFICATIONS MADE TO IT SERVICES, INCLUDING WITHOUT LIMITATION, THE COMBINATION OF THE SERVICES WITH ANY OTHER SYSTEMS, HARDWARE, TECHNOLOGY, CONTENT OR DATA.
V. Limitation of Liability
NOTHING IN THIS LIMITATION OF LIABILITY SHALL EXCLUDE LIABILITY THAT CANNOT BE EXCLUDED OR WAIVED UNDER APPLICABLE LAW. TO THE MAXIMUM AMOUNT PERMITTED UNDER APPLICABLE LAWS, YOU AGREE THAT IN NO EVENT SHALL Taste of Veracruz ’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY YOU ARE WORKING WITH FOR ANY DAMAGES CLAIM OF ANY KIND OR DESCRIPTION EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO Taste of Veracruz FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST Taste of Veracruz OCCURRED, INCLUDING WITHOUT LIMITATION ANY CLAIMS ABOUT THIRD PARTY PRODUCTS AND SERVICES AND ANY INTELLECTUAL PROPERTY CLAIMS. YOU AGREE THAT IN NO EVENT SHALL Taste of Veracruz BE LIABLE FOR ANY DAMAGES CLAIM RELATED TO SPECIAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST DATA OR LOST PROFITS RELATING TO THE SITE OR SERVICES.
VI. Force Majeure
Taste of Veracruz will not be responsible to You for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in these Terms, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, pandemic, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of Taste of Veracruz . Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under these Terms. Taste of Veracruz shall not be required to adjust any labor or other similar dispute except in accordance with Applicable Law.
VII. Assignment of Rights
Taste of Veracruz may assign its rights under these Terms at any time, without notice to You to any entity, including without limitation, (i) to a subsidiary or affiliate; (ii) an acquirer of our equity, business or assets; or (iii) a successor by merger or restructuring. Your rights arising under these Terms cannot be assigned without Taste of Veracruz ’s or its assigns express written consent.
VIII. Information; Registration; Usernames and Passwords
As a User of Taste of Veracruz ’s Services, You will be required to create a User Account with Taste of Veracruz and provide certain information for the applicable registration form. You warrant and represent that: (i) the information You provide Us is truthful and accurate and you agree to maintain the accuracy of such information, (ii) You are not impersonating another person; (iii)You are responsible for maintaining the confidentiality of any password You may use to access Your Taste of Veracruz User Account, and You agree not to transfer Your password or username or lend or otherwise transfer Your use of or access to Your User Account, to any third party; (iv) You are fully responsible for all transactions with, and information conveyed to, Taste of Veracruz under Your User Account: (v)You are entirely responsible for maintaining the confidentiality of Your User Account and agree to immediately notify Taste of Veracruz of any unauthorized use of Your password or Username or any other breach of security related to Your User Account. You agree that Taste of Veracruz is not liable, and You will defend and hold Taste of Veracruz harmless, and indemnify them for any loss or damage arising from Your failure to comply with any of the foregoing obligations.
IX. 3rd Party Services and Related Policies
By using our Services, You acknowledge and agree to the YouTube Terms of Service and any other social media or marketing sites where We may post content. We encourage all our Users to familiarize themselves with these terms of these sites, which govern Your use of any sites, applications,. The Site and Services may contain links and interactive functionality interacting with the websites of third parties, including social networking sites. We do not endorse and We are not responsible for and have no liability for functionality, actions, inactions, privacy setting, privacy policies or content of any such website. YOUR USE OF THE THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.
X. Prohibited Activity
Taste of Veracruz has the right to terminate these Terms at any time if You engage or have ever engaged in any of the following, each of which is deemed a material breach by You:
A. Harmful Acts. Any dishonest or unethical business practice; any violation of the law; infliction of harm to Taste of Veracruz and/or any of its brand’s reputation; and the violation of the rights of Taste of Veracruz or any third party.
B. Spam and Unsolicited Communications Any communications sent or authorized by You reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third party blogs), including any that violate any state and local anti-spamming or analogous laws. We have zero tolerance for UCE/spam.
C. Offensive Communications. Any communication sent, posted, or authorized by You, including without limitation postings on any website operated by You, or social media or blog, which are: sexually explicit, obscene, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; solicitous of unlawful behavior; promoting the sale or use of illegal drugs, or that violates the intellectual property rights of another.
XI. Compliance with Law.
Your use of our Sites and Services must comply with all Applicable Laws and court orders of any kind of any jurisdiction applicable to You, Us, and any recipient to whom You use our Services with.
You have the responsibility to be aware of and understand all Applicable Laws and ensure that You and all Users of Your Account comply at all times with Applicable Laws.
XII. Digital Millennium Copyright Act
Taste of Veracruz may act as a “service provider” (as defined by DMCA) and offer services as an online provider of materials and links to third-party websites. As a result, third-party materials that Taste of Veracruz does not own or control may be transmitted, stored, accessed, or otherwise made available using the Site or Services. Taste of Veracruz has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of Taste of Veracruz or a third-party, or that has otherwise violated any intellectual property laws or regulations, or these Terms. If You believe any material available through the Site infringes a copyright, You should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C Sect. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. You should address infringement notices under the DMCA to: Copyright Agent, Taste of Veracruz, , Attn: aaron@aaronmills.marketing.
Please provide the following information in the notice:
- Identify the copyrighted work or other intellectual property that You claim has been infringed;
- Identify the material on the Site or Services that You claim is infringing, with enough detail so that we may understand it;
- A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by You declaring under penalty of perjury that (i) the above information in Your notice is accurate, and (ii) that You are the owner of the copyright interest involved or that You are authorized to act on behalf of that owner;
- Your address, telephone number, and email address; and
- Your physical or electronic signature.
XIII. Arbitration, Class Action Waiver, Jury Trial Waiver, Governing Law, and Injunctive Relief
A. Disputes.
You and Taste of Veracruz agree that, except as provided below, any dispute, claim or controversy arising out of or relating in any way to the Site, Content, the Services or any other content, tools or services provided by Taste of Veracruz , or these Terms (a “Claim”) will be determined by solely by confidential and binding arbitration, instead of a court. The venue for the arbitration shall be the State Of .
What is Arbitration?
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision and that You and Company are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and/or the termination of the Site.
Either party may submit a dispute to final and binding arbitration. You may file for an arbitration by first sending to Taste of Veracruz a written Notice of Your Claim ("Notice of Claim"). The Notice of Claim to Taste of Veracruz should be sent in care of our registered agent Attn: Taste of Veracruz , .
The Notice of Claim should include both the mailing address and email address You would like Taste of Veracruz to use to contact You. If Taste of Veracruz elects to seek arbitration, it will send, by certified mail, a written Notice of Claim to Your address on file. A Notice of Claim, whether sent by You or by Taste of Veracruz , must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific amount of damages or other relief sought.
You and Taste of Veracruz agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost and mutually beneficial outcome. You and Taste of Veracruz , therefore, agree that, after a Notice of Claim is sent but before either You or Taste of Veracruz commence arbitration against the other, We will personally meet, via telephone or videoconference, in a good-faith effort to confer with each other and try to resolve informally any Claim covered by this Agreement. If You are represented by counsel, Your counsel may participate in the conference as well, but You agree to fully participate in the conference. Likewise, if Taste of Veracruz is represented by counsel, its counsel may participate in the conference as well, but Taste of Veracruz agrees to have a company representative fully participate in the conference. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.
If We do not reach an agreement to resolve the Claim within sixty (60) days after the Notice of Claim is received, You or Taste of Veracruz may commence an arbitration proceeding by filing a Demand for Arbitration. You agree that You may not commence any arbitration unless You and Taste of Veracruz are unable to resolve the claim within 60 days after We receive Your completed Notice of Claim and You have made a good faith effort to resolve Your claim directly with Taste of Veracruz during that time. You may download or copy a form of notice and a form to initiate arbitration at www.adr.org or by calling 1-800-778-7879. The arbitration will be conducted by the AAA before a single AAA arbitrator under the AAA's rules, which are available at www.adr.org or by calling 1-800-778-7879, except as modified by this Agreement. Unless Taste of Veracruz and You agree otherwise, any arbitration hearings will take place in the county (or parish) of either Your residence or of the mailing address You provided in Your Notice of Claim.
Discovery/Document Exchange/Evidence/Burden
Discovery and/or the exchange of documents in any such arbitration proceeding shall be permitted to the extent allowed by Fed.R.Civ. P. 26(a)(1), and as to other documents or information, upon a finding of good cause by the arbitrator. The Federal Rules of Evidence shall govern the admissibility of information or evidence presented at the arbitration, and the Party seeking a remedy shall have the burden of proving by a preponderance of the evidence such Party's entitlement thereto.
Selection of Arbitrator
A single, neutral arbitrator, with at least ten years of experience, shall be mutually selected by the Parties. In the event the Parties are unable to mutually agree upon an arbitrator, the Parties shall select an arbitrator as provided for by the rules governing the dispute. You may obtain a copy of the AAA Commercial Arbitration Rules and Procedures at https://www.adr.org/Rules.
Arbitral Decision/Review
The arbitrator shall have the authority to hear and grant dispositive motions in the matter. The arbitrator shall also have the exclusive authority to determine whether a claim is arbitrable or otherwise covered by this Agreement. Within 30 days of the close of the arbitration hearing, or at any later time to which the parties agree, the arbitrator shall issue a final written decision, separately stating his or her findings of fact and conclusions of law on which the ruling is based with respect to any ruling on dispositive motions or a final arbitration award. The arbitrator shall have no authority or power to add to or to subtract or otherwise modify this Agreement. The arbitrator's award or other decision shall be final and binding on the Parties. Judgment on any award may be entered in any court having jurisdiction as set forth immediately below.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. If the arbitrator finds that either the substance of Your Claim or the relief sought in Your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules and Company will not reimburse Your initial filing fee. The parties agree that the AAA has discretion to modify the amount or timing of any administrative or arbitration fees due under the AAA Rules where it deems appropriate, provided that such modification does not increase the AAA fees to You or Taste of Veracruz and You and Taste of Veracruz waive any objection to such fee modification.
CLASS-ACTION WAIVER
You and Taste of Veracruz agree that each may bring claims against the other only in Your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
Further, if You have elected arbitration, unless both You and Taste of Veracruz agree otherwise, the arbitrator may not consolidate any other person's Claims with Your Claims and may not otherwise preside over any form of a representative or class proceeding. If Taste of Veracruz believes that any Claim You have filed in arbitration or in court is inconsistent with the limitations in this paragraph, then You agree that Taste of Veracruz may seek an order from a court determining whether Your Claim is within the scope of the Class Action Waiver. If this Class Action Waiver is found to be unenforceable, then the entirety of this section shall be null and void. This section shall survive expiration, termination of these Terms of Use.
Opt-Out RIGHTS
You may opt out of arbitration by providing written notice of Your intention to opt out to the arbitration provider and to Taste of Veracruz , Attn: Support via USPS Priority Mail or hand delivery. This written notice must be signed by You, and not any attorney, agent, or other representative of Yours. Taste of Veracruz may opt out of arbitration by sending written notice of its intention to opt out to the arbitration provider and to You or Your attorney, agent, or representative if You are represented.
I REPRESENT I HAD A SUFFICIENT OPPORTUNITY TO READ THROUGH THESE AGREEMENTS TO ARBITRATE, CLASS ACTION WAIVER AND WAIVER OF JURY TRIAL, I HAVE READ AND UNDERSTAND MY AGREEMENT TO THESE TERMS, AND I AGREE TO BE BOUND AS SET FORTH ABOVE.
B. Governing Law and Conflicts. These Terms shall be governed, construed, and interpreted in accordance with the laws of the State of without regard to any choice of law provisions. The Taste of Veracruz Site, platform, Services or other documentation or related materials may include additional information that conflict with these Terms. In the event of any such conflict, these Terms shall control.
C. Injunctive Relief. Nothing in these Terms prevents Taste of Veracruz from seeking and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other relief available to protect Taste of Veracruz ’s rights prior to, during, or following any arbitration proceeding.
XIV. Changes to Terms
Taste of Veracruz reserves the right to change these Terms, in whole or in part, from time to time at Taste of Veracruz ’s sole and absolute discretion, and to provide You with notice of such change by any reasonable means, including without limitation posting revised Terms. You are bound by such revisions and should therefore visit these pages to review the current Terms from time to time.
XV. Severability
If any Term set forth herein is deemed unenforceable under Applicable Laws, the remaining Terms shall remain in full force and effect and these Terms shall be read, collectively, as if the unenforceable Term(s) were omitted.
XVI. Waiver
No waiver by Taste of Veracruz of any breach or default of these Terms will be deemed to be a waiver of any preceding or subsequent breach or default.
XVII. Heading
Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
XVIII. Privacy
The protection of Your personal information is important to Us and We take care to protect the personal information You provide us. Our Privacy Policy is available and linked in the footer of Site. By using the Site, You consent to all actions taken by Us with respect to Your personal information in compliance with the Privacy Policy and/or these Terms.
XIX. Generative AI Terms
A. General Provisions. Certain AI Services permit Users to upload or contribute content, including but not limited to data, text, photographs, videos, audio, or other content, information or materials (“User Content”). Before You upload or contribute User Content, You must confirm that You have the appropriate copyright and proprietary rights to upload that User Content to our Services and that You can grant the licenses outlined in these Terms. Taste of Veracruz is granted a worldwide, non-exclusive, transferable, royalty-free, fully paid right and license to utilize Your User Content to provide the Services and other actions directed by You.
B. Result Integrity. You acknowledge and agree that given the probabilistic inclinations of generative artificial intelligence, there could be instances where the Services yields inaccurate, false or hallucinated Results. As a User, You acknowledge and understand that you are solely responsible and liable for the Results.
C. Content Rights and Responsibilities. You are prohibited from providing User Content for which You lack ownership or sufficient authorization to confer rights in all elements of such content. Taste of Veracruz disclaims all responsibility and liability connected to User Content. By making User Content accessible through the Services, You affirm and represent that:
- You are the originator and proprietor of the User Content or possess the required licenses, rights, consents, and permissions to empower Taste of Veracruz and Users to utilize Your User Content and User Input in line with the licenses You grant under these Terms;
- Your User Content and User Input, and the provision or utilization thereof as envisaged by these Terms, do not and will not infringe, violate or misappropriate any third-party right, including copyrights, trademarks, patents, trade secrets, moral rights, privacy rights, publicity rights, or any other intellectual property or proprietary rights, or slander, defame, or violate the privacy, publicity, or other property rights of any person, or cause Taste of Veracruz to breach any laws or regulations or to require or need additional licenses or pay royalties or other amounts or provide attribution to third parties;
- Your User Content cannot reasonably be considered as offensive, obscene, indecent, intimidating, harassing, or otherwise inappropriate and will not violate any Applicable Laws.
D. Disclaimers on User Content. Taste of Veracruz is not required to modify, review or control User Content and User Input. Taste of Veracruz disclaims all liability for such User Content and User Input. However, We reserve the right, but not the obligation, to screen, edit, remove, or block any User Content or User Input that, in our sole discretion, breach these Terms, potentially infringe on or violate third-party rights, or are deemed objectionable, without prior notification.
E. Third Party AI. You understand that our Services use Third Party Products and Services, including ChatGPT and are subject to these terms as well: API Terms of Service | getimg.ai. These Third Party Products and Services are outside of our control and as with any artificial intelligence may be misleading, have hallucinations or could be false and may impact the performance of our Services. You acknowledge and agree that we are not responsible for these Third Party Products and Services, including without limitation any downtime, damages, losses, claims, liabilities or alleged harms caused by these Third Party Products and Services in our Services.
F. Additional warranty disclaimers
the Services are provided “as is” and we and our affiliates and licensors hereby disclaim all warranties, express or implied, including all implied warranties of merchantability, fitness for a particular purpose and title, noninfringement, or quiet enjoyment, and any warranties arising out of course of dealing or trade usage. Despite anything to the contrary, we make no representations or warranties THAT: (a) use of the Services, including third party will be uninterrupted, error free, accurate, or secure, (b) Customer results will be accurate, or (C) with respect to Third Party products and services.
XX. Security
We will process and store User Content in accordance with our reasonable security standards. We will only use User Content as necessary to provide You with the Services, to comply with Applicable Laws, to prevent fraud and ensure the security of our systems and enforce these Terms. We will also use User Content to develop or improve our Services.
XXI. Indemnification
You agree to defend, indemnify, and hold harmless Taste of Veracruz, its hosting platform, technology partners, content providers, licensors, and their respective officers, directors, employees, contractors, agents, licensors, and suppliers (collectively, the "Indemnified Parties") from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
(a) Your violation of these Terms; (b) Your use of the Site or Services; (c) Your User Content; (d) Your violation of any rights of a third party; (e) Your violation of any Applicable Laws; (f) Any actions or omissions by You that give rise to a claim against any of the Indemnified Parties; (g) Any breach of Your representations, warranties, or obligations set forth in these Terms; (h) Any negligence or willful misconduct by You; (i) Any failure by You to obtain necessary consents or permissions from third parties; (j) Any dispute between You and any third party; (k) Any claims related to Your products, services, or business practices; (l) Any use of the Site or Services by any person using Your account;
(m) Any use or misuse of the Site or Services that results in harm to any person or entity; (n) Any infringement or misappropriation of intellectual property rights by You or Your User Content; (o) Any false, misleading, or inaccurate information or representations made by You; (p) Any failure to comply with data protection, privacy, or security laws or regulations; (q) Any unauthorized access to or use of the Site or Services through Your account; (r) Any violation of these Terms by persons to whom You allow access to Your account.
This indemnification obligation shall survive the termination or expiration of these Terms and Your use of the Site and Services. Taste of Veracruz reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Taste of Veracruz, and You agree to cooperate with Taste of Veracruz's defense of these claims. You agree not to settle any such matter without the prior written consent of Taste of Veracruz. Taste of Veracruz will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
XXII. Contact and Notice
If You have any questions or complaints concerning any of the Terms, You may contact Taste of Veracruz by e-mail at aaron@aaronmills.marketing, or by regular mail at .
California residents, under California Civil Code Section 1789.3, may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Any notice required to be given to Taste of Veracruz under or related to these Terms must be in writing, addressed as follows:
Attn:
Taste of Veracruz
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Notices to You may be made by posting a notice (or a link to a notice) on , by e-mail, certified mail or next day mail, at Taste of Veracruz's discretion.
XXIII. Entire Agreement
These Terms constitute the entire agreement between You and Taste of Veracruz regarding the use of the Site and Services. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Taste of Veracruz is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and Your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by You without Taste of Veracruz's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Taste of Veracruz may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
By using the Site and Services, You acknowledge that You have read these Terms of Service, understood them, and agree to be bound by them. If You do not agree to these Terms of Service, You are not authorized to use the Site or Services. We reserve the right to change these Terms of Service at any time, so please review them frequently.