Terms of service
USER AGREEMENT
McGhee's Bites. ("McGhee's Bites", "us," "we," and "our") provides its Products (as defined below), services, and offerings (the "Services" as further described below) to you subject to the following Terms of Use (“Terms”). In addition, when using the Service, you shall be subject to any posted guidelines and rules applicable to such service, which may be posted from time to time.
PLEASE READ THIS USER AGREEMENT CAREFULLY. IT IS A LEGAL DOCUMENT AND CONTAINS BINDING OBLIGATIONS. BY USING THE SERVICE OR PURCHASING PRODUCTS, YOU ARE AGREEING TO BE BOUND BY THESE TERMS. These Terms include information about future changes to these Terms, automatic renewals, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES AND PRODUCTS ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES OR PRODUCTS IN ANY MANNER.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
By accessing or using the Service or Products, you, either an individual or a single entity or organization (“you” or “your” as applicable), are bound by the notices, terms and conditions in these Terms and, as applicable, elsewhere on [insert website]. All such terms and conditions (including but not limited to our Privacy Policy) are incorporated by reference into these Terms. If you register on behalf of a business, you represent to McGhee's Bites that you have the authority to bind that business and your acceptance of these Terms will be treated as acceptance by that business. In that event, “you” and “your” will refer to that business in these Terms.
THE SERVICE
The Service is comprised of (i) McGhee's Bites website, currently located at [www.mgbites.us] (and McGhee's Bites's mobile applications, our social media accounts, and any successor or additional website(s) owned or operated by or for McGhee's Bites) (“Site”); and (ii) any other technology and/or services that McGhee's Bites provides its users.
CONTENT
Content provided by McGhee's Bites on the Site, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, capabilities, and features (collectively, the “McGhee's Bites Content”) is meant for all audiences. You understand that you may also be exposed to user material from a variety of sources (“User Material”), including without limitation, text, software, scripts, graphics, photos, sounds, music, videos, and social media posts, as well as McGhee's Bites Content. You grant McGhee's Bites a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to edit, truncate, aggregate, prepare derivative works of, reproduce, distribute, modify, publicly display, publicly perform, transmit and otherwise fully exploit any User Material you upload and publish on the Service, and to make any other use of such User Material as McGhee's Bites may determine, including without limitation marketing and promotional use. You represent and warrant that you are the sole owner of all intellectual property rights in any User Material you upload and publish on the Service, and that McGhee's Bites’s use of such User Material will not infringe or violate the rights of any third party, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights , and you understand and agree that McGhee's Bites is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Material. You further understand and acknowledge that you may be exposed to McGhee's Bites Content or User Material that you believe to be inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against McGhee's Bites with respect thereto. You also hereby do and shall grant each user of this site and/or the Service a non-exclusive, perpetual license to access your User Material through this site and/or the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Material, including after your termination of your account or your Subscription . For clarity, the foregoing license grants to us and our users do not affect your other ownership or license rights in your User Materials, including the right to grant additional licenses to your User Materials, unless otherwise agreed in writing.
Finally, you understand and agree that McGhee's Bites, in performing the required technical steps to provide the Service to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
USER CONDUCT
As a condition of use, you agree not to use the Service for any purpose that is unlawful. You agree to abide by all applicable local, state, national and international laws and regulations, including, without limitation, all intellectual property laws (such as, U.S. copyright laws). Any unauthorized use of the Service is expressly prohibited.
By way of example, and not as a limitation, you agree not to (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any User Material using any communications service or other service available on or through the Service, that: (i.) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity; or (ii) is dangerous, harmful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, offensive, profane, pornographic or obscene, or promotes hate or incites violence; or (iii) misrepresents the source or identity of any content; or (iv) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”) or a chain letter, a pyramid scheme or any other similar solicitation; or (v) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of McGhee's Bites or any third party (including any other user); or (vi) impersonates, or falsely indicates an affiliation with, any person or entity, including, without limitation, any employee or representative of McGhee's Bites or any other user; or (vii) constitutes an offer, for sale or otherwise, of any firearms, explosives, weapons, tobacco products, pharmaceuticals, controlled substances, counterfeit or stolen articles, registered or unregistered securities or any items that would cause McGhee's Bites to violate any applicable law or regulation; or (viii) violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by McGhee's Bites.
Additionally, you agree that you will not: (i) take any action that imposes, or may impose, in McGhee's Bites’s sole discretion, an unreasonable or disproportionately large load on McGhee's Bites’s infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures McGhee's Bites may use to prevent or restrict access to the Service, other accounts, or computer systems or networks connected to the Service; or (iv) interfere with any other user’s enjoyment of the Service, including, without limitation, accessing an account of a McGhee's Bites user that is not yours.
You may not (and may not permit others to), directly or indirectly, modify, translate, decompile, disassemble, or reverse engineer any part of the Service or any content available through the Site (except to the limited extent applicable laws specifically prohibit such restriction), or copy, rent, lease, distribute, or otherwise transfer or sublicense any or the rights that you receive hereunder. In addition, you may not remove any proprietary notices or labels.
You shall not launch or otherwise use any robot, spider, scraper or other automated means to access the Service in a manner which sends more request messages to the McGhee's Bites server in any given period of time than a typical human would normally produce in the same period by using a conventional on-line web browser to read, view and submit materials. Notwithstanding the foregoing, we grant the operators of search engines permission to use robots to copy materials from the site for the sole purpose of creating publicly-available searchable indexes of the materials, but not caches or archives of the materials, provided that we reserve the right to revoke these exceptions either generally or in specific cases.
You shall not harvest or collect information from the Service, including, without limitation, information about other users of the Service. The use of any information learned through the Service or in connection with your use of the Site is limited to the express purposes set forth in these Terms; all other uses are strictly prohibited.
Unless expressly authorized, you shall not frame or otherwise display any portion of the Site or any of its contents. No hyperlinks to any password protected web pages on the Site are allowed. Hyperlinks to non-restricted pages are allowed, subject to review and termination by McGhee's Bites in our sole discretion.
SMS, MMS AND OTHER TEXT MESSAGING
McGhee's Bites community alerts send both transactional and marketing messages to members of our community who wish to receive them, on topics such as box delivery updates, new products or anything dog-related. These messages are sent by means of SMS, MMS or other text message technologies (each, a “Text Message”). To the extent you voluntarily opt to have Text Messages from us sent directly to your mobile phone, the following terms apply:
You can expect to receive an average five (5) messages per month.
If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance from our team, or you can get help directly at [insert email] or [insert phone number].
In addition to any fee of which you are notified, your mobile provider’s standard message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will we be responsible for any text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit text alerts, you may not receive the Text Messages from us. You can opt out of receiving any further Text Messages from us by replying “STOP” to any Text Message you receive from us.
We will not be liable for any delays in the receipt of any Text Messages, as delivery is subject to effective transmission from your network operator. Text Message services are provided on an “AS IS” basis. Data obtained from you in connection with any Text Message services may include your cell phone number, your provider’s name and the date, time and content of your messages. We may use this information to contact you and to provide the Services you request from us.
By providing us with your wireless phone number, you confirm that you want us to send you information that we think may be of interest to you to such phone number, which may include using automated dialing technology to send you Text Messages at the wireless number you provided.
For more information on how we use telephone numbers and other personal information, please read our Privacy Policy.
OWNERSHIP
McGhee's Bites Content and the trademarks, service marks and logos contained therein (the “Marks”), are owned by or licensed to McGhee's Bites, and subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Except as set forth in these Terms, the McGhee's Bites Content, Marks, and User Material is provided to you for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever except as set forth in these Terms or without the prior written consent of the respective owners. McGhee's Bites reserves all rights not expressly granted in and to the Service and the McGhee's Bites Content. If you download or print a copy of the McGhee's Bites Content, or User Material, you must retain all copyright and other proprietary notices contained in or on such content and material. You agree not to circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any McGhee's Bites Content, or User Material.
COPYRIGHT POLICY
McGhee's Bites respects the rights of copyright holders. We reserve the right to terminate the access, profile or agreement with any user who infringes third party copyright or other third-party intellectual property rights upon prompt notification to us by the third party rights holder or its legal agent. Without limiting the foregoing, any person who or which believes that his, her or its intellectual property has been copied and posted via the Site (or Product, or Service) in a way that constitutes infringement shall provide us with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the rights holder; (b) an identification and location on the Site (or Product, or Service) of the property that is claimed to be infringed, with sufficient detail so that McGhee's Bites is capable of finding and verifying its existence; (c) a written statement by such person that he, she or it has a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) such person’s name and contact information, such as telephone number or e-mail address; and (e) a statement by such person that the foregoing information in the notice is accurate and, under penalty of perjury, that the person delivering the notice is the owner of the property in question or authorized to act on the owner’s behalf. Notices to us regarding any alleged infringement should be directed to us at Copyright Agent, McGhee's Bites Inc., 1 Wisconsin Circle, Chevy Chase MD 20852; Phone: 202.246.3659; email: info@mgbites.us.
Upon receipt of a proper notice of copyright infringement, we reserve the right to: (1) remove or disable access to the infringing material; (2) notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and (3) terminate such content provider's access to the Service and Products if he or she is a repeat offender.
TERMINATION
McGhee's Bites may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. You may terminate your use of the Service at any time, provided that all provisions of these Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions.