Terms and Conditions - meat magnate

Terms and Conditions for MeatMagnate.com

3/12/2024

Welcome to MeatMagnate.com. The following terms and conditions (the “Terms”) govern all use of the MeatMagnate.com website and all content, services, and products available at or through the website, including, but not limited to, MeatMagnate.com storefront (collectively, the “Website”). The Website is owned and operated by Meat Magnate Inc. (“Meat Magnate”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Meat Magnate’s Privacy Policy) and procedures that may be published from time to time on this Site by Meat Magnate (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these terms and conditions are considered an offer by Meat Magnate, acceptance is expressly limited to these terms.

1. Account

If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account. You must immediately notify Meat Magnate of any unauthorized uses of your account or any other breaches of security. Meat Magnate will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

2. Responsibility of Contributors

If you operate an account, comment on a product, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

The Content is not obscene, libelous, or defamatory, does not violate any right of privacy or publicity, and does not otherwise violate any law or right of any third party.

You have fully complied with any third-party
licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms.
The Content does not contain or install any viruses, worms, malware, Trojan horses, or other harmful or destructive content.

The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third-party sites or boost the search engine rankings of third-party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing).
The Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party.
Your content is not being advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods.

Your content is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your content’s URL or name is not the name of a person other than yourself or company other than your own.
By submitting Content to Meat Magnate for inclusion on your Website, you grant Meat Magnate a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting your content. If you delete Content, Meat Magnate will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Meat Magnate has the right (though not the obligation) to, in Meat Magnate’s sole discretion, (i) refuse or remove any content that, in Meat Magnate’s reasonable opinion, violates any Meat Magnate policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Meat Magnate’s sole discretion.

3. Payment and Renewal
General Terms.
By selecting a product or service, you agree to pay Meat Magnate the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an upgrade and will cover the use of
that service for a monthly or annual subscription period as indicated. Payments are not refundable.

Automatic Renewal.
Unless you notify Meat Magnate before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to Meat Magnate in writing.
4. Services
Fees; Payment. By signing up for a Services account you agree to pay Meat Magnate the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Meat Magnate reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at any time on thirty (30) days written notice to Meat Magnate.

Support. If your service includes access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Meat Magnate to respond within one business day) concerning the use of the Services. “Priority” means that support takes priority over support for users of the standard or free MeatMagnate.com services. All support will be provided in accordance with Meat Magnate standard services practices, procedures, and policies.
5. Responsibility of Website Visitors
Meat Magnate has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Meat Magnate does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Meat Magnate disclaims any responsibility for any harm

resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted. Content posted on the website may be subject to export control laws of the United States or other countries. You agree to comply with all such laws and acknowledge that Meat Magnate has no responsibility to inform you of such compliance.
6. Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which MeatMagnate.com links, and that link to MeatMagnate.com. Meat Magnate does not have any control over those non-Meat Magnate websites, and is not responsible for their contents or their use. By linking to a non-Meat Magnate website, Meat Magnate does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Meat Magnate disclaims any responsibility for any harm resulting from your use of non-Meat Magnate websites and webpages.

7. Copyright Infringement and DMCA Policy
As Meat Magnate asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by MeatMagnate.com violates your copyright, you are encouraged to notify Meat Magnate in accordance with the Digital Millennium Copyright Act (“DMCA”). Meat Magnate will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.
8. Intellectual Property

This Agreement does not transfer from Meat Magnate to you any Meat Magnate or third-party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Meat Magnate. Meat Magnate, MeatMagnate.com, the MeatMagnate.com logo, and all other trademarks, service marks, graphics, and logos used in connection with MeatMagnate.com or the Website are trademarks or registered trademarks of Meat Magnate or Meat Magnate’s licensors. Other trademarks, service marks, graphics, and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Meat Magnate or third-party trademarks.
9. Changes
Meat Magn

ate reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Meat Magnate may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
10. Termination
Meat Magnate may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your MeatMagnate.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Meat Magnate if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Meat Magnate’s notice to you thereof; provided that, Meat Magnate can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. Disclaimer of Warranties
The Website is provided “as is”. Meat Magnate and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Meat Magnate nor its suppliers and licensors make any warranty that the Website will be error-free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
12. Limitation of Liability

In no event will Meat Magnate, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Meat
Magnate under this agreement during the twelve (12) month period prior to the cause of action. Meat Magnate shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
13. General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the Meat Magnate Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
14. Indemnification
You agree to indemnify and hold harmless Meat Magnate, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

15. Miscellaneous
This Agreement constitutes the entire agreement between Meat Magnate and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Meat Magnate, or by the posting by Meat Magnate of a revised version.
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of [Your State], excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Australia , [South Australia].

The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Meat Magnate may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.