Welcome to VEMAnet!

We (Good Shephard Foundation) hope you find it useful. By accessing or otherwise interacting with our servers, services, websites, web app (“App”), or any associated content/postings (together, “VEMAnet”), you agree to these Terms of Use (“TOU”) (last updated October 8, 2019). You acknowledge and agree VEMAnet.org is a private site owned and operated by Good Shephard Foundation. If you are accessing or using VEMAnet on behalf of a business, you represent and warrant to VEMAnet that you have authority to accept the TOU on behalf of that business and that that business agrees to the TOU. If you do not agree to the TOU, you are not authorized to use VEMAnet. We may modify the TOU at any time in our sole discretion. You are responsible for periodically checking for changes and are bound by them if you continue to use VEMAnet. Our privacy policy and prohibited list, and all other policies, site rules, and agreements referenced below or on VEMAnet, are fully incorporated into this TOU, and you agree to them as well.

License

If you agree to the TOU and (1) are of sufficient age and capacity to use VEMAnet and be bound by the TOU, or (2) use VEMAnet on behalf of a business, thereby binding that business to the TOU, we grant you a limited, revocable, non-exclusive, non-assignable license to use VEMAnet in compliance with the TOU; unlicensed use is unauthorized. You agree not to display, “frame,” make derivative works, distribute, license, or sell, content from VEMAnet. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, display, distribute, and make derivative works from content you post.

Use

Unless licensed by us in a separate written or electronic agreement, you agree not to use or provide software (except our App and general purpose web browsers and email clients) or services that interact or interoperate with VEMAnet, e.g. for downloading, uploading, creating/accessing/using an account, posting, flagging, emailing, searching, or mobile use. You agree not to copy/collect VEMAnet content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). Misleading, unsolicited, and/or unlawful postings/communications/accounts are prohibited, as is buying or selling accounts. You agree not to post content that is prohibited by any of VEMAnet’s policies or rules referenced above (“Prohibited Content”). You agree not to collect VEMAnet user information or interfere with VEMAnet. You agree we may moderate VEMAnet access/use in our sole discretion, e.g., by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access/license/account. You agree (1) not to bypass said moderation, (2) we are not liable for moderating or not moderating, and (3) nothing we say or do waives our right to moderate, or not. You agree not to use VEMAnet in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.

Liquidated Damages

You further agree that if you violate the TOU, or you encourage, support, benefit from, or induce others to do so, you will be jointly and severally liable to us for liquidated damages as follows for:

(A) collecting/harvesting VEMAnet users’ information, including personal or identifying information

(B) publishing/misusing personal or identifying information of a third party in connection with your use of VEMAnet without that party’s express written consent

(D) sending or attempting to send Prohibited Content to VEMAnet users

(E) sending an unauthorized/unsolicited email to an email address obtained from VEMAnet

(F) using VEMAnet user information to make/send an unauthorized/unsolicited text message, call, or communication to a VEMAnet user

(G) creating a misleading or unlawful VEMAnet account or buying/selling a VEMAnet account

(H) abusing or attempting to abuse VEMAnet’s flagging or reporting processes

(I) aggregating, displaying, framing, copying, duplicating, reproducing, making derivative works from, distributing, licensing, selling, or exploiting VEMAnet content for any purpose without our express written consent

(J) bypassing or attempting to bypass our moderation efforts

You agree that repeated violations of the USE section will irreparably harm and entitle us to injunctive or equitable relief, in addition to monetary damages.

Disclaimer & Liability

To the full extent permitted by law, Good Shepherd Foundation, and its officers, directors, employees, agents, licensors, affiliates, and successors in interest (“VEMAnet Entities”) (1) make no promises, warranties, or representations as to VEMAnet, including its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) provide VEMAnet on an “AS IS” and “AS AVAILABLE” basis and any risk of using VEMAnet is assumed by you; (3) disclaim all warranties, express or implied, including as to accuracy, merchantability, fitness for a particular purpose, and non-infringement, and all warranties arising from course of dealing, usage, or trade practice; and (4) disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with VEMAnet. VEMAnet Entities are NOT liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to VEMAnet, and in no event shall such liability exceed $100. Some jurisdictions restrict or alter these disclaimers and limits, so some may not apply to you.

Claims & Indemnity

Any claim, cause of action, demand, or dispute arising from or related to VEMAnet (“Claims”) will be governed by the internal laws of Oregon, without regard to conflict of law provisions, except to the extent governed by US federal law. You agree to (1) indemnify and hold VEMAnet Entities harmless from any Claims, losses, liability, or expenses (including attorneys’ fees) that arise from a third party and relate to your use of VEMAnet; and (3) be liable and responsible for any Claims we may have against your officers, directors, employees, agents, affiliates, or any other party, directly or indirectly, paid, directed or controlled by you, or acting for your benefit.

Miscellaneous

Unless you have entered into a separate written or electronic agreement with us that expressly references the TOU, this is the exclusive and entire agreement between us and you, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral. Users complying with prior written licenses may access VEMAnet thereby until authorization is terminated. Our actions or silence toward you or anyone else does not waive, modify, or limit the TOU or our ability to enforce it. The USE, LIQUIDATED DAMAGES, and CLAIMS & INDEMNITY sections survive termination of the TOU, and you will remain bound by those sections. If a TOU term is unenforceable, it shall be limited to the least extent possible and supplemented with a valid provision that best embodies the intent of the parties. The English version of the TOU controls over any translations.

Prohibited Content

Here is a partial list of content prohibited by VEMAnet:

spam; miscategorized, overposted, cross-posted, or nonlocal content
postings or email the primary purpose of which is to drive traffic to a website
postings or email offering, promoting, or linking to unsolicited products or services
affiliate marketing; network, or multi-level marketing; pyramid schemes
any good, service, or content that violates the law or legal rights of others
offers, solicitation, or facilitation of illegal prostitution and/or sex trafficking
exploitation or endangerment of minors; child pornography
hazardous materials; body parts/fluids; unsanitized bedding/clothing
prescription drugs, medical devices; controlled substances and related items
stolen property, property with serial number removed/altered, burglary tools, etc
endangered, imperiled and/or protected species and any parts thereof, e.g. ivory
false, misleading, deceptive, or fraudulent content; bait and switch; keyword spam
offensive, obscene, defamatory, threatening, or malicious postings or email
anyone’s personal, identifying, confidential or proprietary information