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Terms of service

Last Updated: 10/31/2023

  1. Welcome, and thank you for your interest in Honest Media (“Creator,” “we,” or “us”) and our website at https://dr-vegan.com, provided through Fourthwall (the “Service”). These Terms of Service are a legally-binding contract between you and Honest Media regarding your use of the Service.

    PLEASE READ THE FOLLOWING TERMS CAREFULLY.

    By accessing or using the Service, you agree that you have read, understood, and agree to be bound by these Terms, including Honest Media’s Privacy Policy (together, the “Terms”). If you do not agree, you may not use the Service.

    1. Creator Service Overview

    We offer digital products such as downloadable ebooks, recipe bundles, guides, membership-based digital access, and similar online digital content (“Products”).

    2. Eligibility

    You must be at least 13 years old to use the Service. By using the Service, you confirm that:

    1. you are at least 13 years old;

    2. you have not been suspended or removed from the Service;

    3. your use of the Service complies with applicable laws.

    3. Accounts and Registration

    Some Products may require creating an account. You agree to provide accurate information and keep it up-to-date.

    You are responsible for keeping your login credentials secure. If you suspect unauthorized access, contact us at contact.honestmedia@gmail.com.

    4. General Payment Terms

    All pricing is displayed in USD.

    You authorize Honest Media and our third-party payment processor (Paddle) to charge your selected payment method for the Products you purchase, including applicable taxes.

    5. Memberships / Subscriptions (Only if applicable)

    If you subscribe to a recurring digital membership, you authorize automatic recurring billing until cancelled.

    You may cancel at any time by contacting us at contact.honestmedia@gmail.com.

    6. Returns & Refunds for Digital Products

    Digital products cannot be “returned” once downloaded or accessed.

    Refunds will be provided only in the case of:

    • duplicate transactions

    • technical access failure

    • corrupted or inaccessible files

    If you experience any issue, email contact.honestmedia@gmail.com within 30 days of purchase.

    7. Licenses

    You receive a personal, non-transferable license to use purchased digital content.
    You may not:

    • resell

    • redistribute

    • publish

    • share

    • or upload paid content publicly

    8. Feedback

    If you provide suggestions or comments, Honest Media may use them freely without obligation or compensation.

    9. Ownership of Content

    All content, recipes, text, imagery, files, and digital materials are property of Honest Media and/or its licensors.

    10. Prohibited Conduct

    You agree not to:

    • use the Service for illegal activity

    • copy or resell digital content

    • attempt to bypass or tamper with security

    • impersonate any person or entity

    • misuse or attempt to gain unauthorized access to the Service

    11. Modification of Terms

    We may change these Terms at any time. The updated date will always be shown at the top. Continued use of the Service means acceptance of updated terms.

    12. Termination

    We may suspend or terminate access at any time for violation of these Terms. You may terminate your account by contacting us at contact.honestmedia@gmail.com.

    13. Disclaimers

    The Service and Products are provided “as-is” without warranties of any kind.

    We do not guarantee:

    • specific results

    • revenue outcomes

    • weight-related outcomes

    • medical or nutritional effects

    Content is informational only.

    14. Limitation of Liability

    To the fullest extent permitted by law, Honest Media is not liable for indirect or consequential damages arising from use of the Service.

    15. Governing Law

    These Terms are governed by the laws of the State of California. Any legal dispute shall be handled through the courts located in San Francisco County, California.

    16. Privacy Policy

    Please refer to our Privacy Policy for details on how we collect and use data. The Privacy Policy is incorporated into these Terms by reference.

    17. Contact Information

    Honest Media
    Email: contact.honestmedia@gmail.com
    Website: https://dr-vegan.com

    and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or theService; (c) you must pay Creator any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 5.3, 6, 9.3, 10, 11, 12, and 13 will survive.

  2. Modification of the Service. Creator reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Creator will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.

  3. Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Creator and its officers, directors, employees, consultants, affiliates, subsidiaries and agents and Fourthwall (together,the “Creator Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, atour own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

  4. Disclaimers; No Warranties

    THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN“AS AVAILABLE” BASIS. Creator DISCLAIMS 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

    NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR Creator ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE Creator ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.

    WE PROVIDE THE SERVICES THROUGH FOURTHWALL BUT THESE TERMS AND ANY PURCHASES OF PRODUCTS ARE SOLELY BETWEEN YOU AND Creator. YOU HEREBY ACKNOWLEDGE THAT FOURTHWALL IS NOT A PARTY TO, AND WILL HAVE NO LIABILITY RESULTING FROM, THESE TERMS, ANY DAMAGES OR LOSSES YOU INCUR AS A RESULT OF USING THE SERVICE, OR THE PURCHASE OF PRODUCTS.

    THE LIMITATIONS

    IN THIS SECTION 12 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

  5. Miscellaneous

    1. General Terms.These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Creator regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part,by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Through out these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

    2. Governing Law.These Terms are governed by the laws of the State of California without regard to conflict of law principles. You and Creator submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco County, California for resolution of any lawsuit or court proceeding permitted under these Terms.

    3. Privacy Policy. Please read the Creator Privacy Policy carefully for information relating to our collection, use,storage, disclosure of your personal information. The Creator Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

    4. 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”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

    5. Consent to Electronic Communications.By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

    6. Contact Information. The Service is offered by Dr. Vegan eCookbooks. You may contact us by sending correspondence by emailing us at contact@support.dr-vegan.com.

    7. Notice to California Residents.If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

    8. No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.

    9. International Use. The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.