Terms of Use
Introduction; Consent to Terms
Please read these Terms of Use before using FarmExchange.com or any features
of this site, including, but not limited to, Content Feeds, other syndicated distribution
of content, Podcasts, API Content, widgets, the FARMEXCHANGE Community and other
social networking features (collectively, the "FARMEXCHANGE Web Sites" or the "Service").
By using the Service, you agree to be bound by these Terms of Use and the Privacy
Policy. If you do not agree to these Terms of Use and the Privacy Policy, please
exit the Service and do not use the Service or any of its features. We reserve the
right, at our discretion, to modify, add or delete portions of these terms at any
time by posting updated Terms of Use and/or an updated Privacy Policy on the FARMEXCHANGE
Web Sites. Please check these Terms of Use and the Privacy Policy frequently for
updates. Any modifications, additions or deletions to these Terms of Use or the
Privacy Policy shall be effective immediately upon posting. Your continued use of
the Service following the posting of updated Terms of Use or an updated Privacy
Policy will mean that you agree to those changes.
Please note that these Terms of Use and the Privacy Policy are separate and distinct
from the terms of use and privacy policy governing the web sites that may link to
or from the FARMEXCHANGE Web Sites.
Copyrights
The contents of the FARMEXCHANGE Web Sites are protected by U.S. and international
copyright laws. The contents of the FARMEXCHANGE Web Sites, including Podcasts,
Content Feeds, API Content and other features of the FARMEXCHANGE Web Sites, are
owned by or licensed to FARMEXCHANGE. In the case of User Materials (as defined
in the "User Materials" section below), the contents are licensed to FARMEXCHANGE
by the user. You may not reproduce, distribute, republish, upload, transmit, display,
prepare derivative works, publicly perform, sell, transfer, assign, license or use
for commercial purposes any copyrighted material on the FARMEXCHANGE Web Sites without
the prior written consent of FARMEXCHANGE, except as provided below. All rights
not expressly granted in these Terms of Use are reserved to FARMEXCHANGE.
You may copy, download one copy on a single computer, and print a limited amount
of content, for your personal, non-commercial use only, provided that (a) you include
without modification all copyright and other proprietary notices contained in the
content, (b) you do not modify the content, (c) you do not use the content in a
manner that suggests FARMEXCHANGE promotes or endorses your, or any third party's,
causes, ideas, web sites, products or services, and (d) you do not use the content
in any way that is unlawful or harmful to any other person or entity. In addition,
you may use widgets and tools on the FARMEXCHANGE Web Sites that allow selected
User Materials to appear on your personal, noncommercial web site, weblog or other
application, subject to the conditions in the preceding sentence.
No quotes from any material on the FARMEXCHANGE Web Sites may be used in any media
without attribution to FARMEXCHANGE.
You may use the Content Feeds, API Content, Podcasts and other features of the FARMEXCHANGE
Web Sites only as expressly permitted in the relevant paragraphs below in these
Terms of Use.
Any other use of FARMEXCHANGE content requires prior written permission from FARMEXCHANGE.
Trademarks
FARMEXCHANGE logos and other Content Provider names and logos, are service marks
of Farm Journal, Inc. All rights are reserved by the respective owners. You may
not use any FARMEXCHANGE-provided service marks, logos or graphics, without FARMEXCHANGE's
prior written consent, except that you shall have the right, and obligation, to
use any FARMEXCHANGE or other Content Provider service mark or logo included in,
or required to be used in connection with, API Content, Content Feeds, FARMEXCHANGE's
Media Player, or other functionalities of the FARMEXCHANGE Web Sites, subject to
the requirements set forth in these Terms of Use for the use of the API Content,
Content Feeds or other functionalities of the FARMEXCHANGE Web Sites.
User Materials
Through the FARMEXCHANGE Community portion of the Service, through the Contact Us
page, and through other features of the FARMEXCHANGE Websites, users may post, upload,
transmit and/or otherwise submit ("Submit") comments, messages, other text, photos,
images, story ideas, essays, and other content and materials, and make recommendations,
on or through the FARMEXCHANGE Web Sites ("User Materials"). You acknowledge that
User Materials may be routed through our servers, the servers of one or more third
parties on our behalf, and the Internet, and may be viewed by FARMEXCHANGE staff
and on the Internet by the general public. You acknowledge that the FARMEXCHANGE
Web Sites, the FARMEXCHANGE Community, and other features of the FARMEXCHANGE Web
Sites, are for public and not private communications.
We reserve the right to screen, refuse to post, remove or edit User Materials at
any time and for any or no reason in our absolute and sole discretion without prior
notice, although we have no duty to do so. If we elect to screen User Materials,
there may be a delay in the posting of such content to allow for a review process.
If we have questions about your User Materials, we have the right, but not the duty,
to contact you for further information, including, for example, to verify that you
own the copyright or otherwise have the rights to post the User Materials.
You retain the copyright and other ownership rights in any User Materials that you
submit on or through the FARMEXCHANGE Web Sites. However, by submitting User Materials
on or through the FARMEXCHANGE Web Sites, you hereby grant FARMEXCHANGE, and other
Content Providers, and their respective licensees a non-exclusive, perpetual, royalty-free,
worldwide, transferable license to use, copy, sublicense, modify, transmit, publicly
perform, display, create derivative works of, host, index, cache, tag, encode, and/or
adapt your User Materials in any and all media formats or channels, whether now
known or hereafter devised, including, but not limited to, the FARMEXCHANGE Web
Sites, FARMEXCHANGE sub-web sites, third party licensee web sites, over the air
(on radio or television), and on mobile platforms, without payment and without further
consent or notice to you. You further grant FARMEXCHANGE, its sub-web sites, and
their licensees the right to contact you in connection with your User Materials
and to use your name, city and state and other information that you have provided
in connection with the User Materials.
In addition, you grant each user of the FARMEXCHANGE Web Sites and other Content
Providers Web Sites, a non-exclusive, royalty-free, worldwide license to access
your User Materials on or through the FARMEXCHANGE Web Sites and other Content Providers
Web Sites to use your User Materials pursuant to these Terms of Use and the terms
of use of member station web sites, and as permitted by the functionality of the
FARMEXCHANGE Web Sites and sub-web sites (such as through widgets and API Content
distribution).
For any User Materials you Submit on or through the FARMEXCHANGE Web Sites, you
agree to abide by the Rules of Use for the Service set forth below, the Social Networking
Discussion Rules (for User Materials Submitted through the FARMEXCHANGE Community
or in response to an FARMEXCHANGE Blog), and these Terms of Use. You further agree
to the representations and warranties, and indemnification obligations, set forth
in the "Representations; Indemnity" section below.
Framing
FARMEXCHANGE does not allow framing of the FARMEXCHANGE Web Sites.
Links to FARMEXCHANGE Web Sites
FARMEXCHANGE encourages and permits links to content on FARMEXCHANGE Web Sites.
However, FARMEXCHANGE is an organization committed to the highest journalistic ethics
and standards and to independent journalism, both in fact and appearance. Therefore,
the linking should not (a) suggest that FARMEXCHANGE promotes or endorses any third
party's causes, ideas, web sites, products or services, or (b) use FARMEXCHANGE
content for inappropriate commercial purposes or in any way that is unlawful or
harmful to any other person or entity. We reserve the right to withdraw permission
for any link.
Links to Third Party Sites
FARMEXCHANGE has provided links to Internet sites maintained by third parties, over
which FARMEXCHANGE has no control. FARMEXCHANGE does not endorse the content, operators,
products or services of such sites, and FARMEXCHANGE is not responsible or liable
for the content, operators, availability, accuracy, quality, advertising, products,
services or other materials on or available from such sites. FARMEXCHANGE shall
not be responsible or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with use of or reliance on any such
content, products or services available on or through such sites.
Use of Third Party Services
In some cases, FARMEXCHANGE provides features on FARMEXCHANGE Web Sites through
tools provided by a third party over which FARMEXCHANGE has no control, influence,
or oversight. You should only use these third party tools if you agree to be bound
by their respective terms of use. Your use of these sharing features indicates your
acceptance of the Third Party End User Agreements.
Content Feeds
FARMEXCHANGE's provides Really Simple Syndication (RSS) Feeds and provides or may
provide other content feeds on or through the Service, consisting of a selection
of headlines, summaries or text blurbs, and links to full stories, which are delivered
to users using Really Simple Syndication technology, other XML (extensible Markup
Language) technology, or other syndication technology (individually, a "Content
Feed" and collectively, the "Content Feeds"). The Content Feeds are available for
personal, noncommercial use or for noncommercial use on the web site, weblog or
similar application. (a) the links redirect the user to the FARMEXCHANGE Web Sites
when the user clicks on them, (b) you do not insert any intermediate page, splash
page or other content between the links and the applicable FARMEXCHANGE Web Sites
page, (c) the use or display does not suggest that FARMEXCHANGE promotes or endorses
any third party causes, ideas, web sites, products or services, (d) the fundamental
meaning of the content contained in the Content Feeds, including the headlines and
summaries, is not changed or distorted, and (e) you do not modify the stories or
other content that are linked to by the Content Feeds. If you display an entire
Content Feed on your personal or Corporation web site, weblog or similar application,
(a) you may not redistribute the Content Feed, and (b) you must provide attribution
to FARMEXCHANGE or the relevant Content Feed provider adjacent to the Content Feed,
by including "FARMEXCHANGE News Headlines" or "FARMEXCHANGE" or the name of the
relevant Content Feed provider in text adjacent to the Content Feed. Any other use
of FARMEXCHANGE's trademarks or service marks, the names or service marks of any
Content Feed provider, or of the Content Feeds requires the prior written permission
of FARMEXCHANGE. For use of the stories or other content that are linked to by the
Content Feeds, please see the Copyrights section of these Terms of Use. FARMEXCHANGE
reserves the right to discontinue providing Content Feeds and to require that you
cease accessing or using the Content Feeds, or any content contained in the Content
Feeds at any time for any reason.
API Content
FARMEXCHANGE enables users to access certain content, including audio,
text, images and other content on the FARMEXCHANGE Web Sites and other Content Provider
web sites through an application programming interface (API). Content accessed through
the API ("API Content") is available to registered users only for personal, non-commercial
use, or for noncommercial online use.
If you have registered with FARMEXCHANGE, you may use the API Content for personal,
non-commercial use, provided that (a) your use is for non-promotional, internet-based
purposes only, including desktop gadgets, blog posts and widgets, but excluding
e-newsletters; (b) all links to API Content redirect the user to the FARMEXCHANGE
or FARMEXCHANGE sub-web sites or other Content Provider web sites when the user
clicks on them. All audio must be streamed from the originating servers (through
direct links that redirect the user to the FARMEXCHANGE or FARMEXCHANGE sub-web
sites or other Content Provider Web Sites); (c) the date of all API Content is displayed
with that content; (d) your use or display of API Content must not suggest that
FARMEXCHANGE, its member stations or any Content Provider promotes or endorses you
or any third party or the causes, ideas, web sites, products or services of you
or any third party; (e) you shall not modify any API content, headlines, links or
metadata included in the API Content; (f) you shall not use the API Content in any
way that changes or distorts the fundamental meaning of the content; (g) you may
use only a limited amount of content from the API; you may not re-create the FARMEXCHANGE
Web Sites, FARMEXCHANGE Member Web Sites, or any Content Provider Websites or any
portion thereof; (h) you may not insert any intermediate page, splash page or other
content between the links and the applicable API Content source's web page.; and
(i) you must provide attribution for the content source (FARMEXCHANGE, FARMEXCHANGE
member station, or other Content Provider), by including "FARMEXCHANGE" or the name
of the relevant API Content source in text in connection with the API Content, and
provide a link back to the API Content source's web site. Any other use of FARMEXCHANGE's
trademarks or service marks, the names or service marks of any API Content source,
or of the API Content requires the prior written permission of FARMEXCHANGE.
FARMEXCHANGE reserves the right to include or apply sponsorship and / or advertising
to any API Content and to track usage of the API Content. FARMEXCHANGE reserves
the right to discontinue providing API Content and to require that you cease accessing
or using the API Content, or any content contained in the API Content, at any time
for any reason.
Podcasts
FARMEXCHANGE provides podcasts (the "Podcasts") consisting of selected audio content
from FARMEXCHANGE and other content providers that is provided over the Internet
using an XML feed and an associated audio file so that the audio file may be downloaded
and played from a user's computer or transferred to a portable listening device.
Podcasts are available for personal, noncommercial use only. You may download, copy
and/or transfer to a portable listening device the Podcasts for your personal, non-commercial
use only, provided that you do not modify the content. You also may link to Podcasts
from your web site, weblog or similar application, as long as (a) the links redirect
the user to the FARMEXCHANGE Web Sites when the user clicks on them, (b) you do
not insert any intermediate page, splash page or other content between the links
and the applicable FARMEXCHANGE web page, (c) the linking does not suggest that
FARMEXCHANGE promotes or endorses any third party's causes, ideas, web sites, products
or services, (d) you do not use FARMEXCHANGE content for inappropriate commercial
purposes, and (e) you provide attribution to FARMEXCHANGE adjacent to the link.
FARMEXCHANGE reserves the right to discontinue providing Podcasts and to require
that you cease accessing or using the Podcasts, or any content contained in the
Podcasts, at any time for any reason.
FARMEXCHANGE Media Player
FARMEXCHANGE offers an audio and video player for accessing audio and video content
on the FARMEXCHANGE Web Sites (the "FARMEXCHANGE Media Player"). The FARMEXCHANGE
Media Player may be embedded or displayed on your personal web site, weblog, or
similar application for personal use , provided that (a) your use is for non-promotional,
internet-based purposes only, including desktop gadgets, blog posts and widgets,
but excluding e-newsletters; (b) all links redirect the user to the FARMEXCHANGE
Web Sites when the user clicks on them, and all content is streamed from the originating
FARMEXCHANGE servers; (c) you shall not add to, delete or modify any audio, video,
headlines, text, links, or other content contained in the FARMEXCHANGE Media Player;
(d) you shall not delete or modify the FARMEXCHANGE logos contained in the FARMEXCHANGE
Media Player; (e) your use or display of the FARMEXCHANGE Media Player must not
suggest that FARMEXCHANGE, its member stations or any Content Provider promotes
or endorses you or any third party or the causes, ideas, web sites, products or
services of you or any third party; (f) you shall not use the FARMEXCHANGE Media
Player in any way that changes or distorts the fundamental meaning of the content;
and (g) you may not insert any intermediate page, splash page or other content between
the links contained within the FARMEXCHANGE Media Player and the FARMEXCHANGE Web
Sites. Any other use of FARMEXCHANGE's trademarks or service marks, the FARMEXCHANGE
Media Player, or of any content contained within the FARMEXCHANGE Media Player requires
the prior written permission of FARMEXCHANGE. FARMEXCHANGE reserves the right to
discontinue providing the FARMEXCHANGE Media Player and to require that you cease
accessing or using the FARMEXCHANGE Media Player, or any content contained in the
FARMEXCHANGE Media Player, at any time for any reason.
Rules for Use of the Service
By using the Service, including by registering for the Service, participating in
the FARMEXCHANGE Community, Submitting User Materials through the FARMEXCHANGE Community,
the Contact Us page or other means, using Content Feeds, API Content, or Podcasts,
or by using any other features of the FARMEXCHANGE Web Sites, you agree to the following
rules:
- You must be at least eighteen (18) years of age to register for or participate in
the FARMEXCHANGE Community or other social networking features of the FARMEXCHANGE
Web Sites; submit any User Materials or personally-identifying information on or
through the FARMEXCHANGE Web Sites; participate in any online contests; and/or place
an order on the FARMEXCHANGE Online Shop. If you are between the ages of 13 and
18, you may browse the FARMEXCHANGE Web Sites or register for email newsletters
or other features of the Service (excluding the FARMEXCHANGE Community) with the
consent of your parent(s) or guardian(s), so long as you do not submit any User
Materials. If you are under 13 years of age, please do not send any information
about yourself, including your name, address or email address. If we discover that
we have collected any personally-identifying information from a child under the
age of 13, we will remove that information from our database as soon as possible.
- You may not submit any User Materials anonymously or under a false name or a false
e-mail address. You may not impersonate another user or provide any false information
about yourself.
- You may not submit any User Materials or links to material that is libelous,
defamatory, false, obscene, indecent, lewd, pornographic, violent, abusive, threatening,
harassing, discriminatory, in violation of the law, harmful to children, in violation
of third party privacy rights, or that constitutes hate speech or a personal attack.
- You may only submit User Materials for which you have the copyright or other necessary
rights and permission to distribute electronically. You may not violate, plagiarize,
or infringe on the rights of third parties, including copyright, patent, trademark,
trade secret, privacy, personal, publicity, moral or proprietary rights. You promise
and represent that you own or have all necessary rights and permissions to use,
distribute and authorize FARMEXCHANGE, FARMEXCHANGE member stations, and users of
the FARMEXCHANGE Web Sites (to the extent permitted by these Terms of Use) to use
and distribute any User Materials.
- The Service can only be used for personal, non-commercial purposes. You cannot submit
any material containing any solicitation of funds, advertising, promotion, solicitation
for goods and services, or recruiting. You may not use the FARMEXCHANGE Web Sites,
the FARMEXCHANGE member station websites or other Content Provider web sites for
political campaigning recruiting votes, or soliciting support for legislative or
other initiatives.
- You may not submit any software or other material which contains a virus, worm,
Trojan horse or other harmful computer code, files, scripts, agents, programs or
device. You may not use the Service to distribute chain letters, mass mailings,
"spam," or duplicative or unsolicited messages in violation of applicable laws,
or to gather usernames and/or e-mail addresses for the purpose of sending unsolicited
email or other communications to other users of the Service.
- You may not interfere with or disrupt the integrity or performance of the FARMEXCHANGE
Web Sites, FARMEXCHANGE member station web sites, or other Content Provider web
sites, or any portion or contents thereof, or use these web sites in any way which
degrades their reliability, speed or operation, or their underlying hardware or
software. In addition you may not attempt to gain unauthorized access to these Web
Sites or related systems or networks.
- By submitting any User Materials on or through the Service, you hereby grant FARMEXCHANGE,
FARMEXCHANGE member stations, and other Content Providers, their licensees, and
users of theseWeb Sites (to the extent permitted by the Terms of Use) the licenses
to use those User Materials as set forth above in the "User Materials" section.
- You are solely responsible for any User Materials submitted using your account.
FARMEXCHANGE does not and cannot review all User materials submitted by you or others
and is not responsible for any User materials submitted by you or others on or through
the Service. However, FARMEXCHANGE has the right (but not the obligation) to review,
screen, delete, edit and/or move any User Materials that it deems, in its sole discretion,
to be in violation of the Rules for Use of the Service, the Social Networking Discussion
Rules (for User Materials Submitted through the FARMEXCHANGE Community), or these
Terms of Use, or for any other reason, as determined in FARMEXCHANGE's sole discretion.
- FARMEXCHANGE is not responsible or liable for any User Materials submitted by you
or a third party, including any User Materials, on or through the Service. FARMEXCHANGE
cannot verify the accuracy of statements that users make or place on or through
the Service, and does not guarantee that any User Materials have been submitted
with the permission of the copyright or proprietary owner or are otherwise in compliance
with the Rules for Use of the Service, the Social Networking Discussion Rules(for
User Materials Submitted through the FARMEXCHANGE Community), or these Terms of
Use.
- By using the FARMEXCHANGE Service, you agree to abide by these rules. You acknowledge
that FARMEXCHANGE has the right (but not the obligation) to review, screen, delete,
edit or move content or material that it deems, in its sole discretion, to be in
violation of the Rules for Use of the Service, the Social Networking Discussion
Rules (for User Materials Submitted through the FARMEXCHANGE Community), or these
Terms of Use, or for any other reason, in its sole discretion. You further acknowledge
that FARMEXCHANGE has the right to limit or terminate your, or any other person's,
access to or registration in the Service for any reason, in its sole discretion,
including violation of the Rules for Use of the Service or these Terms of Use.
- You agree to comply with the Social Networking Discussion Rules, as they may be
updated from time to time by FARMEXCHANGE.
Representations; Indemnity
You represent and warrant that (a) if you Submit any User Materials or
personally-identifying information on or through the Service, you are at least 18
years of age, (b) you have obtained all clearances, releases, licenses and rights
to any User Materials you Submit on or through the Service that may be necessary
for their use as contemplated by the FARMEXCHANGE Web Sites and these Term of Use,
(c) there are no encumbrances or restrictions on the User Materials or their use
as contemplated by the FARMEXCHANGE Web Sites and these Terms of Use, (d) the User
Materials, and their use by FARMEXCHANGE, FARMEXCHANGE member stations, their licensees,
and users of the FARMEXCHANGE Web Sites and member station web sites (pursuant to
these Terms of Use and the terms of use of member station sites) does not and will
not defame any person or entity, or violate or infringe upon the copyright, trademark,
patent, trade secret, privacy, reputation, creative or other rights of any person
or entity or violate any Rules for Use of the Service, the Social Networking Discussion
Rules (for User Materials Submitted through the FARMEXCHANGE Community), or these
Terms of Use, and (e) your use of the Service complies with these Terms of Use.
You agree that you will indemnify and hold harmless FARMEXCHANGE, its member stations,
and Content Providers to this Service and their respective directors, officers,
employees, members, licensees from any and all claims, liabilities, costs or expenses,
including reasonable attorneys' fees, arising from (1) your breach of any of the
above representations and warranties, (2) your use of the Service, (3) the User
Materials you have Submitted on or through the Service, or (4) FARMEXCHANGE's publication,
distribution or use of such User Materials, or the authorized publication, distribution
or use of your User Materials by FARMEXCHANGE member stations, licensees, and users.
Sponsorship Disclosure
FarmExchange.com offers content, tools, information and other materials written
or maintained by FarmExchange.com, Farm Journal Media and its editorial partners.
Forms of sponsorships, including paid advertising, may be accepted for some of these
materials.
Compensation for sponsorship of FarmExchange-branded materials offers the sponsoring
client no input regarding content, including editorial phrasing, included images,
topics, etc.
The views and opinions expressed on FarmExchange-branded material are that of either
FarmExchange.com/Farm Journal Media and/or the specific author(s) and are not influenced
by advertising partners.
Disclaimer
THE SERVICE AND ANY CONTENT, MATERIALS, USER MATERIALS, FEATURES OR PRODUCTS AVAILABLE
OR SOLD ON OR THROUGH THE SERVICE ARE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE"
BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. FARMEXCHANGE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR
ERROR-FREE. NOR DOES FARMEXCHANGE MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY
BE OBTAINED FROM USE OF THE SERVICE OR ENDORSE, RECOMMEND, OR MAKE ANY WARRANTIES
AS TO THE ACCURACY, RELIABILITY OR CONTENT OF, ANY CONTENT, INFORMATION, MATERIALS,
USER MATERIALS, FEATURES, SERVICE, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON
OR THROUGH THE SERVICE OR THROUGH LINKS ON THE SERVICE. USE OF THIS SERVICE IS ENTIRELY
AT YOUR OWN RISK.
CONTENT ON THE FARMEXCHANGE WEB SITES IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL
ADVICE OF ANY KIND. IN PARTICULAR, NOTHING CONTAINED ON THE FARMEXCHANGE WEB SITES
IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS
OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH
PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING PERSONAL HEALTH OR MEDICAL CONDITIONS.
NEVER DISREGARD OR AVOID PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE
OF SOMETHING YOU HAVE READ ON THE FARMEXCHANGE WEB SITES.
LIMITATION OF LIABILITY
IN NO EVENT WILL FARM JOURNAL, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS
OR THIRD PARTY PROGRAM PRODUCERS AND PODCAST PROVIDERS BE LIABLE (A) FOR ANY INDIRECT,
CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OR
INABILITY TO USE THE SERVICE, (B) RELATING TO ANY CONTENT OR PRODUCTS AVAILABLE
OR SOLD ON OR THROUGH THE SERVICE, OR (C) IN CONNECTION WITH ANY THIRD PARTY CONTENT
OR MATERIALS (INCLUDING USER MATERIALS) OR THE DEFAMATORY, INFRINGING, OFFENSIVE
OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT WILL FARMEXCHANGE, ITS DIRECTORS,
OFFICERS, EMPLOYEES, MEMBERS OR THIRD PARTY PROGRAM PRODUCERS AND PODCAST PROVIDERS
BE LIABLE FOR ANY AMOUNT IN EXCESS OF $100.
RIGHT TO CHANGE FARMEXCHANGE WEB SITES
FARMEXCHANGE has the right to change the FARMEXCHANGE Web Sites, terminate or cease
providing the FARMEXCHANGE Web Sites, or delete content, materials or features in
any way, at any time or for any reason or no reason.
Online Shopping
In the event a product or event available on or through the FARMEXCHANGE is listed
at an incorrect price or with incorrect information, FARMEXCHANGE will have the
right to refuse or cancel any orders placed for product listed at the incorrect
price. Your receipt of an electronic or other form of order confirmation does not
signify FARMEXCHANGE's acceptance of your order, nor does it constitute confirmation
of FARMEXCHANGE's offer to sell. FARMEXCHANGE reserves the right at any time after
receipt of your order to accept or decline your order for any reason. FARMEXCHANGE
may charge and withhold the applicable sales tax for orders. Otherwise, you are
solely responsible for all sales taxes, or other taxes, on orders shipped to you.
Digital Millennium Copyright Act (DMCA) Notices; Copyright Agent
FARMEXCHANGE respects the intellectual property rights of others. If you believe
that your work has been copied in a way that constitutes copyright infringement
by any content or material on the FARMEXCHANGE Web Sites, please provide the following
information in writing to FARMEXCHANGE's Copyright Agent (see 17 U.S.C. Section
512(c)(3) for further detail):
- a physical or electronic signature of a person authorized to act on behalf of the
owner of the copyright.
- a description of the copyrighted work that you claim has been infringed.
- a description of the material that you claim to be infringing or to be the subject
of infringing activity and that is to be removed or access to which is to be disabled,
and information sufficient to permit us to locate the material.
- information so that we can contact you, such as address, telephone number and e-mail
address.
- a statement that you have a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent, or the law.
- a statement that the information in the notification is accurate and, under penalty
of perjury, that you are the copyright owner or are authorized to act on behalf
of the owner of a copyright that is allegedly infringed. If you believe that any
content or materials you posted, uploaded or Submitted to the FARMEXCHANGE Web Sites,
that were subsequently removed from the FARMEXCHANGE Web Sites, or to which access
was disabled, were improperly removed or disabled, please provide the following
Counter-Notification to FARMEXCHANGE's Copyright Agent (see 17 U.S.C. Section 512(g)
for further detail):
- your physical or electronic signature.
- a description of the materials that have been removed or to which access has been
disabled and the location at which the material appeared before it was removed or
access to it was disabled.
- a statement under penalty of perjury that you have a good faith belief that the
material was removed or disabled as a result of mistake or misidentification of
the material to be removed or disabled.
- your name, address and telephone number, and a statement that you consent to the
jurisdiction of the Federal District Court for the judicial district in which the
address is located, and that you will accept service of process from the person
who provided notification of the alleged infringement. Only DMCA notices should
be sent to FARMEXCHANGE. For other comments or questions regarding the FARMEXCHANGE
Web Sites,please contact FARMEXCHANGE through our contact page.
International Users
The Service is controlled and operated within the United States. FARMEXCHANGE makes
no representation that content, materials or products available on or through the
Service are appropriate or available for use outside of the United States. If you
access the Service from a location outside the United States, you are responsible
for compliance with applicable laws, including local laws regarding online conduct
and content and U.S. export laws and regulations.
Miscellaneous
These Terms of Use, together with the Privacy Policy and Social Networking Discussion
Rules, represent the entire understanding of the parties regarding the use of the
FARMEXCHANGE Web Sites and supersede any previous documents, correspondence, conversations,
or other oral or written understanding related to the use of the FARMEXCHANGE Web
Sites. These Terms of Use are separate and distinct from the terms of use governing
FARMEXCHANGE’s, the web sites of FARMEXCHANGE’s sub web sites, and the web sites
that may link to or from the FARMEXCHANGE Web Sites. These Terms of Use shall be
governed by and construed under Pennsylvania law without regard to its choice of
law rules, and, where applicable, the laws of the United States. To the extent permissible
by law, any disputes under these Terms of Use or relating to the Service shall be
litigated in the local or Federal courts located, and you hereby consent to personal
jurisdiction and venue, in the State of Pennsylvania. A modification or waiver of
a part of these Terms of Use shall not constitute a waiver or modification of any
other portion of the Terms of Use. If for any reason any provision of these Terms
of Use is found unenforceable, that provision will be enforced to the maximum extent
permissible, and the remainder of the Terms of Use will continue in full force and
effect.
Questions
If you have any questions about the terms of use, please contact us at
feedback@farmexchange.com
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