Last updated: March 3, 2016
Welcome to the website of Living Web Farms (“we”, “us” or “our”). The following terms of use (these “Terms of Use”) govern your access to and use of www.livingwebfarms.org, including any content, functionality and services offered on or through www.livingwebfarms.org (the “Website”). Please read these Terms of Use carefully before you continue to use the Website or submit any information to us through the Website. By using this Website, you represent and warrant that you are over 13 years old and of legal age to form a binding contract with us.
Your use of the Website in any form and/or your submission of any information to us through the Website constitute your agreement to be bound by these Terms of Use and our Privacy Policy, and incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website or submit any information to us through the Website.
We may modify these Terms of Use from time to time in our sole discretion and without notice. All modifications are effective immediately upon being made available online. You should read these Terms of Use whenever you visit the Website so that you are aware of any modifications. Your continued use of the Website following the posting of modifications constitutes your agreement to be bound by the Terms of Use as modified.
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) (collectively, the “Content”), are owned by us, our licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Except as otherwise expressly provided herein, no right, title or interest in or to the Website or any Content is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Website or the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
Rights of Use
Subject to the terms and conditions of these Terms of Use, we hereby grant you a revocable, non-transferable, non-exclusive, personal and limited license to use and view the Website and Content solely for your personal, non-commercial use. Except as expressly permitted by the foregoing sentence, you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, publish, download, store, transmit or otherwise use by electronic or any other means any part of the Website or any Content.
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You may not use the Website in any manner that may cause damage to the Website or that otherwise interferes with our normal operations or with the use and enjoyment of another user. You may access the Website and the Content only through the user interface provided by us and our service providers. You agree to use the Website and the services only for their intended lawful purpose and in accordance with all applicable laws and regulations.
User Content
You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, email, transmit, or otherwise make available on the Website (“Your Content”). You agree that Your Content will not violate any right of any third party, including, without limitation, intellectual property or other proprietary rights. You further agree that Your Content will not contain libelous or otherwise unlawful, abusive or obscene material (as determined by us in our sole discretion), or contain any computer virus or other malicious code that could in any way affect the operation of the Website or any computer that connects to the Website. You may not use false or misleading contact information, pretend to be someone other than yourself, or otherwise mislead us or our service providers.
You certify that you own all intellectual property rights in Your Content. We and our service providers will treat such content posted or transmitted by you as non-confidential and non-proprietary information. Upon posting or transmitting Your Content on or through the Website you grant us a worldwide, irrevocable, royalty-free, non-exclusive, license, with the right to sublicense, use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish Your Content and subsequent versions of Your Content for any and all purposes. Please do not send us or post any creative ideas or any other plans or proposals that you would like to keep confidential and proprietary. You agree that any information that you provide us will be covered by the license granted herein.
Reliance on Content Posted
The Content presented on or through the Website is made available solely for general educational and entertainment purposes, and is not intended to be, and must not be taken as, a recommendation for any specific course of action. We do not warrant the accuracy, completeness or usefulness of this Content. Any reliance you place on such Content, including your performance of any activities described in any posted videos, is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such Content by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. We may make changes to this Website or its Content at any time without prior notice to you and without liability to you. You understand that by using the Website, you may be exposed to Content that you find offensive or objectionable. Your use of the Website constitutes your acknowledgment that you bear all risks associated with such use.
Information About You and Your Visits to the Website
You agree that all information you provide via this Website or otherwise (including, without limitation, personally identifiable information and payment information) is subject to and governed by our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information consistent with our Privacy Policy.
Links from the Website
To provide you with access to related content and information, our Website contains links to websites and resources provided by third parties. If you decide to click on any such links or otherwise access any such websites, you do so entirely at your own risk and subject to the terms of use and privacy policies of such sites. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. We are not affiliated with, and do not endorse or sponsor, any such third party website or any product or service of any such third party.
Site Directed at United States Visitors
The Website is targeted at and is intended for visitors located in the United States. Given the global nature of the Internet, however, the Website may be accessed by visitors located outside of the United States. We make no representations or warranties that the Website is appropriate or available for use in countries outside of the United States. Visitors who choose to access the Website from outside the United States do so at their own initiative and are responsible for compliance with any and all local laws and regulations that may apply to such access.
Disclaimers
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES AVAILABLE THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. WE MAKE NO WARRANTIES THAT (I) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (II) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (III) THE CONTENT THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, (V) THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL OR MALICIOUS CODE, OR (VI) ANY ERRORS ON THE WEBSITE WILL BE CORRECTED.
WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WEBSITE, ANY CONTENT OR ANY OF THE SERVICES AVAILABLE ON THE WEBSITE.
Limitation on Liability
IN NO EVENT SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING OR MAINTAINING THE WEBSITE OR ANY OF ITS CONTENTS BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR ACCESS, OR INABILITY TO USE OR ACCESS, THE WEBSITE, ANY CONTENT OR ANY SERVICES AVAILABLE THROUGH THE WEBSITE, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold harmless us, our affiliates, licensors and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including attorneys’ fees) arising out of or relating to your use of or connection to the Website, Your Content, or your violation of these Terms of Use. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
Termination
We may suspend or terminate any user’s access to all or part of the Website without notice or recourse for any conduct that we, in our sole discretion, believe is in violation of any applicable law or of these Terms of Use or is harmful to the interests of another user, a service provider, us or our affiliates.
Governing Law and Jurisdiction
All matters relating to the Website, these Terms of Use and the Privacy Policy, and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, the Website, these Terms of Use or the Privacy Policy shall be instituted exclusively in the state or federal courts located in New York County. You hereby waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Miscellaneous
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and us with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website. No waiver by us of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Copyright Infringement
We take claims of copyright infringement seriously. If you believe that any Content accessible on or from the Website violates these Terms of Use or your copyright please provide a written notice of the violation to info@livingwebfarms.org. It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove allegedly infringing material.
Contact
All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: meredith@livingwebfarms.org.
Thank you for visiting the Website.