1.GENERAL TERMS AND CONDITIONS. AGREEMENT.
These General Terms and Conditions of Use (hereinafter referred to as the "Terms and Conditions" govern the access to and use of the Internet Website URL under domain name www.farmernation.com (hereinafter referred to as the "SITE"), managed by FarmerNation (hereinafter referred to as "FN") which provides the use of this SITE to Internet visitors.
By accessing to or making use of this SITE you agree to be bound by any relevant notices, policies, and instructions provided by FN to the USER which may be applicable subject to the Terms and Conditions herein set forth, unless otherwise specified. By visiting this SITE you expressly understand and agree to be conferred the status of "SITE USER" (the "USER"), and you acknowledge and agree to be bound, without limitations, to any and all USER's Terms and Conditions published by FN on the SITE at the very moment the USER accesses to this SITE. Therefore, USER is required to carefully read these terms and conditions of use before using or accessing to this SITE.
FN reserves the right to change these Terms and Conditions of use at any time, and you agree to review these terms and conditions of use regularly. The use of certain services offered to USERS through this SITE may from time to time be subject to particular terms and conditions (hereinafter referred to as the "Particular Terms"), which may eventually replace, complete and/or modify the Terms and Conditions herein set forth. Before accessing to or making use of such services, USER is required to carefully read the Particular Terms contained thereon.
This SITE provides access to all internet USERS to different contents (the "Contents"), products (the "Products"), services (the "Services"), and connection to other Users related or not to the activity developed by the USER, as well as to the interchange of information and communication among USERS through this SITE, being all that provided to USERS by FN, or by third party Users of the Site and/or third-party content, product, or service providers.
3.GENERAL ACCESS AND CONDITIONS OF USE
1.1.Terms and Conditions.
a) Access to certain web pages on this SITE shall be fully unrestricted.
b) Notwithstanding the above, this SITE has restricted access to certain pages or functions, and only REGISTERED USERS authorized by FN shall have access to such pages.
c) Requirements. The USER represents and warrants the following (a) to be at least 21 years old; (b) not to directly compete with FN; (c) to have only one account with FN at the same time; and (d) to have the full right and authority to execute this agreement, and that by doing so does not violate any other agreement with any other third party. Additionally, the USER shall be responsible for all the equipment and software required to connect to FN.
d) In order to get authorization as a REGISTERED USER of this SITE (the "Registration Form"), USER shall login to the SITE and complete the following information:
e) The REGISTERED USER undertakes that all his/her personal information included on the Registration Form or submitted by any other means is complete and accurate.
f) In the event the Registration Form is accepted, REGISTERED USER shall be informed thereof, through notice sent to the e-mail address indicated on the Registration Form. The USER acknowledges and understands that FN is granted the right to determine at its sole and absolute discretion whether to accept or reject the Registration Form, for what this SITE’s objectives shall be determining. In the event Registration Form is rejected, the USER shall have no right to bring any claim against FN, except when such refusal shall cause irreparable harm to the USER.
g) The REGISTERED USER accepts and warrants to be responsible for maintaining the confidentiality of his/her password. Therefore, the REGISTERED USER shall be fully responsible for any and all activities and operations that shall occur under his/her user’s name and password, and the REGISTERED USER shall be obliged to indemnify and hold FN and/or other USERS harmless from any loss, expense, claim or demand, including reasonable attorney’s fees, that shall affect FN and/or other USERS, arising directly or indirectly out of his/her use of this SITE and/or out of any action or operation made under his/her user’s name and password.
h) FN reserves the right to unilaterally modify, at any time, and without prior notice, the SITE’s layout or presentation style, as well as any Term and Condition of Use required for the use of this SITE herein.
a) The USER shall be entirely responsible for the proper use of the SITE and of its Contents. The USER accepts and warrants to use this SITE and its Contents for lawful purposes, in accordance with the Terms and Conditions herein set forth, and in observance of generally accepted ethics, public order and proper conduct. The USER undertakes to neither use this SITE nor its Contents for unlawful purposes or effects, by virtue of the Terms and Conditions herein, that may be harmful to the rights and interests of third parties, or that in any way may damage, render useless, overload or deteriorate this SITE and its Contents, or that may prevent the USER from normally using and enjoying this SITE and its Contents. Particularly, the USER accepts and warrants not to:
i. General behavior. It is absolutely forbidden to:
ii. Security. It is absolutely forbidden to:
b) Methods for obtaining contents. The USER shall refrain from obtaining or attempting to obtain information, messages, graphics, drawings, image and/or sound files, photographs, recordings, software and, in general, any type of material accessible through the SITE or the Services (hereinafter, the "Contents") by employing methods or procedures other than those that have been placed at his/her disposal, according to the particular case, for such purpose or that have been indicated for such purpose on the web pages where Contents are located or, in general, that are commonly used over the Internet for such purpose, provided that these methods or procedures do not imply a risk that the SITE or the Contents will be damaged or rendered inoperative.
c) Correct use of the Contents. The User undertakes to use the Contents diligently, correctly and in a legal manner and, in particular, undertakes to abstain from:
i. using the Contents for ends or purposes that are in violation of the law, of generally accepted ethics and proper conduct and public order;
ii. reproducing or copying, distributing, permitting access to the public by any means of public communication, transforming or modifying the Contents, unless granted the authorization to do so by the titleholder of the corresponding rights thereover, or if it is legal to do so;
iii. deleting, avoiding or manipulating the "copyright" and other identifying data as to the rights held by FN or other titleholders incorporated into the Contents, as well as technical protection devices, digital fingerprints or any other information mechanisms that might be included in the Contents;
iv. using the Contents and, in particular, information of any kind accessed through this SITE, for commercializing or disclosing such information in any way.
1.3.Introduction of Hyperlinks.
a) The Users and, in general, those persons wishing to create a hyperlink between their web page and this SITE (hereinafter, the "Hyperlink") shall meet the following conditions:
i. the Hyperlink shall only allow access to this SITE web pages and may not reproduce them in any way;
ii. hyperlinks shall not be established with the SITE web pages other that the home-page or the first page of this SITE (deep linking);
iii. browsers, border environments and frames shall not be created on this SITE web pages (framing);
iv. false, inaccurate or incorrect declarations shall not be made on the web pages of this SITE or the Contents and, in particular, it shall not be declared or made understood that FN has authorized the Hyperlink or supervised or assumed in any way whatsoever the contents, products or services offered or made available in the web page where the Hyperlink is established;
v. except for the signs that form part of the Hyperlink itself, the web page in which the Hyperlink is established shall not contain any trademarks, trade names, signage, names, logos, slogans, or other distinctive signs belonging to the SITE;
vi. the web page on which the Hyperlink is established shall not contain information or contents that are illegal or contrary to generally accepted ethics and proper conduct and public order, and shall not include contents that violate the rights of third parties.
b) The establishment of the Hyperlink shall, in no event, imply the existence of a relationship between FN and the owner of the web page on which said Hyperlink is established, or the acceptance or appropriation by FN of its contents, products, or services, unless such relationship is framed under a written agreement between the parties, being in such a case the parties subject to the provisions of said agreement.
The USER shall defend and hold FN harmless from and against any claim, action or demands, of any nature, including reasonable legal fees resulting from any third party action, claim or demand as a consequence of the USER’s breach of any of the Terms and Conditions herein set forth, or of any applicable law, or third parties rights.
a) In the same manner, the USER shall hold FN, its present and future controlling companies, affiliates, officers, directors, employees and representatives, harmless from and against any claims, actions or demands, directly or indirectly resulting from or arising out of the use of this SITE and/or of its Contents, when this use results directly or indirectly from the USER’s breach of any of the Terms and Conditions herein set forth, or from the breach of any applicable law or of third parties rights.
1.5.Use of SITE under the USER’s exclusive liability.
a) The USER acknowledges and voluntarily accepts to use this SITE and the Contents thereon under his/her own and exclusive liability. b)Additionally, the USER shall be exclusively responsible for any relevant business, contract or agreement that he/she may execute with any other User. The USER expressly acknowledges that FN shall not be liable neither for any of said business relationships nor for the results arising thereout.
4.EXCLUSION OF GUARANTEES AND LIABILITY
a) FN hires a third party provider to access to Internet service. The USER acknowledges and accepts that this SITE shall not be available from time to time due to technical problems or defects on the Internet or defects on the service granted by the provider, or due to any other external factor not included under FN’s scope of responsibility. Therefore, FN shall not guarantee the availability or continuity of the operation of this SITE, neither shall FN guarantee the usefulness of this SITE or of its Contents in connection with any specific activity, nor its infallibility and, in particular, although not exclusively, that USERS may effectively use this SITE and its Contents and access to the various web pages comprising this SITE.
b) FN shall be free from any liability for the damages and losses of any nature that shall arise directly, indirectly or remotely out of the lack of availability or continuity or of the suspension of the operation of this SITE and of its Contents, the lack of usefulness that the USER shall attribute to this SITE or to its Contents, and the fallibility of this SITE, and in particular, although not exclusively, to faults in the access to the various web pages comprising this SITE or those from which the Contents are provided.
c) FN shall be free from any liability for the damages, losses or technical malfunction of the USER’s equipment resulting from faults in the operation of the system, Server or on the Internet.
a) The USER warrants and accepts to use and interpret the information provided by this SITE at his/her own risk, and any decision made out of said use shall fully be under his/her own risk. Therefore, the USER expressly represents and warrants that any decision made by the USER shall be at his/her sole discretion.
b) Information such as pieces of news, reports, stock exchange quotations, events, etc. published on this SITE and/or any professional advice provided by our specialized personnel or any third party referred to as information sources, shall be for the sole and exclusive use of this SITE’s USER and shall not imply any judgment of value, request, purchase or sale offer for any asset mentioned or included in said information. Any professional advice received through this SITE shall not constitute any agreement relationship as this is provided based on general information and shall never be given on personal basis or for individual cases.
c) FN shall not control or edit contents provided by third parties prior to their publication on the SITE, neither shall grant the removal of the offending material posted on the SITE. Information posted by third parties shall not be considered as supported by FN’s opinion, beliefs and intentions.
d) FN shall be free from liability to the USER if, in the event of his/her accessing the SITE or transmitting information, the USER’s equipment shall be damaged by the presence of viruses or other elements in the Contents that may cause alteration in the computer system, or in the electronic documents or files stored by the USER therein.
e) FN shall not guarantee the accuracy, truthfulness, completeness and up to date nature of the Contents included on the SITE which may contain incorrect or inaccurate information and/or substantial mistakes or misprints. Therefore, FN shall be free from all liability for the damages and losses derived from the lack of accuracy, truthfulness, completeness and up to date nature of the Contents included on the SITE.
f) FN shall be free from all liability for the damages and losses of any nature caused by the transmission, dissemination, storage, provision, reception of and access to the Contents, in particular, but not exclusively, for the damages and losses caused by:
i. any violation of the law, generally accepted ethics and proper conduct and public order as a result of the transmission, dissemination, storage, provision, reception of and access to the Contents;
ii. any violation of intellectual and industrial property rights, of corporate secrets, of contractual commitments of any kind, of the rights to good reputation, personal and family privacy and individual’s image, of ownership rights and of rights of any other nature held by third parties as a result of the transmission, dissemination, storage, provision, reception of and access to the Contents;
iii. the performance of activities involving unfair competition or illegal advertising as a result of the transmission, dissemination, storage, provision, reception of and access to the Contents;
iv. the inadequate nature for any purpose and the lack of usefulness in relation to the expectations generated by the Contents;
v. the non-fulfillment, delay in fulfillment, defective fulfillment or termination for any cause of the obligations entered into by third parties and contracts executed with third parties in relation to or due to the access to the Contents;
vi. the faults and defects of any kind to the Contents transmitted, disseminated, stored, provided, received or accessed to through this SITE.
1.8.Third Parties. Exclusion of guarantees and liability for the contents, products and services located outside the SITE.
a) This SITE, with the sole purpose of facilitating USERS’ search for and access to the information available over the Internet, places at their disposal technical link mechanisms, directories, search engines, search tools and any other kind of telematic link. This allows the USERS to access web sites belonging and/or managed by third parties different from FN (hereinafter, "Linked Sites").
b) This SITE does not offer or commercializes, on its own behalf or on that of the third parties, the products and services available in the Linked Sites. c)The USER shall accept and warrant that Internet contains several types of materials, edited and non-edited, and that some of them may contain sexually explicit images or may be offensive to you or to your family members.
d) FN shall not previously control, approve, supervise or make its own the services, contents, information, data, files, products or any type of material existing on the Linked Sites.
e) Consequently, the access of the USER, or of his/her family members, to said materials shall be at the USER’s exclusive and sole risk. Therefore, the USER shall exercise extreme judgment and prudence in evaluating and using the services, information, data, files, products and any other kind of material existing on the Linked Sites.
f) FN shall not guarantee to assume any liability whatsoever for the damages and losses of any nature caused by:
i. the operation, availability, accessibility or continuity of the Linked Sites;
ii. the maintenance of the services, information, data, files, products and any kind of material existing on the linked sites;
iii. the provision or transmission of the services, information, data, files, products and any kind of material existing on the linked sites;
iv. the quality, legality, accuracy, and usefulness of the services, information, data, files, products and any kind of material existing on the linked sites, of the products and services provided by third parties through this SITE.
1.9. License and guarantees related to the material sent or incorporated by the USER into FN’s SITE. By sending material to FN or by incorporating said material into this SITE (including contents, ideas, concepts, techniques and information generated by the USER), the USER shall automatically grant to FN the non-exclusive, world-wide, perpetual, irrevocable, non-limited royal-free license, including the right to sublicense to others, to copy, improve, distribute, publish, remove, keep, add, and use the information and/or material provided in any form known or developed in the future, with no compensation, consent or notice of any kind. By submitting or sending this information, the USER shall represent and warrant to the best of his/her knowledge that the information submitted is accurate, non-confidential and is not in breach of any relevant agreement or of third parties rights.
Additionally, the USER shall accept to keep FN informed in the event said information is altered or modified since it was incorporated into the SITE, and, if applicable, shall accept to make such modifications or changes on his/her own profile.
1.11. Interaction among Users shall be exclusively under the USER’s responsibility. FN reserves the right, but is not obliged to, supervise disputes between members of the SITE, and shall be entitled to terminate the USER’s account if deemed reasonable and appropriate.
1.12.FN shall not be obliged to verify the identity of the individuals subscribing to its services , neither shall be obliged to supervise the use made by other users of the services provided by the SITE; consequently FN shall expressly be free from any liability for identity theft or inadequate use of the information of the USER.
1.13.Public Forums/Blogs/Chat Rooms: the SITE may include public forums, blogs and chat rooms where USERS shall be able to add observations and comments on specific issues. FN does not warrant other members not using the ideas and information shared by other USERS through this SITE. FN shall be free from responsibilities from the inadequate use or unlawful appropriation of the contents and information posted on the forums, blogs and chat rooms.
5.RIGHT OF REVOCATION, RESCISSION
1.14.FN reserves the right to cancel or terminate the USER’s right to use this SITE or its Contents, or to terminate the USER’s access to this SITE, at any time and without prior notice, out of any breach of any applicable Term and Condition or of the Particular Terms herein set forth.
1.15.The USER shall, at any time, for any reason whatsoever, and without any notice to FN, terminate the Terms and Conditions herein set forth, and said termination shall be deemed to be enforced at the moment FN processes said termination information. FN shall, at any time, for any reason whatsoever, with or without any notice to the USER, terminate this agreement, and said termination shall be deemed to be immediately enforced, or as per indicated in the corresponding notice. The termination of the USER’s account shall include the withdrawal of access to FN’s SITE (including those contents from time to time posted or submitted by the USER) as well as the prohibition to use FN’s services in the future.
1.16.FN shall also at its own discretion limit the access to the service and/or terminate the membership of those Users in violation of third parties intellectual property rights, whether they shall be frequent offenders or not.
6.CONFIDENTIALITY AND PRIVACY
"FN" is a registered trademark of FarmerNation in Canada.
The Contents of this SITE, including but not limited to, its programs, databases, networks and files, are protected by intellectual property rights of
FN. The inadequate use made by the USER as well as the unauthorized reproduction of said Contents shall be subject to relevant legal actions. The use of this SITE shall not confer any authorization and/or cession of license whatsoever over FN’s intellectual property rights or over any other intellectual property rights of any third party.
Except for the texts, images, designs, compilation and any other type of material included on this SITE duly transferred or authorized to be used by third parties in order to be published on this SITE, the remaining material published on this SITE is proprietary information and registered trademarks of FN, copyright © 2010 . All rights reserved. Distribution, copying or the storage of said material in any form is strictly prohibited. 8.ENTIRE AGREEMENT AND SEVERABILITY
1.17.In the event that any relevant term and condition clause shall become unenforceable by any court of competent jurisdiction or under determination of any administrative or legal authority, the remaining clauses and provisions shall remain in full force and effect and shall be binding upon the parties.
1.18.In the event that the conditions set out in the preceding clause 8.1 take place, the clause or provision that became unenforceable shall be construed in a manner to reflect, as nearly as possible, the original intentions of the parties.
1.19.These Terms and Conditions constitute the entire, exclusive, and valid record of the agreement between the USER and FN, and shall govern the use of this SITE, the services, the products, etc. made by the USER. These Terms and Conditions shall completely and fully supersede any other prior understandings or agreements, both written and oral, between the parties related to the subject matter hereof. 9.GENERAL
1.20.These Terms and Conditions shall not constitute or be deemed to constitute a partnership, agency or power of attorney or relationship between FN and the USER. 1.21.These Terms and Conditions shall not be amended or modified by the USER except by mutual and written agreement duly signed by the USER and by FN’s legal representative.
1.22.Failure by FN to exercise or enforce any right upon any breach of these Terms and Conditions by the USER or third parties, shall not be deemed to be a waiver by FN of any such right on any other similar or future occasion.
1.23.Terms and Conditions subheads are included for reference purposes only and shall not be intended to define, limit, delimit or describe in any way the scope of extension of such subhead session.
1.24.The USER shall not cede, transfer or delegate any right or obligation under the Terms and Conditions hereunder set forth, and any supposed cession, transference or delegation shall be deemed as invalid. FN shall be entitled to cede, transfer or delegate at its absolute discretion all or any of its rights or obligations under this agreement.
1.25.In the event the USER shall subscribe to any of the paid services offered by FN, the USER shall pay upon expiration date the corresponding fee plus any applicable tax thereof.
1.26.FN shall reserve all the rights not expressly conferred by these Terms and Conditions, including, without limitation, the ownership of intellectual property rights and any other right of any nature owned by FN.
1.27.FN shall reserve the right to keep, remove or delete any content from the USER’s account, with or without prior notice. FN shall not be obliged to store, keep or submit copy of any content whatsoever submitted or posted by the USERS during the period of use of the services offered by FN.
1.28.The USER accepts and warrants that FN shall send to him/her important notices and information related to the service by electronic mails or by any other applicable means.