|Terms and Conditions|
The terms "us" or "we" or "our" refer to FarmersOnly Media Inc., the owner of this Website.
A "Member" is someone who has registered with our Website to use our Service. A Member can create a "Profile", which is an online representation of Personally Identifiable Information regarding that Member.
"Service" refers to the service we provide through our Website to our Members.
A "Visitor" is someone who browses our Website, but hasn't become a Member.
A "User" is a collective identifier that refers to either a Visitor or a Member.
All text, information, graphics, audio, video, and data offered through our Website, whether free to all or part of our paid Service, whether originating from us or from our Users, are collectively known as our "Content". We may also refer to any Content uploaded by our Members to their respective Profiles as "Member Content". Any reference to our Website/Service, also includes our Content by reference.
Acceptance of Agreement
This Agreement is between you and Farmersonly Media Inc. and is governed by the Electronic Signatures in Global and National Commerce Act.
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMITS OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE IT FURTHER.
Limited User License
Farmersonly Media Inc. grants you, as a User of our Website/Service, a non-exclusive, non-transferable, revocable license to access our Website/Service strictly in accordance with this Agreement. Your use of our Website/Service is solely for internal, personal, non-commercial purposes, unless otherwise provided in this Agreement. No print out or electronic version of any part of our Website/Service may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website/Service provided therein.
Our Relationship to You
Farmersonly Media Inc.'s relationship to you is at all times that of an independent contractor. This Agreement in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Farmersonly Media Inc.
Eligibility and Registration for Membership
You may view some of our Content without becoming a Member of our Website. However, to use our Service, you must register with our Website and become a Member. Your membership is not transferable or assignable and is void where prohibited. You may only register for one account with our Service. Our Service is intended solely for people at least age 18 years of age or older. By registering for and using our Service, you represent and warrant that you have not registered with our Service already, that you are at least 18 or older (or a Child with parental permission), that you can enter into binding contracts (for a Child, that your parent can), and that you agree to and to abide by all of the terms and conditions of this Agreement. Farmersonly Media Inc. has sole right and discretion to determine whether to accept a Member, and may reject a Member's registration, with or without explanation.
When you complete the registration process, you will receive a password that will allow you to access our Service. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that Farmersonly Media Inc. cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.
Members may post their own Member Content to their Profile through our Service. Members and Visitors understand that by using our Website/Service, they may be exposed to content that is offensive, indecent, or objectionable. We have no control over Member Content and do not in any way guarantee the quality, accuracy or integrity of such content. Farmersonly Media Inc. is not responsible for the monitoring or filtering of any Member content. Should any Member Content be found illegal, Farmersonly Media Inc. will submit all necessary information to the proper authorities.
If any Member Content is reported to Farmersonly Media Inc. as being offensive or appropriate, we may ask the Member to retract or otherwise modify the questionable content within 24 hours of being notified by Farmersonly Media Inc. Should the Member fail to meet such a request, Farmersonly Media Inc. has full authority to either restrict the Member's ability to post Member Content OR to immediately terminate the membership of the Member, without further notification to the Member. Without limiting the foregoing, we have sole discretion to remove any Member Content that violates this Agreement or is otherwise objectionable in our sole discretion.
Members are responsible for complying with all applicable laws for their content, including copyright and trademark laws. Members shall always respect copyright and trademark laws. You warrant that you will not use our Service to infringe the intellectual property rights of others in any way. In accordance with international copyright law, we have adopted a policy of terminating Members who we deem, in our sole discretion, to be infringers of other's intellectual property rights.
As a Member, you agree not to use our Service to upload, post or otherwise transmit any Member Content that (i) violates any local, state, provincial, federal, or international laws, nor (ii) infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party, nor (iii) harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another's privacy, hateful, or racially, ethically or otherwise objectionable, nor (iv) links directly or indirectly to any materials to which you do not have a right to link, nor (v) contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, government issued tax or identification numbers and credit card numbers, nor (vi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or to extract information from our Website/Service, nor (vii) contains any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, nor (viii) you do not have a right to transmit under any law (i.e. intellectual property laws) or under contractual or fiduciary relationships (i.e. non-disclosure Agreements), nor (ix) in the sole judgment of Farmersonly Media Inc., is objectionable or which restricts or inhibits any other person from using or enjoying our Website/Service, or which may expose Farmersonly Media Inc., our affiliates, or our Users to any harm or liability of any type.
As a Member, you agree not to use our Content to (i) develop a competing website or help anyone else to do the same, nor (ii) create compilations or derivative works, for other than your own Member Content, as defined under international copyright laws, nor (iii) re-distribute or republish our Content in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism, nor (iv) decompile, disassemble or reverse engineer our Website/Service, nor (v) violate any local, state, provincial, federal, or international laws.
As a Member, you agree not to use our website to (i) impersonate any person or entity, nor (ii) "stalk" or otherwise harass any person, nor (iii) engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service, nor (iv) transmit any chain letters, spam, mass mail or junk email to other Members, nor (v) express or imply that any statements you make are endorsed by us, without our specific prior written consent, nor (vi) harvest or collect personal information about other Members whether or not for commercial purposes, without their express consent, nor (vii) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents, nor (viii) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights, not (ix) remove any copyright, trademark or other proprietary rights notices contained in the Site, nor (x) interfere with or disrupt the Services or the Site or the servers or networks connected to the Services or the Site, nor (xi) post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, nor (xii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service, nor (xiv) "frame" or "mirror" any part of the Site, without our prior written authorization, nor (xv) use metatags or code or other devices containing any reference to www.farmersonly.com or the Service or the Site in order to direct any person to any other website for any purpose, nor (xvi) modify, adapt, sub-license, translate, sell, reverse engineer, decipher, de-compile or otherwise disassemble any portion of the Site or any software used on or for the Site or cause others to do so, nor (xvii) use a proxy server.
As a Member you agree not to use your Member account to (i) allow another person access to your account, nor (ii) violate any local, state, federal, or international laws.
You represent and warrant that when you make a payment to Farmersonly Media Inc. as part of our Service that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the charges incurred, including any surcharge we may incur due to such dishonored payment.
While we actively support fighting payment fraud, Farmersonly Media Inc. has a zero-tolerance policy regarding payment charge-backs and we ask that you contact us if you have an issue with our Service. However, if you start a charge-back process regarding our Service, Farmersonly Media Inc. reserves the right to immediately terminate your account. Your account and the payment information you provided will be blacklisted in our systems. Should we do this, you will never again be able to use that account and payment information with us and you will be liable to us for administrative costs in processing the charge-back.
We do not offer refunds for our Service.
Termination of Your Account
You understand and agree that if you do not login to our Website at least every one hundred eighty (180) days, Farmersonly Media Inc. reserves the right to automatically terminate your account without notice to you. Also, if you violate the terms of this Agreement, we reserve the right to terminate your account. You may also voluntarily terminate your account. You understand that if your account is terminated, you will lose access to all of your Member Content and that we are not required to provide you with copies of such Member Content nor continue to maintain copies of such Member Content on our Website.
Our Intellectual Property
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website/Service does not constitute any right or license for you to use our service marks or trademarks, without the prior written permission of Farmersonly Media Inc.
Our Content, as found within our Website/Service, is protected under international copyrights. The copying, redistribution, use or publication by you of any such Content, is strictly prohibited. Your use of our Website/Service does not grant you any ownership rights to our Content.
Copyright Infringement Compliance
We follow the United States' Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512). If you believe any of your copyrights are infringed by our Content, please provide us with a written notice via mail, fax, or email that contains the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on our Website; (iv) Your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi)
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
We are only required to respond to those notices that substantially comply with the above requirements. We will investigate your claim and will notify by the method of contact you used to file your notice with us.
Advertisers and Sponsors Disclaimer
Our Website may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on our Website is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in advertiser or sponsor materials. THE INCLUSION OF THIRD PARTY ADVERTISEMENTS DOES NOT CONSTITUTE AN ENDORSEMENT, GUARANTEE, WARRANTY, OR RECOMMENDATION BY Farmersonly Media Inc. AND WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT ANY PRODUCT OR SERVICE CONTAINED THEREIN.
Errors, Corrections and Changes
We do not represent or otherwise warrant that our Website will be error-free, free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Website will be correct, accurate, timely or otherwise reliable. We may make changes to our Website/Service at any time. We reserve the right in our sole discretion to edit or remove any documents, information or other content appearing on our Website/Service.
Farmersonly Media Inc. is not responsible or liable in any manner for any Content posted on our Website or in connection with our Service, whether posted or caused by Members of our Website, or by Farmersonly Media Inc.. Although we provide rules for Member conduct and postings, we do not control and are not responsible for what Members post, transmit or share on our Website/Service, and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable Content you may encounter on our Website/Service. Farmersonly Media Inc. is not responsible for the conduct, whether online or offline, of any user of our Website/Service.
Our Website/Service may be temporarily unavailable from time to time for maintenance or other reasons. Farmersonly Media Inc. assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Member communications. Farmersonly Media Inc. is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to Member's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the our Website/Service, including without limitation any software provide through our Website/Service. Under no circumstances will Farmersonly Media Inc. be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone's use of our Website/Service, or Products, or for any interactions between Users of our Website/Service, whether online or offline.
Farmersonly Media Inc. reserves the right to change any and all Content, software and other items used or contained in our Website/Service, at any time without notice. Reference to any products, service, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by our Website, by third parties or by any of the equipment or programming associated with or utilized by our Service.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH "ALL FAULTS", AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE/SERVICE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. Farmersonly Media Inc., INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE/SERVICE. Farmersonly Media Inc. CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE/SERVICE, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. Farmersonly Media Inc. DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, OUR SERVICE, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY SUCH ITEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, SERVICE, AND RELATED SOFTWARE IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITE/SERVICE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE, AS WELL AS ALL OF OUR AFFILIATES, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Farmersonly Media Inc. OUR WEBSITE/SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE/SERVICE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability
Farmersonly Media Inc., as well as all our affiliates, shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from our Website/Service, or Products; (b) the unavailability or interruption of our Website/Service; (c) your use of our Website/Service or Products; or (d) any delay or failure in performance of our Website/Service.
IN NO EVENT WILL Farmersonly Media Inc. OR ITS DIRECTORS, EMPLOYEES OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE/SERVICE, OR PRODUCTS, EVEN IF Farmersonly Media Inc. IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Use of Information
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to canceling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
Linking to Our Website
You may provide links to our Website, provided (a) that you do not remove or obscure, by framing or otherwise, any portion of our Website, (b) your website does not engage in illegal or immoral activities, and (c) you discontinue providing links to our Website immediately upon request by us.
Links to Other Websites
Our Website may, from time to time, contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. Inclusion of links for any website on our Website does not mean that we endorse, guarantee, warrant, or recommend the Service, information, content and/or data of such third party websites. Farmersonly Media Inc. has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.
You agree to indemnify, defend and hold Farmersonly Media Inc. and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of our Website/Service.
Any legal controversy or legal claim arising out of or relating to this Agreement and/or our Service, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, website operations, intellectual property, and our Service, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York, New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in the State of New York, necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs.
This Agreement shall be treated as though it were executed and performed in New York, New York, and shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website/Service, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.