RULES FOR USING THE Farms.comTM CHAT FORUMS
Farms.comTM Chat Forums (the "Chat Forums"), a free service of Farms.comTM, Ltd., a Delaware corporation ("Farms.comTM"), provides users with a way to communicate and exchange ideas. The Chat Forums have been created to be accessible to all users of legal age, but it also has its limitations and risks of which you should be aware.
Prior to, and as a condition to your use of the Chat Forums, you hereby agree to abide by the Rules for Using the Farms.comTM Chat Forums (the "Rules"). You agree that the Rules apply exclusively to your access to and use of the Chat Forums and do not alter in any way the terms and conditions of any other agreement you may have with Farms.com for products, services or otherwise. You further agree that if you breach any of these Rules, your authorization to use the Chat Forums will automatically terminate and you will immediately destroy any downloaded or printed materials and discontinue use of any hyperlinks to the Chat Forums.
1. Acceptance of Terms. You understand and agree that the Chat Forums are provided "AS-IS" and that Farms.comTM assumes no responsibility for the timeliness, deletion, misdelivery, or failure to store any user communications. In order to use the Chat Forums, you must be at least eighteen years of age.
2. Chat Forums Conduct. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Farms.comTM, are entirely responsible for all Content that you upload, post, email, or otherwise transmit via the Chat Forums. Farms.comTM does not control the Content posted via the Chat Forums and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Chat Forums, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Farms.comTM be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Chat Forums.
You agree to not use the Chat Forums to:
- upload, post, email, or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a Farms.com official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Chat Forums;
- upload, post, email, or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
- upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as the Farms.com Classifieds) that are designated for such purpose;
- upload, post, email, 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;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Chat Forums are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- interfere with or disrupt the Chat Forums or servers or networks connected to the Chat Forums, or disobey any requirements, procedures, policies, or regulations of networks connected to the Chat Forums;
- intentionally or unintentionally violate any applicable local, state, federal, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- "stalk" or otherwise harass another; or
- collect or store personal data about other users.
You acknowledge that Farms.comTM does not pre-screen Content, but that Farms.comTM and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Chat Forums. Without limiting the foregoing, Farms.comTM and its designees shall have the right to remove any Content that violates the Rules or is otherwise objectionable, block access to such Content or terminate your use of the Chat Forums. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Farms.comTM or submitted to Farms.com.
You acknowledge and agree that Farms.comTM may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Rules; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property or personal safety of Farms.comTM, its users and the public.
You understand that the technical processing and transmission of the Chat Forums, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
3. International Use. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States, Canada or the country in which you reside.
4. Content. With respect to Content you elect to post for inclusion in Chat Forums, you grant Farms.comTM the non-exclusive, world-wide, royalty-free, perpetual, irrevocable, and fully sublicenseable right and license to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or in part) on the Chat Forums worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed.
5. Indemnity. YOU AGREE TO INDEMNIFY AND HOLD Farms.comTM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS, OR OTHER PARTNERS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF CONTENT YOU SUBMIT, POST TO OR TRANSMIT THROUGH THE CHAT FORUMS, YOUR USE OF THE CHAT FORUMS, YOUR CONNECTION TO THE CHAT FORUMS, YOUR VIOLATION OF THE RULES, OR YOUR VIOLATION OF ANY RIGHTS OF OTHERS.
6. No Resale of Service. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Chat Forums, use of the Chat Forums or access to the Chat Forums.
7. General Practices Regarding Use or Storage. You acknowledge that Farms.com may establish general practices and limits concerning use of the Chat Forums, including, without limitation, the maximum number of days that email messages or other uploaded Content will be retained by the Chat Forums, the maximum number of email messages that may be sent from or received by a user on the Chat Forums, the maximum size of any email message that may be sent from or received by a user on the Chat Forums, and the maximum disk space that will be allotted on Chat Forums' servers on your behalf. You agree that Farms.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Chat Forums. You acknowledge that Farms.com reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
8. Modifications to Service. Farms.comTM reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Chat Forums (or any part thereof) with or without notice. You agree that Farms.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Chat Forums.
9. Termination. You agree that Farms.comTM, in its sole discretion, may terminate your use of the Chat Forums, and remove and discard any Content within the Chat Forums, for any reason, including, without limitation, for lack of use or if Farms.com believes that you have violated or acted inconsistently with the letter or spirit of the Rules. Farms.comTM may also, in its sole discretion and at any time, discontinue providing the Chat Forums, or any part thereof, with or without notice. You agree that any termination of your access to the Chat Forums under any provision of these Rules may be effected without prior notice, and acknowledge and agree that Farms.comTM may immediately bar any further access to such files or the Chat Forums. Further, you agree that Farms.comTM shall not be liable to you or any third party for any termination of your access to the Chat Forums.
10. Dealing with Advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Chat Forums, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertisers. You agree that Farms.comTM shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Chat Forums.
11. Links. The Chat Forums may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Farms.comTM has no control over such sites and resources, you acknowledge and agree that Farms.comTM is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Farms.com 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, goods or services available on or through any such site or resource.
12. Farms.comTM's Proprietary Rights. You acknowledge and agree that the Chat Forums and any necessary software used in connection with the Chat Forums ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Chat Forums or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by Farms.comTM or advertisers, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Chat Forums or the Software, in whole or in part.
Farms.comTM grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation), for the purpose of obtaining unauthorized access to the Chat Forums. You agree not to access the Chat Forums by any means other than through the interface that is provided by Farms.com for use in accessing the Chat Forums.
13. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE CHAT FORUMS IS AT YOUR SOLE RISK. THE CHAT FORUMS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Farms.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- Farms.com MAKES NO WARRANTY THAT (a) THE CHAT FORUMS WILL MEET YOUR REQUIREMENTS; (b) THE CHAT FORUMS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CHAT FORUMS WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE CHAT FORUMS WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE CHAT FORUMS IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Farms.com OR THROUGH Farms.com OR FROM THE CHAT FORUMS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE RULES.
14. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT Farms.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF Farms.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE CHAT ROOMS; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE CHAT FORUMS; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE CHAT FORUMS; OR (e) ANY OTHER MATTER RELATING TO THE CHAT FORUMS.
15. EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 13 AND 14 MAY NOT APPLY TO YOU.
16. Financial Matters. If you intend to create or join any service, receive or request any news, messages, alerts, or other information from the Chat Forums concerning companies, stock quotes, investments, or securities, please read the above Sections 13 and 14 again. The Chat Forums are provided for informational purposes only, and no Content included in the Chat Forums is intended for trading or investing purposes. Farms.com shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the Chat Forums, and shall not be responsible or liable for any trading or investment decisions made based on such information.
17. Notice. Notices to you may be made via either email or regular mail and shall be deemed effective, if by email, immediately, and if by regular mail, within three days of mailing. The Chat Forums may also provide notices of changes to the Rules or other matters by displaying notices or links to notices to you generally on the Chat Forums.
18. Trademark Information. Farms.comTM, eHarvest.comTM, and BidAsk MarketplaceTM trademarks and service marks, and other logos and product and service names are trademarks of Farms.comTM (the "Trademarks"). Without Farms.comTM's prior permission, you agree not to display or use, in any manner, the Trademarks.
19. General Information. The Rules constitute the entire agreement between you and Farms.com and govern your use of the Chat Forums, superseding any prior agreements between you and Farms.comTM. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third party content or third party software. The Rules and the relationship between you and Farms.comTM shall be governed by the laws of the State of Tennessee without regard to its conflict of law provisions. You and Farms.comTM agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Shelby, Tennessee. The failure of Farms.comTM to exercise or enforce any right or provision of the Rules shall not constitute a waiver of such right or provision. If any provision of the Rules is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Rules remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Chat Forums or the Rules must be filed within one year after such claim or cause of action arose or be forever barred.
The section titles in the Rules are for convenience only and have no legal or contractual effect.
20. Violations. Please report any violations of the Rules to firstname.lastname@example.org