You acknowledge and agree that all information, data, text, photographs, images, files, software, sounds, recordings, graphics, video, messages, tags and other materials, in whatever form and technical structure, whether publicly posted or privately transmitted or stored using the Services (“Content”), are the sole responsibility of the person(s) originating such Content and introducing such Content into the Services. We reserve the right, but shall have no obligation, to pre-screen, reject, review, quarantine, delete or move any Content posted or submitted to the Services, without obligation to any person.
You further agree to NOT:
you further agree NOT to upload or display publicly Content that:
If you encounter any of these prohibited uses, we encourage you to report them to us immediately.
Without limiting the generality of the foregoing, you agree not to access, use, copy, reverse engineer, create derivative works from, share or assist any third party to use the Services or any component thereof to design, create, program, market or promote any product, software or service in competition with Farmflo (including but not limited to independent or internal networks).
In order to enable Farmflo to operate the Services, we must obtain from you certain licence and other rights to the Content you submit (so that our processing, maintenance, storage, technical reproduction, back-up and distribution, and related handling of your Content does not infringe applicable copyright and other laws). Accordingly, by using the Services and posting Content, you grant Farmflo a licence to display, perform and distribute your Content, and to modify (for technical purposes) and reproduce such Content to enable Farmflo to operate the Services. You also agree that Farmflo has the right to elect not to process, post, store, display, publish or transmit any Content in our sole discretion. You agree that these rights and licences are royalty free, irrevocable and worldwide, and include a right for Farmflo to make such Content available to, and pass these rights along to, others with whom Farmflo has contractual relationships related to the provision of the Farmflo Services, solely for the purpose of providing such services, and to otherwise permit access to your Content to third parties if Farmflo determines such access is necessary to comply with its legal obligations or to:
enforce this Agreement;
Where we are required to access and disclose your account information and Content, Farmflo will, to the extent we are permitted to do so, give you as much notice of this disclosure as possible.
By submitting to Farmflo any feedback, comments, ideas, suggestions, documents and/or proposals through the “Contact Us” interface or otherwise (collectively, “Contributions”), you acknowledge and agree that:
Copyright notices in the United States
We will not knowingly publish content in violation of applicable copyright law. If you believe content has been displayed, reproduced, printed or otherwise distributed by us through this website in violation of any third party copyright, please notify us in writing. Send your notice to Farmflo Ltd., Dooish, Newtowncunningham, Co Donegal, Ireland attention: Legal Officer, and include the following:
We retain the right to implement limits on the amount of storage available to you, the number of users with whom you may share Content, the nature of Content permitted to be uploaded or displayed, and other limitations at any time. Farmflo may engage certain affiliates, subcontractors or other third parties to provide all or part of the Services to you, and you hereby acknowledge and agree that such third party involvement is acceptable. Further, you acknowledge that in using the Services to send message or transmit other Content, you will be causing communications to be sent through computer networks owned by Farmflo and third parties that are located throughout Ireland and other countries. In performing the required technical steps to provide the Services to our users, Farmflo may make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media.
We reserve the right at any time and in our sole discretion to modify or discontinue, temporarily or permanently, the Services or any part thereof (including Software), with or without notice. We may take any measures we deem necessary or appropriate in connection with operation of the Services, including for maintenance or security reasons, which may affect availability of the Services. You agree we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Services. Farmflo may install software updates from time to time with the intention of improving, enhancing, repairing and/or further developing the Services, and you agree to permit us to deliver these to you (and you to receive them) as part of your use of the Services.
You acknowledge and agree that your access to and use of the Services may be subject to applicable foreign, national and/or local laws, ordinances, rules, and regulations, as well as the rules and regulations of non-governmental regulators such as the Financial Services Authority (each such agency, a “Regulatory Agency”). You agree to comply with all laws, ordinances, rules, regulations, and/or requirements imposed by any government or Regulatory Agency on your use, transmission, and disclosure of any data or information via the Services. You also represent and warrant that any data, media, or other content you disseminate through the Services does not violate the intellectual property rights or other proprietary rights of any third party.
Farmflo may terminate the Services, or your access to or use of the Services or your account, with or without notice. Reasons for Farmflo terminating your account or the Services include, without limitation:
In the event of any termination, we will close your account and you will no longer be able to retrieve Content contained in that account or otherwise use the Services.
We may include the use of third party resources and/or links to third party websites as part of the Services. We have no control over such sites and resources and, accordingly, you acknowledge and agree that:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FARMFLO EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
FARMFLO DOES NOT WARRANT THAT (i) THE SERVICES WILL MEET ALL OF YOUR REQUIREMENTS; (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE; OR (iii) ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY TRANSMISSION OF CONTENTS THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM ANY SUCH TRANSMISSION.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FARMFLO, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF FARMFLO OR ANY AFFILIATE OF OURS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM:
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIMITATIONS ABOVE WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.