FACES OF FARMING TERMS OF SERVICE AGREEMENT:
The following terms and conditions govern all use of the Faces of Farming website and all content, services and products available at or through the website, including, but not limited to, the Faces of Farming, (taken together, the website). Read the Terms of Service carefully before accessing or using the website. By accessing or using any part of the website, you agree to be bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these terms and conditions are considered an offer by the Tulare County Museum Foundation, acceptance is expressly limited to these terms.
OWNERSHIP AND PURPOSE OF THE FACES OF FARMING:
The Faces of Farming website and all related graphics, logos and proprietary content is owned and operated by the Tulare County Museum Foundation, a non-profit 501 c(3) organization formed solely for the purpose of providing financial support to enhance the Tulare County Museum and its educational programs. The Faces of Farming project is designed to enhance the public’s knowledge of the many ethnic peoples who have contributed to the development of Tulare County’s agricultural industry. The website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, the Foundation’s privacy policy) and procedures that may be published from time to time on this site by the Foundation (collectively, the “Terms of Service” or TOS).
CHILDREN:
FacesofFarming.com does not knowingly collect or solicit Personally Identifiable Information from or about children under 13 except as permitted by law. If we discover we have received any information from a child under 13 in violation of this policy, we will delete that information immediately. If you believe FacesofFarming.com has any information from or about anyone under 13, please contact:
By mail:
The Tulare County Museum Foundation
Attn: Faces of Farming
Address
Visalia, CA
By email: webmaster@facesoffarming.com
RESPONSIBILITY OF CONTRIBUTORS:
If you post material to the website, post links on the website, or otherwise make (or allow any third party to make) material available by means of the website (any such material, “content”), You are entirely responsible for the content, and any harm resulting from that content. That is the case regardless of whether the content in question constitutes text, photos or graphics, an audio file, or computer software.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such content originated. This means that you, and not the Foundation, are entirely responsible for all content that you upload, post, email, transmit or otherwise make available via the Faces of Farming website. The Foundation does not create the content posted via the Faces of Farming website and, as such, does not guarantee the accuracy, integrity or quality of such content.
RESPONSIBILITY OF WEBSITE VISITORS:
By operating the website, the Foundation does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. The Foundation disclaims any responsibility for any harm resulting from the use by visitors of the website, or from any downloading by those visitors of content there posted.
CONTENT SUBMITTED FOR INCLUSION ON FACES OF FARMING WEBSITE
The Foundation does not claim ownership of content you submit or make available for inclusion on the Faces of Farming website. However, with respect to content you submit or make available for inclusion on publicly accessible areas of the Faces of Farming website, you grant the Foundation, its contractors and authorized educational partners, the following irrevocable and perpetual and fully sub-licensable worldwide, royalty-free and non-exclusive license(s), as applicable:
With respect to photos, graphics, audio or video you submit (“content”), and with respect to content other than photos, graphics, audio or video you submit or make available (in whole or in part) for inclusion on publicly accessible areas of the Faces of Farming website, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display, publish and/or translate such content for the educational purposes for which such content was submitted or made available, and to incorporate such content into other works in any format or medium now known or later developed in any method that directly or indirectly benefits the Tulare County History of Farm Labor & Agriculture Museum, its educational programs or exhibits.
"Publicly accessible" areas of the Faces of Farming website are those areas of the Faces of Farming network of properties that are intended by the Foundation to be available to the general public. By way of example, publicly accessible areas of the Faces of Farming website would include areas that are open to both content submitters and the public. However, publicly accessible areas of the Faces of Farming website would not include portions of Faces if Farming website such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by the Foundation, its contractors and authorized educational partners.
CONTRIBUTIONS:
By submitting ideas, suggestions, documents, and/or proposals ("contributions") to the Faces of Farming website or the Foundation, its contractors and authorized educational partners, through suggestion boxes or feedback webpages, you acknowledge and agree that: (a) your contributions do not contain confidential or proprietary information and the Foundation, its contractors and authorized educational partners, shall be entitled to use or disclose (or choose not to use or disclose) such contributions for any purpose, in any way, in any media worldwide;(b) your contributions automatically become the property of the Foundation without any obligation to you; and you are not entitled to any compensation or reimbursement of any kind from the Foundation under any circumstances.
CONTENT POSTED ON OTHER WEBSITES:
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which the Faces of Farming website links, and that link to the Faces of Farming website. The Foundation does not have any control over those non-Faces of Farming websites and webpages, and is not responsible for their contents or their use.
By linking to a non-Faces of Farming website or webpage, the Foundation does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Foundation disclaims any responsibility for any harm resulting from your use of non-Faces of Farming websites and webpages.
By making content available, you agree not to use the Faces of Farming website to:
- The downloading, copying and use of the content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the content;
- You have fully complied with any third-party licenses relating to the content, and have done all things necessary to successfully pass through to end users any required terms;
- The content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- The content is not pornographic, unlawful, libelous or defamatory, harmful, abusive, obscene, does not contain threats or incite violence towards individuals or entities, is not invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, and does not violate the privacy or publicity rights of any third party;
- Your content is not advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- Your content is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your content is not submitted under the name of a person other than yourself or a company other than your own; and
- Upload, post, email, transmit or otherwise make available any content that is harm minors in any way;
- Impersonate any person or entity, including, but not limited to, a Foundation official, contractor, or employee, docent or volunteer of any of the Foundation's educational partners, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Disguise the origin of any content transmitted through the Faces of Farming website or otherwise made available;
- Transmit or otherwise make available any Content that you do not have a right to make available 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);
- Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any and all regulations having the force of law in the United States or elsewhere in jurisdictions officially recognized by the United States government;
- Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- Collect or store personal data about other users in connection with the prohibited conduct and activities set forth above.
ASSUMPTION OF RISK AND SCREENING OF CONTENT
You understand that by using the Faces of Farming website, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will the Foundation be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Faces of Farming website or related materials generated from content submitted via the Faces of Farming website.
You acknowledge the Foundation and authorized administrator of the Faces of Farming website may or may not pre-screen content, but that the Foundation and its designees shall have the right (but not the obligation) at their sole discretion to pre-screen, refuse, or remove any content that is available via the Faces of Farming website or any derivative products. Without limiting the foregoing, the Foundation and its designees shall have the right to remove any content that violates the TOS or is otherwise objectionable.
You acknowledge, consent and agree the Foundation may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (i) comply with the legal process; (ii) enforce the TOS; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Foundation or its contractors or educational partners, users of the Faces of Farming website and the public.
LIMITATION OF LIABILITY:
In no event will the Foundation, or its educational partners or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to the Foundation under this agreement during the twelve (12) month period prior to the cause of action. The Foundation shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
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 the Foundation or submitted to the Faces of Farming website, including without limitation information submitted for inclusion or consideration of inclusion on the Faces of Farming website.
SECURITY
You understand the Faces of Farming website and software embodied within the Faces of Farming website may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by the Foundation and/or content providers who provide content to the Faces of Farming website. You may not attempt to override or circumvent any of the usage rules embedded into the Faces of Farming website. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Faces of Farming website, in whole or in part, is strictly prohibited.
CONTRIBUTORS GRANT ROYALTY-FREE LICENSE
By submitting content to the Foundation for inclusion on the Faces of Farming website, you grant the Foundation and its educational partners, including but not limited to the County of Tulare, the Tulare County Historical Society and the Tulare County Office of Education, a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the content solely for the purpose of displaying, distributing and promoting your content. If you delete or later request the deletion of content, the Foundation will use reasonable efforts to remove it from the website, but you acknowledge that caching or references to the content may not be immediately made unavailable. Further, the Foundation at its sole discretion can (i) refuse or remove any content that, in the Foundation’s reasonable opinion, violates any Foundation policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the website to any individual or entity for any reason, at Foundation’s sole discretion. The Foundation will have no obligation to provide a refund of any amounts previously paid.
FEES AND PAYMENT:
By selecting to purchase a service related to the Faces of Farming you agree to pay the Foundation the fees indicated for that service (the payment terms are described on the “shopping” area of this website). Optional “premium” services such as the submission of longer “Faces” profiles and the extra storage for same are available on the website. Payments will be charged on the day you sign up for a service and will cover the use of that service for a monthly or annual period as indicated. Service fees are not refundable.
INTELLECTUAL PROPERTY:
The TOS does not transfer from the Foundation to you any Foundation or Faces of Farming or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with the Foundation. The Foundation, Faces of Farming, all Faces of Farming websites, the Faces of Farming logo and all other trademarks, service marks, graphics and logos used in connection with Faces of Farming, or the website are trademarks or registered trademarks of the Foundation, its educational partners or the Foundation’s licensors. Other trademarks, service marks, graphics and logos used in connection with the website may be the trademarks of other third parties. Your use of the website grants you no right or license to reproduce or otherwise use any the Foundation’s or third-party trademarks.
CHANGES TO TERMS OF SERVICE:
The Foundation reserves the right, at its sole discretion, to modify or replace any part of this agreement or TOS. It is your responsibility to check the TOS periodically for changes. Your continued use of or access to the website following the posting of any changes to these TOS constitutes acceptance of those changes. The Foundation may also, in the future, offer new services and/or features through the website (including, the release of new educational tools and resources). Such new features and/or services shall also be subject to the terms and conditions of the TOS.
DISCONTINUATION OF SERVICE:
The Foundation may modify, suspend, discontinue or restrict the use of any portion of the Faces of Farming website, including the availability of any portion of the content at any time, without notice or liability.
TERMINATION
The Foundation may terminate your access to all or any part of the website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this agreement or TOS or your Faces of Farming website account (if you have one), you may simply discontinue using the website. Notwithstanding the foregoing, if you have a Faces of Farming website account, such account can only be terminated by the Foundation if you materially breach this agreement or TOS and fail to cure such breach within thirty (30) days from the Foundation’s notice to you thereof; provided that, the Foundation can terminate the website immediately as part of a general shut down of our service. All provisions of this agreement or TOS, which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. The Foundation is under no obligation to continue supporting the Faces of Farming website or hosting any or all submitted content, and may pull or discontinue the availability of the Faces of Farming website at the Foundation’s sole discretion.