FACES OF FARMING TERMS OF SERVICE AGREEMENT CONT.:

NO IMPLIED WARRANTIES:

The website is provided “as is.” The Foundation and its educational partners and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither the Foundation nor its educational partners and licensors, makes any warranty that the website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the website at your own discretion and risk.

ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES Faces of Farming.com WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED.

STATUTE OF LIMITATIONS:

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 Faces of Farming website or the TOS must be filed within six (6) months after such claim or cause of action arose or be forever barred. No Class Actions. You agree no claim subject to these Terms of Service may be brought as a class action.

GENERAL REPRESENTATION AND WARRANTY:

You represent and warrant that (i) your use of the website will be in strict accordance with the Foundation’s Privacy Policy, with this agreement or TOS and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the website will not infringe or misappropriate the intellectual property rights of any third party.

INDEMNIFICATION:

You agree to indemnify and hold the Foundation, its officers and directors, contractors, educational partners and licensors 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, transmit, modify or otherwise make available through the Faces of Farming website, your use of the Faces of Farming website, your violation of the TOS, or your violation of any other person’s rights.

MODIFICATION OF TERMS:

The TOS constitutes the entire agreement between the Foundation and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive officer of the Foundation, or by the posting by the Foundation of a revised version. The Foundation is under no obligation to proactively notify website users of changes to the TOS: it remains the responsibility of users to check the posted TOS for revisions.

DETERMINATION OF LEGAL JURISDICTION AND ARBITRATION:

Except to the extent applicable law, if any, provides otherwise, this agreement or TOS, any access to or use of the website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Tulare County, California and shall take place in the English language.

Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this agreement or TOS shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Tulare County, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this agreement or TOS shall be entitled to costs and attorneys’ fees.

WAIVER AND SEVERABILITY OF TERMS:

The failure of the Foundation to exercise or enforce any right or provision of the agreement or TOS shall not constitute a waiver of such right or provision. If any part of this agreement or TOS is held invalid or unenforceable by a court of competent jurisdiction, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this agreement or TOS to any party that consents to, and agrees to be bound by, its terms and conditions; the Foundation may assign its rights under this agreement or TOS without condition. This agreement to TOS will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

INTERSTATE OR INTERNATIONAL NATURE OF COMMUNICATIONS

You acknowledge that in using the Faces of Farming website to send electronic communications (including but not limited to email, search queries, sending messages and other Internet activities), you will be causing communications to be sent through computer networks in use by the Foundation, its contractors and educational partners, which are located in California, and the computers used by content submitters and website users who may be located anywhere in the United States or abroad. As a result, due to the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. By agreeing to this TOS, you acknowledge that use of the service results in interstate data transmissions.

SPECIAL ADMONITIONS FOR EXPORT AND IMPORT COMPLIANCE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Use of the Faces of Farming website and transfer, posting and uploading of software, technology, and other technical data via the Faces of Farming website may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations.

NO COMMERCIAL REUSE:

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Faces of Farming website, (including content, advertisements, or software).

MODIFICATIONS TO FACES OF FARMING SERVICES:

The Foundation, its contractors and authorized educational partners reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Faces of Farming services (or any part thereof) with or without notice. You agree that the Foundation shall not be liable to you or to any third party for any modification, suspension or discontinuance of the services (or any part thereof).

PROPRIETARY RIGHTS:

You acknowledge and agree that the Faces of Farming website and any necessary software used in connection with the Faces of Farming contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Faces of Farming website or its content or the software, in whole or in part.

TRADEMARK INFORMATION AND PERMISSIONS:

You agree that all of the Foundation trademarks, trade names, service marks and other Faces of Farming logos and brand features, and product and service names are trademarks and the property of the Foundation. You agree not to display or use in any manner without the Foundation’s prior permission.

If you are seeking permission to use the Foundation’s trademarks, logos, service marks, trade dress, slogans, screen shots, copyrighted designs, or other brand features, please contact the webmaster@facesoffarming.com or the Designated Agent.

The Tulare County Museum Foundation ("Foundation") has adopted the following general policy toward copyright and intellectual property infringement in accordance with general U.S. intellectual property laws and the Digital Millennium Copyright Act. The Foundation will respond to notices from jurisdictions other than the U.S. as well. The address of the Tulare County Museum Foundation’s Designated Agent to Receive Notification of claims of copyright or other intellectual property infringement can be reached as follows:

By mail: ?
Designated Agent for FACES OF FARMING
The Tulare County Museum Foundation
address ?
Visalia, CA

Please note that the above contact information is for intellectual property infringement notices only. DO NOT CONTACT FacesofFarming.com’s COPYRIGHT AGENT FOR OTHER INQUIRIES OR QUESTIONS. For other inquiries or questions, please use the information listed in the website’s CONTACT US section.

The Foundation may act swiftly to respond to a proper notice by (1) removing or disabling access to material claimed to be subject of infringing activity; and (2) removing and discontinuing service to repeat offenders. If the Foundation removes or disables access in response to such a notice, the Foundation will make a good-faith attempt to contact the allegedly infringing party ("content submitter") so that they may make a counter notification.

A. Reporting copyright or intellectual property infringements

If you materially misrepresent that a product or activity is infringing your intellectual property, you may be liable for damages (including costs and attorneys' fees). Therefore, if you are not sure whether the material infringes upon your intellectual property, please contact an attorney before contacting the Foundation.

If you believe that material residing on or accessible through the Faces of Farming website infringes a copyright or other intellectual property right, to provide the Foundation with notice of such infringement, you must send a written notice of the infringement to the Designated Agent listed above. Please specify the type of infringement at issue and the notice must include the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or intellectual property right that has been allegedly infringed upon (by fax or regular mail – not by email, except by prior agreement);
Identification in sufficient detail of the material being infringed upon (for an allegation of a patent infringement, please provide a patent number);
Identification of the material that is claimed to be infringing upon the intellectual property. Include information regarding the location of the infringing material with sufficient detail so that the Foundation is capable of finding and verifying its existence (for Faces of Farming profile listings, please provide the relevant “Faces” profile names);
Contact information about the notifier including the name of the intellectual property owner, the name and title of the person contacting the Foundation on the owner's behalf, the address, telephone number and, if available, e-mail address;
A statement that the notifier has a good faith belief that the material is not authorized by the intellectual property or copyright owner, its agent, or the law; and
A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the intellectual property or copyright owner.

B. Removal of Allegedly Infringing Material

Once Proper Bona Fide Infringement Notification is received by the Designated Agent, the Foundation may remove or disable access to the material infringing upon the intellectual property. If the Foundation removes or disables access to content in response to an infringement notice, the Foundation will make reasonable attempts to notify the person claiming infringement that the Foundation has removed or disabled access to the material. Repeat offenders will have all material removed from the system and Foundation will terminate that person's access to the service.

When removing material from the site, the Foundation will make reasonable attempts to inform the Faces of Farming content contributor of the removal, the reason for the removal, and may provide the Faces of Farming content contributor with a copy of the notice and the notifying party’s contact information.

C. Procedure to Supply a Copyright Counter-Notice to the Designated Agent:

If you materially misrepresent that a product or activity is not infringing upon the intellectual property, you may be liable for damages (including costs and attorneys’ fees). Therefore, if you are not sure whether or not the material infringes on the intellectual property, please contact an attorney before contacting the Foundation.

If a contributor believes that their material that was removed or to which access was disabled is not infringing upon a copyright, you must send a counter-notice, pursuant to 512(g)(2) and (3) of the Digital Millennium Copyright Act. Please do not re-list or reactivate the material yourself. The counter-notice must contain the following information to the Designated Agent listed above.

Your physical or electronic signature (by fax or regular mail – not by email, except by prior agreement);
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
A statement, under penalty of perjury, that the you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material;
Your name, address, telephone number, and, if available, e-mail address and a statement that you consent to the jurisdiction of the Federal Court for the judicial district in which the Foundation’s address is located.

If a counter-notice is received by the Designated Agent, the Foundation may send a copy of the counter-notice to the original complaining party informing that person that the Foundation may replace the removed material or cease disabling it in 14 business days. Unless the copyright or intellectual property owner files an action seeking a court order against the Faces of Farming and/or website contributor, the removed material may be replaced or access to it restored in 14 business days after receipt of the counter-notice, at the Foundation’s discretion.

TOS section titles are for convenience only and have no legal or contractual effect.

Last updated November 1, 2009