Digital Farm Collective

Digital Farm Collective

DFC Terms of Use

Digital Farm Collective (“Us”, “We”, “Our”) is pleased to provide to visitors and users (“You”) its sites, software, applications, content, products and services (“DFC Services”). These terms govern Your use and Our provision of the DFC Services.  PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE DFC SERVICES.

1. Contract

These terms are a contract between You and Digital Farm Collective.  You must read and agree to these terms before using the DFC Services.  If You do not agree, You shall not use the DFC Services.  By accessing the DFC Services You agree to these terms. These terms describe the limited basis on which the DFC Services are available and supersede prior terms or arrangements.

We may occasionally change these terms. Such changes are effective upon the posting thereof. Your continued use of the DFC Services after changes to these terms is considered acceptance of the changed terms. If You do not agree to any of the changes to these terms when made, You must discontinue using the DFC Services.

2. The DFC Services

The DFC Services are for Your personal, noncommercial use and are intended for educational and entertainment purposes only.  They do not constitute legal, financial, professional, medical or healthcare advice or diagnosis and shall not be used for such purposes.

a. User Conduct
As a condition of Your use of DFC Services, You expressly agree that You will not use the DFC Services for any purpose that is unlawful or prohibited by these terms. You agree to abide by all applicable local, state, national, and international laws and regulations and are solely responsible for all acts or omissions that occur during Your access and use of the DFC Services, including the content of Your transmissions through the DFC Service.

b. Intellectual Property
The DFC Services are Our copyrighted property and all trademarks, service marks, trade names, trade dress and other intellectual property rights in the DFC Services are owned by Us.  Except as We specifically agree in writing, no element of the DFC Services may be used or exploited in any way other than as part of the DFC Services offered to You. You may own the physical media on which elements of the DFC Services are delivered to You, but We retain full and complete ownership of the DFC Services.  We do not transfer title to any portion of the DFC Services to You.

c. Content and Software License
If a DFC Service is configured to enable the use of software, content, or other materials owned or licensed by Us, We grant You a limited, non-exclusive, non-sublicensable, non-transferable license to access and use such software, content, virtual item or other material for Your personal, noncommercial use only. You shall not use the DFC Services for any other purpose.

You shall not circumvent or disable any content protection system or digital rights management technology used with any DFC Service; decompile, reverse engineer, disassemble or otherwise reduce any DFC Service to a human-readable form; remove identification, copyright or other proprietary notices; or access or use any DFC Service in an unlawful or unauthorized manner or in a manner that suggests an association with Our products, services or brands.  By acquiring services, content or software through the DFC Services, You represent and warrant that Your access to and use of the DFC Services will comply with those requirements.

d. Hyperlinks
The appearance of hyperlinks to external websites on the DFC Services does not constitute endorsement by Us, Our subsidiaries and affiliates of the opinions or views expressed by these linked sites and We do not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained in the linked sites. Furthermore, We are not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by such sites. As such, neither Us nor any of Our subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from use or reliance of such information contained in these sites. To the extent that these sites collect personal information or postings from the end user, be advised that in no event shall We assume or have any responsibility or liability for the manner in which such information or postings are exploited or for any claims, damages, or losses resulting from their use and/or appearance on these sites. Finally, under no circumstances will We be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these linked sites.

e. Disclaimers and Limitation on Liability
THE DFC SERVICES ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUCH AS BUT NOT LIMITED TO SUCCESSFUL FARMING OR GROWING OF A CROP OR PLANT. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATION OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF DFC SERVICES OR WITH RESPECT TO THE INFORMATION AND MATERIAL CONTAINED ON THE DFC SERVICES. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF ANY MATERIAL RESTS WITH YOU. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DIGITAL FARM COLLECTIVE, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND REPRESENTATIVES SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THE DFC SERVICES WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY US OR ANY THIRD PARTY. ADDITIONALLY, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR SPECIAL LOSS OR OTHER DAMAGE, WHETHER ARISING FROM NEGLIGENCE, BREACH OF CONTRACT, DEFAMATION, INFRINGMENT OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS, CAUSED BY THE EXHIBITION, DISTRIBUTION OR EXPLOITATION OF ANY INFORMATION OR CONTENT CONTAINED WITHIN OUR SITES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL OUR LIABILITY TO YOU FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE DFC SERVICES. 

f. Additional Restrictions on Use of the DFC Services
You shall not knowingly or recklessly introduce a virus or other harmful component, or otherwise tamper with, impair or damage any DFC Service or interfere with any person or entity’s use or enjoyment of any DFC Service.  Additionally, You shall not access, monitor or copy any element of the DFC Services using a robot, spider, scraper or other automated means or manual process without Our express written permission.

g. Mobile Network
When You access the DFC Services through a mobile network, Your network or roaming provider’s messaging, data and other rates and fees will apply.  Downloading, installing or using certain DFC Services may be prohibited or restricted by Your network provider and not all DFC Services may work with Your network provider or device.

3. Discontinued Access 

a. Termination
We reserve the right to limit, suspend, terminate, modify, or delete accounts or access to the DFC Services, or portions thereof, if You are, or We suspect that You are, failing to comply with any of these terms or for any actual or suspected illegal or improper use of the DFC Services, with or without notice to You. In such event, You may lose all benefits, privileges, and account attributes associated with Your account and Your use of the DFC Services, and We are under no obligation to compensate You for any such losses or results.

We reserve the right to limit, suspend or terminate the DFC Services and user accounts or portions thereof, prohibit access to the DFC Services, and their content, services and tools, delay or remove hosted content, and take technical and legal steps to prevent users from accessing the DFC Services if We believe that they are creating risk or possible legal liabilities, infringing Our intellectual property rights, or acting inconsistently with the letter or spirit of Our terms or policies.

b. Cancellation
We reserve the right to terminate or modify any aspect of the DFC Services, or the DFC Services in their entirety, at any time in Our sole discretion, with or without notice to You. You may cease using any or all of the DFC Services or close Your account, at any time and for any reason in Your discretion. In such event, We shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the DFC Services.

4. Your Content and Account

a. User Generated Content
The DFC Services may allow You to communicate, submit, upload or otherwise make available text, images, audio, video or other content (“User Generated Content”). You shall not submit or upload User Generated Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive, whether or not such material is protected by law.

We do not claim ownership to Your User Generated Content; however, You grant Us a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise

The DFC Services may allow You to communicate, submit, upload or otherwise make available text, images, audio, video or other content (“User Generated Content”). You shall not submit or upload User Generated Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive, whether or not such material is protected by law.

We do not claim ownership to Your User Generated Content; however, You grant Us a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwiseb. Account
Some DFC Services permit or require You to create an account to participate. You agree to provide and maintain accurate, current and complete information, including Your contact information for notices and other communications from Us.  You agree not to impersonate or misrepresent Your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details for a parent or guardian.  You agree that We may take steps to verify the accuracy of information You provide. We may suspend or terminate Your account and Your ability to use the DFC Services if You engage in, encourage or advocate for illegal conduct, or if You fail to comply with these terms or Our Privacy Policy.

c. Seed Snap Account Creation
When you create an account, You provide Your first name, last name, e-mail address, and for educators, school affiliation. We will generate a password for You to use. If You believe or have reason to believe Your password has been compromised You shall notify Us and We will issue You a new password. Our use of such Personal Information is governed by our Privacy Policy.

d. Passwords and Security
You are responsible for taking reasonable steps to maintain the confidentiality of Your username and password, and You are responsible for all activities under Your account.  You shall promptly notify Us of any unauthorized use of Your username, password or other account information, or of any other breach of security that You become aware of involving the DFC Services.

5. Additional Provisions

a. Privacy
You should carefully read Our Privacy Policy before using DFC Services as the Privacy Policy is hereby incorporated into this Agreement by reference, and governs Our treatment of any information You submit to Us as well as any information You otherwise makes available to Us by using or interacting with the DFC Services. It is available at digitalfarmcollective.org.

b. Indemnification
You agree, to the fullest extent permitted by law, to indemnify, defend (at Our election) and hold harmless Digital Farm Collective and affiliated companies, its and their licensees, distributors, licensors, representatives, authorized users, third party service providers, suppliers, successors and assigns, and each of its and their officers, directors, agents and employees, from any and all expenses, liabilities, damages, costs, liens, penalties and losses whatsoever, including, without limitation, attorneys’ fees, arising out of any claims, demands, counterclaims, actions, lawsuits or judgments, regardless of the merit, whether threatened or actual, fixed or contingent, known or unknown, arising out of or relating to the actual or alleged breach by You of these terms, or Your use of the DFC Services. We reserves the right to assume, at Our sole expense, the exclusive defense and control of any matter subject to indemnification by You, in which event You will fully cooperate with Us in asserting any available defenses

c. Choice of Forum
You agree that any action at law or in equity arising out of or relating to these terms or the DFC Services shall be filed, and that venue properly lies, only in the state or federal courts located in Maricopa County of Arizona, United States of America and You consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.

d. Choice of Law
These terms are governed by and construed in accordance with the laws of the State of Arizona and the laws of the United States, without giving effect to any conflict of law principles.

e. Severability
If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

f. Survival
The following sections shall survive the termination of these terms: 2(a), 2(b), 2(c), 2(e), 2(f), 4(a), 4(d), 5(b), 5(c), 5(d), 5(e), 5(f), and 5(g).

g. Waiver
No waiver of any provision of these terms by Us shall be deemed a further or continuing waiver of such provision or any other provision, and Our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.