Terms of Use

ANY PERSON OR ENTITY ("User") ACCESSING THE farm-file.com WEB SITE (the "Site" or "Service") OR ANY OF THE INFORMATION CONTAINED HEREIN AGREES TO AND IS BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS farm-file.com WEB SITE TERMS OF USE ("Agreement"):

This Agreement is a legal agreement between the User and mssbconsulting Ltd for the farm-file.com Software Application Services you subscribe to. These Software Application Services include computer software, data storage mechanisms, databases and related designs, printed materials, and online or electronic documentation (Software Application Services, Application Services, or Software). By using the Software Application Services, you agree to be bound by the terms of this Customer Agreement. If you do not agree to the terms of this Customer Agreement, you are not authorized to use the Software Application Services.

1. MEMBER ACCOUNT, PASSWORD AND SECURITY

You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify farm-file.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. farm-file.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

2. MEMBER 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 farm-file.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. farm-file.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will farm-file.com 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, transmitted or otherwise made available via the Service.

User agrees not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, "Interfere") with farm-file.com's web site in any manner. If User in any way Interferes with farm-file.com's web site, User agrees to pay all damages incurred by farm-file.com, including any consequential damages, and agrees that the measure of hard to determine damages will be the highest estimate of damages as provided by farm-file.com. User's Interference with farm-file.com's web site relieves farm-file.com of any of its contractual or other legal obligations to User, including farm-file.com's obligations under its Privacy Policy. farm-file.com will cooperate with the authorities in prosecuting any User who Interferes with farm-file.com's web site, attempts to defraud farm-file.com.

4. COMPLIANCE WITH AGREEMENT AND LAWS

You shall use the Farm Mapping Tool only in compliance with this Terms of Use and all other applicable EU laws (including, but not limited to, policies and laws related to spamming, copyright and trademark infringement, defamation, privacy, obscenity, and child protective email address registry laws). Although farm-file has no obligation to review the content provided by you or your use of the Organic Farm Management Tool, farm-file may do so and may block any email messages and or terminate any use of the Organic Farm Management Tool that farm-file believes may be (or is alleged to be) in violation of the foregoing. You also agree not to upload survey links to message boards or newsgroups without express permission.

5. MODIFICATIONS TO SERVICE

farm-file.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that farm-file.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You agree that farm-file.com has no responsibility or liability for the deletion or failure to store any farm data or other Content maintained or transmitted by the Service. You acknowledge that farm-file.com reserves the right to delete accounts that are inactive for an extended period of time. You further acknowledge that farm-file.com reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

6. COPYRIGHTS

The Software Application Services are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software Application Services are licensed, not sold. All title and copyrights in and to the Software are owned by farm-file.com or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the Software Application Services is the property of the respective content owner and also may be protected by applicable copyright or other intellectual property laws and treaties.

7. LINKS TO THIRD PARTIES

farm-file.com makes no claims or representations about any Web Site not under farm-file's control that a User may access from farm-file.com's web site-- by link, frame, or any other means ("Linked Site"). Any link, frame, or any other means to access any Linked Site provided by farm-file.com or otherwise on farm-file.com's web site does not constitute farm-file.com's endorsement, recommendation, or acceptance of any responsibility for the content of that Linked Site or the operators of that Linked Site.

8. LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE farm-file.com SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE farm-file.com SITES/SERVICES AND TO THE INFORMATION THEREIN. farm-file.com AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN farm-file.com SITES/SERVICES AT ANY TIME. farm-file.com CORPORATION AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE farm-file.com SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. farm-file.com AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. YOU SPECIFICALLY AGREE THAT farm-file.com SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH A farm-file.com SITE/SERVICE. YOU SPECIFICALLY AGREE THAT farm-file.com IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT farm-file.com IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN A farm-file.com SITE/SERVICE BY ANY THIRD PARTY. IN NO EVENT SHALL farm-file.com AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE farm-file.com SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE farm-file.com SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE farm-file.com SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE farm-file.com SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF farm-file.com OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE farm-file.com SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE farm-file.com SITES/SERVICES. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Use to be unenforceable, the remainder of the Terms of Use will continue in full force and effect. These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by mssbconsulting Ltd.