PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF USE (“TOU”) FOR THE TECFARMS.ORG WEB SITE (“Website”) BEFORE USING THIS WEBSITE. By continuing to access, link to, or use this Website, including but not limited to text, content, photographs, video, audio and graphics, services, and goods (the “Service”), you signify YOUR ACCEPTANCE OF THE TOU. TecFarms Philanthropies LLC, and each of their respective affiliates, Suppliers (as defined below), partners and representatives, as applicable (“TecFarms Philanthropies,” “we” or “us”) reserves the right to modify the TOU at any time, and such modifications shall be effective immediately. Please continue to review the TOU whenever accessing, linking to, or using this Website. Your access, link to, or use of the Website, or any service on this Website, after the posting of modifications to the TOU will constitute YOUR ACCEPTANCE OF THE TOU, as modified. If, at any time, you do not wish to accept the TOU, you may not access, link to, or use this Website.
The Service is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. The Service is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns and other elements making up the Service are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service. You acknowledge that the Service has been developed, compiled, prepared, revised, selected, and arranged by us and others, through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of us and such others. You agree to protect the proprietary rights of us and all others having rights in the Service, including, but not limited to, TecFarms Philanthropies, during and after the term of this agreement and to comply with all reasonable written requests made by us or our partners, suppliers, licensors, and owners of content, copyrights, trademarks, or otherwise (“Suppliers”) to protect their and others’ contractual, statutory, and common law rights in the Service. You agree to notify us in writing at email@example.com promptly upon becoming aware of any unauthorized access or use of the Service by any individual or entity or of any claim that the Service infringes upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Service (the “Intellectual Property Rights”) shall, as between you and TecFarms Philanthropies, at all times be and remain the sole and exclusive property of TecFarms Philanthropies or our licensors. All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to TecFarms Philanthropies for its exclusive use.
You may not frame this Website or any portion or page of this Website. You may not archive, cache, or mirror any page or portion of a page of this Website. You may not include a link(s) on your website to this Website, or any page or portion of the Website, without our written permission. To request permission to link to this Website, please contact firstname.lastname@example.org. If you receive permission to link to this Website, you may not link to this Website any website containing inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topics, names, or material or information that violates any applicable intellectual property, proprietary, privacy, or publicity rights. If you link to this Website, you may not portray any person or subject in a false or misleading light. In addition, you may not imply that we and/or our Suppliers are endorsing your products or services. Any violation of this provision may, in our discretion, result in termination of your access to and use of this Website effective immediately.
You agree, at your own expense, to indemnify, defend and hold us and our respective owners, members, agents, directors, officers, employees, representatives, affiliates, successors, and assigns against any claim, suit, action or other proceeding, from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorney’s and expert’s fees, arising out of or in connection with the Service, or any links on the Service, including, but not limited: (a) any breach or violation of the TOU by you or someone using your computer; (b) material entered into or transmitted through the Service with the use of your computer; (c) your use or someone using your computer’s use of the Service; (d) a claim that any use of the Service by you or someone using your computer infringes any Intellectual Property Right of any third party, or any right of privacy or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; or (e) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Service by you or someone using your computer. You agree to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action, or proceeding attributable to any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defense.
The TOU shall be governed and construed in accordance with the laws of the United States and the State of New Jersey, without giving effect to conflicts-of-law principles thereof. You agree to submit to the personal jurisdiction of the state and federal courts located in New Jersey County in the State of New Jersey with respect to any legal proceedings that may arise in connection with the Service or from a dispute as to the interpretation or breach of the TOU and hereby waive any objection to the propriety or convenience of venue is such courts.
When you visit this Website and when you communicate with us electronically, you consent to receive communications from us electronically and electronically to sign documents. You agree that all notices, disclosures, and other communications we provide to you electronically shall satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form. We will retain a copy of any agreement or document you sign electronically, including through this Website, and you are responsible for retaining a copy of any agreement or document you sign electronically, including through this Website.
You may not assign or transfer the TOU or the rights hereunder, including but not limited to, the limited right for you to access use the Service in accordance with the TOU. We may assign the TOU to an affiliated entity, partner, or any third party. You acknowledge and agree that we may delegate certain of our responsibilities, obligations, and duties under or in connection with the TOU to an affiliated entity, partner, or any third party, which may discharge those responsibilities, obligations, and duties on behalf of us.
You recognize that we and our affiliated entities (together, the “Covered Entities”), each have rights with respect to the Service, including the information and other items provided by us and the Covered Entities by reason of your use of the Service. The TOU shall be for the benefit of the Covered Entities and the respective affiliates, successors, assigns, officers, directors, employees, Suppliers, and representatives of the Covered Entities.
You may not use any of our trademarks, trade names, service marks, copyrights, or logos, or our licensors’, the Covered Entities’, or their licensors’ trademarks, trade names, service marks, copyrights, or logos, including without limitation, TecFarms Philanthropies in any manner that creates the impression that such items (a) belong to or are associated with you or indicate the sponsorship or approval of us, our licensors, any Covered Entity, or their licensors; or (b) except as otherwise provided herein, are used with our, our licensors’, the Covered Entities’, or their licensors’ consent, and you acknowledge that you have no ownership rights in or to any of such items.
The TOU and any other terms and conditions of service on the Service, and its successor, constitute the entire agreement between you and us and govern your use of the Service. The section titles in the TOU are used solely for the convenience of you and us and have no legal or contractual significance. Our failure to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the TOU will remain in force. Sections, 2 through 8, 9(c), and 10, 13 and 15 shall survive termination or expiration of this TOU.
COPYRIGHT AGENT FOR COPYRIGHT INFRINGEMENT CLAIMS (DIGITAL MILLENNIUM COPYRIGHT ACT):
The designated agent to receive notification of claimed infringement under Title II of the Digital Millennium Copyright Act is: e-mail: email@example.com