TERMS OF USE
AGREEMENT - LewisFarm.net
It is important to us that you, and our other
visitors, have the best possible experience while
using our Site, and that when you use this Site
you are fully aware of our respective legal rights
and obligations. For that reason, we have created
these Terms of Use as the legally binding terms
to govern your use of this Site. Please read
these Terms of Use carefully before using the
Site, because they affect your legal rights and
obligations.
Your Acceptance of Terms
If you do not agree with any of these Terms
of Use, please do not use this Site. By using
this Site you will be deemed to have irrevocably
agreed to these terms.
Areas of this Site that are part of the proprietary
online service offered by Lewis Farm LLC as LewisFarm.net(as
defined below) may be subject to additional terms
and conditions, which you should read carefully
before making any use of those areas. Any such
terms will not vary or replace these Terms of
Use regarding any use of this Site, unless otherwise
expressly stated.
Please note that these Terms of Use may be
revised and reissued without notice at any time
by updating this posting. You should visit this
page regularly to review the current Terms of
Use, since your continued use of the Site will
be deemed as irrevocable acceptance of any revisions.
These Terms of Use were last updated on March
5, 2004.
How To Contact Us
This Site (LewisFarm.net) is controlled and
operated by:
Lewis Farm, LLC
37 Route 236
Suite 101
Kittery, Maine 03904
Our contact phone number is: (207) 439.3186
Our contact fax number is: (207) 439.3187
Please forward any complaints, questions or
general correspondence to:
Info@LewisFarm.net
Online Privacy Policy
Your privacy is important to us. To better
protect your privacy, we provide a privacy policy
explaining our online information practices and
the choices you can make about the way your information
is collected and used at this site. Please read
our site Privacy policy for our statement on
these important issues.
Trademarks and Copyrights
This Site and all materials incorporated by
Lewis Farm LLC on this Site ("Material") are
protected by copyrights, patents, trade secrets
or other proprietary rights ("Copyrights"). Some
of the logos or other images incorporated by
Lewis Farm LLC on this Site are also protected
as registered or unregistered trademarks, trade
names and/or service marks owned by Lewis Farm
LLC or others ("Trademarks"). Lewis Farm LLC
respects the intellectual property rights of
others and asks users of this Site to do the
same.
Your Use of Material
Your right to make use of this Site and any
Material or other content appearing on it is
subject to your compliance with these Terms of
Use. Modification or use of the Material or any
other content on this Site for any purpose not
permitted by these Terms of Use may be a violation
of the Copyrights and/or Trademarks, and is prohibited.
You may access and display Material and all
other content displayed on this Site for non-commercial,
personal, entertainment use on a single computer
only. Also, decompiling, reverse engineering,
disassembling, or otherwise reducing the code
used in any software on this Site into a readable
form in order to examine the construction of
such software and/or to copy or create other
products based (in whole or in part) on such
software, is prohibited. All violations of this
section will be referred to the proper authorities
for review, and possible civil or criminal action.
Disclaimer of Warranties
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. LewisFarm.net
AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES,
SERVICES AND OTHER CONTENT IN LewisFarm.net ARE
PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE
FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE
LAW, Lewis Farm LLC DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. Lewis Farm LLC DOES
NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS
SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT Lewis Farm
LLC'S WEB SITES OR THE SERVERS THAT MAKE THEM AVAILABLE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Lewis Farm LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF
THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES,
SERVICES OR OTHER CONTENT IN LewisFarm.net OR ANY
SITES LINKED TO LewisFarm.net IN TERMS OF THEIR
CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
Lewis Farm LLC MAKES NO WARRANTIES THAT YOUR USE
OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES,
SERVICE OR OTHER CONTENT IN LewisFarm.net WILL
NOT INFINGE THE RIGHTS OF OTHERS AND Lewis Farm
LLC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR
ERRORS OR OMMISSIONS IN SUCH MATERIALS, INFORMATION,
SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT
OF LewisFarm.net. IF APPLICABLE LAW DOES NOT ALLOW
THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED
WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS
WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED
BY APPLICABLE LAW.
Limitation of Liability
Lewis Farm LLC DOES NOT ACCEPT ANY LIABILITY
FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNATIVE,
ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY
OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY
TO USE, LewisFarm.net OR THE MATERIAL, INFORMATION,
DOCUMENTS, SOFTWARE, FACILITIES, SERVICES OR
OTHER CONTENT ON LewisFarm.net, REGARDLESS OF
THE BASIS
UPON
WHICH LIABILITY IS CLAIMED AND EVEN IF Lewis
Farm LLC HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU
(AND NOT Lewis Farm LLC) ASSUME THE ENTIRE COST
OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION
IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING.
IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART
OF THE ABOVE LIMITATION OF LIABILITY TO APPLY
TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY
TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Please act responsibly when using this Site.
You may only use this Site and its contents for
lawful purposes and in accordance with applicable
law and you are prohibited from storing, distributing
or transmitting any unlawful material through
this Site. You may not collect or store personal
information regarding other users. You recognize
that storing, distributing or transmitting unlawful
material could expose you to criminal and/or
civil liability. You agree that if a third party
claims that material you have contributed to
the Site is unlawful, you will bear the burden
of establishing that it is lawful. You understand
and agree that all materials publicly posted
(other than by Lewis Farm LLC) or privately transmitted
on or through this Site are the sole responsibility
of the sender, not Lewis Farm LLC, and that you
are responsible for all material you upload,
post or otherwise transmit to or through this
Site.
System Abuse
You may not reproduce, sell, resell or otherwise
exploit any resource, or access to any resource,
contained on this Site.
Service
Lewis Farm LLC, reserves the right to modify
or discontinue, temporarily or permanently, all
or any part of this Site and/or any software,
facilities and services on this Site, with or
without notice, and/or to establish general guidelines
and limitations on their use.
Local Regulations
Lewis Farm LLC makes no representation that
Materials or other content in the Site are appropriate
or available for use outside the United States,
its territories, possessions and protectorates.
If you choose to access the Site from other locations
you do so on your own initiative and at your
own risk. You are responsible for complying with
local laws, if and to the extent local laws are
applicable. You specifically agree to comply
with all applicable laws concerning the transmission
of technical data exported from the United States
or the country you reside in.
Indemnity
You agree to indemnify and hold harmless Lewis
Farm LLC and its owners, officers,partners, assigns,
directors, employees, agents, distributors and
affiliates from and against any and all claims,
demands, liabilities, costs or expenses, including
reasonable attorney's fees, resulting from your
breach of any of the foregoing provisions, representations
or warranties, and/or from your placement or
transmission of any content onto Lewis Farm LLC's
servers, and/or from any and all use of your
account.
Our Use of Content
Lewis Farm LLC will consider anything you provide
to Lewis Farm LLC and/or contribute to this Site
as available for our use free of any obligations
to you.
By posting or uploading any content to this
Site and/or providing any communication or material
to Lewis Farm LLC ("User Content"), you automatically
and irrevocably: (a) grant and assign to Lewis
Farm LLC any and all rights in the User Content
throughout the world including without limitation
all copyright, together with all consents (if
any) necessary to enable its reproduction, distribution,
modification, publishing and/or other exploitation
by Lewis Farm LLC and/or by any person authorized
by Lewis Farm LLC, by any means and in all media
now known or hereafter devised without payment
or other reference to you or any other person,
and to advertise and promote such exploitation,
for the full period of all such rights (together
with any extensions and renewals) and insofar
as possible in perpetuity; (b) waive all moral
rights in the User Content which may be available
to you in any part of the world and confirm that
no such rights have been asserted; (c) appoint
Lewis Farm LLC as your agent with full power
to enter into any document and/or do any act
Lewis Farm LLC may consider appropriate to confirm
the grant and assignment, consent and waiver
set out above; (d) warrant that you are the owner
of the User Content and entitled to enter into
these Terms of Use; (e) confirm that no such
User Content will be subject to any obligation,
of confidence or otherwise, to you or any other
person and that Lewis Farm LLC shall not be liable
for any use or disclosure of such User Content.
All files provided on this website for, whether
for viewing or downloading, are provided as-is,
with no guarantee that they are accurate, due to changes that may have been applied by Lewis Farm LLC.
Lewis Farm LLC reserves the right to replace,
update or delete any file from this website at
any time.
Documents that are notated as "For Review Only"
Lewis Farm will at times post documents for review onto LewisFarm.net. These documents are not guaranteeed to be accurate, or necessarily up to date at anytime, and are for Reference only.
For up to date copies of any downloadable
files on this website please contact Lewis Farm
LLC directly at the below contact number.
Third Party Sites
This Site may link you to other sites on the
Internet. These sites may contain information
or material that may not be accurate, or offensive.
These other sites are not under the control of
Lewis Farm LLC, and you acknowledge that (whether
or not such sites are affiliated in any way with
Lewis Farm LLC) Lewis Farm LLC is not responsible
for the accuracy, copyright compliance, legality,
decency, or any other aspect of the content of
such sites. The inclusion of such a link does
not imply endorsement of any site by Lewis Farm
LLC or any association with its operators.
Proprietary Online Services
Any area of this Site that is accessed through
any proprietary online service is subject to
the rules, policies and guidelines of such proprietary
online service.
Jurisdictional Issues
The Materials and all other content in this
Site are presented solely for the purpose of
providing entertainment and information. The
Site is controlled and operated by Lewis Farm
LLC from its offices within the State of Maine,
United States of America.
These Terms of Use shall be governed by, construed
and enforced in accordance with the laws of the
State of Maine, as they are applied to agreements
entered into and to be performed entirely within
the State of Maine. Any action you, any third
party or Lewis Farm LLC may bring to enforce
these Terms of Use or, in connection with any
matters related to the Site shall be brought
only in either the State or Federal Courts located
in York County, State of Maine, and you expressly
consent to the jurisdiction of said courts.
If any provision of these Terms of Use shall
be unlawful, void, or for any reason unenforceable,
then that provision shall be deemed severable
for this agreement and shall not affect the validity
and enforceability of any remaining provisions.
This is the entire agreement between the parties
relating to the matters contained herein.
Claims of Infringement
If you believe that any content appearing on
this Site infringes your copyright rights, we
at Lewis Farm LLC want to hear from you. Please
forward the following information in writing
to the Copyright Agent named below:
(a) your name, address, telephone number, and
e-mail address; (b) a description of the copyrighted
work that you claim has been infringed; (c) the
exact URL or a description of each place where
alleged infringing material is located; (d) a
statement by you that you have a good faith belief
that the disputed use has not been authorized
by you, your agent, or the law; and (e) your
electronic or physical signature or the electronic
or physical signature of the person authorized
to act on your behalf.
Copyright Agent:
Lewis Farm LLC
Copyright Administrator
37 Route 236
Suite 101
Kittery, Maine 03904
Tel: (207) 439.3186
Fax: (207) 439.3187
Email: Info@LewisFarm.net
Lewis Farm LLC seeks to preserve any and all
exemptions from liability that may be available
under the copyright law, but does not necessarily
stipulate that it is a service provider as defined
in USC section 512(c) or elsewhere.
|
