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(YOU MUST BE AT LEAST 16 YEARS OLD TO REGISTER ON OR
USE THE FARMFLIRT.COM WEBSITE. ACCESS OR USE OF THIS
SITE OR ITS CONTENTS BY ANY PERSON UNDER THE AGE OF
16 IS STRICTLY PROHIBITED.)
Please read this Member Terms and Conditions Agreement
(the "Agreement") carefully. The Agreement
sets out the terms under which farmflirt.com services
(the "Services") are provided to you by us
(farmflirt.com) through the farmflirt.com website (the
"Site"). By registering with farmflirt.com,
you become a member of the Service (a "Member"),
and you agree to be bound by the terms and conditions
of this Agreement (the "Terms") for as long
as you continue to be a Member. If you do not agree
to the Terms, please do not register for the farmflirt.com
Service or otherwise access or use this Site.
We reserve the right at any time to:
· Change the terms and conditions of this Agreement;
· Change the Site, including eliminating or
discontinuing any content on or feature of the Site;
or
· Change any fees or charges for using the Site.
Any changes we make will be effective immediately upon
notice, which we may provide by means including, without
limitation, posting on the Site or email. Your use of
the Site after such notice will be deemed acceptance
of the changes. Be sure to review this Agreement periodically
to ensure familiarity with the most current version.
Upon our request, you agree to sign a non-electronic
version of this Agreement.
REGISTRATION. To become a Member you must register
with us. When and if you register to become a Member,
you agree to provide accurate, current and complete
information about yourself as prompted by our registration
form ("Registration Data"), and to maintain
and update your information to keep it accurate, current
and complete. You agree that we may rely on your Registration
Data as accurate, current and complete. You acknowledge
that if your Registration Data is untrue, inaccurate,
not current or incomplete in any respect, we reserve
the right to terminate this Agreement and your use of
the Site.
When you register, we will require that you provide
sufficient information to indicate that you are at least
18 years old. By becoming a Member, you represent and
warrant that you are at least 18 years old, which is
the minimum required age to become a Member. However,
we cannot guarantee that each Member is at least the
required minimum age, nor do we accept responsibility
or liability for any content, communication or other
use or access of the Site by persons under the age of
18 in violation of these Terms.
Either you or farmflirt.com may terminate your membership
at any time, for any reason, effective upon sending
written notice to the other party. We reserve the right
to immediately suspend or terminate your access to the
Service, without notice, upon any breach of this Agreement
by you which is brought to our attention.
Your membership in the Service is for your sole, personal
use. You may not authorize others to use your membership,
and you may not assign or otherwise transfer your account
to any other person or entity.
USERNAME AND PASSWORD. As part of the registration
process, you will be asked to select a username and
password. We may refuse to grant any username that impersonates
someone else, is or may be illegal, is or may be protected
by trademark or other proprietary rights law, is vulgar
or otherwise offensive, or may cause confusion, as we
determine in our sole discretion. You are responsible
for the confidentiality and use of your username and
password and agree not to transfer or resell your use
of or access to the Site to any third party. If you
have reason to believe that your account is no longer
secure, you must promptly change your password by updating
your account information, available at the 'My Farmflirt'
Page after logging on to farmflirt.com, and immediately
notify us by emailing us at info@farmflirt.com. YOU
ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY
OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES
THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
ONLINE CONDUCT. As a Member, you agree that:
You are solely responsible for the content or information
you publish or display (hereinafter, "post")
on the Service, or transmit to other Members.
You will not post on the Service, or transmit to other
Members or employees, any defamatory, inaccurate, abusive,
obscene, profane, offensive sexually oriented, threatening,
harassing, racially offensive, or illegal material,
or any material that infringes or violates another party's
rights (including, but not limited to, intellectual
property rights, and rights of privacy and publicity).
Please notify us by writing an email to info@farmflirt.com
of any material contained in the Service that you believe
infringes these rules.
You will use the Service in a manner consistent with
any and all applicable laws and regulations. You will
not include in your profile any telephone numbers, street
addresses, last names, URLs, e-mail addresses, offensive
anatomical or sexual references, or offensive sexually
suggestive or connotative language, or any confidential
information of any third person, and you will not post
any photographs or other images containing nudity or
such personal information. farmflirt.com reserves the
right, but has no obligation, to reject any profile
or photograph or image that does not comply with these
prohibitions.
You will not impersonate any person or entity.
You will not "stalk" or otherwise harass
any person.
You will not engage in advertising to, or solicitation
of, other Members to buy or sell any products or services
through the Service. You will not transmit any chain
letters, spam or junk email to other Members.
You will not express or imply that any statements you
make are endorsed by us, without our specific prior
written consent.
You will not harvest or collect personal information
about other Members whether or not for commercial purposes,
without their express consent.
You will not use any robot, spider, site search/retrieval
application, or other manual or automatic device or
process to retrieve, index, "data mine", or
in any way reproduce or circumvent the navigational
structure or presentation of the Site or its contents.
You will not post, distribute or reproduce in any way
any copyrighted material, trademarks, or other proprietary
information without obtaining the prior consent of the
owner of such proprietary rights.
You will not remove any copyright, trademark or other
proprietary rights notices contained in the Site.
You will not interfere with or disrupt the Services
or the Site or the servers or networks connected to
the Services or the Site.
You will not post, e-mail or otherwise transmit any
material that contains software viruses or any other
computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software
or hardware or telecommunications equipment. Please
notify us by sending an e-mail to info@farmflirt.com
of any material contained in the Service that you believe
infringes these rules.
You will not forge headers or otherwise manipulate
identifiers in order to disguise the origin of any information
transmitted through the Service.
You will not "frame" or "mirror"
any part of the Site, without our prior written authorization.
You also shall not use metatags or code or other devices
containing any reference to farmflirt.com or the Service
or the Site in order to direct any person to any other
website for any purpose.
You will not modify, adapt, sublicense, translate,
sell, reverse engineer, decipher, decompile or otherwise
disassemble any portion of the Site or any software
used on or for the Site or cause others to do so.
You are solely responsible for your interactions with
other Members. farmflirt.com reserves the right, but
has no obligation, to monitor disputes between you and
other Members.
We do not exclude any liability for death or personal
injury due to our negligence.
INDEMNITY BY MEMBER. You agree to indemnify, defend
and hold us, our officers, directors, employees, agents
and representatives harmless from and against any and
all claims, damages, losses, liabilities, costs (including
reasonable attorneys' fees) or other expenses that arise
directly or indirectly out of or from (i) your breach
of this Agreement; (ii) any allegation that any materials
that you submit to us or transmit to the Site infringe
or otherwise violate the copyright, trademark, trade
secret or other intellectual property or other rights
of any third party; and/or (iii) your activities in
connection with the Site. This indemnity shall be applicable
without regard to the negligence of any party, including
any indemnified person.
ONLINE CONTENT. Opinions, advice, statements, offers
or other information or content made available through
the Service are those of their respective Member-author
and not of farmflirt.com, and should not necessarily
be relied upon. Such Members are solely responsible
for such content. farmflirt.com does not guarantee the
accuracy, completeness or usefulness of any information
on the Service and neither adopts nor endorses nor is
responsible for the accuracy or reliability of any opinion,
advice or statement made. Under no circumstances will
farmflirt.com be responsible for any loss or damage
resulting from anyone's reliance on information or other
content posted on the Service or transmitted to Members.
The Site may contain links to other Internet websites
or resources. We neither control nor endorse such other
websites, nor have we reviewed any content that appears
on such other websites. You acknowledge and agree that
we shall not be held responsible for the legality, accuracy
or inappropriate nature of any content, advertising,
products, services or information located on or through
any other websites or for the operation or policies
of any such websites, nor for any loss or damages caused
or alleged to have been caused by the use of or reliance
on any such websites or such content or other information.
We do not exclude any liability for death or personal
injury due to our negligence.
WARNING - PLEASE READ: It is possible that other Members
or users (including unauthorized users, or "hackers")
may post or transmit offensive or obscene materials
on the Service and that you may be involuntarily exposed
to such offensive and obscene materials. It also is
possible for others to obtain personal information about
you due to your use of the Service, and that the recipient
may use such information to harass or injure you. farmflirt.com
is not responsible for the use of any personal information
that you may choose to disclose on the Service. Please
carefully select the type of information that you post
on the Service or release to others.
farmflirt.com reserves the right, but has no obligation,
to monitor the materials posted in any area of the Service.
farmflirt.com shall have the right but not the obligation
to remove any such material that violates, or is alleged
to violate, the law or this Agreement. Notwithstanding
this right of farmflirt.com, you remain solely responsible
for the content of the materials you post in any area
of the Service and your private email messages. E-mails
sent between you and other Members that are not readily
accessible to the general public will be treated as
private by farmflirt.com to the extent required by applicable
law and pursuant to the commercially reasonable efforts
of farmflirt.com.
We do not exclude any liability for death or personal
injury due to our negligence.
PROPRIETARY RIGHTS. farmflirt.com owns and retains
other proprietary rights in the Services and the Site.
The Services and the Site contain the copyrighted material,
trademarks and other proprietary information and software
of farmflirt.com and its licensors. In addition, other
Members may post copyrighted information, which has
copyright protection whether or not it is identified
as copyrighted. Except for that information which is
in the public domain or for which you have been given
permission, you will not copy, modify, publish, transmit,
distribute, perform, display or sell any such proprietary
information.
By posting information or content to any area of farmflirt.com,
you automatically grant, and you represent and warrant
that you have the right to grant, to farmflirt.com and
other Members an irrevocable, perpetual, non-exclusive,
fully-paid, worldwide license to use, copy, perform,
display and distribute such information and content
and to prepare derivative works of, or incorporate into
other works, such information and content, and to grant
and authorize sublicenses of the foregoing.
INFORMATION SUPPLIED BY MEMBER. We will respect your
personal information and undertake to comply with all
applicable data protection legislation in Germany other
jurisdictions in which we offer the Service, subject
to the Privacy Policy of farmflirt.com.
The personal information (including sensitive personal
information) you provide to us will be stored on computer.
You consent to us using this information to build up
a profile of interests, preferences and browsing patterns
and to allow you to participate in the farmflirt.com
Service. All Members also agree to uphold and maintain
our Privacy Policy and to the terms and conditions thereof.
You may read a full description of our Privacy Policy
at http://www.farmflirt.com/privacy.htm.
DISCLAIMER OF WARRANTY. FARMFLIRT.COM PROVIDES THE
SERVICE AND THE SITE ON AN "AS IS" BASIS AND
GRANTS NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR
STATUTORY, IN ANY COMMUNICATION WITH FARMFLIRT.COM OR
ITS REPRESENTATIVES, OR OTHERWISE WITH RESPECT TO THE
SERVICE OR THE SITE. FARMFLIRT.COM SPECIFICALLY DISCLAIMS
ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE OR NONINFRINGEMENT. FARMFLIRT.COM
DOES NOT WARRANT THAT YOUR USE OF THE SERVICE OR THE
SITE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE
OR ERROR-FREE, OR WILL MEET YOUR REQUIREMENTS, OR THAT
ANY DEFECTS IN THE SERVICE OR THE SITE WILL BE CORRECTED.
FARMFLIRT.COM DISCLAIMS LIABILITY FOR, AND NO WARRANTY
IS MADE WITH RESPECT TO, TELEPHONE OR OTHER SERVICE,
INCLUDING COVERAGE, RANGE, OR ANY INTERRUPTION IN TELEPHONE
OR OTHER SERVICE.
LIMITATION OF LIABILITY. IN NO EVENT WILL FARMFLIRT.COM
BE LIABLE (i) TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL,
OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF
PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE
OR THE SITE, EVEN IF FARMFLIRT.COM OR ITS AGENTS OR
REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, OR (ii) TO ANY PERSON OTHER THAN YOU.
NOTWITHSTANDING ANY CONTRARY PROVISION HEREIN BUT SUBJECT
TO THE FOREGOING LIMITATION ON LIABILITY, IN ALL EVENTS
FARMFLIRT.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER,
AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL
TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU
TO FARMFLIRT.COM FOR THE SERVICE DURING THE TERM OF
MEMBERSHIP.
In addition, farmflirt.com disclaims all liability,
regardless of the form of action, for the acts or omissions
of other Members or users (including unauthorized users,
or "hackers") of the Service.
Certain jurisdictions limit the applicability of warranty
disclaimers and limitations of liability so the above
disclaimers of warranty and limitations of liability
may not apply to you.
We do not exclude any liability for death or personal
injury due to our negligence.
COPYRIGHT POLICY. We respect the intellectual property
of others, and we ask our Members to do the same. If
you believe that a copy of your work is available on
the Service without your consent or that a copyright
infringement has otherwise occurred, please supply us
with the following information:
· A description of the copyrighted work that
you claim has been infringed;
· Details of where the infringing material is
located on the Site;
· Your address, telephone number and e-mail
address;
· A statement by you that you believe in good
faith that the use of the work on the Site is not authorised
by the copyright owner or any person entitled to act
on their behalf or by law; and
· An affidavit executed by you that the information
you provide concerning the copyright infringed is accurate
and that you are the copyright owner authorised to act
on their behalf.
Please deliver this information to info@farmflirt.com
COMPLAINTS. To resolve a complaint regarding the Service
or the Site, you should contact farmflirt.com Customer
Support at info@farmflirt.com
GENERAL PROVISIONS. This Agreement with you, set out
in these Member Terms and Conditions, is governed by
English law and you and we submit to the non-exclusive
jurisdiction of the English Courts in the event of any
dispute regarding these Terms or the Service or the
Site or any matter related thereto. This Agreement shall
not be governed by the United Nations Convention on
Contracts for the International Sale of Goods, the application
of which is hereby expressly excluded.
This Agreement, accepted by you upon registering for
the Service, contains the entire agreement between you
and farmflirt.com regarding the Service and the Site,
including the farmflirt.com Privacy Policy. In the event
of any conflict between the Privacy Policy and this
Agreement, this Agreement shall control. Unless otherwise
explicitly stated, the Terms will survive termination
of your membership to the Service. This agreement shall
terminate immediately and without notice if you breach
any of the Terms, subject to the survival of all rights
and reservations of farmflirt.com. If any provision
of this Agreement is held invalid, the remainder of
this Agreement shall continue in full force and effect.
The Member certifies that the Member has read and agrees
to be bound by these farmflirt.com Member Terms and
Conditions.
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