Terms and Conditions
1. Introduction
The Local Farm Guide allows consumers to locate on-farm markets, farmers’ markets, CSA’s, food hubs and other sources of local agricultural products. The directory is a free tool and service that allows you to list and market your local food establishments.
Your use of the Service, and our provision of the Service to you, constitutes an agreement by you and the Local Farm Guide to be bound by the terms and conditions in these Terms of Service.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY REGISTERING FOR OR OTHERWISE USING THE SERVICE, YOU ARE TELLING US THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.
2. Definitions
- a. Parties. “You” and “your” refer to you, as a user of the Service. A “user” is someone who accesses or in any way uses the Service. “We,” “us,” and “our” refer to the Local Farm Guide.
- b. Content. “Content” means text, images, location, and all other forms of data or communication. “Your Content” means Content that you submit or transmit to, through the Service, such as contact information, photos, events, operation/schedule times, product and produce availability, payment methods, business location, activities, services and information that you contribute to your user profile or suggest for your business listing. “User Content” means Content that users submit through the Service.
- c. Service and Account. “Service” refers to the Local Farm Guide website used as an online service provider, which includes creating a listing for your business(es). “Account” means the account you create to access or use the Service.
3. Changes to the Terms
We have the right to change the Terms at any moment. You acknowledge and agree that your use of the Service is covered by the Terms in effect at the time you use the Service. If we make substantial changes to these Terms, we will notify you through email, a notice on the Service, and/or another manner prior to the changes’ effective date. You should review these Terms on a frequent basis since any changes will be binding to you. You acknowledge and agree that continuing to access or use the Service after the effective date of changes to the Terms implies your acceptance of such changes.
4. Using the Service
4.1 Eligibility
To access our Services, you must have legal competence to enter into a binding agreement and must not have been previously prohibited from using the Local Farm Guide in accordance with these terms and conditions. To use this Service, you must warrant that your business and operation constitutes a local food retail and/or agriculture-related market operation.
4.2 Registration and Account Use
When you use this service to list your business in the directory, you must first create and register an account. By creating an account on the Service, you have access to complete a form that will have information published online for the general public to utilize for findings about your business and its products and services. Some of the information we need will be kept private in order to set up the account and protect your business. We ask that you provide us with certain personal information as part of the registration process, some of which are necessary in order to create the account. In registering, you guarantee that all the information you submit is correct and that you will keep it correct and up-to-date. In order to ensure the security of your account, we also require you to enter a password. You are responsible for keeping your password secure and private. Any action that occurs under your account is strictly your responsibility. If ever you think that your account may no longer be secure, you need to notify us immediately at localfarmguide.com/contact-us. You can also reset your password via Reset Password.
5. User Content
You grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to host, store, transfer, display, adapt, perform, reproduce, modify, translate, and distribute your User Content (in whole or in part) in any media format (now known or hereafter developed).
We may use Your Content in a variety of ways, including publicly displaying it, reformatting it, integrating it into other works, or creating derivative works from it. You can contact us at any moment to request that your material not be used.
You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any Content that you submit, post or display on or through the Services. You agree that such Content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant the Local Farm Guide the license described above.
6. Privacy Policy
The Local Farm Guide’s Privacy Policy (localfarmguide.com/privacy-policy) explains how we handle the information you provide us while using our Service. You acknowledge that by using the Service, you consent to the collection and use (as described in the Privacy Policy) of the following information: when you browse through the Local Farm Guide website, read pages, or download information, we may gather and store certain information about your visit automatically. We may use technologies to gauge your browsing habits or web surfing history to improve the information presented to you.
7. Digital Millennium Copyright Act
We comply with the parts of the Digital Millennium Copyright Act that are applicable to internet service providers (17 U.S.C. §512, as amended). You are exclusively responsible for the user content and for any consequences resulting from your uploading of the user content on the Local Farm Guide. You acknowledge and agree to these terms every time you upload an image:
a. You are the author and owner of the user content, or you have obtained all the rights from other people or companies to use and grant permission to upload.
b. Your image (as used by you or us) does not and will not infringe or misappropriate any third-party right, such as copyright and other intellectual property rights, privacy rights, rights of publicity, or moral rights, or slander or defame anybody.
The Local Food Guide respects the intellectual property rights of others. Anyone who feels their image has been replicated in a way that violates their copyright may contact us and provide the following information:
a. Identification of the copyrighted image that they believe has been infringed, or a representative list of such works at the site if numerous copyrighted images at a single internet site are covered by a single report.
b. Identification of the content they believe is infringing and must be deleted, including a description of where it may be found so that the copyright agent may find it.
c. A declaration that the information given in a. and b. is correct; that you reasonably believe that the indicated use of the content is not authorized by the owner of the copyright or the law and that, in the present case, you are the copyright owner or are entitled to act on behalf of the copyright owner
d. Their address, telephone number, and, if available, e-mail address, so that our designated agent may contact you about your complaint.
7.1 Take Down Procedure
Once we receive proper notice of a copyright infringement, we will forward the notice to the user who allegedly posted the infringing image, act quickly to delete or disable access to the user’s content, then give notice to that user that the image has been disabled or removed from the website. Please note that there may be repercussions for making false allegations.
If you believe a notice of copyright infringement has been issued incorrectly against you, you may file a counter notification with us.
7.2 Repeat Infringement Policy
For any users that repeatedly violate the aforementioned terms and conditions, there are the following consequences. It is our policy, in appropriate circumstances, to effectively terminate the accounts of users who qualify as repeat infringers. In order to qualify as a repeat infringer, users must be charged at least twice with instances of infringement.
The Local Farm Guide is not obligated, nor is it our policy, to conduct a comprehensive or exorbitant investigation when users are charged with infringement.
Our internal regulations for determining a repeat infringer will follow this set of guidelines:
a. In circumstances of infringement whether blatant or obvious, debatable or clear, we will use good-faith circumstances to determine whether the infringer was acting knowingly.
b. We will also use their past lawful or unlawful posts to determine whether they are a repeat infringer.
c. If the user has filed counter-notices and their outcomes.
d. If the user’s explanation is deemed credible by us or not.
8. Termination
You may terminate the Terms at any time by discontinuing usage of the Site and deleting your account from the directory. We reserve the right to suspend or terminate your access to the Services in whole or in part if we believe you have breached these Terms and Conditions or any other relevant terms, guidelines, or policies.
If you delete your account, your contact information and other correspondence will also be permanently deleted. The information you have contributed to this website (e.g., listings) will not be deleted, but it won’t be linked to you (even if you re-create your account in the future).
