Rules of Conduct
You agree that you may only use the Site for your own personal and commercial purposes. You also agree that you will not do or permit to be done through your account or log-in any of the following:
· violate or infringe the copyrights, rights of privacy or publicity, or any other rights of any person;
· post or submit libelous, defamatory, pornographic, obscene, harassing or otherwise actionable or objectionable material;
· post or transmit unsolicited or unauthorized advertising or promotional material or any junk mail, spam or chain letters;
· use automated scripts, spiders, bots or similar means to harvest or collect member information or other information from the Site; however, you may capture contact data and other information where the Site expressly permits, encourages or requires it;
· use the Site in a manner that could damage, disable or overburden the Site or violate the law;
· provide inaccurate or misleading information when registering as a member;
· impersonate or misrepresent your affiliation with any person or entity; or
· upload or transmit software viruses, worms, Trojan horses or other computer code or files designed to disable, destroy or interfere with any software or equipment.
You acknowledge that Survival Seeds and its licensors own all rights, title and interest in all content on the Site, including but not limited to the Site’s design, text, graphics and files, and their selection and arrangement (the “Content”), and you agree not to modify, copy, distribute, frame, republish, display, post, transmit, or sell the Content, except as may be expressly permitted by Survival Seeds. Basically, we own everything you put up. You may download and print reasonable portions of the Content, solely for your personal, commercial, or professional use provided that you leave intact all copyright notices and identifying information appearing on the original. You may not republish Site Content on any other website or business network or incorporate the information into any database or compilation. Any use of the Content not authorized by Survival Seeds is prohibited.
All trademarks, logos, trade dress and service marks on Site are trademarks of Survival Seeds or its licensors and may not be copied, imitated, or used, in whole or in part, without written permission.
Survival Seeds respects the intellectual property of others. It is Survival Seeds’s policy to respond expeditiously to legitimate claims of copyright and other intellectual property infringement. Survival Seeds will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Survival Seeds may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Survival Seeds will terminate access for subscribers and account holders who are repeat infringers.
Notifying Survival Seeds of Copyright Infringement: To provide Survival Seeds notice of an infringement, you must provide a written communication to the attention of “DMCA Infringement Notification Dept.” at copyright@Survival Seeds that sets forth the information specified by the DMCA. Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright.
View the Step-by-Step DMCA Policy
Providing Survival Seeds with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected content. If you material has been removed and you feel that your material does not constitute infringement, you may provide Survival Seeds with a counter notification by written communication to the attention of “DMCA Counter Notification Dept.” at copyright@Survival Seeds that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/ 92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.
Links and References
This Site may contain links to websites operated by unrelated parties. These links are provided for your convenience and reference only. Survival Seeds does not control these sites and is not responsible for their contents. Our inclusion of these links does not imply any association with these sites or any endorsement or approval of the services, merchandise, materials or contents available from or on these sites.
Survival Seeds is not responsible for any incorrect or inaccurate Content posted on the Site regardless of the cause or source, or for the conduct, online or offline, of any member or other user of the Site. Without limiting the above, Survival Seeds assumes no responsibility for:
· any error, omission, interruption, deletion, defect, delay, communications failure, theft or destruction or unauthorized access to, or alteration of, user or Member postings or communications;
· the accuracy, integrity, completeness, or quality of any information, outputs or Content available from or through the Site; rather, responsibility for verification resides with the user of the information, output or Content.
· problems with telephone lines, computer systems, third party providers, or any technical problems or traffic congestion on the Internet or any website;
· injury or damage to users’, members’ or other persons’ computers or networks resulting from participating or downloading materials in connection with the Site;
Under no circumstances will Survival Seeds be responsible for any loss or damage incurred or resulting from anyone’s use, including your use, of the Site, any Content posted on the Site or communicated to members, or any interactions between users of the Site, online or offline. THE SITE AND CONTENT ARE PROVIDED “AS-IS” AND SURVIVAL SEEDS DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some states limit or prohibit the disclaimers of warranties in certain cases, so this disclaimer may not apply to you.
Limitation on Liability
IN NO EVENT WILL SURVIVAL SEEDS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS AND LOST DATA), OR FOR ANY DAMAGES IN EXCESS OF THE GREATER OR (I) $5000 OR (II) THE MEMBERSHIP FEES PAID BY YOU TO SURVIVAL SEEDS, ARISING FROM YOUR USE OF THE SITE, REGARDLESS OF THE CAUSE (INCLUDING NEGLIGENCE) AND EVEN IF SURVIVAL SEEDS WAS AWARE THAT SUCH DAMAGES MIGHT OCCUR. Some states limit or prohibit the limitation of liability in certain cases, so this limitation may not apply to you.
Governing Law and Venue
If there is any dispute about or involving the Site, you agree that the dispute will be governed by the laws of the State of Utah, as they apply to residents situated within the state. You also agree to the exclusive jurisdiction and venue of the courts of the state and federal courts of Utah, and waive all defenses of lack of personal jurisdiction or that the forum is not convenient, except that Survival Seeds may bring suit against you in any court that has jurisdiction over your person or property. Any cause of action by you with respect to the Site must be instituted within one (1) year after the cause of action arose or be forever waived and barred.