REPRESENTATIONS AND WARRANTIES (YOUR PROMISES)
This paragraph is the representations and warranties that you make to Agroknow. In other words, the following are the legally binding promises you make to Agroknow by using the Site and/or Services. You represent and warrant that:
- You will provide true, accurate, and current and complete information about yourself, and you will maintain and promptly update such information in order to keep the information true, accurate, and current and complete.
- You will promptly notify us if you suspect, or are aware of, any unauthorized use of your ID or password, or any other breach of security.
- You will not interfere with any other person’s use and enjoyment of the Site or interfere with or attempt to gain unauthorized access to the Site, Services, the VITIS’ Server or the networks(s) connected to any VITIS’ server, or any accounts, or computer systems, through hacking, password mining, or any other means.
- You will not use the Site or Services in any manner that could damage, disable, overburden, or impair any VITIS’ server, or the networks(s) connected to any VITIS’ server.
- You will not decompile, disassemble, reverse engineer, or otherwise attempt to discover any source code that makes up the Site and/or the Services.
- You will not modify or attempt to modify the Site or any of its components.
- You will not take, or attempt to take, anything not intentionally made available by Agroknow through this Site.
- You will not reproduce, duplicate, copy, sell, resell, exploit, or in any way use any of the Intellectual Property (defined below).
In order to receive certain benefits of our Services and Site, such as the VITIS mobile apps, accessible via Google Play Store, you must register as a VITIS member and execute the registration agreement. After you register and login, you will be able to fill out a detailed profile. Given the possibility of the unlawful interception of information and communications, despite the efforts Agroknow takes to offer a secure environment, Agroknow cannot promise and I should not expect that such information I provide will always remain private or secure. Always use caution when giving out any personally identifiable information about yourself, or any other person.
You agree to use the VITIS mobile apps solely to post proper and appropriate material about viticulture, without limitation, you agree that when using the Site and the Services, you will not:
- Use the Site and/or the Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Defame, harass, abuse, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others.
- Publish, post upload, distribute or disseminate any inappropriate, profane, and defamatory, obscene, indecent or unlawful topic, name, material, or information.
- Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights or have received all necessary consent to do the same.
- You will not post or transmit anything that contains viruses, trojan horses, worms, time bombs, cancelbots, corrupted files, or any of the many similar software or programs that may damage the operation of the Site, or any other person’s property.
- Advertise or offer to sell or buy any goods or services for any purpose, unless permitted by Agroknow.
- Falsify or delete any copyright management information, such as author attributes, legal or other proper notices or proprietary designations or labels of the origin or source contained in an uploaded file.
- Violate any code of conduct or other guidelines, which may be applicable to the Site.
- Harvest or otherwise collect information about others, including email addresses.
- Create a false identity for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
Agroknow reserves the right to review materials posted to the Site and to remove any materials at its sole discretion. Agroknow reserves the right to terminate your access to any or all of the VITIS Services at any time, without notice, for any reason whatsoever. Agroknow reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion.
Agroknow does not control or endorse the content, or information uploaded by the Services to the Site and specifically disclaims any and all liability with regard to any actions resulting from your usage of the Services. Materials uploaded to the Site may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
Before you report a claim of copyright infringement to Agroknow, we encourage you to seek legal assistance in reaching out to the party that has posted the infringing content. Agroknow will remove infringing materials in accordance with the Digital Millennium Copyright Act (DMCA) if properly notified that any content infringes your copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify us at firstname.lastname@example.org.
MATERIALS YOU POST OR DELIVER TO CAMERA BITS
Agroknow does not claim ownership of the materials you post, upload, input or submit to the Site (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Agroknow an irrevocable, royalty-free, world-wide license to use your Submission in connection with the Site and Services, including, without limitation the right to: (i) copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; (ii) publish your name in connection with your Submission; and the right to sublicense such rights to any third-party. No compensation will be paid with respect to the use of your Submissions.
CONTENT AVAILABLE ON THIS SITE
Agroknow allows use of the processed aggregated data, datasheets, and other documents available on the Site, but excluding the design, or layout of the Site (collectively, the “Content”), under a Creative Commons Attribution-ShareAlike 4.0 International License , except for contents and/or aggregates derived from other sources, in which case the original licensing applies.
AGROKNOW MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENTS. THE CONTENTS MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHCAL ERRORS. CHANGES PERIODICALLY OCCUR.
Elements of this Site are protected by copyright, trade dress, trademark, unfair competition, and other applicable laws which prevent the copying or imitation of this Site in whole or in part. No logo, graphic, sound or image from the VITIS website may be copied or retransmitted unless expressly permitted by Agroknow. Other than as expressly provided, Agroknow owns all intellectual property rights, in the trademarks, service marks, logos, graphics, sounds, text, code, and other material and information (the “Intellectual Property”) displayed on or through the Site. Any use, including copying or retransmission, of our Intellectual Property without our prior written consent is strictly prohibited.
LINKS TO THIRD PARTY SITES
The Site may contain links to other websites, services, or resources that aren’t controlled by Agroknow. We do this only for convenience. Agroknow does not endorse or make any representation about any third-party site or anything contained on such sites. If you access any third-party site through a link on this Site, you do so entirely at your own risk. We are not responsible for anything on any linked site, any changes or updates to such linked site, or anything they do, don’t do, or promise.
LINKS FROM THIRD PARTY SITES
You may link to the Site if:
- You do not replicate the home page of the Site.
- You do not create a frame or any other browser or border environment around the Site.
- You do not link to Content on the Site that is made available only to users with a user ID and password.
- You do not use logos or trademarks displayed on the Site.
- You do not link to a website which contains content that is offensive, infringes the intellectual property rights or other rights of others, or violates applicable laws.
DISCLAIMER OF WARRANTIES
THE SITE AND THE SERVICES ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” ON AN “AS AVAILABLE” BASIS, AND WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. AGROKNOW DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF SATISFACTORY QUALITY, NON-INFRINGEMENT, SECURITY, AND ACCURACY. AGROKNOW DOES NOT WARRANT THAT: (A) THE SITE OR SERVICES WILL BE SECURE, UNINTERRUPTED, TIMELY, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED; (B) THE SITE WILL BE FREE OF VIRUSES OR OTHER TECHNOLOGIES THAT CAN DAMAGE ITS USERS; (C) THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS; (D) THE TECHNOLOGICAL INFRASTRUCTURE OF THE SERVICE OR SITE DOES NOT INFRINGE ON THE PROPRIETARY RIGHTS OF OTHERS; (E) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR SERVICES WILL BE ACCURATE OR RELIABLE; OR (F) THERE IS OR SHOULD BE ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF THE SERVICES.
LIMITATION OF LIABILITY
YOUR USE OF THE SITE AND SERVICES ARE AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR, AND HEREBY WAIVE, ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR OTHERWISE OBTAINING INFORMATION THROUGH THE USE OF THE SITE OR SERVICES. AGROKNOW SHALL NOT BE RESPONSIBLE FOR ACTS OR OMISSIONS BY ANY PARTY, INCLUDING BUT NOT LIMITED TO ANY PARTY WHO MIGHT HACK, INVADE, OR OTHERWISE DISRUPT THE SITE OR TAKE INFORMATION, INCLUDING CONTENT YOU PROVIDE, FROM THE SITE OR OTHERWISE. AGROKNOW ATTEMPTS TO ENSURE THAT THE SITE IS AVAILABLE 24 HOURS PER DAY AND THAT SERVICES ARE AVAILABLE AS SPECIFIED UPON REGISTRATION, BUT IT SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES IF THE SITE OR SERVICES ARE UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD OF TIME. ACCESS TO THE SITE OR SERVICES MAY BE SUSPENDED TEMPORARILY AND WITHOUT NOTICE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AGROKNOW OR ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, OR AUTHORIZED REPRESENTATIVES BE LIABLE OR RESPONSIBLE FOR DIRECT, SPECIAL, INDIRECT, INCIDENTAL, COLLATERAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY NATURE WHATSEOEVER, RESULTING FROM OR ARISING OUT OF ANY ASPECT OF THE SITE OR THE SERVICES, USE OR MISUSE OF THE SITE OR THE SERVICED, ANY BREACH OF THIS AGREEMENT OR WARRANTY OR CONDITION, OR UNDER ANY LEGAL THEORY, INCLUDING WITHOUT LIMITATION: (I) INABILITY TO USE THE SITE OR THE SERVICE; (II) THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE OR THE SERVICES; OR (III) ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE RELPACEMENT OF EQUIPMENT AND PROPERTY. YOUR SOLE AND EXCLUSIVE REMEDY AGAINST AGROKNOW OR ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, OR AUTHORIZED REPRESENTATIVES, IS YOUR DISCONTINUATION OF YOUR USE OF THE SERVICES AND SITE, IN LIEU OF ALL OTHER RIGHTS AND REMEDIES. SOME STATES, COUNTRIES, AND/OR PROVINCES DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS, AND CONDITIONS OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
MODIFICATION AND TERMINATION OF SERVICES
RESTRICTIONS ON CLASS ACTION CLAIMS
You agree that any and all disputes, claims, or controversies arising out of or related to the Site and/or the Services (“Disputes”), shall be resolved on an individual basis in a court of competent jurisdiction. There shall be no right or authority for any Disputes to be resolved on a class action basis or in a purported representative capacity on behalf of the general public or other persons or entities similarly situated.
The Site is provided by Agroknow. For any issues or complaints about the Site and/or Services, please contact VITIS via e-mail at email@example.com.