USER GUIDE AND CONDUCT
You are solely responsible for your access and use of this website. This website requires registration and sign in as a member, including user name and password, to access certain functions not available to the general public in order to share reviews and comments regarding featured recipes, to save your favorite recipes in your own recipe box, and to submit your original recipe(s) for possible publication on our website if you choose to do so under the terms contained herein. If you are under the age of 13, you are not permitted to register or otherwise become a member.
In accessing and using this website, including password protected and secure areas, you agree you will not do so for any purpose that is unlawful or prohibited under these Terms. As a registered user or member you agree to provide true, accurate and complete information as required and to update such information promptly if it should change. By registering or becoming a member you will have access to some areas of this website not available to non-registered users or non-members. It is your responsibility to maintain the confidentiality of your registration and membership and you are solely responsible for any activity that may occur under your membership account.
This website allows registered users or members to share reviews and comments regarding recipes, to save recipes and to submit original recipes under the terms contained herein. As a registered user or member you agree not to upload, post, share, distribute, e-mail or otherwise transmit any material that may be considered unlawful, harmful, indecent, inflammatory, hateful or otherwise objectionable in any way, or that may contain computer viruses or other malware, including spam or junk mail, or that may interfere or adversely affect the ability of other users to enjoy our website, or that infringes on any third party’s copyright, trademark, or other intellectual property rights, or that could subject us to any penalty or liability. We maintain and reserve the right at our sole discretion to terminate your access to this website at any time and to remove and discard any submitted materials of any kind.
MATERIALS SUBMITTED (USER SUBMITTED CONTENT)
As a registered user or Member, you may review and share your comments regarding featured recipes, save your favorite recipes to your own Recipe Box, and submit an original recipe or recipes for possible publication on our website subject to the terms contained herein. By submitting, disclosing, offering or providing any recipe, photo, image, video, review, comment, suggestion, or other information or content to us in any form, whether solicited or unsolicited, including to or through our websites, you simultaneously represent such material is original to you and automatically grant to us and our affiliates, including our partners, sponsors, subsidiaries, agents, and service providers, an irrevocable, unconditional, nonexclusive, perpetual, unrestricted, fully transferable, assignable, sublicensable, world-wide royalty-free right and license to use, adapt, edit, modify, copy, reproduce, record, publish, post, display, store, transmit, stream, broadcast, publicly perform, create derivative works of, license, sell, transfer, lease, sublicense, incorporate in other works, and distribute for any purpose including advertising and promotion as well as to commercially or non-commercially exploit such submitted materials and all rights therein and in any manner, medium or through use of technology, existing now or hereafter, and as we in our sole discretion see fit and for any purpose, and to authorize others to do so, without compensation of any kind to you or any third party. You agree that this license also includes the right for other users of this website to access, view, download and print for personal use any content submitted, such as recipes and images, that may be published and displayed in accordance with these terms.
With regard to any and all submitted materials you hereby represent and warrant (1) you have all necessary right, power, and authority to grant said license set forth herein and (2) your submitted material does not violate, misappropriate, or infringe any copyright, trade secret, trademark or other intellectual property right of any third party. You also agree to take any further action reasonably requested to effect, perfect, and confirm the license granted to us and our affiliates as necessary to ensure its continued use under these terms.
We shall be under no obligation to publish or use any submitted material. If your submitted material is published, used and/or posted on this website or otherwise used by Farmers Market of America (or our affiliates), we may include your name, likeness, photo, or biographical information as provided. By submitting, offering or providing any materials you hereby grant us and our affiliates the right to do so in connection with the use of such material. Recipes and images submitted must be submitted through our website using the form provided in accordance with all terms and requirements, and include your name and e-mail address. This will allow us to contact you if we have any questions. Your e-mail address will not be published. Recipes and materials submitted are subject to review and any decision to publish or use such materials in any way, including as described herein, shall be at our sole discretion. In addition, the granted rights to such materials shall include, but not be limited to, the right to edit, modify, adapt or remove such content.
COPYRIGHT AND TRADEMARKS
This website and its contents, logo, graphics, and designs are subject to trademark, copyright and other intellectual property protection. The names of featured farmer owned companies and their logos, service marks, trademarks, products and brand identities displayed or included on this website are the property of their respective owners and used with their permission or license and are also subject to copyright, trademark and other intellectual property protection. If you are the owner of intellectual property that you believe has been improperly displayed or posted by this site, please notify us by U.S. Mail to: Farmers Market of America LLC, 1350 Beverly Road, Box 223, McLean, VA 22101.
DISCLAIMER AND LIMITATION OF LIABILITY
This website, including all content or information available on it, is provided “as is” or “as available” with no representations or warranties of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose or non-infringement. You also agree that your use of this website and/or its content is at your sole risk. Neither Farmers Market of America and its affiliates, nor their officers, directors, employees, or agents, nor any other party involved in creating, producing, or delivering this website, is liable for any direct, indirect, incidental, consequential, or punitive damages or losses as a result of your access to or use of this website or any services (or in any case inability to access or use this website or any services) whether based on warranty, contract, tort or negligence. You assume total responsibility and risk for your use of this website or any of our websites. We do not guarantee our website or websites to be available at all times, free of any errors, viruses or other harmful components, or to be secure.
LINKS AND THIRD PARTY WEBSITES
This website includes links to other websites owned or operated by third parties with access to content, including but not limited to, products, recipes, merchandise, contests, coupons, and online shopping. We encourage you to review their terms and conditions. We make no representation or guarantee and accept no responsibility for such third party websites or their content, operation, performance, merchandise, coupons, offers or any commercial transactions or fulfillment. You are solely responsible for any risks associated with your access and use of such websites, including any commercial transactions. Therefore, we urge you to use good judgement and to be sure to read all terms and policies when accessing any third party website.
You agree to defend, indemnify and hold harmless Farmers Market of America and its affiliates, and all of their officers, directors, employees, or agents, and any other party involved in creating, producing, or delivering this website from and against any and all claims, damages or costs (including attorneys’ fees) resulting from or relating to your use of this website, services, software, content, or any materials you may submit, including but not limited to any claim by a third party that any submitted material violates or infringes on such third party’s interests or rights.
RESOLUTION OF DISPUTES
Prior to any action or complaint that relates to this website or another of our websites as the case may be you agree not to take any legal action against us without first sending us written notice by registered mail with a detailed description of all facts and law and to negotiate with us in good faith for not less than 60 days to resolve such dispute. Such correspondence should be sent to: Farmers Market of America LLC, 1350 Beverly Road, Box 223, McLean, VA 22101.
AGREEMENT AND CHOICE OF LAW
This agreement and terms shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these terms shall be filed only in the state or federal courts in and for Fairfax County located in the Commonwealth of Virginia and further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any claim or action. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect as nearly as possible the original intentions of the parties and the remaining portions shall remain in full force and effect.