FUTURE FARM WEBSITE TERMS & CONDITIONS
Last updated: May 18th, 2022
These Terms & Conditions (the “Terms”) govern the relationship between Future Farm LLC, 730 Arizona Ave, #305A, CA, Santa Monica 90401, USA(hereinafter, “Future Farm,” “us,” or “we”) and you regarding your use of the website at www.futurefarm.io (“Website”).The Website is owned and operated by Future Farm.
IMPORTANT – PLEASE READ CAREFULLY – THESE TERMS CREATE A LEGALLY BINDING AGREEMENT WHICH GOVERNS YOUR USE OF THE WEBSITE.BY ACCESSING OR USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND, WITHOUT LIMITATION OR QUALIFICATION, BY THESE TERMS.IF YOU DO NOT ACCEPT ANY OF THESE TERMS, YOU ARE PROHIBITED FROM USING THE WEBSITE.
Basic Rules and Rights We Are Granting.
License Grant: Subject to your agreement and continuing compliance with these Terms and any other relevant Future Farm policies, Future Farm grants you a non-exclusive, non-transferable, revocable limited right and license to access and use the Website.
Minimum Age Requirement For Users Who Are Individuals: If a User is an individual, a User may only use the Website if such User is at least 13 years of age.If you are under the age of 18, you represent that you have received permission from a parent or guardian to enter into these Terms.
Accounts and Access: You may register for an account through the Website (an “Account”) that will let you access certain features through the Website.You may register for only one Account.An “Account Holder” means the person or entity in whose name an Account is registered.We may facilitate your registration for an Account by using or accessing your information provided in connection with your social media account and you give us permission to use and access such information in order to create an Account for you.
- Use of the Website: The following restrictions apply to the use of the Website:
- You shall not engage in any act that Future Farm deems to be in conflict with the spirit or intent of the Website, including but not limited to circumventing or manipulating these Terms;
- You may not use the Website in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;
- You accept full responsibility for any unauthorized use of the Website by individuals or entities not authorized to use the Website on your behalf.
- You shall not use the Website to advertise, solicit or transmit any chain letters, junk email or repetitive messages to anyone;
- You shall not use the Website to engage in any illegal conduct;
- You shall not reproduce, distribute or publicly display any content you access through the Website unless such content is clearly marked as “public” and you have been given the right to view such content; and
- You shall not do anything with any content you access through the Website that has been marked with restrictions or other instructions that is counter to such restrictions or other instructions.
License Limitations and Prohibitions.
General Effects of Violations. Any use of the Website in violation of these Terms is strictly prohibited, can result in the immediate revocation of your limited license granted by Section 1, and may subject you to liability for violations of law.
Policies. You acknowledge that Future Farm may have in place policies, that supplement or in addition to these Terms, regarding use of the Website available at www.futurefarm.io/policies and that you agree to abide by such policies and that such policies are in addition to any obligations you have under this Agreement.
Activity Prohibitions Regarding Use of Website. You agree that you will not, under any circumstances do or assist in facilitating any of the following activities:
- Modify or cause to be modified any files or content that are used to offer the Website, without the express prior written consent of Future Farm;
- Disrupt, overburden, or aid or assist in the disruption or overburdening of (1) any computer or server used to offer or support the Website (each a “Server”) or (2) the use or enjoyment of the Website by any other person;
- Institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of Website attacks upon the Website, or other attempts to disrupt the Website or any other person’s use or enjoyment of the Website;
- Gain, or attempt to gain, unauthorized access to the Website, servers or networks connected to the Website by any means (including, but not limited to, circumventing or modifying, or encouraging or assisting any other person to circumvent or modify, any security, technology, device or software that is part of the Website);
- Post any content that is abusive, threatening, incites or promotes terrorism, promotes the production or use of weapons that cause substantial harm, obscene, defamatory, libelous or racially, sexually, religiously or otherwise objectionable or offensive;
- Post any content that contains what we reasonably deem to be excessive violence or offensive subject matter or that contains a link to such content;
- Harass, abuse, harm, bully, intimidate or advocate, threaten or incite harassment, bullying, intimidation, abuse or harm of another person or group of persons, including Future Farm employees or customer representatives;
- Post, distribute or make available through the Website any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity or other right of any person or entity or impersonates any other person;
- Transmit unauthorized communications through the Website, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items;
- Interfere or attempt to interfere with the proper functioning of the Website or connect to or use the Website in any way not expressly permitted by these Terms;
- Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a Server or the Website, whether through the use of a network analyzer, packet sniffer or other device;
- Make any automated use of the Website or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure, as we determine in our sole discretion;
- Bypass any robot exclusion headers or other measures we take to restrict access to the Website or use any software, technology or device to send content or messages, scrape, spider or crawl the Website, or harvest or manipulate data from, through, or relating to the Website;
- Use, facilitate, create or maintain any unauthorized connection to the Website, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate, any part of the Website or (2) any connection using programs,tools or software not expressly approved in writing by Future Farm;
- Solicit or attempt to solicit personal information from Other Users;
- Collect, harvest or post anyone’s private information, including personally identifiable information (whether in text, image, video, or other form), identification documents or financial information through the Website; or
- Upload or transmit (or attempt to upload or to transmit), without Future Farm’ express written permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation clear graphics interchange formats (“gifs”), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”).
Suspension and Termination of Access to Website:
FAILURE TO COMPLY. WITHOUT LIMITING ANY OTHER REMEDIES, WE MAY, WITH OR WITHOUT NOTICE TO YOU, LIMIT, SUSPEND, TERMINATE, MODIFY OR DELETE YOUR ACCESS TO THE WEBSITE OR PORTIONS THEREOF IF, IN OUR SOLE DISCRETION, YOU FAIL TO COMPLY WITH ANY OF THESE TERMS, YOUR RIGHTS TO USE WEBSITE ARE EXPIRED OR BECOME TERMINATED OR YOU USE THE WEBSITE FOR ACTUAL OR SUSPECTED ILLEGAL ACTIVITY OR IMPROPER USE.FUTURE FARM SHALL BE UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY LOSSES OR ADVERSE RESULTS THAT ARE DUE TO THE SUSPENSION, TERMINATION, MODIFICATION, OR DELETION OF YOUR ACCESS TO WEBSITE.
IP INFRINGEMENT. WITHOUT LIMITING ANY OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE ACCESS TO ANY OF OUR WEBSITE, OR REMOVE ANY CONTENT AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT YOU FROM ACCESSING THE WEBSITE IF WE BELIEVE THAT SUCH USE IS CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES.
REPEAT INFRINGERS. IN APPROPRIATE CIRCUMSTANCES IT IS OUR POLICY TO SUSPEND OR TERMINATE RIGHTS OF WEBSITE USERS WHO ARE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
Right to Cease Website. Future Farm reserves the right to stop offering the Website or part of the Website at any time if Future Farm believes that the continued offering of the Website or part of the Website will or may cause harm to Future Farm or you or may result in any violation of applicable law by either Future Farm or you.If Future Farm elects to stop offering and/or support the Website or part of the Website, the license granted hereunder to you to use the Website or a part thereof will automatically terminate.
Intellectual Property Ownership in the Website. The Website, and all of its related components and contents, (including without limitation, any computer code, template content, pre-populated content, concepts, artwork, animations, sounds, musical compositions, audio-visual effects and text contained within) is owned by Future Farm or its licensors, and all of which material is protected by United States and international patent, copyright, trademark, trade secret, and other intellectual property laws.You agree not to engage in any reverse engineering, de-compiling or other activities designed to view the source code for the Website and are prohibited from reverse engineering, de-compiling or otherwise engaging in activities designed to view the source code for the Website.
Your Content and Communications.
Posted Content: “Posted Content” means any communications, videos, images, sounds, and all the material, text, drawings, writings, data, and information that you upload, post, publish or transmit through the Website.We may take actions based upon Posted Content including instructions provided within Posted Content but we may also take actions to verify with you that such instructions were truly your intent or to clarify such instructions.You acknowledge that we may reach out to you at anytime regarding any Posted Content before we take action and that you will not assume that any actions were taken by us based upon any Posted Content unless you receive confirmation that such actions are being taken by us.
Obligations Regarding Content: By transmitting or submitting any Posted Content while using the Website, you affirm, represent and warrant that such transmission or submission (a) is accurate and not confidential; (b) not in violation of any applicable law, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the Posted Content; (c) along with the exercise of the rights by Future Farm granted in Section 2.2, will not result in any infringement of the intellectual property rights of any third party or violate or misappropriate any rights of publicity or privacy for any third party; and (d) is free of viruses, adware, spyware, worms or other malicious code.You further represent and warrant that you have all rights necessary to transmit Posted Content to Future Farm and to grant the rights in Posted Content granted to Future Farm under these Terms.
- Consent to Monitoring. By entering into these Terms, you hereby provide your irrevocable consent to our monitoring and recording of your use of the Website.You acknowledge and agree that you have no expectation of privacy concerning the transmission of any information, including without limitation chat, text or voice communications.
- Options Regarding Content. Future Farm may reject, refuse to post or delete any content you submit for use or processing by or through the Website for any or no reason, including, but not limited to for the reason, in the sole judgment of Future Farm, that such content or the posting of any particular content violates these Terms.
The Website may allow you to enroll in our loyalty program if you meet certain criteria.
Notices and Application Security.
Third Party Notices: We may be required to provide you with certain notices and content in connection with your use of the Application.You agree that we may provide you with such notices and content by either emailing you such notices to the email address that we have on file for you or by providing you with a link to a website where such notices and content will be posted.
Deletion of Certain Content: Information provided by Future Farm through the Website may be deleted from the Website after a set time period and you may not be able to view such information after deletion.
Third Party Advertising.
Links to Third Party Sites and Dealings with Advertisers: Future Farm may provide links on the Website to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving a benefit.Any charges or obligations you incur in your dealings with these third parties are your responsibility.Future Farm makes no representation or warranty regarding any content, goods, or Websites provided by any third party even if linked from our Website, and we will not be liable for any claim relating to any third party content, goods, or Websites.The linked sites are not under the control of Future Farm and may collect data or solicit personal information from you.Future Farm is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect.Further, the inclusion of any link does not imply endorsement by Future Farm of these linked sites.
Seeking to Take Down Infringing Content.
It is Future Farm’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (the “DMCA”). For more information, please go to Future Farm’s “Copyright Page” to review our DMCA procedures.Future Farm reserves the right to terminate without notice any user’s access to the Website if that user is determined by Future Farm to be a “repeat infringer.”In addition, Future Farm accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
Updates to the Website.
You understand that the Website undergoes frequent changes. Future Farm may require that you accept updates to the Website in order to continue using the Website. You acknowledge and agree that Future Farm may update the Website without notifying you.
Disclaimer; Limitations; Waivers on Liability; Indemnification.
Disclaimer of Warranties: WEBSITE PROVIDED “AS IS”.YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD THE SHORTER OF THIRTY (30) CALENDAR DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED).
NO WARRANTY OF ERROR-FREE OPERATION.WITHOUT LIMITING THE FOREGOING, NEITHER FUTURE FARM NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “FUTURE FARM PARTIES”) WARRANT THAT THE WEBSITE WILL HAVE CONTINUOUS ACCESS, THAT AVAILABILITY WILL BE UNINTERRUPTED OR THE WEBSITE WILL BE ERROR-FREE.
Limitations; Waivers of Liability: DISCLAIMER OF INDIRECT DAMAGES.YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE WEBSITE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE FUTURE FARM PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE WEBSITE.
NOT RESPONSIBLE FOR THIRD PARTY CONDUCT.YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE FUTURE FARM PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE FUTURE FARM PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE WEBSITE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE WEBSITE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
DISCLAIMER MAY NOT BE APPLICABLE.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES.THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU.
Indemnification: You agree to defend, indemnify, save, and hold the Future Farm Parties harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Website, any violation by you of these Terms or any breach of the representations, warranties and covenants made by you herein.Future Farm reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Future Farm and you agree to cooperate with Future Farm’ defense of these claims.Future Farm will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.You agree that the provisions in this paragraph will survive any termination ofrights to access the Website.
Assignment. Future Farm may assign any of its rights or delegate any of its obligations under these Terms, in whole or in part, to any person or entity at any time without your consent.You may not assign or delegate any rights or obligations under the Terms without the prior written consent of Future Farm; any purported assignment or delegation in violation of this Section 9.3 is void.
Supplemental Policies. Future Farm may publish additional policies related to specific Websites such as forums, contests, loyalty programs and other features and Websites.You acknowledge that we may email such additional policies to you at the email address you have provided us for use in conjunction with the Website and that you will regularly check such email.Your use, if any, of such Websites is subject to such specific policies and these Terms.
Future Farm LLC
730 Arizona Ave, #305A
CA, Santa Monica 90401
Attn: Notices Administrator
Equitable Remedies. You acknowledge that the rights granted and obligations made under these Terms to Future Farm are of a unique and irreplaceable nature, the loss of which shall irreparably harm Future Farm and which cannot be replaced by monetary damages alone, so that Future Farm shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Website, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Website or any content or other material used or displayed through the Website.
Force Majeure. Future Farm shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Future Farm, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Future Farm’ control, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, shortages of transportation facilities, fuel, energy, labor or materials.