Effective date: February 12, 2013
This agreement is a legally binding contract. It may change as the service changes, and you agree you will review it and any updates regularly.
Binding Agreement. These Terms constitute a binding agreement between you and Mostly Brothers Co and its affiliates and subsidiaries (“Mostly Brothers,” “we,” “us”). “You” and “users” shall mean all visitors to Farmstand. You accept these Terms each time you access Farmstand. If you do not accept these Terms, you must not use Farmstand. If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use Farmstand.
Revisions to Terms. We may revise these Terms at any time by posting an updated version. You should visit this page periodically to review the most current Terms, because you are bound by them. Your continued use of Farmstand after a change to these Terms constitutes your binding acceptance of these Terms.
The terms “post” and “posting” as used in these Terms shall mean the act of submitting, uploading, publishing, displaying, or similar action on Farmstand.
“Farmstand” means any website, mobile application, or Internet service under Mostly Brothers’ control, whether partial or otherwise, in connection with providing the services provided by Mostly Brothers. Farmstand provides an online platform that helps communities discover, share, and connect with locally grown food.
Children. No part of Farmstand is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS Farmstand AT ANY TIME OR IN ANY MANNER.
You are responsible for your log-in credentials and for keeping your information accurate.
You are responsible for any activity resulting from the use of your log-in credentials on Farmstand.
You represent and warrant that the information you provide to the Mostly Brothers upon the licensing of Farmstand and at all other times will be true, accurate, current, and complete.
Your Log-In Credentials. To use Farmstand, you will have log-in information, including a username and password. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of Farmstand and to preserve the confidentiality of your username and password, and any device that you use to access Farmstand.
You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify the Mostly Brothers by e-mail to firstname.lastname@example.org. You will be solely responsible for the losses incurred by the Mostly Brothers and others due to any unauthorized use of your account.
Mostly Brothers may communicate with you by email or posting notice on Farmstand. You may request that we provide notice of security breaches in writing.
You agree to receive email from us at the email address you provided to us for customer service-related purposes.
Electronic Notices. By using Farmstand or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of Farmstand. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on Farmstand or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at email@example.com.
Mostly Brothers owns or has rights to all of the content we make available through Farmstand, but you may use it as you use Farmstand. You cannot use our logo without our written permission.
The contents of Farmstand include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other Mostly Brothers content (collectively, “Mostly Brothers Content”). All Mostly Brothers Content and the compilation (meaning the collection, arrangement, and assembly) of all Mostly Brothers Content are the property of Mostly Brothers or its licensors and are protected under copyright, trademark, and other laws.
License to You. We authorize you, subject to these Terms, to access and use Farmstand and the Mostly Brothers Content solely for the use of Farmstand, at our discretion. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Mostly Brothers Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Mostly Brothers Content on any copy you make of the Mostly Brothers Content.
Mostly Brothers Marks. Mostly Brothers, the Mostly Brothers logo, Farmstand, the Farmstand logo, and other Mostly Brothers logos and product and service names are or may be trademarks of Mostly Brothers (the “Mostly Brothers Marks”). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the Mostly Brothers Marks.
You, or the people who allow you to use their content, own all of the content you post using Farmstand. However, we may use it for any purpose, including in our marketing materials. We may also modify your content to make it work better.
It is very important that you have permission to use other people’s content or they may be able to sue you for violating their legal rights.
Mostly Brothers Claims No Ownership. Farmstand may provide you with the ability to create, post, or share content (“Your User Content”). Mostly Brothers claims no ownership or control over Your User Content. You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of the content you post on or through Farmstand. You are responsible for protecting those rights.
You Acquire No Ownership of Others’ Content. You understand and agree that you will not obtain, as a result of your use of Farmstand, any right, title, or interest in or to such content delivered via Farmstand or in any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets, or other rights) in the content.
Advertisements with Your User Content. The Services may display advertisements and other information adjacent to or included with Your User Content. You are not entitled to any compensation for such advertisements.
You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own the content posted by you on or through Farmstand or otherwise have the right to grant the license set forth in these Terms, (ii) the posting and use of Your User Content on or through Farmstand does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of Your User Content on Farmstand does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of content you post on or through Farmstand. You also acknowledge and agree that Your User Content is non-confidential and non-proprietary.
Farmstand contains content from users and other Mostly Brothers licensors. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through Farmstand.
Tell us if you think a user has violated your copyright using Farmstand, or if you think someone incorrectly reported that you violated his or her copyright.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on Farmstand infringe your copyright, you (or your agent) may send Mostly Brothers a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Mostly Brothers a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to Farmstand should be sent to 10 Jay Street, Suite 606, Brooklyn, NY, 11201 (firstname.lastname@example.org). Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
We appreciate your comments, but if you send us creative ideas, we can use them without compensating you.
We appreciate hearing from our users and welcome your comments regarding Farmstand. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“creative ideas”), we shall:
You are responsible for your actions when using and relying on Farmstand or content available on Farmstand.
We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by users (“User Content”). You accept that any reliance on material posted by other users or third-party service providers will be at your own risk. By using Farmstand you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate.
You are solely responsible for Your User Content on Farmstand. Mostly Brothers does not endorse any, nor is it responsible for, User Content on Farmstand. You assume all risks associated with Your User Content, including anyone’s reliance on its quality, accuracy, or reliability. You may expose yourself to liability if, for example, Your User Content contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation.
Do not do bad things with Farmstand, try to break it, or steal our hard work.
You agree to use Farmstand only for its intended purpose. You must use Farmstand in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of Farmstand are prohibited. You may not:
If you do not act acceptably, we may prohibit your use of Farmstand.
We reserve the right to suspend or terminate your account and prevent access to Farmstand for any reason, at our discretion. We reserve the right to refuse to provide Farmstand to you in the future.
Mostly Brothers may review and remove any User Content at any time for any reason, including activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of Farmstand.
You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of Farmstand.
We are not liable for the actions of users when they use Farmstand. We may also change Farmstand at any time and are not liable for how this may affect you. We do not guarantee the quality or accuracy of any content you view using Farmstand or other websites.
Changes to Farmstand. We may change, suspend, or discontinue any aspect of Farmstand at any time, including hours of operation or availability of Farmstand or any feature, without notice or liability.
User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using Farmstand. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release Mostly Brothers of all claims, demands, and damages in disputes among users of Farmstand. You also agree not to involve us in such disputes. Use caution and common sense when using Farmstand.
Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of Farmstand. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through Farmstand. Use Farmstand at your own risk.
Third-Party Websites. Farmstand may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.
We make no promises and disclaim all liability of specific results from the use of Farmstand.
Released Parties Defined. “Released Parties” include Mostly Brothers and its affiliates, officers, employees, agents, partners, and licensors.
You use Farmstand at your own risk. We make no warranties or guarantees.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF Farmstand IS AT YOUR SOLE RISK, AND Farmstand IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON Farmstand, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) Farmstand WILL MEET YOUR REQUIREMENTS, (ii) Farmstand WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF Farmstand WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON Farmstand WILL MEET YOUR EXPECTATIONS, AND (iv) ANY ERRORS IN Farmstand WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF Farmstand IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
We are not liable for anything that happens to you that somehow may be connected to your use of Farmstand. If you use Farmstand in a way that causes us to be included in litigation, you agree to pay all legal fees and costs for Released Parties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MOSTLY BROTHERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE Farmstand; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF Farmstand; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON Farmstand; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO Farmstand. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH Farmstand OR YOUR USE OF MOSTLY BROTHERS CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any Mostly Brothers Content, or (iii) your breach of these Terms. We shall provide notice to you promptly of any such claim, suit, or proceeding.
These Terms constitute the entire agreement between you and Mostly Brothers concerning your use of Farmstand. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect.
We are located in New York, so all disputes must be resolved there. We will use arbitration to resolve any problems, and you cannot join a class action lawsuit or obtain a jury trial for any disputes you have with us related to your use of Farmstand.
These Terms and the relationship between you and Mostly Brothers shall be governed by the laws of the state of New York without regard to its conflict of law provisions. You and Mostly Brothers agree to submit to the personal and exclusive arbitration of any disputes relating to your use of Farmstand under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in Kings county in the state of New York. You covenant not to sue Mostly Brothers in any other forum.
You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of Farmstand or these Terms:
Contact InformationMostly Brothers Co