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Terms & Conditions of Use Agreement


Please read this “Terms and Conditions of Use Agreement" before accessing website.


Effective Date:  Terms and Conditions of Use Agreement was last updated on 08/14/2018.


This Terms and Conditions of Use Agreement sets forth the standards of use of the PA Dutch Farmers Market of Wyomissing - www.NameTheCow.com website. By using the PA Dutch Farmers Market of Wyomissing - www.NameTheCow.com website (hereinafter referred to as “We, Us, and/or Our"), all Visitors, Customers, and/or Members (hereinafter referred to as “You”) agree to these terms and conditions of use. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice.  Modifications shall become effective immediately upon being posted at our website.  Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.


Special Notice


Under the special notice section, you the member agree not to post any photos, or any other submitted material that may reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy.


You assume any and all personal/family/other risks associated with participating in the Name The Cow Promotion.


We ask that you do not mount, ride, stand, sit on, or assume any elevated position involving what may simply be considered as "being on" the Cow.


To prevent any damage to the Cow, we ask that you do not tape, mount, attach, or use any other permanent/semi permanent way of displaying any accessories used in producing your photo for the contest.


You acknowledge that by participating in the Name the Cow Promotion, and by taking/submitting/uploading photos you give full permissions for your photo to be used under Public Domain. You may not claim any Copyright to any photos submitted for the Name the Cow Promotion, and by registering and/or using our website, you hereby give a full, non-revocable photo release for all persons included in your photo(s).


Description of Service


We provide Members with free Photo Sharing Services.  Member must provide (1)  all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees related with such connection.


Disclaimer of Warranties


The site is provided by us on an “as is” and on an “as available” basis.  To the fullest extent permitted by applicable law, we make no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise.  We shall have no liability for any interruptions in the use of this Website. We disclaim all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.  Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.


Limitation of Liability


We shall not be liable for any damages whatsoever, and in particular, we shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if we have been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.


Indemnification


Member agrees to indemnify and hold us, our parents, subsidiaries, affiliates, officers and employees, including those of Noble Group USA harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service or participation in the Name the Cow Promotion, the violation of this Agreement, or infringement by Member and/or other Members, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.


Modifications and Interruption to Service


Member acknowledges and accepts that we do not guarantee continuous, uninterrupted, or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control. Our web site does reside on secure servers, and we do use a secure (ssl) connection for any transactions involving registration on our website.


Third-Party Sites


Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties.  You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site.  You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites.  Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.


Disclaimer Regarding Accuracy of Vendor Information


Product specifications and/or other information have either been provided by the Vendors or collected from publicly available sources.  While we make every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website. We make no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.


Governing Jurisdiction of the Courts of Pennsylvania


Our website is operated and provided in the State of PA.  As such, we are subject to the laws of the State of PA, and such laws will govern this Terms of Use, without giving effect to any choice of law rules.  We make no representation that our website or other services are appropriate, legal or available for use in other locations.  Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of PA.


Compliance with Laws


Member assumes all knowledge of applicable law and is responsible for compliance with any such laws.  Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.


Copyright and Trademark Information


All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is © PA Dutch Farmers Market of Wyomissing / www.FarmersMarketofWyomissing.com / www.NameTheCow.com, with all rights reserved, or is the property of us and/or third parties protected by intellectual property rights.  Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of PA Dutch Farmers Market of Wyomissing is strictly prohibited.


Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of PA Dutch Farmers Market of Wyomissing.


Our trademarks may not be used in connection with any product or service that is not provided by us, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.


All other trademarks displayed on our website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors.  In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with us.


Notification of Claimed Copyright Infringement


Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, we designate the following individual as our agent for receipt of notifications of claimed copyright infringement.


By Mail


Noble Group USA

Name the Cow Promotion

Attn: Dale O. Longenecker Jr. - DMCA

P.O. Box 6884

Wyomissing, PA 19610-2902


By Telephone: (610) 621-2809


By Email: wmaster@farmersmarketofwyomissing.com


Botnets


We retain the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, We reserve the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.


Other Terms


If any provision of this Terms and Conditions of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.  You agree that this Terms and Conditions of Use Agreement and any other agreements referenced herein may be assigned by us, at our sole discretion, to a third party in the event of a merger or acquisition.  This Terms and Conditions of Use Agreement shall apply in addition to, and shall not be superseded by, any other written or electronically posted agreement between us in relation to your participation as a Member.  Member agrees that by accepting this Terms and Conditions of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.




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