Last revised September 14, 2011
Please read these Terms and Conditions of Use carefully before using this Recirculating Farms Coalition website (“this site,” “our site”, “the site”).
By using this site, you, the User, are accepting these Terms and Conditions of Use (“Terms and Conditions”). If you do not agree to these Terms and Conditions, please do not use our site. The Recirculating Farms Coalition reserves the right at our sole discretion to modify or amend these Terms and Conditions periodically, at any time, without notice. If you continue to use our site after we post changes to these Terms and Conditions, this will be explicit acceptance of those changes.
If you are under 18 years of age, do not use this site unless you are an emancipated minor or have legal parental or guardian consent to accept these Terms and Conditions, and are fully able to abide by them. The Recirculating Farms Coalition does not knowingly collect information from children. If you are under 13, please do not use this site without parental or guardian consent and supervision, nor submit any personally identifiable information to the Recirculating Farms Coalition on this site.
Use of Materials on this Site
The Recirculating Farms Coalition maintains this site for informational purposes, education, and communication. Except for User Submissions (see below), all materials on our site, including but not limited to artwork, photographs, graphics, audio clips, video clips, text and trademarks (collectively, “Materials”), are the property of the Recirculating Farms Coalition or its licensors. The exclusive rights to all Materials on this site are protected by U.S. and international laws of copyright, trademark and unfair competition.
It is part of the Recirculating Farms Coalition’s mission to encourage public discussion and activism regarding recirculating farms and related matters. Accordingly, unless particular Materials are specifically restricted as noted on the web page, it is the Recirculating Farms Coalition’s policy to allow limited reproduction and distribution of the Materials posted on our site as follows: You may copy, reproduce and distribute content from this site provided that: (1) the piece is reproduced in its entirety, in its original form; you may not edit or otherwise change the substance of the content, or change or delete any copyright, trademark and other proprietary notices; (2) all copies include a statement that the Material was reproduced from the Recirculating Farms Coalition’s website with permission of the Recirculating Farms Coalition; (3) all copies include the following notice “© 2011 Recirculating Farms Coalition. All Rights Reserved, unless expressly stated otherwise.”; (4) the copies are distributed only for the non-commercial educational or public policy purposes of promoting recirculating farms, in accord with our Guiding Principles; and (5) the copies are distributed at no charge. Provided you comply with all of the above conditions, the Recirculating Farms Coalition grants you a non- exclusive, nontransferable license to use the Materials on our site.
Other than as specifically described above, you may not copy, reproduce, distribute, modify, display, prepare derivative works based on, republish, transmit, repost or otherwise use the Materials on our site, without prior written authorization from the Recirculating Farms Coalition. To request such permission, send an email to [email protected].
The Recirculating Farms Coalition, its logo, and all other names of Recirculating Farms Coalition programs referenced herein are registered or common law trademarks of the Recirculating Farms Coalition. In no event may these trademarks be reproduced separately from the textual content associated with them on the site. Please be on notice that unauthorized use of any trademark, service mark or logo may be a violation of federal and state law.
Registration Obligations
Each Recirculating Farms Coalition site User who uses a registration form or takes an action through the website must, when requested: (1) personally provide true, accurate, current and complete information on any of the Recirculating Farms Coalition’s site registration forms (collectively, the “Registration Data”) and (2) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete. If, after investigation, the Recirculating Farms Coalition has reasonable grounds to suspect that any User’s information is untrue, inaccurate, not current or incomplete, the Recirculating Farms Coalition may suspend or terminate that User’s account and prohibit any and all current or future use of our site (or any portion thereof) by that User other than as expressly provided herein.
Your User Submissions to this Site
You may submit information, text, photographs, graphics, videos, or other material (collectively, “User Submissions”) to this site.
The Recirculating Farms Coalition does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and the Recirculating Farms Coalition expressly disclaims any and all liability in connection with User Submissions.
Users should be aware that your User Submissions are public, not private communications. When you voluntarily disclose personal information through your User Submissions, that information can be collected and used by others and may result in unsolicited messages from other people.
You agree that your User Submissions will comply with our Community Guidelines, below.
By submitting User Submissions to this site, you hereby grant the Recirculating Farms Coalition an irrevocable, non-exclusive, worldwide, royalty-free license to reproduce, use, copy, sell, distribute, create derivative works from, publicly display, or publicly perform the User Submission (or any portion thereof) in perpetuity, and the Recirculating Farms Coalition may sublicense all or part of its rights under this license or assign them to third parties.
By submitting User Submissions to this site, you represent and warrant that the User Submissions is your original work, that the User Submissions do not violate any agreement between you and a third party, and that the User Submissions shall not infringe upon or violate any law, agreement or other rights of any kind, of any third party, without limitation, rights affecting copyright, patent, trademark, unfair competition, contract, defamation, privacy or publicity. You agree that you will, at your own expense, defend, indemnify, and hold harmless the Recirculating Farms Coalition and its affiliated and related entities, licensees, successors and assigns, employees, officers and directors, representatives, contractors and agents from all claims, losses, damages and expenses of any kind (including, without limitation, attorneys’ fees and disbursements) arising out of or in connection with a breach or alleged breach by you of your obligations or warranties herein.
The Recirculating Farms Coalition may refuse or remove any User Submissions that, in its sole judgment, violate these Terms and Conditions. The Recirculating Farms Coalition has the right, but not the obligation, to monitor this site for inappropriate content. You are solely responsible for any User Submissions you post on this site.
Termination of Use
The Recirculating Farms Coalition may terminate a User’s account in the Recirculating Farms Coalition’s absolute discretion and for any reason. the Recirculating Farms Coalition is especially likely to terminate for reasons that include, but are not limited to, the following: (1) violation of these Terms and Conditions; (2) abuse of site resources or attempt to gain unauthorized entry to the site or site resources; (3) a User’s request for such termination; or (4) as required by law, regulation, court or governing agency order.
The Recirculating Farms Coalition’s termination of any User’s access to any or all of the site may be affected without notice and, on such termination, the Recirculating Farms Coalition may immediately deactivate or delete User’s account and/or bar any further access to such files. The Recirculating Farms Coalition shall not be liable to any User or other third party for any termination of that User’s access or account hereunder. In addition, a User’s request for termination will result in deactivation but not necessarily deletion of the account. The Recirculating Farms Coalition reserves the right to delete, or not delete, a User’s account at the Recirculating Farms Coalition’s sole discretion, as well as to delete, or not delete, User Submission or Materials at the Recirculating Farms Coalition’s sole discretion.
No Unlawful or Prohibited Use
By using the Recirculating Farms Coalition site, you warrant to the Recirculating Farms Coalition that you will not use our site, or any of the content obtained from our site, for any purpose that is unlawful, intentionally or unintentionally, in accordance with any applicable local, state, national or international law or prohibited by these Terms and Conditions. If you violate any of these Terms and Conditions, your permission to use our site automatically terminates.
Should Materials be found or reported to be in violation with, but not limited to, the following terms, it will be in Recirculating Farms Coalition’s sole discretion as to what action should be taken. Prohibited unlawful actions include, but are not limited to:
(a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to, a Recirculating Farms Coalition official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Recirculating Farms Coalition site;
(e) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any third party;
(g) upload, post, or transmit unsolicited commercial email or “spam.” This includes unethical marketing, advertising, or any other practice that is in any way connected with “spam,” such as (a) sending mass email to recipients who haven’t requested email from you or with a fake return address,; (b) promoting a site with inappropriate links, titles, descriptions, or (c) promoting your site by posting multiple submissions in public forums that are identical;
(h) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(j) “stalk” or otherwise harass another;
(k) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;
(l) offer for sale or sell any item, good or service that (a) violates any applicable federal, state, or local law or regulation, (b) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or (c) is inappropriate for sale through the Recirculating Farms Coalition;
(m) exceed the scope of the Service that you have signed up for; for example, accessing and using the tools that you do not have a right to use, or deleting, adding to, or otherwise changing other peoples comments or Content.
User acknowledges and agrees that the Recirculating Farms Coalition may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of the Recirculating Farms Coalition, its Users and the public.
Community Guidelines
We welcome and respect your opinions, even if they are not the same as our own. Please welcome and respect the opinions expressed on the site and those of other visitors to this site. Communicate with courtesy and collegial respect; disagree without being disagreeable. We also welcome your creativity, but not rudeness or vulgarity. Below is a list of guidelines to keep this site a safe, informative, and constructive community for all those who visit.
You agree not to submit, upload or post any User Submission to this site which:
(a) is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
(b) harms minors in any way;
(c) impersonates any person or entity, including, but not limited to, a Recirculating Farms Coalition official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forges headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Recirculating Farms Coalition site;
(e) you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any third party;
(g) is unsolicited commercial email or “spam.” This includes unethical marketing, advertising, or any other practice that is in any way connected with “spam,” such as (a) sending mass email to recipients who haven’t requested email from you or with a fake return address,; (b) promoting a site with inappropriate links, titles, descriptions, or (c) promoting your site by posting multiple submissions in public forums that are identical;
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) interferes with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(j) “stalks” or otherwise harasses another;
(k) promotes or provides instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;
(l) offers for sale or sell any item, good or service that (a) violates any applicable federal, state, or local law or regulation, (b) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or (c) is inappropriate for sale through the Recirculating Farms Coalition;
(m) exceeds the scope of use you have signed up for; for example, accessing and using the tools that you do not have a right to use, or deleting, adding to, or otherwise changing other peoples comments or Materials.
User acknowledges and agrees that the Recirculating Farms Coalition may preserve Materials and may also disclose Materials if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Materials violate the rights of third-parties; or (d) protect the rights, property, or personal safety of the Recirculating Farms Coalition, its Users and the public.
Notice of Claims for Copyright Infringement
To file a notice claiming that your copyrighted work has been infringed, you must send a written communication by email. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material or activity is infringing your copyrights.
Please provide us with the following information:
1. A description of the copyrighted work that you claim has been infringed;
2. A description of where the material that you claim is infringing is located on our website, with enough detail that we may find it on the website;
3. Your address, telephone number, and email address;
4. Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
5. Include the following statement: “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
6. The electronic signature of the person authorized to act on behalf of the copyright owner of the work that is allegedly infringed.
Send the written communication to the following address: Marianne Cufone, 5721 Magazine St, Suite 191, New Orleans, LA 70115 or [email protected]
Security
This site has security measures in place to protect the loss, misuse and alteration of the information under our control. However, your confidential use of this site cannot be guaranteed. The Recirculating Farms Coalition shall not be responsible for any harm that you or any person may suffer as the result of a breach of confidentiality with respect to information you transmitted to the site.
Outside Links
The Recirculating Farms is not responsible for the privacy practices or the content of any off-site pages or any other sites linked to this site, whether or not they are affiliated with the Recirculating Farms Coalition. Such linked sites are for your convenience only and you access them at your own risk. The Recirculating Farms Coalition makes no representations or warranties as to the accuracy or functioning of any such link. That another web site is linked to our site does not constitute endorsement by the Recirculating Farms Coalition of the owner of the other site, the content of its site, or its products or services.
Warranty Disclaimer and Limitation of Liability
ALL CONTENT ON THIS SITE IS PROVIDED SOLELY FOR EDUCATIONAL AND PROMOTIONAL PURPOSES. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT COULD INCLUDE TECHNICAL INACCURACIES OR OTHER ERRORS. ALL CONTENT ON THIS SITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THE RECIRCULATING FARM COALTION DOES NOT WARRANT THAT USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE. THE RECIRCULATING FARMS COALTION DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS SITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. ADDITIONALLY, THE RECIRCULATING FARMS COALITION DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THE VERACITY, ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY ARTICLE, INFORMATION, APPARATUS, PRODUCT OR PROCESS THAT IS REFERRED TO OR ELECTRONICALLY LINKED FROM ITS WEBSITE, AND THAT REFERENCE TO ANY SPECIFIC COMMERCIAL PRODUCT, PROCESS, OR SERVICE BY TRADE NAME, TRADEMARK, MANUFACTURER, OR OTHERWISE, DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT OR RECOMMENDATION.
IN NO EVENT SHALL THE RECIRCULATING FARMS COALITION, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE RECIRCULATIN FARMS COALITION IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE RECIRCULATING FARMS COALITION SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN THE EVENT THAT YOU HAVE ANY DISPUTE WITH ONE OR MORE OTHER USERS OF THIS SITE, YOU RELEASE THE RECIRCUALTING FARMS COALITION, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
THE FOREGOING WARRANTY DISCLAINER AND LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND WILL SURVIVE THESE TERMS AND CONDITIONS AND YOUR USE OF THIS SITE.
Disclaimer
Without limiting the Warranty Disclaimer and Limitation of Liability above, before undertaking any activities described on this site, it is your personal and exclusive responsibility to ensure that the activity is appropriate for you, that you have researched the activity description, and that you have proper training, equipment, funding and physical conditioning to safely participate in the activity. The Recirculating Farms Coalition and contributors to this site are not responsible for any harm to persons, finances or property that results from your use of this site, including without limitation, use of any content on this site.
Indemnity
You agree to defend, indemnify and hold harmless the Recirculating Farms Coalition, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to this site; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of this site.
International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
General Provisions
The materials on the Recirculating Farms Coalition website are presented solely for promotional purposes in the United States. This site is operated under the supervision of the Recirculating Farms Coalition from its office in the state of Florida. The Recirculating Farms Coalition does not warrant or represent that materials on our site are appropriate or available for use in other locations. If you choose to access our site from other locations, you do so at your own initiative and you are responsible for complying with local laws, if and to the extent local laws are applicable. You may not download or otherwise export or re-export software from our site in violation of United States export controls.
You agree that this site shall be deemed solely based in Florida, and that this site shall be deemed a passive website that does not give rise to personal jurisdiction over the Recirculating Farms Coalition, either specific or general, in jurisdictions other than Florida. These Terms and Conditions shall be governed by and construed according to the laws of the state of Florida, as they are applied to agreements entered into and to be performed entirely within Florida. Any claim or cause of action arising out of or relating to this site shall be barred permanently unless such claim or cause of action is brought within one year after it arises; any such claim or cause of action shall be brought only in the state or federal courts in the Middle District of Florida, and you consent to jurisdiction of such courts for the purpose of litigating such actions.
Whenever possible, each provision of these terms shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision is deemed prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of these terms.
This is the entire agreement between us relating to your use of this site. These terms may not be modified by you, in writing or otherwise, unless agreed to in a written document signed by the Recirculating Farms Coalition.
These Terms and Conditions, and any rights and licenses granted hereunder, may not be assigned by you, but may be assigned by the Recirculating Farms Coalition without restriction.
The Recirculating Farms Coalition has the right, in its sole judgment, to block access from a particular Internet address or to suspend or terminate a user’s account for violations of these Terms and Conditions. In addition, the Recirculating Farms Coalition reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions.