The terms and conditions below explain the use and protection of the information that you provide in connection with your use and view of the Fresh Crop application (hereafter the “Application,” “us,” “we,” or “our”), including, but not limited to, Internet protocol addresses, the domain that you use to access the Application, the version and type of browser or operating system you use, the profile page you came from or visit next, your email address (if using to access the Application), user name, Facebook login information (if using to access the Application), geographic location, average time spent on the Application, any text contained in emails and/or information entered while using the Application, messages, posts, birthdates, birthdays, events, age, legal names or, nicknames, that of your family members or other individuals, pictures, videos, graphic interchange format images and videos (“GIFs”), other websites, credit card numbers, PayPal accounts, other merchant accounts and/or addresses. The foregoing shall be collectively referred to hereafter as the “User Information.”
By using the Application, you expressly and voluntarily agree to the following terms and conditions:
1. Collection of User Information. You expressly consent to our collection, transfer, storage, use and disclosure of your User Information, inside and outside of our servers, for purposes of viewing the Application, and collecting, charting and tracking User Information to generate reports related to Application content. We reserve the right to use your User Information for purposes of gathering information and performing statistical analyses of Application user preferences and characteristics. While users may add, modify, or delete content from their profiles, such information will remain on our servers and be subject to data collection.
2. Use of User Information. You agree that we may use your User Information to create studies, charts, analyses, features, editorials, and reports based on the information that you enter into the Application. You further authorize and give us permission to post or track any emails that you send to us or messages, pictures, videos or other content that you post on the Application if in our sole discretion we deem it necessary, and/or it is necessary to respond to your emails and/or posted messages, pictures, videos, GIFs, or other content.
3. Disclosure of User Information. You agree that we may disclose your User Information to enforce our policies, protect anyone’s rights, property or safety, and respond to legal requests. Notwithstanding anything to the contrary, we will not sell your User Information to any third parties.
4. Safeguards and Security. We shall store all User Information and protect such information by security safeguards appropriate to the sensitivity of such information. Despite these protections, you hereby acknowledge the risk and possibility that unauthorized third parties could illegally “hack” into, abuse and/or misuse your User Information. Accordingly, you release us, the Application, and any of its owners, related entities, including without limitation XQ Creative, LLC, employees, officers, directors, agents, members, partners, successors, and licensees from any and all liability associated with third parties illegally accessing or misappropriating your User Information. We ask that you help protect your User Information by never giving out your personal information unless you deem it necessary or you voluntarily wish to do so, logging off of your computer and/or closing the Application or your Internet browser when you finish visiting the Application or other web pages.
5. Username/Password. You must provide us with accurate, complete, and up-to-date registration information. Failure to do so will constitute a breach of these terms and conditions. As part of the registration process, you will be assigned a username and you will select a password. You understand that you may not (i) select or use a name of another person with the intent to impersonate that person; (ii) use the rights of any person without authorization; or (iii) use a name that we, in our sole discretion, deem inappropriate. You hereby acknowledge and agree that we may change your username at any time and for any reason in our sole discretion and/or remove your use of the assigned username and allow any other user to use the same. You are responsible for all usage or activity on the Application via your account, and you must keep your account password secure. You must immediately notify us by the contact information below, of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or billing information.
6. Monthly Subscription Terms. You acknowledge that we may institute a monthly subscription service and in that event your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Your subscription will be automatically extended for successive monthly periods, at the then-current subscription rate. Billing charges will be processed immediately when your order is taken and according to the billing details displayed, as well as when your subscription is automatically renewed. Please ensure that you correct any information which has changed in respect to your payment method to prevent your subscription lapsing due to us being unable to process your payment. The renewal of the subscription takes place subject to the terms and conditions in force on the date of renewal.
7. Cancellation. You may “opt out” or cancel your monthly subscription by phone or email or by logging into your account page at least two (2) business days before the renewal date and following the cancellation instructions there. If you do not let us know that you want to terminate your subscription at least two (2) business days prior to the end of the current subscription period, the payment for the renewal period of the subscription will be processed and you will not be eligible for a refund.
8. Pricing. The subscription price will be made clear to you on our registration page or otherwise during the registration process. Prices may be changed by us at any time and each renewal of your subscription will be at the price that you were originally charged for that subscription when you subscribed unless otherwise stated or there is a change in your subscription price. We shall provide you with reasonable notice of any change in prices prior to the effective date of the new pricing by email or other reasonable means such as a notice on the Application or in usual subscriber communications. If you do not wish to continue with your subscription due to the new prices, you may “opt out” of renewal or cancel as set forth above.
9. Links to Other Sites and Advertisements. The Application may contain links to other web pages and services. While we try to link only to other web pages and services that share our high standards and respect for privacy, you hereby agree that we are not responsible for the content of or the privacy practices employed by other companies or websites.
10. Intellectual Property. You acknowledge and agree that the Application, its images videos, and other content, and any software and technology used in connection with the Application (collectively “Intellectual Property”) contain proprietary and confidential information that is protected legally. Except as we otherwise expressly authorize in or by a separate agreement, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Intellectual Property, in whole or in part. We grant you a personal, non-transferable and non-exclusive right and license to use the Intellectual Property on a single computer; provided that you or third-parties do not copy, modify, create a derivative work from, reverse engineer, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any rights in the Intellectual Property. You agree not to access the Intellectual Property by any means other than provided through the Application. The names XQ Creative, LLC, any domain names associated with the same, and all GIFs created by us, videos and other content that is presented by or featured on the Application are our exclusive intellectual property. You agree not to reproduce or use such property without our express authorization. We hereby acknowledge that you retain all rights to the images, videos, and GIFs that are submitted by you. You represent and warrant that such images, videos, and GIFs submitted by you do not and shall not violate or infringe upon the rights of any third party, including without limitation the rights of copyright, trademark or service mark, property, privacy or publicity, or other rights of any other kind.
11. Disclaimer of Warranties. YOUR USE OF THE APPLICATION AND THE INFORMATION PROVIDED ON IT IS AT YOUR SOLE RISK. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE REFRAIN FROM MAKING ANY WARRANTY THAT (i) THE APPLICATION AND THE INFORMATION PROVIDED ON IT WILL MEET YOUR REQUIREMENTS; (ii) USE OF THE APPLICATION AND THE INFORMATION PROVIDED ON IT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APPLICATION AND THE INFORMATION PROVIDED ON IT WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, DOWNLOADS, OR OTHER MATERIAL PURCHASED, DOWNLOADED OR OBTAINED WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE APPLICATION, THE INFORMATION PROVIDED ON IT OR ITS OPERATIONS WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APPLICATION IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR ACCESS OF ANY SUCH MATERIAL.
12. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE APPLICATION AND OUR APPLICABLE ENTITIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, MEMBERS, AND LICENSORS, INCLUDING WITHOUT LIMITATION XQ CREATIVE, LLC., 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 WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR INABILITY TO USE THE APPLICATION; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED, DOWNLOADED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE APPLICATION; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE APPLICATION; OR (v) ANY OTHER MATTER RELATING TO THE APPLICATION.
13. Minors. You agree that you have reached the age of majority in the state in which you live. If you have not reached that age, you hereby represent and warrant that you have the permission or authority of your parent or guardian to register your User Information with the Application. We take our responsibility to our younger users seriously. Children under the age of 13 and their parents should review the section of this policy called “Children’s Privacy” which discusses the special steps that we take for children who may visit our pages.
14. Children’s Privacy. These terms and conditions apply to children as well as adults. There are some extra precautions that we take, however, with respect to collecting information from children under the age of 13. The Children’s Online Privacy Protection Act (“COPPA”) requires us to inform the parents (or legal guardians) of children under the age of 13 about our collection, use and disclosure practices regarding the personally-identifiable information of their children who are under the age of 13, and to obtain their consent before their child is permitted to use certain features of our Application. All subscribers will be requested to provide their age. We do not knowingly collect personally identifiable information from children under 13 online without first obtaining permission from a child’s parent or guardian. When children under 13 years of age attempt to subscribe to the Application, we send their parent or guardian an e-mail to get their permission to collect the child’s personally identifiable information as part of their registration. If we do not receive permission within 14 days, we will delete the request and the child will not be able to complete his or her registration. Once a parent or guardian gives permission for its child to register, the parent will be asked to complete the child’s mailing information on behalf of the child. When complete, the child will be able to subscribe to the Application without any further requests of consent to the parent; however, the parent will be notified when the child enters any additional information. Should the child’s personally identifiable information require updating, the parent would be required to make any and all updates to its child’s registration information on behalf of the child. We do not require a child to provide more personally identifiable information than is reasonably necessary to participate in an activity. (You may wish to be aware that, according to the FTC, website operators are not permitted to collect more information than is needed for a child to participate in an online activity.) Our Application does not offer activities that allow the child to disclose his or her personal information publicly (for example through chat rooms or message boards). Assuming that we have received any requisite parental consent, we may use information collected from a child under 13, for example, to provide and enable the child to participate in activities that may be available on the Application, to allow the child to obtain services or products requested, to send updates regarding our Application, services or products, to send announcements, to conduct internal market research activities, and to otherwise promote our activities and products. We do not share children’s personally identifiable information with third parties. Please visit www.ftc.gov for information from the Federal Trade Commission about protecting children’s privacy online and COPPA.
15. Indemnity. You agree to indemnify and hold us, XQ Creative, LLC, the Application, our owners, and our related entities, including without limitation XQ Creative, LLC., employees, officers, directors, agents, shareholders, partners and affiliates harmless from any and all claims and demands (including reasonable attorneys’ fees and court costs) made by any third party due to or arising from any questions, comments, letters, messages, images, videos, GIFs created by you, or requests that you submit, post, transmit or otherwise make available through the Application, breach of the representations and warranties above, use of the Application and the information provided on it, violation of the terms of this policy, and/or your violation of any rights of another.
16. Updates. We reserve the right to update these terms and conditions at our sole discretion without notice to you. If you do not agree to the terms and conditions above, you should not enter your User Information on the Application and/or “opt-out” of any registration, renewal or purchase opportunities related to the Application and/or its applicable Intellectual Property, Application content and/or merchandise.
17. Termination or Suspension of Your Account. If we believe, in our sole discretion, that you are in breach of these terms or conditions or are acting inconsistently with the letter or spirit of the same, we may limit, suspend or terminate your access to the Application. In such a case and if applicable, no portion of your subscription payment for remainder of the applicable month will be refunded. We also reserve the right to suspend or terminate your access to the Application for any reason, and should we decide to suspend your access for any reason other than a breach by you, we will refund to you any unused portion of your subscription payment, if applicable, which will be your sole and exclusive remedy upon such suspension or termination.
18. Choice of Law and Forum. You agree that the laws of the State of Florida shall govern the terms and conditions hereof. You further agree that all differences or disputes related to these terms and conditions shall first be submitted to mediation. In the event litigation is necessary thereafter, the applicable state and federal courts of the State of Florida shall have full and exclusive jurisdiction over all disputes. You further agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this policy shall be filed within one (1) year after such claim or cause of action arose or be forever barred.
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