1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE: The services offered at www.Loudfarm.com ("Loudfarm.com"), are provided to you under the terms and conditions of this Loudfarm.com Terms of Service ("TOS"), and any operating rules or policies that may be published by Loudfarm.com at the URL: www.Loudfarm.com (the "Service"). The TOS comprises the entire agreement between you and Loudfarm.com and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS, OR USING Loudfarm.com, USER AGREES TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN. You may continue to use Loudfarm.com as long as you adhere to these Terms of Service.
2. SERVICES VOID WHERE PROHIBITED: Use of the Services is void where prohibited. By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all the Terms and Conditions of this Agreement.
3. REGISTRATION: You are required to register with Loudfarm.com if you want to utilize most of the site's features. In order to register with Loudfarm.com you must supply a valid email address (your personal login), and a password.
4. DESCRIPTION OF SERVICE: Loudfarm.com provides Users with a variety of online services, including but not limited to posting of messages, events, news, polls and various forms of media.
6. COPYRIGHT POLICY/INFRINGING MATERIAL: You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information owned or controlled by someone else without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Loudfarm.com Service without your permission or in any way that constitutes copyright infringement, please provide Loudfarm.com with the following information: a description of the copyrighted work that you claim has been infringed; a description of where the material you claim is infringing is located on the Loudfarm.com Service; your address, telephone number, and email address; and a written statement by you stating that you have a good faith belief that the disputed use is not authorized by you, your agent, or the law; and a statement by you, made under penalty of perjury, that you own the claimed infringing material together with any evidence of such ownership. Please contact Loudfarm.com at firstname.lastname@example.org.
9. SECURITY: You are solely responsible for maintaining the confidentiality of your password and account. You are also solely responsible for any and all activities that occur under your account. You may change your password, or any other account information, at any time by following instructions available on Loudfarm.com. You agree to notify Loudfarm.com immediately of any unauthorized use of your account or any other breach of security known to you. You must promptly inform Loudfarm.com of actual or apparent breaches of security, such as loss, theft, or authorized disclosure or use of a User Account or password. Until Loudfarm.com is notified by email of a breach in security, you will remain liable for any unauthorized use of the Loudfarm.com Service through your account. In consideration for using the Loudfarm.com Service, you agree to: (1) provide certain current, complete, and accurate information about you when prompted to do so by the Service, and (2) maintain and update this information as required to keep it current, complete and accurate. If any information provided by you during your original registration or My Info Page sign-up is inaccurate, Loudfarm.com reserves the right to terminate your account immediately and your right to use the Loudfarm.com Service.
10. NO RESALE OR COMMERCIAL USE, ABUSE OF THE SERVICE: Your right to use the Loudfarm.com Service is personal to you. You agree not to resell or make any commercial use of the Loudfarm.com Service without the express consent of Loudfarm.com. You may not create bots or other computer generated automatic tools to create events, nor abuse the Loudfarm.com Service in any manner. Use that constitutes abuse shall be determined by Loudfarm.com in its sole discretion. Loudfarm.com reserves the right to terminate your account if Loudfarm.com determines you have not complied with this TOS.
11. USER CONDUCT: Loudfarm.com reserves the right, but does not assume the responsibility, to monitor or review your conduct on the Loudfarm.com Service. Your use of the Loudfarm.com Service is subject to all applicable local, state, national and international laws and regulations. In using the Loudfarm.com Service you agree not to:
12. INDEMNIFICATION: You agree to indemnify and hold Loudfarm.com, its parent, subsidiary, affiliate, officers, employees, agents, directors, successors and assigns harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Loudfarm.com Service, the violation of this TOS by you, the infringement by you (or other user of the Service using your account) of any intellectual property or other right of any person or entity or violation of any federal, state or local law or regulation.
13. TERMINATION: You may terminate your participation in the Loudfarm.com Service with or without cause at any time and effective immediately. Loudfarm.com may terminate the Loudfarm.com Service or your use of the Service with or without cause at any time and effective immediately, at Loudfarm.com's sole discretion, including but not limited to immediate termination of your use of the Loudfarm.com Service should your conduct fail to conform to the terms and conditions of this TOS. Loudfarm.com shall not be liable to you or any third party for termination of the Loudfarm.com Service or termination of your use of the Loudfarm.com Service. Should you object to any terms and conditions of the TOS or any subsequent modifications Loudfarm.com makes to the TOS or become dissatisfied with the Loudfarm.com Service in any way, your only recourse is to immediately: (1) discontinue use of the Loudfarm.com Service; and (2) notify Loudfarm.com of your termination and, at your discretion, notify Loudfarm.com of the reasons for your termination. Upon termination of your use of the Loudfarm.com Service, your right to use the Loudfarm.com Service shall cease immediately. You shall have no right and Loudfarm.com will have no obligation thereafter to forward any unread or unsent messages to your or any third party on your behalf. Applicable sections shall survive termination of the TOS.
14. TRANSACTIONS WITH ORGANIZATIONS OR INDIVIDUALS: Loudfarm.com shall not be liable for your interactions with any organizations and/or individuals found on or through the Loudfarm.com Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. Loudfarm.com is under no obligation to become involved in disputes between participants on the Loudfarm.com Service, or between participants on the Loudfarm.com Service and any third party.
15. LINKS TO THIRD PARTY SITES: Any web sites that are accessible via links included within the Loudfarm.com Service that take you out of the Loudfarm.com Service are not under Loudfarm.com's control and Loudfarm.com shall not be responsible for the content, products or services of any linked website. All such websites shall be subject to the policies and procedures of the owner of such websites. We encourage you to read those policies and know your rights under any web site you visit.
16. VIOLATION OF TERMS BY OTHER USERS: Loudfarm.com asks that you participate in ensuring that all Users follow the terms of this TOS by reporting any Loudfarm.com postings or messages that violate these terms. To report a violation of this TOS, please email us at email@example.com.
17. DISCLAIMER OF WARRANTIES: YOU EXPRESSLY AGREE THAT YOUR USE OF THE Loudfarm.com SERVICE IS AT YOUR SOLE RISK. THE Loudfarm.com SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Loudfarm.com EXPRESSLY DISCLAIMS 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. Loudfarm.com MAKES NO WARRANTY THAT ITS SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ITS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. Loudfarm.com MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT Loudfarm.com DOES NOT CONTROL CONTENT, INFORMATION, PRODUCTS OR SERVICES OFFERED BY ADVERTISERS, THIRD PARTIES OR OTHER USERS ON OR THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY LICENSE TO Loudfarm.com FROM THIRD PARTIES OR CONTENT PROVIDED BY OTHER USERS. Loudfarm.com ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, USEFULNESS OR DECENCY OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING BUT NOT LIMITED TO ADVERTISERS AND USERS) THROUGH THE Loudfarm.com SERVICE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR ATTEMPT TO DOWNLOAD ANY MATERIAL FROM THE Loudfarm.com SERVICE. Loudfarm.com MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ITS SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH ITS SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Loudfarm.com OR THROUGH THE Loudfarm.com SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
18. LIMITATION OF LIABILITY: Loudfarm.com SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF Loudfarm.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE (I) USE OR THE INABILITY TO USE THE SERVICE; (II) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (III) ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR CONTENT RECEIVED OR TRANSACTIONS ENTERED INTO WITH Loudfarm.com OR A THIRD PARTY THROUGH THE USE OF THE Loudfarm.com SERVICE; (IV) OR UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ALTERATION OF YOUR ACCOUNT OR DATA. YOU SPECIFICALLY AGREE THAT Loudfarm.com IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE Loudfarm.com SERVICE, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING BUT NOT LIMITED TO INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.
19. GENERAL PROVISIONS: This TOS shall be governed by and construed in accordance with the laws of the state of California, excluding its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts of the State of California, provided, however, that Loudfarm.com, in its sole discretion, may elect to settle any litigation in any way arising out of or relating to this TOS through binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such arbitration shall be conducted in San Francisco, California, and judgment on the arbitration award may be entered into in any court having jurisdiction thereof. If any provision(s) of the TOS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Loudfarm.com's failure to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Loudfarm.com in writing. User and Loudfarm.com agree that any lawsuit arising out of or related to this Service must commence within one (1) year after the cause of action arises; otherwise, such cause of action is permanently barred. The section titles in this TOS are solely used for the convenience of the parties and have no legal or contractual significance.
20. MODIFICATIONS TO THE SERVICE AND TO TERMS OF SERVICE: Loudfarm.com reserves the right to modify or discontinue the Loudfarm.com Service with or without notice to you. Loudfarm.com shall not be liable to you if Loudfarm.com modifies or discontinues its Service. Loudfarm.com may change the terms and conditions of the TOS at any time in its sole discretion. In the event of any material or substantial change in the terms and conditions of this TOS, Loudfarm.com may notify you via e-mail, and/or by posting an announcement of the changes together with a link to the new TOS on the Loudfarm.com Service. By using the Loudfarm.com Service after any change in the TOS you acknowledge and accept changes to the TOS.
21. TYPOGRAPHICAL ERRORS: Information and content posted on any of Loudfarm.com's sites are provided for general reference only and are not warranted to be free of errors, other deficiencies or potential interruptions. In addition, the site may be used by others to post other information and materials, including changes or additions; Loudfarm.com gives no assurance whatsoever regarding such information or materials. In the event a product, service, or event is listed with incorrect or misleading information due to typographical error or error in pricing or product information received, Loudfarm.com shall have the right to refuse or cancel any orders placed for product or event listed. Loudfarm.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. As an online publication, Loudfarm.com strives to post the most accurate information available, if the information you enter is misleading or inaccurate we will fix the listing to reflect the most accurate information available. If you utilize an unpaid listing we reserve the right to change the listing at our discretion.
22. OTHER BUSINESSES: Parties other than Loudfarm.com and its affiiliates may operate venues, provide services, or sell product lines on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. Loudfarm.com does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
23. ELECTRONIC COMMUNICATIONS: When you visit Loudfarm.com or send emails to us, you are communicating with us electronically. You consent to the receipt of communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Loudfarm.com is owned and operated by 1978, M.H., LLC LLC.
1. Your Personally Identifiable Information Collected by Loudfarm.com: When you register with the Loudfarm.com service, our registration process may request that you give us certain information such as your name and e-mail address. Loudfarm.com will also collect other information you volunteer to us through use of our service. In this document, we refer to this information as "Personal Identity Information." You may always choose not to provide such Personal Identity Information; however, this may limit our ability to provide you with a specific service or particular content. We may also collect demographic and other data, which may include Personal Identity Information, generally through features and/or forms which you may or may not choose to participate in.
5. Cookies: Loudfarm.com wants to optimize your experience by ensuring that the most relevant information is displayed to you while using the Loudfarm.com web site. A common manner in which to do this is by placing cookies on your computer. Cookies are strings of text and numbers that can identify your computer to us when you visit our site, and which may be correlated with your Personal Identity Information in our databases.
6. IP Address: When you visit our site, we log standard information such as your IP address, which is a number that can be used to identify your location and Internet Service Provider, along with the URL from which you came to our site and the URLs visited on our site. A URL is the full address of a Web site page, which may or may not contain some Personal Identity Information about the person who is viewing it. When we send messages to you or others, we sometimes provide a URL link to the Loudfarm.com site that contains an alphanumeric identifier, which allows us to identify the person to whom we sent the message so that we can personalize our content for that individual.
Use of Information
1. Use Of Your Personal Identity Information by Loudfarm.com: Loudfarm.com does not sell, share or otherwise provide any "Personal Identity Information" you give to us with any Business Partner without your consent, which may be obtained through an opt-in or opt-out request (see Use of Your Personal Identity Information by Business Partners below), unless required by law, court order or as required to technically operate the service, or to complete a transaction or order. We use the collected Personal Identity Information to operate all Loudfarm.com services. Each communication sent to you, other than communications sent to you for the sole purpose of addressing a technical or operational issue regarding the Loudfarm.com service, will give you the opportunity to opt-out of receiving further communications from the sender. In addition, we use your Personal Identity Information to help us provide you with personalized content.
2. Use Of Your Personal Identity Information By Other Users: Users will be able to view the Personal Identity Information that you provide on your Profile Page. However, to ensure your privacy, Loudfarm.com will not display or give out your e-mail address or any other contact information to other users. It is up to you to choose when you are comfortable disclosing your e-mail address, or any other contact information, to others through private communications.
6. Use Of IP Addresses: We use your IP Address to help diagnose problems with our server, and to administer our Web site and otherwise provide our service to you. IP addresses may be disclosed to Business Partners if Loudfarm.com believes in good faith that the law or legal process requires it, or to protect the rights or property of Loudfarm.com or others.
When We May Disclose Your Personal Identity Information, Loudfarm.com Content, Data or Friend Contact Information
Loudfarm.com may disclose your Personal Identity Information or the contents of your published communications if required to do so by law or court order. Your Personal Identity Information may also be disclosed if necessary in order to complete a transaction such as the fulfillment of an order or purchase placed by you. Loudfarm.com will in no way disclose the contents of your Loudfarm.com invitations other than to the intended recipient(s) unless required (1) by law or court order, (2) to protect Loudfarm.com's rights and property, (3) to protect against unauthorized use of the Loudfarm.com site, and (4) during emergencies such as when we believe someone's physical safety is at risk. Also, certain technical processing of e-mail messages and their content may be required to: (1) send and receive messages; (2) conform to connecting networks' technical requirements; (3) conform to the limitations of the Service; or (4) conform to other similar requirements. It is possible that as we continue to develop our Web site and our business, Loudfarm.com and/or related assets might be acquired. In such a transaction, customer information may be transferred to the acquiring entity.
This site has industry standard security measures in place to protect the loss, misuse and integrity of the information under our control. Although we make good faith efforts to store the information collected by the Loudfarm.com service in a secure operating environment that is not available to the public, we cannot guarantee complete security.
Other Web Sites; Links
This Web site contains links to other Web sites. Loudfarm.com is not responsible for the privacy practices or the content of such Web sites.
While Loudfarm.com does not give you the opportunity to remove your information from our database, you may deactivate your account as described below. In addition, you may elect not to receive future communications from Loudfarm.com or to discontinue use of our service. If you are a registered user, please log in and visit the My Profile Page of our Web site and uncheck the box related to sending information to you via e-mail. If you are not a registered user but are a recipient of a Loudfarm.com e-mail, you may delete your e-mail address from the sender's recipient list by requesting to be removed from the mailing list on their e-mail.
Loudfarm.com allows its users the option to de-activate their e-mail address and/or change information previously provided. This may be done through the following method:
1. Send an email to firstname.lastname@example.org and request the necessary changes to your Personal Identity Information.
Changes to this Policy
We strive to do everything we can to protect the privacy of our users. Please feel free to share any comments and concerns with us. If you have any questions about this privacy statement, the practices of this site, or your dealings with Loudfarm.com or any of its users, you may e-mail us at email@example.com
LAST REVISED ON: January 16, 2008.