Terms of Service

This User Agreement was last updated on August 11, 2011.

1. GENERAL

This website (“Site”) is owned and operated by Verdesca LLC, d/b/a FarmPlate[TM], P.O. Box 333, Hanover, NH 03755. Please review these Terms of Service carefully before using this Site. These Terms of Service govern your access to and use of the Site. By accessing or using any portion of the FarmPlate website or any service on FarmPlate.com (collectively the “Site”), you agree to these Terms of Service and conclude a legally binding contract with FarmPlate. Do not access or use the FarmPlate Site if you are unwilling or unable to be bound by these Terms of Service. 

2. DEFINITIONS

a. PARTIES

For the purposes of these Terms of Service “we”, “our” and “us” refers to FarmPlate[TM]. “you” and “your” refer to you, as a user of the Site. A “user” is someone who accesses, browses, or in any way uses the Site. A “Member” refers to a person or entity paying an annual membership fee to become a Member of the Site.

b. CONTENT

“Content” means text, images, photos, audio, video, location data, and all other forms of data or communication.  “Your Content” means Content that you submit or transmit to, through, or in connection with the Site, such as ratings, reviews, invitations, messages and information that you publicly display or displayed in your account profile.  “User Content” means Content that users submit or transmit to, through, or in connection with the Site.  “FarmPlate Content” means Content that we create and make available in connection with the Site.  “Third Party Content” means Content that originates from parties other than FarmPlate or its users, which is made available in connection with the Site.  “Site Content” means all of the Content that is made available in connection with the Site, including Your Content, User Content, Third Party Content and FarmPlate Content.

3. CHANGES TO THE TERMS OF SERVICE

We may modify these Terms of Service at any time, and such modification shall be effective immediately upon the posting of the modified Terms of Service on this Site. Accordingly, your continued access or use of this Site indicates your acceptance of the modified Terms of Service. 

4. USING THE SITE

You may only use this Site in accordance with these Terms of Service and, in any event, for lawful and proper purposes which comply with all applicable laws and regulations of the United States, of any State of the United States, and of any other jurisdiction from which you are accessing this Site.

We reserve the right to make updates to the information, services, products, and other materials on this Site at any time without notice.

a) Eligibility

To be eligible to use the Site, you must meet the following criteria and represent and warrant that you: (1) are 18 years of age or older; (2) are not currently restricted from the Site, or not otherwise prohibited from having a FarmPlate account, (3) will only maintain one Individual User Account at any given time; (4) have full power and authority to enter into this Agreement; and (5) will not violate any rights of FarmPlate, including intellectual property rights such as copyright or trademark rights.

b) Permission to Use the Site

We grant you permission to use the Site subject to the restrictions in these Terms of Service.  Your use of the Site is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. 

c) Site Availability

The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability. 

d) User Accounts

1) Individual User Account

You can access most of the areas of the Site without registering with us, but certain areas of the Site or functionality may require you to register. In creating an Individual User Account, we ask that you provide complete and accurate information about yourself to bolster your credibility as a contributor to the Site.  You may not impersonate someone else (e.g. adopt the identify of a celebrity or your next-door neighbor), create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple Individual User Accounts.  Please read our Privacy Policy for more information.

As part of the online registration process, You will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of the user name and password, and You are solely responsible for any and all activities that occur. You agree to notify FarmPlate immediately of any unauthorized use of its user name, password or of any other breach of security. 

2) Business Account

A Business Account is an account to be used solely for the purpose of representing your business in connection with the Site.  In creating or updating a Business Account you must be an authorized representative of the business in question, and you must provide complete and accurate information about yourself and the business you represent.  You may not provide an email address that is not your own.  If you are no longer an authorized representative of the business in question you must notify FarmPlate that you are no longer the contact for the business and facilitate transfer of the Business Account to another employee of that business.  

As part of the online registration process, You will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of the user name and password, and You are solely responsible for any and all activities that occur. You agree to notify FarmPlate immediately of any unauthorized use of its user name, password or of any other breach of security.

e) Communications from FarmPlate and other Users

By creating an account, you agree to receive certain communications in connection with the services provided by the Site. You can opt-out of non-essential FarmPlate communications by changing the settings in your user profile.  If you have upgraded your Business Profile, visitors to your Business Profile will have the opportunity to email you directly via FarmPlate at the address listed in your account.

f) Payment

If you purchase any services that we offer for a fee, either on a one-time or subscription basis (“Premium Services”), you agree to FarmPlate storing your payment card information.  You also agree to pay the applicable fees for the Premium Services (including, without limitation, periodic feeds for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts.  Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. You also acknowledge that FarmPlate’s Premium Services are subject to this Agreement and any additional terms related to the provision of the Premium Service.

5. CONTENT

FarmPlate does not control the Content provided by users and made available on the Site, and is not liable for the risks associated with viewing such Content.

a) Responsibility for Your Content

You alone are responsible for Your Content.  Whenever you make use of a facility on this Site that allows you to upload your own Content, such as photographs, videos, comments, etc., or to make contact with other users of this Site, you must comply with the acceptable use obligations below. You warrant that you have the right to upload Content to the Site and that any such Content complies with these Terms of Service, and you indemnify us and hold us harmless for any breach of that warranty. You acknowledge that any Content and associated personal information you choose to upload may be viewed and downloaded by other users of this Site and redistributed through the internet or other media channels. We are not responsible for any re-posting by a third party of Content posted by you on the Site.

By listing a product on the Site you warrant that you and all aspects of the product comply with FarmPlate’s policies. You also warrant that you may legally sell the listed product. All products must be listed in an appropriate category. 

Please refer to the Content Guidelines for more information on posting or submitting content to the Site. 

b) Our Right to Use Your Content

We may use Your Content in a number of different ways, including publicly displaying it, editing it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing and allowing others to do the same in connection with their own websites and media platforms (“Other Media”).  As such, you hereby irrevocably grant us world-wide, non-exclusive, royalty-free, sub-licensable, transferable rights to use Your Content for any purpose.  You also irrevocably grant the users of the Site and any Other Media the right to access Your Content in connection with their use of the Site and any Other Media.  Finally, you irrevocably waive, and cause to be waived, against FarmPlate and its users any claims and assertions of moral rights or attribution with respect to Your Content.  By “use” we mean use, copy, publicly perform or display, distribute, modify, translate and create derivative works of Your Content. 

We also have the right to disclose your identity to any third party who claims that Content provided by you constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible or liable to any third party for the Content or accuracy of the Content on this Site. We have the right to remove any Content from the Site if, in our opinion, such material does not comply with these Terms of Service.The amount and type of Content stored and or displayed on the Site may also be limited by us at our discretion. We may store the Content and display it to other users.

c) Ownership

As between You and FarmPlate, you own Your Content.  We own the FarmPlate Content, all trademarks, service marks, copyright, database rights, aggregate user review ratings, and other intellectual property rights to the materials on this Site (as well as the organization and layout of this Site), together with the underlying software code, and all other elements of the Site excluding Your Content, User Content, and Third Party Content.  Without our prior written permission you may not copy, modify, alter, publish, broadcast, distribute, sell or transfer any material on this Site or the underlying software code, whether in whole or in part. The one exception to this rule is the FarmPlate badge, which may be used by businesses and other websites intending to promote or support FarmPlate.  The contents of this Site may be downloaded, printed or copied for your personal, non-commercial use. Much of the information provided on the Site is updated on a real-time basis and is proprietary or is licensed to FarmPlate by FarmPlate’s users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access FarmPlate for any purpose without FarmPlate’s prior express written permission. You also agree not to interfere or attempt to interfere with the proper working of the Site or any activities conducted thereon.

d) Food Information

Information provided on the Site is offered as a public and educational resource only. All efforts have been made to ensure the material on the Site is accurate and up to date. However, FarmPlate is not liable for any information about foods or other products posted on the Site, or any actions taken that are based upon this information. Users are solely responsible for their own use of this information, and for their purchase and consumption of food. Any reference to specific commercial products, processes, services, manufacturers, or companies does not constitute a certification by FarmPlate.  Users of the information provided by the Site who consume raw milk, wild foods and other products do so at their own risk.

The information provided by FarmPlate is not legal advice and is not a substitute for legal advice regarding food safety laws in your jurisdiction. Individuals seeking legal advice regarding the food safety laws in their jurisdiction should contact the appropriate government agency or an attorney licensed in that jurisdiction.

Foraged Foods

FarmPlate has taken great care to collect the most accurate information available on edible wild plants, fruits, vegetables and fungi (“foraged foods”). However, consuming and/or collecting these foods is a potentially hazardous or deadly activity. Users of the information provided by FarmPlate consume foraged foods at their own risk. FarmPlate is not liable for any actions taken based on the information provided, nor do we warranty the safety of consuming any foraged foods. Furthermore, we are not liable for any symptoms arising from contact with or the ingestion of fungi, mushrooms, fungi spores, or any plant or biological material herein described. Any person who ingests or places themselves in direct or indirect contact with potentially dangerous foraged foods such as wild plants or fungi does so at their own risk. If you have any doubts about your identification of a foraged food, do not eat it. 

Alcoholic Beverages

FarmPlate does not offer any alcoholic beverage for purchase, sale or transport and does not certify any of the products posted on the Site. FarmPlate is not liable for any information about alcoholic beverages on the Site, or any actions taken by the user in response to that information. FarmPlate users are solely responsible for the accuracy and legality of any content or information they post on the Site. 

Companies or organizations that market, produce or sell alcoholic beverages may not post information on the Site that targets an audience younger than the legal drinking age in the United States (individuals less than 21 years of age). Users posting any information regarding alcoholic beverages on the Site will do so without the intention of targeting pregnant or nursing women or misleading audiences about the dangers and effects of alcohol. FarmPlate reserves the right to remove any information in violation of this rule and, if necessary, take legal action in response to such violations. FarmPlate is not liable for any false information pertaining to alcoholic beverages that is provided on the Site.

Raw Dairy

We encourage you to consult the relevant laws pertaining to unpasteurized milk, dairy, raw milk cheese or other unpasteurized dairy product (“raw dairy”) sales for the state in which you reside. Any information pertaining to raw dairy that is posted on this Site is the property and legal responsibility of the user posting that information. Some scientists and government officials warn that raw dairy can potentially contain a variety of bacteria that can lead to serious illness, disability or death. Pregnant women and anyone with a compromised immune system, including children and the elderly, should exercise particular caution. If you are looking for an alternative to conventional ultra-pasteurized milk or other dairy, you may want to consider low-temperature pasteurized dairy from local sources near you.  

e) Advertising

FarmPlate and its licensees may publicly display advertisements and other information adjacent to or included with Your Content.  You are not entitled to any compensation for such advertisements.  The manner, mode and extent of such advertising are subject to change without specific notice to you. 

f) Other

We reserve the right to remove, screen, edit or reinstate User Content from time to time at our sole discretion and without notice to you.  For example, we may remove a review if we believe it violates our Content Guidelines.  We have not obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.

6.  RESTRICTIONS

We are under no obligation to enforce the Terms of Service on your behalf against another user.  While we encourage you to let us know if you believe another user has violated the Terms of Service, we reserve the right to investigate and take appropriate action at our sole discretion.

In particular, you agree that you will not:

  • Post, transmit or disseminate any information on or via this Site which is or may be harmful, obscene, defamatory or otherwise illegal;
  • Use this Site in a manner which causes or may cause an infringement of the rights of any other user or business entity
  • Make any unauthorized, false, or fraudulent posting; 
  • Use this Site to share any Content containing information about illegal or illegally produced products;
  • Use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of this Site, including but not limited to uploading or making available files containing corrupt data or viruses;
  • Deface, alter or interfere with the front end “look and feel” of this Site or the underlying software code;
  • Take any action that imposes an unreasonable or disproportionately large load on this Site or related infrastructure; or
  • Obtain or attempt to obtain unauthorized access, via whatever means, to any of our networks.

Without prejudice to any of our other rights (whether at law or otherwise), we reserve the right to deny you access to this Site if we believe (in our absolute discretion) that you are in breach of any of these Terms of Service.

7.  GUIDELINES AND POLICIES

a) Content Guidelines

At FarmPlate, our success depends on our community and we rely upon your contributions in the form of business reviews, event listings, user profiles, and blog comments. Whether you are an individual using the site to find local, sustainable foods around you, or a business representative connecting yourself with our active members, we’ve put together some guidelines to keep FarmPlate a nourishing site for all users. By using our Site you agree to uphold these guidelines to the best of your ability.

In General:

  • Comments and reviews are an opportunity for discussion. Threats, harassment, hateful speech or other offensive conduct is prohibited.
  • Please follow copyright law and make sure that all your contributions to FarmPlate are your own thoughts and images.
  • Please be respectful of privacy. Refrain from uploading close-up photographs of people without their permission and do not publicize the private information of others.
  • Do not share confidential information on the site.
  • To ensure that FarmPlate remains a helpful resource for everyone, please limit your placement of promotional content to your own profile page.
  • Please refrain from writing a review about your own business, employer or direct competitors. A successful review is based on an accurate, objective personal experience.

Event Guidelines:

  • Events suitable for listing on FarmPlate include annual or unusual farm events, local food sales or sustainability events. Post weekly or regular happenings on your business or user profile.
  • Promotional announcements are not events, and should be posted only on your user profile. For businesses, see the business announcement guidelines.
  • In order to keep FarmPlate Content relevant to users, please do not post events more than 6 months in advance of their scheduled date.

Business Announcement Guidelines:                                                                                                                  

  • Use the business announcement option to notify customers of an event being hosted by your business, special offers and promotions, or other updates relating to your business. This is an opportunity to keep other FarmPlate users abreast of your news and is not the appropriate place to share opinions on other businesses, solicit or respond to user reviews.   

Review Guidelines:

  • The most detailed, personal and well-reasoned reviews are the most useful. Think carefully before posting a review, and keep other users and consumers in mind as you write it.
  • Write reviews on your own personal experiences, rather than information you acquired from someone else.
  • Make a reasonable effort to ensure that your review is factually correct. State your opinion, but do not exaggerate or falsely represent your experience.
  • If you update your review, do not repeat what has already been said. If you would like to reiterate your appreciation, invite a friend to visit the business and write their own review. 
  • Business owners can comment directly on their reviews page. Please remember that this represents you and your customer care.  If someone has given you a bad review and you choose to publicly address it, offer suggestions toward a resolution rather than incentives or promotions.
  • Please make sure that your comments are relevant to the content within the post on which you are commenting.

Profile Guidelines:

  • Business profiles are the perfect opportunity to outline and identify your mission, making it faster and easier for the community to find you. For this reason, remember to keep your business or organization profile up to date. Any changes in business hours or other information can be easily adjusted. Keeping it current ensures your customers will be able to find you.
  • Individual profiles are an opportunity to tell people about yourself and elaborate on why you love local, sustainable food. The more other FarmPlate users feel like they know you, the more likely they will be to trust your opinions and reviews.
  • Remember that your reviews and event listings lead back to your profile page, so make sure your profile Content is an accurate reflection of you.

Photo Guidelines:

  • Please upload only your own photographs.  
  • Use captions to reflect your business or the experience you had while visiting a business.
  • If you are uploading a photo of a business, or your own business, remember that it should clearly reflect the business, what it offers, and what customers or clients enjoy.

Business Comment Guidelines:

  • Businesses interested in sharing information publicly can use the comment feature. While private messaging is well suited to addressing conflicts or other disputes, posting a comment can help to disseminate information in cases where an issue has become public.  
  • Do not use public comments to disparage or attack other businesses or users, post ads or offer incentives for users to change their reviews of your business.

b) Privacy

Your privacy is very important to us. Please see our Privacy Policy for important information regarding how you can use FarmPlate to share with others and how we collect and may use Your Content and information.  You represent that you have read and understood our Privacy Policy.

c) Premium Services 

Users or businesses who elect to upgrade their business profile pay an annual membership fee for a site membership (“Membership”) and become Members.  As a Member, you are permitted to post User Content to the Site in excess of such content that may be posted by a non-Member.  The aggregate amount of User Content that may appear at any time on the Site under Your name as a Member is limited.  

Your Membership is effective upon payment of the annual membership fee.  Membership is for a period of one year from the date of payment and will automatically renew for successive periods of one year each upon payment of the annual membership fee applicable at the time of renewal.

If you are making your payment online, it must be by credit card. If your payment is rejected by the credit card company for any reason then your Membership is of no force and effect and you may will not be permitted to access your Member benefits.  Any User Content that has been submitted may be deleted by Us at any time upon such rejection, in FarmPlate’s sole discretion.

No portion of the annual membership fee is refundable at any time for any reason.

FarmPlate reserves the right to modify the Membership terms at any time by amending the Site’s Terms of Service. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED USE OF THE SITE FOLLOWING OUR POSTING OF AN AMENDED AGREEMENT WILL CONSTITUTE YOUR AGREEMENT TO SUCH MODIFICATION.

We reserve the right, but do not have the obligation, to delete from the Site any content You submit that We consider in Our sole discretion to violate the Website Terms of Service or the Content Guidelines.

The Site is a provider of “interactive computer services” under the Communications Decency Act, 47 U.S.C. § 230, and as such, Our liability for defamation and other claims arising out of any postings to the Site by third parties is limited as described therein. We are not responsible for content or any other information posted to the Site by third parties. We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do We assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.

8.  SUGGESTIONS AND IMPROVEMENTS

By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback. 

9.  THIRD PARTIES

FarmPlate is not responsible for the availability of outside websites or resources linked to or referenced on the Site. FarmPlate does not endorse and is not responsible or liable for any content, information, advertising, products or other materials on or available from such websites or resources. You agree that FarmPlate shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by the use of such content, goods or services available on or through any such websites. 

We support the posting of links to our site by businesses and other websites intending to support or promote FarmPlate. By posting a link to the Site on your own personal or business website, you agree to represent FarmPlate accurately, to the best of your knowledge.

10.  DISCLAIMERS AND LIMITATIONS OF LIABILITY

General

You access and use the software and other materials on, or through, this Site solely at your own risk. FarmPlate offers no warranty on the reliability, stability or virus-free nature of such software. 

DISCLAIMER OF WARRANTY

WE DISCLAIM ALL WARRANTIES RELATING TO THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED IN THIS SITE UNLESS THE APPLICABLE LAW PRECLUDES US FROM DOING SO. ALL SUCH INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED IN THIS SITE INCLUDING ALL WARRANTIES IMPLIED BY APPLICABLE LAW AND CONDITIONS OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT. 

LIMITATION OF LIABILITY

WE WILL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING AMONG OTHER THINGS LOSS OF REVENUE OR PROFITS), PUNITIVE, OR EXEMPLARY, DAMAGES OF ANY KIND OR SUBJECT TO EQUITABLE OR INJUNCTIVE REMEDIES (WHETHER BASED ON BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) ARISING OUT OF:  (I) ACCESS TO, OR USE OF THIS SITE, OR DELAY OR INABILITY TO USE THIS SITE, OR ANY INFORMATION CONTAINED IN THIS SITE; OR,  (II) THE AVAILABILITY AND UTILITY OF PRODUCTS AND SERVICES PROVIDED BY US UNLESS THE DAMAGES ARE DUE SOLELY TO OUR GROSS NEGLIGENCE AND RELATE ONLY TO OUT OF POCKET EXPENSES ACTUALLY INCURRED BY YOU UP TO A MAXIMUM VALUE OF THE SERVICES PURCHASED BY YOU. NOTHING IN THIS LIMITATION OF LIABILITY SHALL EXCLUDE LIABILITIES NOT PERMITTED TO BE EXCLUDED BY APPLICABLE LAW.

11.  INDEMNIFICATION

You agree to indemnify and keep us indemnified from and against all costs, claims, demands, liabilities, expenses, damages or losses (including and without limitation the direct losses, consequential losses, loss of profit, loss of reputation, and all interest, penalties and legal and other professional costs and expenses) arising out of or in connection with your breach of these Terms of Service.

12.  FARMPLATE’S INTELLECTUAL PROPERTY

FarmPlate and its graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Verdesca LLC in the U.S. and/or other countries and may not be used in connection with any product or service in a manner that is likely to cause confusion.

13.  CHOICE OF LAW & VENUE

Your use of this Site and the operation of these Terms of Service shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its choice of law rules. Disputes arising under these Terms of Service will be adjudicated by the courts of the State of Delaware. 

14.  TERMINATION

a)  You may terminate the Terms of Service at any time by closing your account, discontinuing your use of the Site, and providing FarmPlate with a notice of termination.  If you close your account, we may continue to display Your Content in our sole discretion.

b)  We may close your account, suspend your ability to use certain portions of Site, and/or ban you altogether from the Site for any or no reason and without notice or liability of any kind.  Any such action could prevent you from accessing your account, the Site, Your Content, Site Content or any other related information. 

15.  DISPUTES

In the event that a dispute arises between you and FarmPlate, please contact FarmPlate at legal@farmplate.com. 

In the event of a dispute between one or more users or an outside party, you release FarmPlate and its employees from any and all claims, demands and damages, both actual and consequential. FarmPlate encourages users to report user-to-user disputes to local law enforcement officials or other arbitration entity as applicable.

16.  ENTIRE AGREEMENT

These Terms of Service and any of our legal notices, terms and conditions, policies and guidelines on this Site or linked to these Terms of Service constitute the entire agreement between you and us relating to your use of this Site, and therefore supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter. These Terms of Service may not be amended or modified except by making such amendments or modifications on this Site. 

17.  WAIVER

Our failure to enforce the strict performance of any provision of these Terms of Service or the documents it incorporates by reference will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms of Service or the documents it incorporates by reference.

18.  SEVERABILITY

If any provision (or part thereof), of these Terms of Service shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions. 

19. OTHER

The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.