Real Time Farms Terms of Service.

Date of last revision: April 1, 2011

Welcome to Real Time Farms! These website terms of service govern our relationship with you and others who interact with the website. By using or accessing Real Time Farms, you agree to these terms of service.

1. Introduction

Real Time Farms wants to make it as easy as possible for people to find farm fresh food. One way Real Time Farms does this is by allowing users ("Users") to post photos from farmers markets and farm stands ("Photos"). Those Photos then get tagged with information about the farm, market, and items in the Photos ("Information"). These posts are then grouped together into a live report and indexed to make it easy to find whatever it is you are looking for. The end result is that you can visit the site regularly to browse and search for what is fresh near you.

The website also allows restaurant owners and chefs ("Chefs") to create and edit a page on the website for their restaurant to show users where the food on their menu is sourced. Our tools allow Chefs to connect each ingredient and food product back to the farm that grew it. Chefs can then embed their Real Time Farms page on their own websites and publish changes to their social media sites.

2. Registration for Users and Chefs

In order for Users to share Photos and Information on the website, or for Chefs to create their own restaurant page, Real Time Farms requires you to create an account. By creating an account, you agree not to provide any false Personal Information (see Personal Information, Section 7 below), or create an account for anyone other than yourself or your restaurant without permission. If we disable your account, you may not create another one without our permission. Please keep your information up to date.

3. Sharing Photos and Information

In order for Real Time Farms to further its mission, it is important that the Photos and Information you provide to the website can be shared and used by Real Time Farms and others. So, by uploading Photos and posting Information to the website you agree that you are licensing this work to Real Time Farms and others under a Creative Commons Attribution-Noncommercial License (the "License"). The term "Information" does not include your Personal Information. Our terms of service concerning your Personal Information are outlined in Section 7 below.

For Users. In order for Real Time Farms to further its mission, it is important that the Photos and Information that Users provide to the website regarding farms, markets, and food items can be shared and used by Real Time Farms and others. So, by uploading Photos and posting Information to the website, Users agree that they are licensing this work to Real Time Farms and others under a Creative Commons Attribution-Noncommercial License (the "CC License"). The term "Information" does not include Personal Information. Our terms of service concerning Personal Information are outlined in Section 7 below.

The CC License allows Real Time Farms and others to use User Photos and Information subject to a couple of conditions. First, Real Time Farms and others can only use your work for noncommercial purposes. Real Time Farms needs to pay the bills, however, so you agree that our commercialization of the website as a whole, as opposed to any individual Photo or Information, is not a commercial purpose. You also agree that we can use your Photos and Information for purposes of promoting or advertising Real Time Farms regardless if such promotion results in income to us. Second, Real Time Farms and others must credit the work to you. Your credit will appear as "[Your User Name] via Real Time Farms" with a hyperlink to the Real Time Farms homepage where possible.

A further explanation of the License can be read here., and the full text of the License (i.e., the legalese) can be read here. Please do not upload Photos or post Information to the website if you do not want them to be subject to the License.

For Restaurants. If you are a Chef posting (a) photos of your restaurant, (b) a description your restaurant, or (c) your restaurant menus to your restaurant page on the website, these postings are not subject to the CC License, and are not available for others to use (for noncommercial purposes or otherwise) under these terms of service. Rather, by posting such content you are granting Real Time Farms, and only Real Time Farms, a perpetual, nonexclusive right to use such content on the website. Any other photos or information you post, including any photos of farms and other information regarding your food sourcing, are subject to the CC License. Information regarding your food may be shared by Real Time Farms pursuant to Section 8 below.

4. Using the Website

We do our best to keep Real Time Farms a safe place, and to maintain a positive user experience, but we cannot guarantee it. We need your help to do that, so by using the website you agree that you will not:

  • Use the website in a way that is not consistent with the mission of Real Time Farms.
  • Collect users' content, or otherwise access the website, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
  • Upload viruses or other malicious code.
  • Post content that is hateful, disparaging, pornographic, or obscene.
  • Use the website to do anything unlawful, misleading, malicious, or discriminatory.
  • Do anything that could disable, overburden, or impair the proper working of the website.

5. Respect Other People's Rights

Please respect other people's rights. You may not post content (e.g. Photos or Information) or take any action on the website that infringes or violates someone else's rights or otherwise violates the law. We can remove any content you post on the website if we believe that it violates these terms of service.

If you believe your intellectual property rights ("IP rights") are being infringed, you may send us notice of this through our Report Infringement page, which complies with Title II of the Digital Millennium Copyright Act. If we remove your content for infringing someone else's IP rights, and you believe we removed it by mistake, we will provide you with an opportunity to respond. If you repeatedly infringe other people's IP rights, we will disable your account when appropriate.

6. Mobile

Real Time Farms allows users to upload Photos and Information from their mobile devices. Our mobile services are free but please be aware that your carrier's normal rates and fees will still apply.

7. Personal Information

If you are a User, when you sign up for Real Time Farms you provide us with a display name and user name and, at your option, your email address, current town, website, and brief description about yourself. If you are a Chef, you provide us with your name, title, location, email address, telephone number (optional), and the name of your organization. We also give you the option of adding a picture of yourself. We keep track of some of the actions you take on Real Time Farms, such as your uploading and posting history. All of this information which is specific to you is ersonal Information. All of this information which is aggregated with other users, and cannot be used to identify you personally, is not ersonal Information. When you access Real Time Farms from a computer or mobile phone we may collect information from that device about your browser type, location, and IP address, as well as the pages you visit. We also use "cookies" (small pieces of data we store for an extended period of time on your computer or mobile device) to make Real Time Farms easier to use. For example, we use them to store your user name (but never your password) to make it easier for you to login. You can remove or block cookies using the settings in your browser, but in some cases that may impact your ability to use the website. We don share your email address with third-parties unless legally obligated to do so. All other Personal Information you share publicly, including your display name and activity on the website and, if provided by you, your current town, website, personal photo, and description, are viewable by third-parties. We may use your email address to contact you with service-related announcements from time to time, or if in the future we decide to start a general newsletter. You may opt out of all communications except essential updates.

8. Data

In furtherance of the mission of Real Time Farms, the data you provide to the website, including, without limitation, Information, Photos, tags, locations, farms, markets, sourcing, user activities, etc., will be shared by Real Time Farms for use by others through an application programming interface (otherwise known as an PI . The API will allow others, principally developers, to access, analyze, and make use of the data with other programs and applications, subject to Real Time Farms Data API terms and conditions. We may also share aggregate information about our users and activities on the website with third parties to help improve or promote the website.

9. Termination

If you violate the letter or spirit of these terms of service, or otherwise create risk or possible legal exposure for Real Time Farms, we can terminate your user account. We can also terminate your user account if you don use the website for over a year. If we terminate your user account, we will attempt to notify you by email. If we terminate your account for nonuse, we will give you a limited opportunity to reactivate your account. You may also delete your account at any time. In all such cases, these terms of service will no longer apply to you as a former account holder, although you agree that Sections 3, 7, 8, 9 10 11and 12 survive any termination.

10. Disputes

You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to these terms of service or the website exclusively in a state or federal court located in Washtenaw County, Michigan. The laws of the State of Michigan will govern these terms of service, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Washtenaw County, Michigan for the purpose of litigating all such claims.

If anyone brings a claim against us related to your actions, content on the website, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

WE TRY TO KEEP THE WEBSITE UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING THE WEBSITE "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE WEBSITE WILL BE SAFE OR SECURE. THE WEBSITE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THESE OF SERVICE OR THE WEBSITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THE WEBSITE'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

11. Definitions

By "the website" we mean the features and services we make available, including through our website at www.realtimefarms.com and any other Real Time Farms branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions) and other media, software, devices, or networks now existing or later developed.

By "us," "we" and "our" we mean Real Time Farms, LLC, a Michigan limited liability company, and our successors, assigns, and sublicensees.

By "Information" we mean facts and other information you provide to the website other than Personal Information.

By "Personal Information" we mean information that can identify you specifically such as your display name and user name and, if you've provided this information to us, your email address, current town, website, description about yourself, and personal photo.

By "content" we mean Photos and Information but also any other information you provide to the website including Personal Information.

By "data" we mean the aggregate content from the website.

By "post" we mean post on the website or otherwise make available to us.

By "use" in regards to content we mean use, copy, publicly perform or display, distribute, modify, translate, remix, and create derivative works of.

By "terms of service" we mean these written terms of services as well as other instructions and policies communicated to you on the website.

By "you" we mean Users, Chefs, and others accessing or using the website, unless the context dictates otherwise.

12. Other

These terms of service make up the entire agreement between the parties regarding the website, and supersede any prior agreements. If any portion of these terms of service is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these terms, it will not be considered a waiver. Any amendment to or waiver of these terms must be made in writing and signed by us. You will not transfer any of your rights or obligations under these terms to anyone else without our consent. All of our rights and obligations under these terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Nothing in these terms shall prevent us from complying with the law. These terms do not confer any third party beneficiary rights.