|Terms & Conditions of Website Use|
|You must read and agree to the following Terms and Conditions of use before you access or otherwise use or participate in our website or any part thereof (“Site”), so that by accessing the Site, you accept these Terms and Conditions and you are granted access to use the Site solely in accordance with these Terms and Conditions. Should you object to any Terms and Conditions of the Site or any subsequent modifications thereto or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site.
Use of the Site
Your access to and use of the Site is subject to all applicable international, federal, state and local laws and regulations. The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of Sun Valley Harvest Festival (“SVHF”) and other parties. You are prohibited from using any Marks for any purpose without the written permission of SVHF or such third party which may own the Marks. All information, materials and content including any text, photographs, audio, video, illustrations and software programs made available by SVHF on or through the Site (“Content”) is protected by copyright and is the property of SVHF and other parties. Your use of the Site and Content is solely for personal use and as otherwise permitted under these Terms and Conditions. You are prohibited from modifying, creating derivative works of, copying, distributing, transmitting, displaying, publishing, selling or licensing any Content available on or through the Site for commercial, public or any other purposes. SVHF may, in its sole discretion, immediately terminate your access (with or without notice) to the Site should your conduct fail to conform to the Terms and Conditions.
Modifications to These Terms and Conditions
SVHF reserves the right to modify or discontinue the Site with or without notice to you without any liability to you. You agree to revisit the Terms and Conditions each time you visit the Site so that your continued use of the Site constitutes your acceptance of the Terms and Conditions at the time and any modifications thereof and your agreement to abide and be bound by the Terms and Conditions as modified.
You irrevocably assign to SVHF all rights in and to all text, photographs, illustrations, audio, video and any other content and information (including any ideas or expressions of ideas embodied therein) that you upload, store, process, post, transmit, distribute, publish or otherwise submit to or through the Site (“Submissions”). All comments, suggestions, graphics, ideas, and information, materials or other portion of the Submissions you submit to SVHF through this Site will become and remain the exclusive property of SVHF, including any future rights associated with such Submissions, even if these Terms and Conditions are later modified or terminated. You disclaim any proprietary rights in such Submissions, and you accept SVHF and/or its agencies unrestricted right to use them (or materials or ideas similar to them) in any medium or method of transmission now know or hereafter devised, without notice, compensation or other obligation to you or any other person. It also means that with the exception of your personally identifiable information, SVHF, its affiliates, licensees, assigns and/or agencies have no obligation to keep your Submissions (or any of the material contained therein) confidential. You will not be entitled to any remuneration for any use of your Submissions by us or our affiliates, licensees, assigns or any other person or entity. You further release and waive all claims against SVHF, its affiliates and/or agencies with respect to any intellectual property or other proprietary rights, rights of privacy and publicity, rights of attribution, or any other liability.
Code of Conduct
You agree not to use the Site for any unlawful purpose or activity.
You agree not to use the Site to solicit or advertise any commercial product or activity.
You agree not to use the Site to, or upload, store, process, post, transmit, distribute, publish or otherwise submit to or through the Site any Submissions which: (i) restrict or inhibit any other User from using the Site or contain a virus or other harmful component, (ii) violate any local, state, Federal or International laws or give rise to civil liability, (iii) violate or infringe any rights of third parties (including but limited to copyright, trademark, rights of privacy or publicity, or any other proprietary right), (iv) violate these Terms and Conditions, (v) impose an unreasonable or disproportionately large load on the Site or otherwise interfere with the Site, (vi) interfere with another Users use and enjoyment of the Site.
You agree not to use any trademarks, trade names, logos or other identifying marks (“Marks”) of SVHF, its affiliates, agencies or any third party for any purpose including without limitation to use as metatags on the Site or on other pages or sites on the World Wide Web without the written permission of SVHF, and, if applicable, the third party that owns the Marks.
You are solely responsible for the Submissions (including the content and other information contained therein) you transmit to or through the Site. Should your conduct fail to conform with these Terms and Conditions, we reserve the right to remove or edit any material or other portion of any Submission that does not (in our sole judgment) comply with these Terms and Conditions, revoke posting privileges and/or ban you from accessing the Site at our sole discretion. Our decisions are considered final. Although SVHF, its affiliates and/or its agencies may monitor postings and transmissions to the Site, it is not obligated to do so and will not be liable for any Submissions on the Site. Neither SVHF nor its affiliates or agencies endorse any information or other portion of any Submission uploaded, stored, processed, posted, transmitted, distributed, published or otherwise submitted to or through the Site.
SVHF has no discretion to alter, update, or control the content on a linked site. The fact that SVHF has provided a link to a linked site is not an endorsement, authorization, sponsorship, or affiliation with respect to such linked site, its owners, or its providers. SVHF disclaims any responsibility for the content available on any other internet sites linked to the site. Access to any other internet sites linked to the site is at your own risk. Linked sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions and other provisions that differ from the provisions provided on the site. Neither SVHF, nor its affiliates are responsible for such provisions and expressly disclaims any and all liability related to such provisions.
ALL CONTENT, PRODUCTS AND THIRD PARTY SERVICES ON THE SITE, OR OBTAINED FROM A LINKED SITE ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL SVHF, ITS AFFILIATES ORAGENCIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM THE SITE OR A LINKED SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE OR OBTAINED FROM A LINKED SITE.
LIMITATION OF LIABILITY FOR USE OF THE SITE AND LINKED SITES
YOU AGREE THAT SVHF, ITS AFFILIATES AND AGENCIES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE OR A LINKED SITE, EVEN IF SVHF IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT YOUR EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. SVHF CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE.
LIMITATION OF LIABILITY FOR GOODS AND SERVICES ARRANGED THROUGH THE SITE
ANY AND ALL CLAIMS REGARDING ANY FAILURE OR BREACH WITH RESPECT TO GOODS AND SERVICES OFFERED THROUGH THE SITE ARE LIMITED TO CLAIMS AGAINST ANY AND ALL SUCH PROVIDERS OF GOODS AND SERVICES. SVHF, ITS AFFILIATES AND AGENCIES HEREBY DISCLAIM ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OUR INDIRECT DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY SUPPLIER THROUGH THE SITE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENT OR OTHERWISE, OF SUCH SUPPLIER.
You agree to indemnify and hold SVHF, its agencies and their parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party related to, due to, or arising out of your use of the Site, the violation of these Terms and Conditions by you, or the infringement by you, or other user of the Site using your computer, of any intellectual property or other right of any person or entity.
Participation in Promotions of Advertisers
You may enter into correspondence with or participate in promotions of advertisers, if any, showing their products on the Site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. SVHF assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
The Terms and Conditions shall be governed by and construed in accordance with the laws of the state of Idaho, excluding its conflict of law provisions. You and SVHF agree to submit to the exclusive jurisdiction of the District Court of the Fifth Judicial District of the State of Idaho, in and for the County of Blaine. If any provision(s) of the Terms and Conditions 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. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. You acknowledge and agree that you will not seek to litigate any claims against SVHF, its affiliates on a class action or representative party basis and that you shall pursue such claims solely on an individual basis. You and SVHF agree that any cause of action arising out of or related to the Site must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.