Terms & Conditions

Terms & Conditions

 

Introduction; Consent to Terms

These Terms and Conditions apply to AgWeb.com and all Farm Journal Media websites, including, but not limited to, FarmJournal.com, TopProducer.com, BeefToday.com, DairyToday.com, MyMachinery.com, Content Feeds, other syndicated distribution of content, Podcasts, API Content, widgets, the Farm Journal Media Community and other social networking features (collectively, the " AgWeb.com and all Farm Journal Media websites " or the "Service" or “We”). Please read these Terms and Conditions before using the AgWeb.com and all Farm Journal Media websites, By using the AgWeb.com and all Farm Journal Media websites , you agree to be bound by these Terms and Conditions and the Privacy Policy. If you do not agree to these Terms and Conditions and the Privacy Policy, please exit the Service and do not use the Service or any of its features.

We reserve the right, at our discretion, to modify, add or delete portions of these terms at any time by posting updated Terms and Conditions and/or an updated Privacy Policy on the AgWeb.com and all Farm Journal Media websites. Please check these Terms and Conditions and the Privacy Policy frequently for updates. Any modifications, additions or deletions to these Terms and Conditions or the Privacy Policy shall be effective immediately upon posting. Your continued use of the Service following the posting of updated Terms and Conditions or an updated Privacy Policy will mean that you agree to those changes.

Please note that these Terms and Conditions and the Privacy Policy are separate and distinct from the terms of use and privacy policy governing any web sites that may link to or from the AgWeb.com and all Farm Journal Media websites.

Copyrights

The contents of the AgWeb.com and all Farm Journal Media websites are protected by U.S. and international copyright laws. The contents of the AgWeb.com and all Farm Journal Media websites, including Podcasts, Content Feeds, API Content and other features, are owned by or licensed to us. In the case of User Materials (as defined in the "User Materials" section below), the contents are licensed to the AgWeb.com and all Farm Journal Media websites by the user. You may not reproduce, distribute, republish, upload, transmit, display, prepare derivative works, publicly perform, sell, transfer, assign, license or use for commercial purposes any copyrighted material on the AgWeb.com and all Farm Journal Media websites without our prior written consent, except as provided below. All rights not expressly granted in these Terms and Conditions are reserved to the AgWeb.com and all Farm Journal Media websites.

You may copy, download one copy on a single computer, and print a limited amount of content, for your personal, non-commercial use only, provided that (a) you include without modification all copyright and other proprietary notices contained in the content, (b) you do not modify the content, (c) you do not use the content in a manner that suggests we promote or endorse your, or any third party's, causes, ideas, web sites, products or services, and (d) you do not use the content in any way that is unlawful or harmful to any other person or entity. In addition, you may use widgets and tools on the AgWeb.com and all Farm Journal Media websites that allow selected User Materials to appear on your personal, noncommercial web site, weblog or other application, subject to the conditions in the preceding sentence.

No quotes from any material on the AgWeb.com and all Farm Journal Media websites may be used in any media without attribution to us.

You may use the Content Feeds, API Content, Podcasts and other features of the AgWeb.com and all Farm Journal Media websites only as expressly permitted in the relevant paragraphs below in these Terms and Conditions.

Any other use of AgWeb Web Site content requires our prior written permission.

Trademarks

AgWeb Web Site logos and other names and logos are service marks of Farm Journal, Inc., or other entities that have licensed the use of their names and logos to the Service. All rights are reserved by the respective owners. You may not use any AgWeb Web Site-provided service marks, logos or graphics, without our prior written consent, except that you shall have the right, and obligation, to use any AgWeb Web Site or other service mark or logo included in, or required to be used in connection with, API Content, Content Feeds, AgWeb's Media Player, or other functionalities of the AgWeb.com and all Farm Journal Media websites, subject to the requirements set forth in these Terms and Conditions for the use of the API Content, Content Feeds or other functionalities of the AgWeb.com and all Farm Journal Media websites.

User Materials

Through the  Community portion of the Service, through the Contact Us page, and through other features of the AgWeb Websites, users may post, upload, transmit and/or otherwise submit ("Submit") comments, messages, other text, photos, images, story ideas, essays, and other content and materials, and make recommendations ("User Materials"). You acknowledge that User Materials may be routed through our servers, the servers of one or more third parties on our behalf, and the Internet, and may be viewed by our staff and on the Internet by the general public. You acknowledge that the AgWeb.com and all Farm Journal Media websites, the AgWeb Community, and other features of the Service, are for public and not private communications.

We reserve the right to screen, refuse to post, remove or edit User Materials at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so. If we elect to screen User Materials, there may be a delay in the posting of such content to allow for a review process. If we have questions about your User Materials, we have the right, but not the duty, to contact you for further information, including, for example, to verify that you own the copyright or otherwise have the rights to post the User Materials.

You retain the copyright and other ownership rights in any User Materials that you submit on or through the AgWeb.com and all Farm Journal Media websites. However, by submitting User Materials on or through the AgWeb.com and all Farm Journal Media websites, you hereby grant us and our licensees a non-exclusive, perpetual, royalty-free, worldwide, transferable license to use, copy, sublicense, modify, transmit, publicly perform, display, create derivative works of, host, index, cache, tag, encode, and/or adapt your User Materials in any and all media formats or channels, whether now known or hereafter devised, including, but not limited to, the AgWeb.com and all Farm Journal Media websites, the Service, third party licensee web sites, over the air (on radio or television), and on mobile platforms, without payment and without further consent or notice to you. You further grant the AgWeb.com and all Farm Journal Media websites and their licensees the right to contact you in connection with your User Materials and to use your name, city and state and other information that you have provided in connection with the User Materials.

In addition, you grant each user of the AgWeb.com and all Farm Journal Media websites a non-exclusive, royalty-free, worldwide license to access your User Materials on or through the AgWeb.com and all Farm Journal Media websites, to use your User Materials pursuant to these Terms and Conditions, and as permitted by the functionality of the AgWeb.com and all Farm Journal Media websites (such as through widgets and API Content distribution).

For any User Materials you Submit on or through the AgWeb.com and all Farm Journal Media websites, you agree to abide by the Terms and Conditions set forth below and any the Social Networking Discussion Rules[WB1]  (for User Materials Submitted through the AgWeb Community or in response to an AgWeb Blog). You further agree to the representations and warranties, and indemnification obligations, set forth in the "Representations; Indemnity" section below.

Framing

Framing of the AgWeb.com and all Farm Journal Media websites is prohibited.

Links to AgWeb.com and all Farm Journal Media websites

We encourage and permit links to content on AgWeb.com and all Farm Journal Media websites. However, we are committed to the highest journalistic ethics and standards and to independent journalism, both in fact and appearance. Therefore, the linking should not (a) suggest that we promote or endorse any third party's causes, ideas, web sites, products or services, or (b) use AgWeb Web Site content for inappropriate commercial purposes or in any way that is unlawful or harmful to any other person or entity. We reserve the right to withdraw permission for any link.

Links to Third Party Sites

AgWeb.com and all Farm Journal Media websites provide links to Internet sites maintained by third parties. We have no control over those third-party web sites and do not endorse the content, operators, products or services of such sites.  AgWeb.com and all Farm Journal Media websites are not responsible or liable for the content, operators, availability, accuracy, quality, advertising, products, services or other materials on or available from such sites. We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on or through such sites.

Use of Third Party Services

In some cases, features on AgWeb.com and all Farm Journal Media websites are offered through tools provided by a third party over which we have no control, influence, or oversight. You should only use these third party tools if you agree to be bound by their respective terms of use. Your use of these sharing features indicates your acceptance of the Third Party End User Agreements.

Content Feeds

AgWeb.com and all Farm Journal Media websites provide Really Simple Syndication (RSS) Feeds and provide or may provide other content feeds, consisting of a selection of headlines, summaries or text blurbs, and links to full stories, which are delivered to users using Really Simple Syndication technology, other XML (extensible Markup Language) technology, or other syndication technology (individually, a "Content Feed" and collectively, the "Content Feeds"). The Content Feeds are available for personal, noncommercial use or for noncommercial use on web site, weblog or similar applications, provided that (a) the links redirect the user to the AgWeb.com and all Farm Journal Media websites when the user clicks on them, (b) you do not insert any intermediate page, splash page or other content between the links and the applicable AgWeb Web Site page, (c) the use or display does not suggest that AgWeb.com and all Farm Journal Media websites promote or endorse any third party causes, ideas, web sites, products or services, (d) the fundamental meaning of the content contained in the Content Feeds, including the headlines and summaries, is not changed or distorted, and (e) you do not modify the stories or other content that are linked to by the Content Feeds. If you display an entire Content Feed on your personal or Corporation web site, weblog or similar application, (a) you may not redistribute the Content Feed, and (b) you must provide attribution to the AgWeb Web Site or the relevant Content Feed provider adjacent to the Content Feed, by including "AgWeb News Headlines" or "AgWeb" or the name of the relevant Content Feed provider in text adjacent to the Content Feed. Any other use of AgWeb Web Site trademarks or service marks, the names or service marks of any Content Feed provider, or of the Content Feeds requires the prior written permission of the AgWeb.com and all Farm Journal Media websites. For use of the stories or other content that are linked to by the Content Feeds, please see the Copyrights section of these Terms of Use. We reserve the right to discontinue providing Content Feeds and to require that you cease accessing or using the Content Feeds, or any content contained in the Content Feeds at any time for any reason.

API Content

AgWeb.com and all Farm Journal Media websites enable users to access certain content, including audio, text, images and other content through an application programming interface (API). Content accessed through the API ("API Content") is available to registered users only for personal, non-commercial use, or for noncommercial online use.

If you have registered with AgWeb.com and all Farm Journal Media websites, you may use the API Content for personal, non-commercial use, provided that (a) your use is for non-promotional, internet-based purposes only, including desktop gadgets, blog posts and widgets, but excluding e-newsletters; (b) all links to API Content redirect the user to the AgWeb Web Site when the user clicks on them. All audio must be streamed from the originating servers (through direct links that redirect the user to the AgWeb.com and all Farm Journal Media websites; (c) the date of all API Content is displayed with that content; (d) your use or display of API Content must not suggest that the AgWeb Web Site promotes or endorses you or any third party or the causes, ideas, web sites, products or services of you or any third party; (e) you shall not modify any API content, headlines, links or metadata included in the API Content; (f) you shall not use the API Content in any way that changes or distorts the fundamental meaning of the content; (g) you may use only a limited amount of content from the API; you may not re-create the AgWeb.com and all Farm Journal Media websites or any portion thereof; (h) you may not insert any intermediate page, splash page or other content between the links and the applicable API Content source's web page; and (i) you must provide attribution for the content source (AgWeb Web Site), by including "AgWeb" in text in connection with the API Content, and provide a link back to the source's web site. Any other use of the AgWeb.com and all Farm Journal Media websites’ trademarks or service marks, the names or service marks of any API Content source, or of the API Content requires our prior written permission.

We reserve the right to include or apply sponsorship and / or advertising to any API Content and to track usage of the API Content. We reserve the right to discontinue providing API Content and to require that you cease accessing or using the API Content, or any content contained in the API Content, at any time for any reason.

Podcasts

AgWeb.com and all Farm Journal Media websites provide podcasts (the "Podcasts") consisting of selected audio content that is provided over the Internet using an XML feed and an associated audio file so that the audio file may be downloaded and played from a user's computer or transferred to a portable listening device. Podcasts are available for personal, noncommercial use only. You may download, copy and/or transfer to a portable listening device the Podcasts for your personal, non-commercial use only, provided that you do not modify the content. You also may link to Podcasts from your web site, weblog or similar application, as long as (a) the links redirect the user to the AgWeb.com and all Farm Journal Media websites when the user clicks on them, (b) you do not insert any intermediate page, splash page or other content between the links and the applicable AgWeb Web Site page, (c) the linking does not suggest that the AgWeb Web Site promotes or endorses any third party's causes, ideas, web sites, products or services, (d) you do not use AgWeb Web Site content for inappropriate commercial purposes, and (e) you provide attribution to the AgWeb Web Site adjacent to the link. We reserve the right to discontinue providing Podcasts and to require that you cease accessing or using the Podcasts, or any content contained in the Podcasts, at any time for any reason.

AgWeb Media Player

We offer an audio and video player for accessing audio and video content on the AgWeb.com and all Farm Journal Media websites (the "AgWeb Media Player"). The AgWeb Media Player may be embedded or displayed on your personal web site, weblog, or similar application for personal use, provided that (a) your use is for non-promotional, internet-based purposes only, including desktop gadgets, blog posts and widgets, but excluding e-newsletters; (b) all links redirect the user to the AgWeb.com and all Farm Journal Media websites when the user clicks on them, and all content is streamed from the originating AgWeb Web Site servers; (c) you shall not add to, delete or modify any audio, video, headlines, text, links, or other content contained in the AgWeb Media Player; (d) you shall not delete or modify the AgWeb logos contained in the AgWeb Media Player; (e) your use or display of the AgWeb Media Player must not suggest that AgWeb.com and all Farm Journal Media websites promote or endorse you or any third party or the causes, ideas, web sites, products or services of you or any third party; (f) you shall not use the AgWeb Media Player in any way that changes or distorts the fundamental meaning of the content; and (g) you may not insert any intermediate page, splash page or other content between the links contained within the AgWeb Media Player and the AgWeb.com and all Farm Journal Media websites. Any other use of AgWeb Web Site trademarks or service marks, the AgWeb Media Player, or of any content contained within the AgWeb Media Player requires our prior written permission. We reserve the right to discontinue providing the AgWeb Media Player and to require that you cease accessing or using the AgWeb Media Player, or any content contained in the AgWeb Media Player, at any time for any reason.

Social Networking Discussion Rules

By using the Service, including by registering for the Service, participating in the AgWeb Web Site Community, Submitting User Materials through the AgWeb Site Community, the Contact Us[WB2]  page or other means, using Content Feeds, API Content, or Podcasts, or by using any other features of the AgWeb.com and all Farm Journal Media websites, you agree to the following rules:

1.                    You must be at least eighteen (18) years of age to register for or participate in the AgWeb Community or other social networking features of the AgWeb.com and all Farm Journal Media websites; submit any User Materials or personally identifiable information on or through the AgWeb.com and all Farm Journal Media websites; participate in any online contests; and/or place an order on the AgWeb Online Shop. If you are between the ages of 13 and 18, you may browse the AgWeb.com and all Farm Journal Media websites or register for email newsletters or other features of the Service (excluding the AgWeb Community) with the express consent of your parent(s) or guardian(s), so long as you do not submit any User Materials. If you are under 13 years of age, please do not send any information about yourself, including your name, address or email address. If we discover that we have collected any personally identifiable information from a child under the age of 13, we will remove that information from our database as soon as possible.

2.                    You may not submit any User Materials anonymously or under a false name or a false e-mail address. You may not impersonate another user or provide any false information about yourself.

3.                    You may not submit any User Materials or links to material that is libelous, defamatory, false, obscene, indecent, lewd, pornographic, violent, abusive, threatening, harassing, discriminatory, in violation of the law, harmful to children, in violation of third party privacy rights, or that constitutes hate speech or a personal attack.

4.                    You may only submit User Materials for which you have the copyright or other necessary rights and permission to distribute electronically. You may not violate, plagiarize, or infringe on the rights of third parties, including copyright, patent, trademark, trade secret, privacy, personal, publicity, moral or proprietary rights. You promise and represent that you own or have all necessary rights and permissions to use, distribute and authorize AgWeb.com and all Farm Journal Media websites and their users (to the extent permitted by these Terms and Conditions) to use and distribute any User Materials.

5.                    The Service can only be used for personal, non-commercial purposes. You cannot submit any material containing any solicitation of funds, advertising, promotion, solicitation for goods and services, or recruiting. You may not use the AgWeb.com and all Farm Journal Media websites for political campaigning, recruiting votes, or soliciting support for legislative or other initiatives.

6.                    You may not submit any software or other material which contains a virus, worm, Trojan horse or other harmful computer code, files, scripts, agents, programs or device. You may not use the Service to distribute chain letters, mass mailings, "spam," or duplicative or unsolicited messages in violation of applicable laws, or to gather usernames and/or e-mail addresses for the purpose of sending unsolicited email or other communications to other users of the Service.

7.                    You may not interfere with or disrupt the integrity or performance of the AgWeb.com and all Farm Journal Media websites or any portion or contents thereof, or use these Web Sites in any way which degrades their reliability, speed or operation, or their underlying hardware or software. In addition you may not attempt to gain unauthorized access to AgWeb.com and all Farm Journal Media websites or related systems or networks.

8.                    By submitting any User Materials on or through the Service, you hereby grant AgWeb.com and all Farm Journal Media websites, their licensees, and users of these Web Sites (to the extent permitted by the Terms and Conditions) the licenses to use those User Materials as set forth above in the "User Materials" section.

9.                    You are solely responsible for any User Materials submitted using your account. We does not and cannot review all User materials submitted by you or others and are not responsible for any User materials submitted by you or others on or through the Service. However, we has the right (but not the obligation) to review, screen, delete, edit and/or move any User Materials that we deem, in our sole discretion, to be in violation of the Terms and Conditions of the Service, the Social Networking Discussion Rules (for User Materials Submitted through the AgWeb Community), or for any other reason, as determined in our sole discretion.

10.                 We are not responsible or liable for any User Materials submitted by you or a third party, including any User Materials, on or through the Service. We cannot verify the accuracy of statements that users make or place on or through the Service, and do not guarantee that any User Materials have been submitted with the permission of the copyright or proprietary owner or are otherwise in compliance with these Terms and Conditions or the Social Networking Discussion Rules (for User Materials Submitted through the AgWeb Community).

11.                 By using the Service, you agree to abide by these rules. You acknowledge that we have the right (but not the obligation) to review, screen, delete, edit or move content or material that we deem, in our sole discretion, to be in violation of these Terms and Conditions, the Social Networking Discussion Rules (for User Materials Submitted through the AgWeb Community), or for any other reason. You further acknowledge that we have the right to limit or terminate your, or any other person's, access to or registration in the Service for any reason, in its sole discretion, including violation of these Social Networking Discussion Rules or the Terms and Conditions.

12.                 You agree to comply with the Social Networking Discussion Rules, as we may update them from time to time.

Representations; Indemnity

You represent and warrant that (a) if you Submit any User Materials or personally identifying information on or through the Service, you are at least 18 years of age, (b) you have obtained all clearances, releases, licenses and rights to any User Materials you Submit on or through the Service that may be necessary for their use as contemplated by the AgWeb.com and all Farm Journal Media websites and these Terms and Conditions, (c) there are no encumbrances or restrictions on the User Materials or their use as contemplated by the AgWeb.com and all Farm Journal Media websites and these Terms and Conditions, (d) the User Materials, and their use by AgWeb.com and all Farm Journal Media websites, their licensees, and users (pursuant to these Terms and Conditions) does not and will not defame any person or entity, or violate or infringe upon the copyright, trademark, patent, trade secret, privacy, reputation, creative or other rights of any person or entity or violate these Terms and Conditions or the Social Networking Discussion Rules (for User Materials Submitted through the AgWeb Community, and (e) your use of the Service complies with these Terms and Conditions. You agree that you will indemnify and hold harmless the AgWeb.com and all Farm Journal Media websites and their respective directors, officers, employees, members, licensees from any and all claims, liabilities, costs or expenses, including reasonable attorneys' fees, arising from (1) your breach of any of the above representations and warranties, (2) your use of the Service, (3) the User Materials you have Submitted on or through the Service, or (4) the Service’s publication, distribution or use of such User Materials, or the authorized publication, distribution or use of your User Materials by the Service or its licensees and users.

Sponsorship Disclosure

AgWeb.com and all Farm Journal Media websites offer content, tools, information and other materials written or maintained by AgWeb.com, Farm Journal Media and its editorial partners. Forms of sponsorships, including paid advertising, may be accepted for some of these materials.

Compensation for sponsorship of AgWeb-branded materials offers the sponsoring client no input regarding content, including editorial phrasing, included images, topics, etc.

The views and opinions expressed on AgWeb-branded material are that of either AgWeb.com/Farm Journal Media and/or the specific author(s) and are not influenced by advertising partners.

Disclaimer

THE SERVICE AND ANY CONTENT, MATERIALS, USER MATERIALS, FEATURES OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE SERVICE ARE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DO WE MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR ENDORSE, RECOMMEND, OR MAKE ANY WARRANTIES AS TO THE ACCURACY, RELIABILITY OR CONTENT OF, ANY CONTENT, INFORMATION, MATERIALS, USER MATERIALS, FEATURES, SERVICE, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH THE SERVICE OR THROUGH LINKS ON THE SERVICE. USE OF THIS SERVICE IS ENTIRELY AT YOUR OWN RISK.

CONTENT ON THE SAGWEB.COM AND ALL FARM JOURNAL MEDIA WEBSITES IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL ADVICE OF ANY KIND.

LIMITATION OF LIABILITY

IN NO EVENT WILL THE AGWEB.COM AND ALL FARM JOURNAL MEDIA WEBSITES, FARM JOURNAL, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR THIRD PARTY PROGRAM PRODUCERS AND PODCAST PROVIDERS BE LIABLE (A) FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, (B) RELATING TO ANY CONTENT OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE SERVICE, OR (C) IN CONNECTION WITH ANY THIRD PARTY CONTENT OR MATERIALS (INCLUDING USER MATERIALS) OR THE DEFAMATORY, INFRINGING, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT WILL AGWEB.COM, FARM JOURNAL, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR THIRD PARTY PROGRAM PRODUCERS AND PODCAST PROVIDERS BE LIABLE FOR ANY AMOUNT IN EXCESS OF $100.

RIGHT TO CHANGE AGWEB.COM AND ALL FARM JOURNAL MEDIA WEBSITES

We has the right to change the AgWeb.com and all Farm Journal Media websites, terminate or cease providing the AgWeb.com and all Farm Journal Media websites, or delete content, materials or features in any way, at any time or for any reason or no reason.

Online Shopping

In the event a product or event available on or through the AgWeb.com or other Farm Journal Media websites is listed at an incorrect price or with incorrect information, we will have the right to refuse or cancel any orders placed for product listed at the incorrect price. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We may charge and withhold the applicable sales tax for orders. Otherwise, you are solely responsible for all sales taxes, or other taxes, on orders shipped to you.

Digital Millenium Copyright Act (DMCA) Notices; Copyright Agent

AgWeb.com and all Farm Journal Media websites respect the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement by any content or material on the AgWeb.com and all Farm Journal Media websites, please provide the following information in writing to our  Charlene Finck, Senior Vice President Farm Journal Media  see 17 U.S.C. Section 512(c)(3) for further detail):

1.                       a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright.

2.                       a description of the copyrighted work that you claim has been infringed.

3.                       a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material.

4.                       information so that we can contact you, such as address, telephone number and e-mail address.

5.                       a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

6.                       a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.

If you believe that any content or materials you posted, uploaded or Submitted to the AgWeb.com and all Farm Journal Media websites, that were subsequently removed from the AgWeb.com and all Farm Journal Media websites, or to which access was disabled, were improperly removed or disabled, please provide the following Counter-Notification to our Copyright Agent (see 17 U.S.C. Section 512(g) for further detail):

1.                       your physical or electronic signature.

2.                       a description of the materials that have been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

3.                       a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

4.                       your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement.

Only DMCA notices should be sent to the AgWeb DMCA Copyright Agent. For other comments or questions regarding the AgWeb.com and all Farm Journal Media websites, please contact us through E-mail at Copyright@farmjournal.com .

International Users

The Service is controlled and operated within the United States. We make no representation that content, materials or products available on or through the Service are appropriate or available for use outside of the United States. If you access the Service from a location outside the United States, you are responsible for compliance with applicable laws, including local laws regarding online conduct and content and U.S. export laws and regulations.

Miscellaneous

These Terms of Use, together with the Privacy Policy and Social Networking Discussion Rules, represent the entire understanding of the parties regarding the use of the AgWeb.com and all Farm Journal Media websites and supersede any previous documents, correspondence, conversations, or other oral or written understanding related to the use of the AgWeb.com and all Farm Journal Media websites..

These Terms and Conditions shall be governed by and construed under Pennsylvania law without regard to its choice of law rules, and, where applicable, the laws of the United States. To the extent permissible by law, any disputes under these Terms of Use or relating to the Service shall be litigated in the local or Federal courts located, and you hereby consent to personal jurisdiction and venue, in the State of Pennsylvania. A modification or waiver of a part of these Terms of Use shall not constitute a waiver or modification of any other portion of the Terms of Use. If for any reason any provision of these Terms of Use is found unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of the Terms of Use will continue in full force and effect.

Questions

If you have any questions about these Terms and Conditions, please contact AGWEB at mailto:AgwebHelp@Farmjournal.com.


 [WB1]This term is not defined.  I am assuming that these refer to Rules further down in the document, but not labeled correctly.  If they are a separate document, please advise.

 [WB2]This links to the “Advertise with AgWeb” page.  What is the correct link?