Community Site Terms and Conditions of Use
1.1 The following AgTechXChange Site Terms and Conditions of Use govern your use of the AgTechXChange (“Site”) which is owned by Feed the Future Partnering for Innovation (“Partnering for Innovation”). By accessing, posting, transmitting, or submitting messages and other materials (which include uploading files, photos, any digital content, code, inputting data or any other materials, “blogging”, or engaging in any form of communication in connection with this Site) (collectively “Content”) to web blogs, forums, wikis, bulletin boards, chat rooms or other public areas within, or in connection with, this Site (collectively “Forums”), you agree to and are bound by the terms and conditions set forth in this document and to any changes thereto that Partnering for Innovation may publish from time to time (collectively, the “Terms and Conditions”). If you do not agree to all of the provisions contained in these Terms and Conditions, do not access or use this Site. Anyone who registers with the Site shall be defined as a “Member” for the purposes of these Terms and Conditions.
YOU CERTIFY THAT YOU ARE NOT A MINOR IN YOUR JURISDICTION AND THAT YOU ACCEPT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH HERETO. ACCESSING OR USING THE SITE WILL BE AN IRREVOCABLE ACCEPTANCE OF THESE TERMS AND CONDITIONS. Partnering for Innovation does not encourage, solicit, or permit visitors who are known to be minors to become a Member of or to visit the Site. If you are a minor, you must have your parent or legal guardian agree to the provisions of these Terms and Conditions on your behalf.
1.2 Modification of these Terms and Conditions. Partnering for Innovation may modify these Terms and Conditions from time to time at its sole discretion. Your continued access or use of the Site, Forums, Content or any materials or services on the Site, constitutes your acceptance of any changes. Your access and use of the Site, Forums, Content, materials, and services will be subject to the most current version of the Terms and Conditions, as well as any additional rules and guidelines posted on the Site at the time of such use. Please regularly check the “Terms and Conditions” link on the Site to view the most current terms.
2. CONTENT POSTED ON THE SITE
2.1 You are welcome to post, transmit, or submit Content to Forums in accordance with these Terms and Conditions. You are solely responsible for such Content. Partnering for Innovation accepts no responsibility whatsoever in connection with or arising from such Content.
2.2 Partnering for Innovation does not endorse and has no control over the Content submitted by others to Forums. Content submitted to Forums is not necessarily reviewed by Partnering for Innovation prior to posting and does not necessarily reflect the opinions or policies of Partnering for Innovation. Partnering for Innovation makes no warranties, express or implied, as to such Content or its accuracy and reliability. Nonetheless, Partnering for Innovation reserves the right to prevent you from submitting Content to Forums and to edit, restrict, or remove such Content for any reason at any time. Partnering for Innovation may remove any form of cursing or profanity contained in the Content with a swear filter application.
2.3 Partnering for Innovation or its designated Members do not actively monitor the Forums for inappropriate Content. If, at any time, at its sole discretion, Partnering for Innovation or its designated Members choose to monitor the Forums, Partnering for Innovation assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the user submitting the Content. In submitting Content to Forums, you agree to strictly limit yourself to constructive discussions about the subject matter for which the Forums are intended and to refrain from using profanity or engaging in other offensive conduct as described in Section 5. You agree that Partnering for Innovation shall not be liable for any reason whatsoever if Partnering for Innovation prevents your Content from being submitted or if Partnering for Innovation or its designated Members edit, restrict, or removes your Content. By accessing and using the Site, you also agree to permit all users of this Site to access, view, store, and reproduce the Content for their personal use and not to restrict or inhibit the use of this Site.
2.4 You agree to release Partnering for Innovation, its donors, implementers, and affiliates together with their respective employees, agents, officers, directors, and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your use of the Site, Forums, and Content. If at any time you are not happy with the Site or object to any material within the Site, Forums, or Content, your sole remedy is to cease using or accessing the Site, Forums, or Content.
3. PROPRIETARY RIGHTS IN CONTENT POSTED ON THE SITE
A. Content. By posting any Content to the Site, you hereby grant to Partnering for Innovation a non-exclusive, royalty-free, worldwide license to use, copy, sublicense, adapt, transmit, distribute, publicly perform, publicly display, modify, and translate such Content in any media or by any means now or hereafter known. This license will survive any termination of these Terms and Conditions. You represent and warrant that: you own the Content posted by you on the Site or otherwise have the right to grant the license set forth in this section, (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, moral rights, industrial property rights, intellectual property rights, or any other rights of any person, and (iii) the posting of your Content on the Site does not result in a breach of any contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content you post to the Site.
3.2 Copyright Protection. All Content contained in the Site is protected by copyright, trademark, and other industrial and intellectual property laws. Content shall not be used for any purpose whatsoever other than private, non-commercial viewing purposes. Reproduction, duplication, distribution, derivative works, and other unauthorized copying or use of stills, audio, video footage, or any other Content contained on the Site is expressly prohibited unless the prior written consent of the owner of such Content is obtained.
3.3 Claims of Copyright Infringement. If you believe in good faith that materials hosted by the Site infringe your copyright, you (or your agent) may send Partnering for Innovation a notice requesting that the material be removed or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Partnering for Innovation to locate the material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has 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; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
4.2 When registering for an account or establishing a profile, you agree:
(a) You will create a personal account with your real name; (b) You will keep your information accurate and up to date; (c) You will not provide false or misleading personal information; (d) You will not create an account for others without their permission; (e) You are at least 18 years old; (f) You will not use this site if you are prohibited from doing so by any applicable laws; (g) You will not use this site if you are on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons; (h) You will not disclose your password to others, let anyone log in with your account, or otherwise jeopardize your account's security; You will not transfer your account to anyone else under any circumstance.
5. PROHIBITED CONTENT AND/OR ACTIVITY
5.1 You must use the Site in a manner consistent with any and all applicable laws and regulations. The following is a partial list of the kind of Content that is illegal or prohibited on the Site. Partnering for Innovation reserves the right to investigate and take appropriate legal action at its sole discretion against anyone who violates this provision, including without limitation, removing the offending Content from the Site and terminating the membership of such violators. Prohibited Content includes Content that:
i. is obscene, patently offensive, or promotes racism, bigotry, violence, hatred, or physical harm of any kind against any group or individual;
ii. harasses or advocates harassment of another person;
iii. contains nudity, violence, or offensive subject matter;
iv. involves the transmission of "junk mail" or "chain letters" or unsolicited mass mailings;
v. promotes information that is false, misleading, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;
vi. exploits people in a sexual or violent manner;
vii. solicits personal information from anyone who would be considered a minor;
viii. violates the copyright, trademark, patent, industrial, or other intellectual property rights of any other person;
ix. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
x. includes confidential information about Partnering for Innovation, Fintrac, or USAID, such as, but not limited to, released or unreleased products, services, customers, business policies or practices, developments, inventions, processes, designs, marketing, business plans, or finances that are not otherwise part of the public domain, without the prior written approval and consent of the relevant party;
xi. solicits passwords or personal information for commercial or unlawful purposes from users; or
xii. involves commercial activities and/or sales without Partnering for Innovation’s prior written consent such as contests, sweepstakes, solicitation of donations, barter, advertising, or pyramid schemes.
5.2 The following is a partial list of the kind of activity that is illegal or prohibited on the Site. Partnering for Innovation reserves the right to investigate and take appropriate legal action at its sole discretion against anyone who violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
i. Any use by you of any other Member's information, personal or otherwise, for any purpose, commercial or otherwise, or to obtain direct financial gain (e.g. mass marketing) through the Site. You may not transmit any chain letters or junk email to other Members. Although Partnering for Innovation cannot monitor the conduct of its Members off the Site, it is also a violation of these rules to use any information obtained from the Site in order to harass, abuse, or harm another person. In order to protect our Members from such advertising or solicitation, Partnering for Innovation reserves the right to restrict the number of messages which a Member may send to other Members in any 24-hour period to a number which Partnering for Innovation deems appropriate at its sole discretion;
ii. Any automated use of the system;
iii. Attempting to impersonate another Member or person, whether actual or fictitious, including impersonating an employee or consultant of Partnering for Innovation;
iv. Using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
v. Using an inappropriate Member name of any kind; or
vi. Selling or otherwise transferring your profile.
6. EMPLOYMENT OPPORTUNITIES
6.1 Member Postings. By permitting classified, personal advertising and/or employment opportunities to be posted on the Site, Partnering for Innovation makes no warranties or representations of any kind as to the accuracy of the content or suitability of the subject matter of any such postings. Partnering for Innovation specifically disclaims liability for direct, consequential, or incidental damages arising from such postings. Members may only post such postings on authorized areas of the Site. By posting a classified, personal, and/or employment advertisement on the Site, you are promising that the content of your advertisement is true and that you will indemnify Partnering for Innovation against any claims which may arise from your postings. By responding to a classified or personal posting on the Site, you waive any and all claims against Partnering for Innovation for any and all damages arising from such posting or your reliance upon statements in such postings.
6.2 Partnering for Innovation Opportunities. Partnering for Innovation may, from time to time, post Partnering for Innovation employment opportunities on the Site and/or invite users to submit resumes to it. If you choose to submit your name, contact information, resume, and/or other personal information to Partnering for Innovation in response to employment listings, you are authorizing Partnering for Innovation to utilize this information for all lawful and legitimate hiring and employment purposes. Partnering for Innovation also reserves the right, at its sole discretion, to forward the information you submit to its parents, subsidiaries and affiliates for legitimate business purposes. Nothing in the Terms and Conditions or on the Site shall constitute a promise by Partnering for Innovation to interview, hire, or employ any individual who submits information to it, nor shall anything in the Terms and Conditions or on the Site constitute a promise that Partnering for Innovation will review any or all of the information submitted to it by users.
7. LINKED SITES AND ADVERTISING
8.1 In the event that Partnering for Innovation determines, at its sole discretion, that you have breached any portion of these Terms and Conditions, or have otherwise demonstrated conduct inappropriate for the Site, or Partnering for Innovation learns that you have provided Partnering for Innovation with false or misleading registration information Partnering for Innovation reserves the right to: warn you via email (to any email address you have provided to Partnering for Innovation) that you have violated these Terms and Conditions; (ii) delete any or all Content provided by you or your agent(s) to the Site; (iii) discontinue your registration(s) with the Site and/or any other Partnering for Innovation community; (iv) notify and fully cooperate with the proper law enforcement authorities for further action; and/or (v) take any other action which Partnering for Innovation deems to be appropriate.
8.2 If your registration(s) with or ability to access the Site is discontinued by Partnering for Innovation due to your violation of any portion of these Terms and Conditions or for conduct otherwise inappropriate for the community of the Site, then you agree that you shall not attempt to re-register with or access the Site or any other Partnering for Innovation or Partnering for Innovation - affiliated community site(s), through use of a different member name or otherwise.
9. DISCLAIMER OF LIABILITY AND WARRANTIES
9.1 While Partnering for Innovation does its best to ensure the optimal performance of the Site, you agree that your use of the Site, Forums, Content and any other material contained in the Site is at your own risk. The Site, Content, and all materials in the Site, are provided “as is” and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that Partnering for Innovation DOES NOT WARRANT that the Site is fit for any particular purpose; that the functions contained in the Content and in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses and other harmful components; that the Site will meet your requirements; or that the Site is accurate, error free, or reliable. Partnering for Innovation is not responsible for any errors, omissions, delays, inaccuracies, failures, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage, or unauthorized access to your computer system or network, or for the results obtained from the use of any Content in the Site. Any Content in the Site is provided with the understanding that neither Partnering for Innovation nor its Members, while such Members are participating in the Site, are engaged in rendering legal, medical, counseling, or other professional services or advice. Partnering for Innovation encourages you to seek appropriate professional advice or care for any situation or problem which you may have.
9.2 You understand and agree that if you choose to download or obtain any Content or data through the use of the Site, you do so at your sole discretion and risk. You also understand and agree that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such Content and/or data.
9.3 You acknowledge that Partnering for Innovation is not liable for any defamatory, offensive, or illegal conduct or Content found on or in connection with this Site.
9.4 You acknowledge that Partnering for Innovation is not liable for any damages, including, without limitation, direct, incidental, special, consequential, or punitive damages, whether foreseeable or not, in connection with or arising from your use or from your inability to use the Site or (ii) which may result from the unavailability or malfunction of the Site.
9.5 Partnering for Innovation is not responsible for any content on the Internet or World Wide Web pages that is contained outside the Site. Partnering for Innovation makes no representations as to the quality, suitability, functionality, or legality of any sites to which Partnering for Innovation or its Members may provide links, and you hereby waive any and all claims you might have against Partnering for Innovation with respect to such sites.
10.1 You agree to defend, indemnify, and hold harmless Partnering for Innovation, its parents, subsidiaries, and affiliates together with their respective employees, agents, directors, officers, and shareholders, from and against all the liabilities, claims, damages, and expenses (including reasonable attorney's fees and costs) arising out of your use of the Site; your breach or alleged breach of the Terms and Conditions; or your breach or alleged breach of any copyright, trademark, industrial property, intellectual property, or other rights of third parties.
11.1 Severability. If any provision of these Terms and Conditions are declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision or part thereof which is necessary to render the provision valid, legal and enforceable, shall be severed from the Terms and Conditions and the other provisions and the remaining part of that provision shall remain in full force and effect, provided that the essential bargained-for performance of the parties shall not thereby have been impaired.
11.2 Headings. The division of these Terms and Conditions into Articles and Sections and the insertion of headings and titles are for convenience of reference only and shall not affect the construction or interpretation of the Terms and Conditions.
11.3 Waiver. The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms and Conditions or to exercise any right under the Terms and Conditions will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
11.4 Assignment. Partnering for Innovation may assign its rights and obligations under these Terms and Conditions and upon such assignment Partnering for Innovation may be relieved of any further obligation hereunder.
12. GRANT SUBMISSIONS
12.1 Participation in the Site does not constitute an intention or award of funding on behalf of Partnering for Innovation or USAID, nor does it commit the program to pay for any expenses incurred due to participating in the Site or in the preparation and submission of applications.
12.2 Solicitation. Issuance of a grant solicitation and/or a Request for Expressions of Interest does not constitute an award commitment on behalf of Partnering for Innovation or USAID, nor does it commit the program to pay for costs incurred in the preparation and submission of applications.
12.3 Disqualification. Partnering for Innovation reserves the right to disqualify applications prior to review if the applicant does not meet the eligibility requirements and/or the applicant is not in line with Partnering for Innovation's stated program goal.
13.1 All Site subpages are produced under the Partnering for Innovation program. Every effort is made to ensure accessibility for content generated under Partnering for Innovation.
As a community site, Partnering for Innovation encourages external contributors to make their content equally accessible for those with disabilities. However, we are unable to guarantee accessibility for content produced by third parties. Please contact the content author or organization if content is not accessible. If you are unable to locate this information, please contact us and we will make every effort to put you in contact with the content author.
Please contact us directly if you find Partnering for Innovation-generated content to be inaccessible and indicate the page URL and problem you found. We will make every effort to resolve the issue.
Portions of this policy were adopted from the Terms and Conditions of other sites including Agrilinks and Penn Foster Community.