Terms of use

Introduction

This website at www.eastridingfarm.com (“Website”) is operated by East Riding Farm Inc, a company incorporated in Delaware, with its principal place of business at Unit #3, 170 Fort Path Road, Madison CT 06443 (collectively, “East Riding Farm” or “we/us/our”).

Use of the Website

Your access to and use of the Website is subject to these Terms of Use, which set out the basic rules that govern your use of the Website. Please read the Terms of Use carefully, as your use of the Website constitutes your agreement to be bound by these Terms of Use.

Links to third party websites and restrictions

Links enable users to move from one website to another or from one page to another within the same website. From time to time, the Website may contain links to third parties’ websites. These Terms of Use do not apply to any third party website linked to our Website. You should read the terms and conditions of those websites before using them and direct any questions or comments about the linked website’s contents to the relevant website provider. Any links between the Website and any third party website are provided for your convenience only and we accept no liability whatsoever for the contents of any such third party website. The inclusion of any link does not imply reliability and endorsement by us of the content of any third party’s website. We exclude to the fullest extent permitted by law all liability that may arise in connection with or as a result of third party website material causing any damage, costs, injury or loss of any kind.

Intellectual Property

All trade marks, copyright, design rights, database rights, logos, service marks and other intellectual property rights, whether registered or unregistered, in the Website are and shall remain the property of East Riding Farm Inc or of one of the other companies within the same group as East Riding Farm or of our content and technology providers. Nothing contained in the Website shall be construed as granting any licence or right to use any intellectual property displayed on the Website without our prior written consent. You may access the Website only for your own non-commercial use to participate in the Website and you must not use any of the intellectual property on the Website for any purpose except as expressly provided in these terms of use without our prior written consent.

Except for any Contributions (as defined in the User Contributions section below) you make via the Website, you must not modify, copy, adapt, translate, broadcast, perform, display, distribute, frame, reproduce, republish, post, transmit or sell the intellectual property contained in the Website, save that you are permitted to copy (for the purposes of printing) users’ Contributions for personal domestic use. If you print off, copy or download any part of this Website in breach of these Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Viruses

You must not introduce or attempt to introduce any virus or other malware to the Website or any of its software or systems or in any way attempt to access, alter, de-compile, reverse engineer, destroy or otherwise tamper with any part of the Website, its software or systems.

Connection and Charges

You are responsible for obtaining an appropriate connection with a telecommunications provider in order to access the Website. You shall be responsible for all costs you incur in accessing and using the Website.

User Contributions

Users of the Website may submit recipe ideas, images, videos, instructions, comments, questions, feedback, suggestions or other information or materials via the Website or otherwise (collectively “Contributions”), so long as such Contributions comply with our contribution standards, set out below (“Contribution Standards”).

Contribution Standards

These standards apply to any and all material that you contribute to this Website. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Contribution as well as to its whole

Contributions must:

• be accurate (where they state facts);

• be genuinely held (where they state opinions); and

• comply with applicable law .

Contributions must not:

• contain any material which is defamatory of any person, obscene, offensive, hateful or inflammatory;

• promote sexually explicit material;

• promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

• advocate, promote or assist any illegal act, including, but not limited to, violence or computer misuse or the infringement of the intellectual property rights of any other person;

• be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

• infringe the intellectual property rights of any third party;

• be threatening, abusive or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person;

• be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity or affiliation with any person; or

• give the impression that they emanate from us, if this is not the case.

Failure to comply with the Contribution Standards constitutes a material breach of the Terms of Use upon which you are permitted to use this Website. We will determine, in our discretion, whether there has been a breach of the Contribution Standards through your use of the Website. If a breach of the Contribution Standards has occurred, we may take such action as we deem appropriate, including taking all or any of the following actions:

• immediate, temporary or permanent withdrawal of your right to use the Website;

• immediate, temporary or permanent removal of any posting or material uploaded by you to the Website;

• issue of a warning to you;

• legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

• further legal action against you; and

• disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

Where you submit Contributions to this site (including without limitation any text, graphics, video or audio) by such submission you grant East Riding Farm a perpetual, irrevocable, royalty-free, non-exclusive, worldwide, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, and exercise all copyright and publicity rights with respect to any such Contribution and/or to incorporate it in other works in any media, whether now known or later developed, for the full term of any rights that may exist in such content. If you do not wish to grant such rights to East Riding Farm, you should not submit your content to the site.

By submitting Contributions to this site, you: (i) waive any moral rights in your content for the purposes of its submission to and publication on the site and the other purposes specified above or in accordance with our Privacy Policy; (ii) warrant that such Contribution is your own original work and that you have all necessary rights to grant the licence specified above and make it available to the Website for all the purposes specified above or in accordance with the Privacy Policy; and (iii) agree that you are entirely responsible for all Contributions that you make available on the site.

If the Contribution includes material belonging to, or details making reference to or in any way identifying another person; you warrant that such other person has consented to the relevant parts of your Contribution and to putting your Contribution on the Website and you have complied with any relevant obligations under applicable data privacy laws including:

- ensuring that any information from which a person is identified or identifiable contained in your Contribution has been obtained fairly and lawfully; and

- obtaining all necessary consents and otherwise complying with applicable data privacy laws to enable you to supply or disclose such information to East Riding Farm and for East Riding Farm to process such information in accordance with these Terms of Use.

If you see or receive any communication which does not comply with these Terms of Use or which you otherwise consider to be inappropriate, please report it immediately at info@eastridingfarm.com.

Our liability to you

The Website is offered as a free information service for individuals and organizations who wish to find out more about us, our products and our activities. While we use reasonable efforts to include accurate and up-to-date information on the Website, errors may occur. We give no warranty and make no representation as to the accuracy or completeness of the information and content on this Website or as to the uninterrupted availability of the Website, and do not accept responsibility for errors or omissions, for any action or decisions based on the information or for any losses or damages arising out of the same. Access to and use of the Website is at your own risk and we do not warrant that the use of this Website or any material downloaded from it will not cause damage to any property, including but not limited to loss of data or computer virus infection. We accept no liability for viruses or other computer malware. You are recommended to take all appropriate safeguards (such as installing appropriate anti-virus software) and firewalls before downloading information or images from the Website.

The information and materials provided on the website are of a general nature only and cannot be regarded as constituting advice or recommendations (professional or otherwise). Except as expressly provided in these Terms of Use we exclude all warranties, express or implied (by statute or otherwise), to the fullest extent permitted by law.

Subject to the following, we shall not be liable to you or any Third Party for any of the following (whether or not we were advised of, or knew of, the possibility of such losses) whether arising from any claim arising out of or in connection with the use of the Website, including without limitation, under any tort, including negligence, for breach of contract, for misrepresentation (other than fraudulent misrepresentation), intellectual property infringement or under any statute or otherwise:

• any indirect, special or consequential losses;

• any losses or damages arising out of changes made to the content of this Website by unauthorized third parties;

• any loss of business, data, profits, revenue, goodwill, use or anticipated savings;

• loss or damage to your, or any third party’s, data or records;

• any actions taken in response to breaches of the Contribution Standards set out above; or

• any delay in, or failure of, performance of our obligations under these Terms of Use arising from any cause beyond our reasonable control including any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion, failure in information technology or telecommunications services, failure of a third party (including failure to supply data) and industrial action.
• any other damages of any kind based on warranty, contract, tort (including negligence) or otherwise

Subject to the below, our liability to you in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise in respect of or arising in connection with your use of the Website shall be limited to $100.

We do not seek to exclude or limit our liability to you for:

• death or personal injury caused by our negligence;

• fraud or fraudulent misrepresentation; or

• any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

General

We may change, edit, delete or revise the content of the Website from time to time, including these Terms of Use. Please check this page for changes that have been made to the Terms of Use. Your use of this Website after a change has been posted constitutes your acceptance of the amended Terms of Use. You can view the current version of these Terms of Use at any time by clicking on the Terms of Use link on the homepage of the Website.

If any provision of these Terms of Use is found to be invalid or unenforceable by a court, it will be severed from the rest of these Terms of Use, which shall remain unaffected.

These Terms of Use shall be governed by and construed in accordance with English law and only the courts of England will have exclusive jurisdiction with respect to any dispute arising under or in relation to them.

Although East Riding Farm aims to offer you the best service possible, we make no promise that our Website will meet your requirements and we cannot guarantee that the service will be fault free. If a fault occurs in the service, please report it to us (see below for contact details) and we will correct the fault as soon as we reasonably can.

Your access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the service as soon as we reasonably can.

No delay or failure by us to exercise any powers, rights or remedies under these Terms of Use will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them.

Feedback

Any queries, feedback or comments you may have about the Website or our products should be submitted by emailing us at info@eastridingfarm.com or writing to us at East Riding Farm, PO Box 4147, Madison CT 06443 USA.

Privacy Policy

Any personal information we collect from you shall only be used in accordance with our Privacy Policy, a copy of which can be viewed by clicking on the Privacy Policy link on the homepage of the Website.

US Digital Millennium Copyright Act

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Website by completing the following DMCA Notice of Alleged Infringement and delivering it to us at the address above. Upon receipt of Notice as described below, we will take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged content from the Website.

DMCA Notice of Alleged Infringement (“Notice”)

1. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.

2. Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found.

3. Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.

4. Include both of the following statements in the body of the Notice:

o “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

o “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

5. Provide your full legal name and your electronic or physical signature.