Acceptance of Terms
Your access to and use of the Site is subject to the following terms and conditions and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions and acknowledge that any other agreements between you and Harvest Bay™ are superseded and of no force or effect.
Harvest Bay™ Site is controlled and operated by Blue Marble Brands, LLC from its offices within the United States. Harvest Bay™ makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with their applicable local laws.
Use Restrictions and Indemnification
You may freely browse the Site, but you may only download information from this Site, including any text, images, audio, and video (the "Information") for non-commercial personal use. You may not, however, distribute, modify, transmit, reuse, repost, or use the Information for public or commercial purposes, without written permission of Harvest Bay™. You represent, warrant and covenant that: (a) you shall not upload, post or transmit to or distribute or otherwise publish through the Harvest Bay™ Web Site any materials which (i) restrict or inhibit any other user from using and enjoying the Harvest Bay™ Web Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, scandalous, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil or criminal liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact; and (b) that you are at least eighteen (18) years old. While Harvest Bay™ uses reasonable efforts to include accurate and up-to-date information in the Site, Harvest Bay™ makes no warranties or representations as to the accuracy of the Information. Harvest Bay™ assumes no liability or responsibility for any errors or omissions in the content of the Site. In particular, Harvest Bay™ will not be liable for the accuracy, completeness, adequacy, timeliness, or comprehensiveness of the Information contained on the Site. ALL Harvest Bay™ INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, OR NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You hereby agree to indemnify, defend and hold Harvest Bay™, Blue Marble Brands, LLC and all its officers, directors, owners, agents, employees, information providers, affiliates, subsidiaries, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all claims, proceedings, damages, injuries, liability, losses, costs and expenses (including, without limitation, reasonable attorney’s fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or of the foregoing representations, warranties and covenants, or arising out of or relating to any acts by you or materials or information transmitted by you in connection with the Site, regardless of the type of claim or nature of the cause of action including, without limitation, attorneys fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. Harvest Bay™, reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Harvest Bay™. This Harvest Bay™ Internet Site may contain information on its national and worldwide products and services, not all of which are available in every location. A reference to a Harvest Bay™ product or service on a Harvest Bay™ Internet site does not imply that such product or service is or will be available in your location.
Privacy; Waiver of Infringement and Other Claims
Your communications with and through Harvest Bay™ Site of Personal Data (defined in the Harvest Bay™ Privacy Practices will, in most cases, be viewed only by you and by anyone to whom you address such communications, including, without limitation, electronic mail and bulletin boards. When reasonably practicable, Harvest Bay™ will attempt to preserve the confidentiality of such communications. However, you agree that Harvest Bay™ has the right to monitor the Service electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other government request, to operate the Service properly, or to protect itself or its subscribers. Harvest Bay™ has no obligation to monitor the Harvest Bay™ Site. However, Harvest Bay™ reserves the right to refuse to post or to remove any information or materials, in whole or part, that, in its sole discretion, are unacceptable or in violation of this Agreement.
Unless otherwise expressly stated herein or in Harvest Bay™ Privacy Practices, by posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications") to the Harvest Bay™ Web Site, you hereby grant to Harvest Bay™ and Blue Marble Brands, LLC a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed.
You acknowledge that transmissions to and from this Harvest Bay™ Web Site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to Harvest Bay ™, no confidential, fiduciary, contractually implied or other relationship is created between you and Harvest Bay™ other than pursuant to this Agreement.
You hereby waive all rights to any claim against Harvest Bay™ and Blue Marble Brands, LLC for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.
Notwithstanding the foregoing, all personal data provided to Harvest Bay™ site will be handled in accordance with the Harvest Bay™ Site’s Privacy Practices.
The material provided on the Site is protected by law, including but not limited to, United States Copyright Law and international treaties. Please see Harvest Bay™ Copyright Restrictions, (attached hereto) and incorporated herein, for terms and conditions of use of copyrighted material on, in and of the Site.
U.S. Government Restricted Rights
The materials on the Site are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Harvest Bay ™, proprietary rights in them.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL Harvest Bay™ , Blue Marble Brands, LLC, ITS AFFILIATES, ITS SUBSIDIARIES, THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES, OR Harvest Bay™ OR Blue Marble Brands, LLC’S SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR BUSINESS INTERRUPTION OR LOSS OF PROFIT, ARISING OUT OF THE USE OR THE INABILITY TO USE THE MATERIALS ON THE SITE, OR ANY HYPERLINKED SITE OR ANY PRODUCT OR SERVICES SOLD HEREUNDER, EVEN IF Harvest Bay ™, Blue Marble Brands, LLC OR Blue Marble Brands, LLC AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THE SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Non-Personal Data; Hold Harmless; Our Transmissions
Harvest Bay™ may enable visitors to the Site to post reviews, comments, or other content to the Site. Any material, information, or idea you transmit to or post on the Site by any means will be treated as non-confidential and non-proprietary and may be disseminated or used by Harvest Bay ™, Blue Marble Brands, LLC or its affiliates for any purpose whatsoever, including, but not limited to the development of sales and marketing of products. Harvest Bay™ and Blue Marble Brands, LLC has no obligation with respect to such material, information or ideas, and you agree to hold Harvest Bay™ and Blue Marble Brands, LLC and its affiliates, subsidiaries, their directors, officers, employees, agents or representatives or Blue Marble Brands, LLC’s suppliers harmless for any use of same by any entity or person.
Harvest Bay™ does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Harvest Bay™ Web Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Harvest Bay™ reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Harvest Bay™ Web Site.
Harvest Bay™ does not and cannot review, and has no obligation to monitor, all materials posted to the Harvest Bay™ Web Site by users, and Harvest Bay™ is not responsible for any such materials posted by users. Harvest Bay™ reserves the right at all times: to disclose any information as necessary to satisfy any law, regulation, court order, or government request; or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Harvest Bay™ sole discretion are objectionable or in violation of this Agreement.
Our Links; Limit of Liability
The Site may provide links to other web sites or resources. These links are provided by Harvest Bay™ only as a convenience. The inclusion of any link does not imply any affiliation, association, adoption, or endorsement by Harvest Bay™ of the site or any of the information or content therein. Because these linked sites and resources are not under the control of Harvest Bay ™, you acknowledge and agree that Harvest Bay™ or Blue Marble Brands, LLC is not responsible or liable for the content, advertising, products, services, or other materials on any linked site or any link contained in a linked site or any review, changes, or updates to such sites, or any use thereof. It is the user’s responsibility to take precautions to ensure that whatever linked site and resource is selected is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
Disclaimer of Warranties
THE Harvest Bay™ WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE Harvest Bay™ WEB SITE, IS PROVIDED "AS IS". TO THE FULLEST EXTENT PERMISSIBLE BY LAW, Harvest Bay ™, Blue Marble Brands, LLC AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER: FOR THE CONTENT ON THE Blue Marble Brands, LLC WEB SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE Harvest Bay™ WEB SITE; FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES; OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE Blue Marble Brands, LLC WEB SITE OR ANY LINKED SITE. FURTHER, Harvest Bay ™, Blue Marble Brands, LLC AND ITS SUBSIDIARIES AND AFFILIATES EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Harvest Bay™ DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE Harvest Bay™ WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE Harvest Bay™ WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Blue Marble Brands, LLC AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE Blue Marble Brands, LLC WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
Harvest Bay™ shall not be liable for delays or defaults in furnishing the services or products hereunder including technological, computer hardware or software errors, delays or breakdowns and including any delays or defaults on the part of Blue Marble Brands, LLC that are due to causes beyond the reasonable control of Blue Marble Brands, LLC, including those caused by attacks from unauthorized users who access Harvest Bay™ and Blue Marble Brands, LLC’s technological infrastructure.
The copyright in all material, layout, design and trade dress provided on this site ("Site") is held by Harvest Bay™ or by the original creator of the material pursuant to U.S. Copyright Laws, international conventions and other regulations. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Harvest Bay™ or the copyright owner. Name and trademarks of copyright holders may not be used in advertising or publicity without specific, prior written consent. Permission is granted to display, copy, distribute or download the materials on this Site for non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You must display appropriate copyright notice as follows:
© 2013 Harvest Bay™ used by permission. Available at www.harvest-bay.com . All Rights Reserved."
You also may not, without Harvest Bay™ permission, "mirror" any material contained on this Site on any other server. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
U.S. Government Restricted Rights
The materials on this Site are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Blue Marble Brands, LLC’s proprietary rights in them.