Center for Food Safety (CFS) is a national non-profit public interest and environmental advocacy organization working to protect human health and the environment by curbing the use of harmful food production technologies and by promoting organic and other forms of sustainable agriculture. This CFS seed network website is designed to unite seed savers to create an independent and diverse seed supply.
This website agreement (“Agreement”) defines the terms and conditions under which you (sometimes referred to in this Agreement as "You" or "Your") are authorized to use the CFS seed network website (the “Website”). The Website includes, without limitation, access and use of services and content including, without limitation, a platform for the sharing of plant seeds and other plant material (the “Seed Sharing Platform”). The Website is owned and operated by CFS.
Please read this Agreement carefully. You must not use this Website or participate in the Seed Sharing Platform if you do not agree to its terms.
1. The Website.
(a) The mission of the Website is to engage the public-at-large in fostering sustainable agriculture and to encourage the growing, collection and distribution of plant seeds and other plant material (“Plant Material”). The Website also functions as a clearinghouse for obtaining information, raising issues, creating solutions and facilitating the grassroots sharing of plant seeds and other plant material.
(b) The Website creates a platform where plant seeds and other plant material can be shared, free of charge, to others. Each posting to the Website to offer plant seeds or other plant material is referred to in this Agreement as a "Seed Offering."
(c) The Website includes (or will include) a forum on which users can post content about and discuss issues on sustainable agriculture (the "Forum").
(d) The Website (including the Seed Sharing Platform and the Forum) is solely for non-commercial purposes and use.
(e) Although You are permitted to review the content of the Website, only users who have create an “Account” and are a registered participants can post content to the Website or obtain Plant Material through the Seed Sharing Platform. Each user who opens an Account to become a registered participant in the Seed Sharing Platform is referred to in this Agreement as a “Member.” A Member must be a natural person.
(f) You understand and agree that CFS may rely on and use one or more third party vendors to provide the technology infrastructure to support the operation and use of the Website including, without limitation, servers, software, storage and networking.
(g) Currently, the Website is offered to the general public without cost or fees. CFS reserves its right, with or without notice, to institute fees or other costs that must be paid by users prior to access or use of the services and content on the Website. Such fees or costs may be either one time or sustaining.
(h) An Account may be used by one person only. An Account must not be shared by multiple people. A single person may have a maximum of 2 separate Accounts.
(i) CFS reserves the right at any time, with or without notice, to modify your Account or discontinue, temporarily or permanently, access to an Account.
2. The Seed Sharing Platform.
(a) Each Member is entitled to post content to the Website, post one or more Seed Offerings and obtain seeds from another Member through the Seed Sharing Platform.
(b) Information about each Seed Offering is solely provided by the user who posted the offering. CFS does not monitor the accuracy or completeness of such postings. CFS does not warrant that seed descriptions or other content of the Seed Sharing Platform are accurate, complete, reliable, current, or error-free. If a Seed Offering is not as described, please see the Communication section below for how to alert CFS.
(c) You represent and warrant that to the best of Your knowledge each Seed Offering posted by You is not genetically engineered or in any manner genetically modified.
(d) The Seed Sharing Platform is solely for the non-commercial sharing of seeds and other plant material. You are prohibited from offering or accepting monetary compensation for the distribution or receipt of any Plant Material offered on the Website.
(e) Do not offer any seed for sharing that is protected by another party’s proprietary rights including, without limitations, a protected plan variety under the Plant Variety Protection Act (PVPA) unless you have the authorization from that party to offer that seed on the Seed Sharing Platform.
3. Members. The following applies to each user of the Website that registers as a Member:
(a) A Member must be a natural person and not a business entity or an organization. Otherwise, there are no express criteria or requirements as to who may register as a Member.
(b) On creation of an Account and as a continuing requirement to be a Member, You must provide certain personal information to CFS such as Your name, address and email address (collectively, a “Profile”). You must not use a false name or impersonate another person. You represent and warrant that all information submitted to Your Account and Profile is accurate and complete.
(c) Each Member Account is protected by a password selected by the Member. You are responsible for protecting the confidentiality of Your account password.
(d) As a Member, You gain access to additional features subject to the terms and conditions of this Agreement such as the ability to post a Seed Offering on the Seed Sharing Platform or post content to the Forum. You are solely responsible for all activity that occurs on Your Account including, without limitation, Seed Offerings and postings to the Forum.
4. Member Posting Content to the Website.
(a) As a Member, You may upload or post content to the Website (collectively, “User Content”) including, without limitation, text, images and videos. User Content includes, without limitation, Seed Offerings and posting content to the forum. Your User Content remains Yours.
(b) You grant CFS a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display throughout the world in any media, Your User Content. You grant CFS a perpetual and irrevocable right to use Your User Content in connection with the operation and use of the Website. You also grant CFS the right to use Your name in connection with Your User Content. The rights granted to CFS in this subsection may be sublicensed to its vendors and affiliates in connection with the operation and use of the Website.
(c) User Content must not be obscene, pornographic, offensive, threatening, abusive, libelous, defamatory, illegal or otherwise injurious or objectionable to third parties. User Content must not infringe the right of privacy or intellectual property rights of any third party. User Content must not be unsolicited commercial activity such as advertising material, sweepstakes, contests or spam.
(d) You represent and warrant that You own the User Content or own rights in the User Content sufficient for any and all uses of the User Content on the Website or as otherwise authorized by this Agreement. You agree to indemnify and hold harmless CFS for all claims arising from Your User Content. CFS assumes no liability or responsibility for any content submitted by You or any third party.
(e) CFS may, but has no obligation to, remove User Content or Accounts containing content that it determines, in its sole discretion, is contrary to the terms of this Agreement. It is the policy of CFS to terminate, in appropriate circumstances, the access rights of repeat infringers.
(f) In the event CFS receives a complaint or demand that any User Content infringes a third party’s copyright, CFS will comply with all procedures required by law including, without limitation, the notice and take down procedure under the Digital Millennium Copyright Act.
5. Use of the Website.
(a) Subject to Your compliance with the terms and conditions of this Agreement, CFS grants You a non-exclusive, non-transferable, revocable, nonsublicensable license to access the content and use the services on the Website (including the Seed Sharing Platform) solely for its intended purpose.
(b) During the authorized operation and use of the Website, Your internet browser software may create one or more copies of the executable code, graphics files, data files, and other information and data transmitted to Your computer (the “Cached Information”). The Cached Information must be stored solely on Your local disk drive and used solely in support of the authorized operation and use of the Website and for no other purpose.
(c) You must not modify or remove any proprietary notices, including copyright notices, contained on the Website or any materials obtained in connection with the use of the Website.
(d) The Website is not intended for use by children. Use of the Website by any person under 18 years old requires the permission and involvement of a parent or guardian. CFS does not knowingly collect information from children under the age of 13.
(e) CFS reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
6. Additional Limitations On Use. In addition to any other restriction or limitation set forth in this Agreement, You agree to the following limitations on the access and use of the Website:
(a) You may not reverse engineer, decompile or otherwise attempt to extract the source code, algorithms, operational flow, data structures, or object structures of the Website, or any portion thereof, unless expressly permitted or required by law, or You have written authorization from CFS to do so;
(b) You may not reproduce any portion of the Website to any other device including, without limitation, any framing technique to enclose any portion or aspect of the Website, or mirror or replicate any portion of the Website;
(c) You may not deep-link to any portion of the Website without the written authorization of CFS;
(d) You may not modify or create derivative works of any portion of the Website including, without limitation, translating any content into another language or implementing the Website in a different computer language;
(e) Except as required for the authorized operation and use of the Website or as otherwise specified in a robots.txt file, you may not use any automated or manual process to capture any content of the Website including, without limitation, by use of a (ro)bot, spider, or scraper;
8. Proprietary Rights.
(a) As between You and CFS, You acknowledge and agree that CFS (or its licensors) is the sole owner of the Website.
(b) The Website is protected by United States and international copyright and trademark laws. Except in connection with the intended operation and function of the Website, no portion of the content or information contained within the Website or content or information delivered as a result of visiting the Website may be reprinted, republished, modified, or distributed in any form without the express written permission of CFS.
(c) All User Content continues to be owned by the applicable user who posted or uploaded the content to the Website.
(d) All rights not expressly granted by this Agreement are reserved by CFS.
9. Report of Infringement. In the event You want to file a complaint that any User Content infringes the copyright of a third party, please note the following:
(a) Please submit a report of in writing to CFS with the following information: (i) a physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the site; (iv) your address, telephone number, and e-mail address; (v) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
(b) CFS's designated agent for notice of such claims is the following: Copyright Agent | Center for Food Safety | 303 Sacramento St, 2nd Floor | San Francisco, CA 94111.
10. Warranty Disclaimer; Limitation of Liability.
(a) THIS WEBSITE INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, DATA AND OTHER CONTENT CONTAINED WITHIN IT AND ALL INFORMATION, DATA AND OTHER CONTENT DELIVERED AS A RESULT OF USING AND PARTICIPATING IN THE SEED SHARING PLATFORM, IS PROVIDED “AS IS” AND “AS AVAILABLE.” CFS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE BY LAW, CFS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. USER ASSUMES TOTAL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE (INCLUDING USE AND PARTICIPATION IN THE SEED SHARING PLATFORM), HYPERLINKED WEBSITES AND ANY THIRD PARTY SERVICES.
(b) CFS, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUCCESSORS AND ASSIGNS ARE NOT RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING TO THE WEBSITE, ANY INFORMATION, DATA OR OTHER CONTENT CONTAINED WITHIN THE WEBSITE, ANY INFORMATION, DATA OR OTHER CONTENT DELIVERED AS A RESULT OF VISITING THE WEBSITE, OR ANY HYPERLINKED WEBSITE. USER’S SOLE REMEDY FOR A BREACH OF THIS AGREEMENT BY CFS IS TO STOP USING THE WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF CFS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Termination of the Agreement.
(a) You may terminate or cancel this Agreement at any time, with or without cause, by providing CFS with written notice. Notice must be sent either by email with a subject line of “Cancellation of Services” or by U.S. First Class Mail, Return Receipt requested and postage prepaid. Email and postal address are found below in the Communication section. Notice to CFS is given only on receipt by CFS.
(b) CFS may terminate or cancel this Agreement at any time, with or without cause, by providing You with a minimum of 30 days prior written notice.
(c) CFS has the right to immediately terminate this Agreement if You have been provided a minimum of 10 days prior written notice of any breach of this Agreement but You fail to cure each breach identified in the notice.
(d) On the termination date, You will lose all access to Your Account and other features and functionality of the Website granted to Members. CFS has the right to immediately remove or delete all of Your User Content from the Website.
(a) Contact information for CFS:
(1) email: email@example.com
(2) address (USPS, courier): Website Support Services | Center for Food Safety | 303 Sacramento St, 2nd Floor | San Francisco, CA 94111.
(b) CFS and its affiliates may provide notice under this Agreement or transmit other communications either by electronic means (e.g. email, text message) or U.S. First Class Mail. Notice is deemed to have been given when transmitted to the email, mobile phone number or postal address in Your Profile. You are obligated to update CFS’ records with current contact information including, without limitation, contact information in Your Profile.
(c) If you have not registered as a member but send CFS an electronic message (e.g. email, text message, Website communication feature), you consent to receiving electronic communications from CFS and its affiliates.
13. General Terms.
(a) No Agency. You are not an agent or employee of CFS and You have no authority to bind CFS by contract or otherwise.
(b) Entire Agreement. This Agreement is the entire agreement between You and CFS pertaining to the subject matter of this Agreement. It supersedes all prior written and oral statements, including any prior representation or statement.
(c) Acceptance of this Agreement. You will accept this Agreement by clicking on “Accept,” “I agree” or a similar button when the Agreement is presented to You as part of the registration process. If You are a non-registered visitor to the Website, You accept this Agreement by accessing and using the Website.
(d) Modification of this Agreement. If You are registered, CFS may modify this Agreement by providing You with written notice to the email or address in Your Profile a minimum of 15 days prior to the effective date of such modifications. If You are not registered, CFS may modify this Agreement by posting notice of the revised version of this Agreement on the home page of the Website a minimum of 15 days prior to the effective date of the new or modified version of this Agreement. Your continued use of this Website indicates an agreement to be bound by the revised Agreement.
(e) No Waiver. The observance of any provision of this Agreement may be waived only with the written consent of You and CFS. The failure by either party to enforce any rights under this Agreement is not a waiver of such right then or in the future.
(f) Severability. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement will be enforced to the maximum extent permissible so as to effect the economic and business intent of the parties, and the remainder of this Agreement will continue in full force and effect.
(g) Transfer of Rights. You do not have the right to assign, transfer or sublicense this Agreement including, without limitation, any rights to use the Website. Any unauthorized attempt to assign, transfer or sublicense is void. CFS has the right to assign, transfer and sublicense this Agreement without restriction and in its sole discretion.
(h) Dispute Resolution.
(1) Before initiating any legal proceeding, You agree to report your issue or concern to CFS (see "Communication" provision above). You agree to negotiate with CFS in good faith to resolve your issue or concern. Either you or CFS may initiate a legal proceeding if your issue or concern is not resolved within 15 days of receipt by CFS.
(2) IF YOU ARE A U.S. RESIDENT, YOU AGREE TO THE FOLLOWING ARBITRATION PROVISIONS: You and CFS agree to resolve any claims relating to this Agreement or the Seed Sharing Platform through final and binding arbitration or, if available, small claims court.
(3) The arbitration proceeding shall be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes.
(4) Each party to this Agreement submits to the exclusive jurisdiction of the County of San Francisco in the State of California and waives any objection based on jurisdiction, venue, or inconvenient forum.
(5) Prior to initiating an arbitration proceeding, either party may bring a legal proceeding to seek an injunction, specific performance or other equitable relief to prevent the actual or threatened abuse or other unauthorized use of the Website or Seed Sharing Platform, or to prevent the actual or threatened infringement of any intellectual property right.
(6) NO CLASS ACTIONS. You may only resolve disputes with CFS on an individual basis. You may not bring a claim as a plaintiff or a class member in a class, consolidated or representative action. You understand and agree that class arbitrations, class actions, private attorney general actions and consolidation with other legal proceedings is not permitted.
(i) Choice of Law and Venue. This Agreement is entered into in the State of California and is governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law rules.