Terms Of Use

ABOUT OUR TERMS OF USE

These Terms and Conditions apply to the websites located at https://polandscreek.com (collectively and individually referred to herein as the “Website”), which are operated by or for Poland’s Creek Farm (collectively, “we,” “our,” or “us”). Use of this Website and its services is offered to you only if you accept these Terms and Conditions. These Terms and Conditions set forth the legally binding terms for your use of the Website.

Please read the following Terms and Conditions carefully and save this document for future reference. If you do not agree with these Terms and Conditions, you should exit the Website immediately.

These Terms and Conditions set forth Poland’s Creek Farm’s policy for acceptable use of the Website and for content that you may post on the Website, and describes your rights, obligations and restrictions regarding your use of the Website. In order to participate in certain services on the Website, you may have to download software or content and/or agree to additional terms and conditions.

Poland’s Creek Farm may modify these Terms and Conditions from time to time and such modification shall be effective upon posting on the Website by us. You agree to be bound to any changes to the Terms and Conditions when you use the Website after any such modification is posted. It is therefore important that you review the posted Terms and Conditions regularly to ensure you are updated as to any changes.

ELIGIBILITY
Children under the age of 13 are not authorized to use the Website or to post any content or messages. If, in the future, we decide to direct the Website to children under 13, we will do so in compliance with the Children’s Online Privacy Protection Act of 1998 (15 U.S.C. 6501 et seq.) including, without limitation, obtaining necessary parental consent.

Poland’s Creek Farm reserves the right, at all times, to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request in our sole discretion.

GENERAL USE
The Website is only for private, informational and organizational purposes. The Website may be used only for lawful purposes. You agree not to use the Website for any unlawful or prohibited purpose. You agree not to use the Website for any commercial purposes other than those related to conducting a financial transaction with Poland’s Creek Farm. Unauthorized use of the Website, including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other unauthorized purposes is strictly prohibited. Appropriate legal action may be taken for any illegal or unauthorized use of the Website.

Despite the best efforts of Poland’s Creek Farm to provide accurate information, it is not possible to completely ensure that information on the Website is correct at all times. Poland’s Creek Farm assumes no responsibility for any incorrect information or inappropriate content or conduct that is posted or occurs on the Website.

If you become aware of misuse of the Website by any person, please contact us via email at [email protected]. 

LICENSE TO USE
For the limited purpose of your use of the Website, Poland’s Creek Farm grants you a limited, revocable, personal and non-transferable license to use the Website for private viewing and in accordance with these Terms and Conditions, and for no other purpose. You must keep intact all copyright, trademark and other proprietary notices. Reproduction or redistribution of copyright and trademark-protected material is expressly prohibited by law, and may result in civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Without limiting the foregoing, copying or reproduction of the copyright and trademark-protected material to any other server or location for further reproduction or redistribution is expressly prohibited.

INTELLECTUAL PROPERTY
All site design, text, graphics, logos, icons, the selection and arrangement of these elements, and all software and content posted on the Website are the property of Poland’s Creek Farm or its licensors or suppliers, and are protected by U.S. and international intellectual property laws, including, but not limited to, copyright.  You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to Poland’s Creek Farm or any other person or entity without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Poland’s Creek Farm to terminate access to any user of the Website who repeatedly infringes the copyright rights of others, upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent.

All other trademarks and logos are the property of their respective owners and are reproduced with permission.

If you believe that your proprietary work has been copied and/or posted on the Website in a way that constitutes copyright infringement, please contact us via email at [email protected] with the following information:

– an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest

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

– a description of where the material that you claim is infringing is located on the Website

– your address, telephone number, and email address

– a written 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

– 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 are authorized to act on the copyright owner’s behalf.

LINKS
Any links to third party websites that are posted on the Website are not under the control of Poland’s Creek Farm, and we are not responsible for their contents or any other links within them. We are not responsible for transmissions you receive from third party websites or for their failure to work properly. Any links on the Website are provided only as a convenience, and Poland’s Creek Farm does not endorse any third party Websites, unless otherwise provided. You are solely responsible for abiding by the Terms of Use of any third party website.

MODIFICATIONS TO SITE AND SERVICES
Poland’s Creek Farm reserves the right to modify, suspend, delay or discontinue, temporarily or permanently, the Website (or any part thereof) or any of its products or services, with or without notice. You agree that Poland’s Creek Farm shall not be liable to you or to any third party for any modification, suspension, delay or discontinuance of the Website or any of its products or services.

GENERAL DISCLAIMER
Poland’s Creek Farm is not responsible for any incorrect or inaccurate submissions or postings on the Website, whether caused by users of the Website or by any of the equipment or programming used in or associated with the Website. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user communication. Poland’s Creek Farm is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or high traffic on the Internet or any combination thereof, including any injury or damage to your or to any person’s computer related to or resulting from participation or downloading materials in connection with the Website.

The Website and related services are provided AS-IS and, to the fullest extent permitted by law, WITHOUT WARRANTIES OF ANY KIND, either express or implied. This means, without limitation, that Poland’s Creek Farm DOES NOT WARRANT that the Website is fit for any particular purpose, that the Poland’s Creek Farm-posted content of the Website is non-infringing; that the services available via the Website will be uninterrupted; that defects will be corrected; that the Website is free of viruses or other harmful components, or that the information and content of the Website are accurate, error-free or reliable. You acknowledge that Poland’s Creek Farm and its affiliates, together with their respective employees, agents, directors, officers and shareholders, ARE NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.

LIMITATION OF LIABILITY
You acknowledge that Poland’s Creek Farm is not liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages, in connection with or arising from your use or from your inability to use the Website. This limitation applies to all potential claims, whether based on contract, tort, negligence, strict liability or otherwise, even if we have been advised of the possibility of damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Website, or with any of these Terms of Use, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

INDEMNIFICATION
You hereby agree to indemnify and hold Poland’s Creek Farm, its affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, damages, claim or demand (including court costs and reasonable attorneys’ fees) made by any third party due to or arising out of your use of the Website in violation of these Terms and Conditions and/or arising from a breach of these Terms and Conditions and/or any breach of your representations and warranties set forth above and/or if any of Your Content causes Poland’s Creek Farm to be liable to another.

GENERAL
Your access to the Website is governed by all applicable federal, state and local laws, including but not limited to the laws of obscenity, the right of privacy, fraud, and intellectual property. These Terms of Use and our relationship are governed by the laws of the State of Alabama, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Cleburne County, Alabama, U.S.A. in all disputes arising out of or relating to the use of the Website. Use is unauthorized in any jurisdiction that does not give effect to these Terms and Conditions, including this paragraph. No joint venture, employment, or other legal relationship exists between you and Poland’s Creek Farm as a result of these Terms and Conditions or your use of the Website. If any of these terms are held invalid or unenforceable, then they will be deemed superseded by a valid, enforceable provision that most closely matches the original intent, and the remainder of the agreement shall continue in effect. Unless otherwise specified and acknowledged by us in these terms, this is the entire agreement between you and Poland’s Creek Farm with respect to the Website. These Terms and Conditions supersede all prior or contemporaneous communications between you and Poland’s Creek Farm concerning any matters set forth herein. A printed version of these Terms and Conditions and any notices given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this agreement to the same extent and subject to the same conditions as other business documents originally in printed form.

Please contact us at [email protected] with any questions regarding these Terms and Conditions.

BY USING THIS SITE, I ACKNOWLEDGE THAT I HAVE READ THIS AGREEMENT IN ITS ENTIRETY, AND THAT I UNDERSTAND AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

DATE OF LAST REVISION:
March 1, 2024