Pasture

Subject to and conditioned on your compliance with all terms and conditions set forth in these Terms, we hereby grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license during the term of the Terms to use the Online Services solely for your personal purposes in capturing life's moments by recording and sharing them with others. You acknowledge that there are no implied licenses granted under these Terms. We reserve all rights that are not expressly granted. You may not use the Online Services for any other purpose without our prior written consent. You may be required to provide certain registration details or other information and become a "Registered User" before accessing certain features of the Online Services. It is a condition of your use of the Online Services as a Registered User to ensure all the information you provide is correct, current, and complete. The information you provide will be treated and used in accordance with our Privacy Policy. If you choose or are provided with a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any other person or entity. You acknowledge that your account is personal to you and agree not to provide any other person with access to the Online Services or portions of it using your user name, password, or other security information. You must notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You must exit from your account at the end of each session and use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password, or other identifier, whether chosen or provided, at any time in our sole discretion for any or no reason, including, without limitation, if, in our opinion, you have violated any provision of these Terms.

Except as expressly authorized under these Terms, you may not:

1. copy, modify, or create derivative works of the Online Services, in whole or in part;
2. rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Online Services;
3. reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Online Services, in whole or in part;
4. remove any proprietary notices from the Online Services;
5. use the Online Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law;
6. combine or integrate the Online Services with any software, technology, services, or materials not authorized by Company;
7. design or permit any applications to disable, override, or otherwise interfere with any Pasture communications to end users, consent screens, user settings, alerts, warning, or the like;
8. use the Online Services to replicate or attempt to replace the user experience of the Online Services in another application;
9. attempt to cloak or conceal your identity when requesting authorization to use the Online Services;
10. use the Online Services in connection with or to promote any products, services, or materials that constitute, promote, or are used primarily for the purpose of dealing in spyware, adware, or other malicious programs or code, counterfeit goods, items subject to U.S. embargo, unsolicited mass distribution of email ("spam"), multi-level marketing proposals, hate materials, hacking, surveillance, interception, or descrambling equipment, libelous, defamatory, obscene, pornographic, abusive, or otherwise offensive content, stolen products, and items used for theft, hazardous materials, or any illegal activities; or
11. use the Online Services in any manner that Pasture determines in its reasonable discretion is abusive or harmful. You will comply with all these Terms, all applicable laws, rules, and regulations, and all guidelines, standards, and requirements that may be posted on carewithpasture.com from time to time.

You agree to monitor the use of the Online Services for any activity that violates applicable laws, rules, and regulations or any of these Terms, including any fraudulent, inappropriate, or potentially harmful behavior, and promptly restrict any offending users of the Online Services from further use of the Online Services. You agree to provide a resource for users of the Online Services to report abuse of the Online Services at your operations. As between you and us, you are responsible for all acts and omissions of your end users in connection with yours and their use of the Online Services. You agree that you are solely responsible for posting any privacy notices and obtaining any consents from your end users required under applicable laws, rules, and regulations for their use of the Online Services and you represent and warrant that you have provided such notices and obtained such consents before submitting or allowing end users to submit information to us.

While these Terms do not entitle you to any support or updates for the Online Services, we may update or modify the Online Services from time to time and at our sole discretion (in each instance, an "Update"), and may require you to obtain and use the most recent version of the Online Services. Your continued use of the Online Services following an Update constitutes binding acceptance of the Update.

Use of the application may require payment of a yearly subscription fee. There may be trial discounts or other promotional offerings that affect the start date or amount of this subscription fee. This arrangement will be agreed to in writing between you and Pasture and is made on consideration of the mutual covenants set forth in these Terms, including, without limitation, the disclaimers, exclusions, and limitations of liability set forth herein. We reserve the right to change the fee structure for access to and use of the Online Services at any time.

Pasture owns the Online Services, displays, images, video, and audio, as well as the design, selection, and arrangement thereof. The United States and international copyright, trademark, patent, trade secret, and other intellectual property or propriety rights laws protect the Online Services and such material. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Online Services in breach of these Terms, or if you otherwise breach these Terms in any way, your right to use the Online Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Online Services or any content on the Online Services is transferred to you, and Pasture reserves all rights not expressly granted by these Terms or separately in writing. "Online Services," and its logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Pasture or its affiliates or licensors. You must not use such marks without Pasture's prior written permission. All other names, logos, product and service names, designs, or slogans on the Online Services are the trademarks of their respective owners.

If you submit any idea, proposal, suggestion, or other material to Pasture suggesting changes, improvements, enhancements, or other features or aspects of the Online Services (collectively, "Feedback"), such Feedback becomes Pasture's property and you waive and assign to Pasture all rights, title, and interest you have or may have had in any such Feedback. You agree you provide all Feedback without compensation or restriction, and you agree Pasture is under no obligation to use such Feedback.

You understand and agree that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Online Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE ONLINE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ONLINE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE ONLINE SERVICES OR ANY OTHER SERVICE OR WEBSITE LINKED TO THE ONLINE SERVICES. YOUR USE OF THE ONLINE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE ONLINE SERVICES IS AT YOUR OWN RISK. THE ONLINE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE ONLINE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER Pasture NOR ANY PERSON ASSOCIATED WITH Pasture MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE ONLINE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER Pasture NOR ANYONE ASSOCIATED WITH Pasture REPRESENTS OR WARRANTS THAT THE ONLINE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ONLINE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE ONLINE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ONLINE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, Pasture HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER THE APPLICABLE LAW.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL Pasture, ITS AFFILIATES, OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE ONLINE SERVICES, ANY WEBSITES OR SERVICES LINKED TO IT OR ANY CONTENT OR SERVICES ON THE ONLINE SERVICES OR SUCH OTHER WEBSITES OR SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

You agree to defend, indemnify, and hold harmless Pasture, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, supplies, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Online Services, including, without limitation, any use of the Online Services' content, services, and products other than as expressly authorized in these Terms, or your use of any information or products obtained from the Online Services.

All matters relating to the Online Services and these Terms, and any dispute or claim arising therefrom or related thereto (in any case, whether sounding in contract, tort, or statute), shall be governed by and construed in accordance with the internal laws of the State of Iowa without giving effect to any choice or conflict of law provision or rule. The parties agree the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Any legal suit, action, or proceeding arising out of or relating to these Terms or the Online Services shall be instituted exclusively in the state or federal courts sitting in the State of Iowa, County of Polk. You waive any objections to the exercise of jurisdiction over you by such courts and you agree venue is appropriate and convenient in such courts.

YOU MUST COMMENCE ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF THE ONLINE SERVICES WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

No waiver by Pasture of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Pasture to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

These Terms and our Privacy Policy, except as modified separately in writing by you and Pasture, constitute the sole and entire agreement between you and Pasture regarding the Online Services and your use thereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding the Online Services.