Bovicom/MmmooOgle Terms of Service

 

1. Acceptance of Terms

Through this website, Bovicom/MmmooOgle (“we” or “us”) provides access to software/ a digital eco-system and services (“Services”) that allow a user (“user” or “you”) to use MmmooOgle for the purpose of getting access to farm production data for optimizing farm related decisions to achieve the objectives of the farm and to realize them. These Terms of Service (“Agreement”) describes the terms and conditions on which Bovicom/MmmooOgle provides the Services to you. READ THIS AGREEMENT CAREFULLY. BY INDICATING ACCEPTANCE OF THIS AGREEMENT OR BY OTHERWISE USING THE SERVICES OR THIS WEBSITE, OR BY USING MMMOOOGLE ECO-SYSTEM, YOU ARE ENTERING INTO THIS AGREEMENT WITH BOVICOM/MMMOOOGLE. THIS IS A LEGALLY BINDING AGREEMENT. If you do not agree to these terms and conditions, you are not permitted to use the Services or this website or to use the MmmooOgle Eco-system.

2. Description of Service

Bovicom/MmmooOgle provides access to a digital eco-system, whereby farmers and their consultants get access to the farm-related data and information to optimize decisions, in order to achieve the objectives of the dairy farm and to realize them (“Service” or “Services”). You may use the Services for your personal and business use or for internal business purpose in the organization that you represent. You may connect to the Services using any Internet browser supported by the Services. You are responsible for obtaining access to the Internet and the equipments necessary to use the Services.

3. Your Use of Service

Bovicom/MmmooOgle hereby grants you a non-exclusive, non-transferable, non-sublicensable right to access and use its Services. Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly: (i) modify, reproduce or otherwise create derivatives of any part of the Services or Site Content (as defined below); (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (iii) rent, lease, resell, distribute or use the Services for time sharing, service bureau, or commercial purposes (except for the limited commercial purpose of selling event tickets through the Site as an Organizer in accordance with this TOS); (iv) remove or alter any proprietary notices or labels on or in the Services or Site Content; or (v) engage in any activity that interferes with or disrupts the Services.

4. Registration

If you register as a User or otherwise use the Services, you represent and warrant to Bovicom/MmmooOgle that: (i) you are of legal age to form a binding contract; (ii) you will provide Bovicom/MmmooOgle with accurate, current and complete registration information in Bovicom/MmmooOgle’s registration form (the “Registration Data”); and (iii) your registration and your use of the Services is not prohibited by law. You agree to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Bovicom/MmmooOgle has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Bovicom/MmmooOgle has the right to suspend or terminate your account and refuse any and all current or future use of the Bovicom/MmmooOgle Services (or any portion thereof). You should not share your password nor use the Services using the registration of any third party.

5. Proprietary Materials

All the text, images, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content on this website, other than User Content as defined below (“Site Content”), and all software embodied in this website or otherwise used by Bovicom/MmmooOgle to deliver the Services is proprietary to us or to third parties, and except as otherwise expressly permitted by this Agreement, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or other reduction of such software to human-readable form is prohibited. The marks “MmmooOgle” and the MmmooOgle logo are trademarks of Bovicom/MmmooOgle, and they may not be used in connection with any service or products other than those provided by Bovicom/MmmooOgle, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Bovicom/MmmooOgle. Any use of such marks, or any others displayed on the Services, will inure solely to the benefit of their respective owners.

6. License to Use the Services

Usage of Services is allowed for paying users only. Bovicom/MmmooOgle may make reasonable modifications to the Services at any time. You may not remove any copyright, trademark or other proprietary notices that have been placed on the Bovicom/MmmooOgle Property. Except as expressly permitted by this Agreement, any modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any way the Bovicom/MmmooOgle Property, or any portion of the Bovicom/MmmooOgle Property, is strictly prohibited without the prior written permission of Bovicom/MmmooOgle. You agree, and represent and warrant, that your use of the Services and the Bovicom/MmmooOgle Property, or any portion thereof, will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to the Services, the Bovicom/MmmooOgle Property or your use of them, and that in using the Services you will not engage in any conduct that restricts or inhibits any other person from using or enjoying the Services.

7. User Content

As part of using MmmooOgle, you may insert, edit, submit, handle in any other way, or distribute using MmmooOgle, sensitive farming business data, farm operating data, farm production data, personal contact and third party data, and other materials and information (collectively, “User Content”). The User Content remains your property, and Bovicom/MmmooOgle does not claim any ownership of the copyright or other proprietary rights in such information and User Content. Notwithstanding the foregoing, you agree that:

your User Content may be associated with your MmmooOgle account, and that accordingly your User Content will be attributable to you, that third parties will possibly gain access to your User Content through the Services, and Bovicom/MmmooOgle shall in no event be liable to you for any use or misuse of your User Content by any third party.;

you grant Bovicom/MmmooOgle and its Partners a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable license, with right to sublicense, to copy, modify, use, publish, distribute, prepare derivative works, publicly perform, publicly display and otherwise exploit the User Content in connection with operation of the Services, promotion of the Services, and any other purposes reasonably related to using MmmooOgle and for the purposes of promotions and advertising of Bovicom/MmmooOgle and its Partners.

You represent and warrant that you own all proprietary and business rights in your User Content or, with respect to any User Content you do not own, you have the full authority and right to store the User Content and to grant the licenses granted hereunder, and that your storing and handling of the User Content, and the exercise by Bovicom/MmmooOgle, its Partners and Customers of the license rights granted by you shall not infringe any third party intellectual property rights, nor violate any rights of privacy or publicity, nor be defamatory, libelous or obscene, nor violate any other right, privilege or interest of any third party; and if any royalties are payable to any third party for exploitation of User Content stored or handled by you in accordance with the licenses granted by you in this Agreement, you shall be responsible for and pay such royalties.

Bovicom/MmmooOgle is under no obligation to edit or control User Content that you and other users store to or distribute, and will not be in any way responsible or liable for User Content. Bovicom/MmmooOgle does not vet or control the Customers or other individuals that use the Services. You store, access and use User Content at your own risk, and Bovicom/MmmooOgle and its Partners shall not be liable for any loss or damage that any person may suffer as a result of using the Service or using or relying on the User Content. No user of the Services shall:

Use, store, distribute or transmit, any User Content in violation of, or in connection with any violation of, any local, state, national or international laws;
Impersonate any person or entity, or forge or manipulate headers to disguise the origin of any User Content;

Except as otherwise permitted by this Agreement, harvest or otherwise collect data about others, including email addresses, without their consent;
Engage in any other conduct that interferes with the Services or that restricts or inhibits any other person from using or enjoying any User Content, or the Services, or which, in Bovicom/MmmooOgle’s sole judgment, exposes MmmooOgle, its Partners, or any of their officers, directors, employees or agents to any liability or detriment of any type.

8. Services Restrictions

No user of the Services shall store, upload to, distribute through or otherwise use in connection with the Services any User Content that:
Is libelous, defamatory, threatening, abusive, harassing, scandalous, obscene, invasive of another’s privacy, pornographic, harmful to minors or unlawful or that encourages a criminal offense;
Infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; Contains any statement, formula, direction, recipe, prescription or other matter that involves a reasonably foreseeable risk of injury or damage to the material’s readers or others; or
Harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
Is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;
Constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement; or contains non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure.
Bovicom/MmmooOgle reserves the right (but is not obligated) to do any or all of the following:
record Customer Content;
investigate any allegation that Customer Content or Customer registration information does not conform to the terms and conditions of this Agreement;
remove Customer Content or Customer registration information that is abusive, illegal or disruptive, or that otherwise fails to conform with the terms and conditions of this Agreement;
monitor, edit or disclose any Customer Content or Customer registration information; or
edit or delete any Customer Content or Customer registration information, regardless of whether such content violates any terms and conditions of this Agreement.
Bovicom/MmmooOgle has no liability or responsibility to users of the Services or any other person or entity for performance or nonperformance of the aforementioned activities.

9. Third Party Websites

The Bovicom/MmmooOgle website may contain links to third-party websites. The linked sites are not under our control, and we are not responsible for the contents of any linked site. We provide these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by Bovicom/MmmooOgle. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.

10. Warranty Exclusions and Limitations of Liability

Bovicom/MmmooOgle warrants that the Services and Bovicom/MmmooOgle Property will conform substantially to the descriptions set forth on the Bovicom/MmmooOgle website. However, Bovicom/MmmooOgle does not warrant that the Services or Bovicom/MmmooOgle Property will operate error-free or without downtime. Bovicom/MmmooOgle may pause or interrupt the Services at any time, and users should expect periodic downtime for updates to MmmooOgle. In the event of any breach of this warranty, the Customer’s sole and exclusive remedy, and Bovicom/MmmooOgle’s sole and exclusive liability, shall be (at Bovicom/MmmooOgle’s option) to remedy the failure or to refund the amount paid by the Customer, if any. Except as set forth in the foregoing sentence, Bovicom/MmmooOgle makes no representations or warranties of any kind regarding the Services or the Bovicom/MmmooOgle Property. BOVICOM/MMMOOOGLE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; THAT THE SERVICES AND BOVICOM/MMMOOOGLE PROPERTY WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE SERVICES OR BOVICOM/MMMOOOGLE PROPERTY, AND AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICES OR THE BOVICOM/MMMOOOGLE PROPERTY. No advice or information, whether oral or written, obtained by you from Bovicom/MmmooOgle or through the Services will create any warranty not expressly stated herein. Participating in any physical activity involves some risk of physical injury or death. Bovicom/mmmooogle and its partners do not assume any responsibility for the content of mmmooogle, for the behavior of users, or for any other risk of bodily injury or death arising in connection with using mmmooogle. Bovicom/mmmooogle and its partners are not responsible for ensuring access to the locations where mmmooogle is used. Users participate in bovicom/mmmoogle at their own risk. Under no circumstances will you be entitled to recover from bovicom/mmmooogle or any partner any incidental, consequential, indirect, punitive or special damages (including damages for loss of business, loss of profits or loss of use), whether based on contract, tort (including negligence), or otherwise arising from or relating to the services or bovicom/mmmooogle property, even if bovicom/mmmooogle or such partner has been informed or should have known of the possibility of such damages. In any event, the maximum aggregate liability of bovicom/mmmooogle and its partners for any and all damages arising from the services or the bovicom/mmmooogle property shall be a refund of the amount paid by you to bovicom/mmmooogle, if any. Some jurisdictions do not allow the limitation or exclusion of warranties or of liability, so some of the above limitations or exclusions may not apply to you.

11. Indemnity

Customer shall defend, indemnify and hold harmless Bovicom/MmmooOgle against any and all claims, actions, proceedings, suits, liabilities, losses, damages, costs, expenses and attorneys’ fees arising in connection with Customer’s use of Bovicom/MmmooOgle, participation in Bovicom/MmmooOgle, or Customer’s breach of any provision of this Agreement, including, without limitation, any claim by any participant in any Bovicom/MmmooOgle designed by Customer, or any claim by any non-participant third party who suffers any injury in connection with the use of Bovicom/MmmooOgle by Bovicom/MmmooOgle participants. Bovicom/MmmooOgle reserves the right to assume the sole control of the defense and settlement of any claim, action, suit or proceeding for which you are obliged to provide indemnification hereunder. You will cooperate with Bovicom/MmmooOgle with respect to such defense and settlement.

12. Minors

Bovicom/MmmooOgle is not directed to users under the age of 18. If you are under the age of 18, you are not permitted to register as a Customer or to send personal or business data to Bovicom/MmmooOgle.

13. Link to the Privacy Policy

Bovicom/MmmooOgle is concerned about user privacy and operates the Services under the PRIVACY POLICY published at MmmooOgle.com/privacy. We urge you to read this policy now and, because the policy is updated from time to time, later at your convenience.

14. Modifications

Bovicom/MmmooOgle reserves the right to modify this Agreement, any aspects of the Services, or its policies at any time, with or without notice to you. You are under an obligation to review the current version of this Agreement and other Bovicom/MmmooOgle policies before using MmmooOgle.

15. Force Majeure

In no event shall Bovicom/MmmooOgle be liable for any failure to comply with this Agreement to the extent that such failure arises from factors outside Bovicom/MmmooOgle’s reasonable control.

16. Changes to Terms of Service

Bovicom/MmmooOgle may change these Terms from time to time in its discretion. Your continued use of our sites indicates your consent to these Terms and any amended versions of it. This document was last updated on March 8^th, 2017.

17. Applicable law and competent court

The Agreement and any non-contractual obligations arising out of or in connection with it shall be governed by and construed and interpreted under the laws of Belgium, excluding its conflict of law rules, unless otherwise required by mandatory law of a member state of the European Union or any other jurisdiction.

Any dispute, controversy or claim arising out of or in connection with the Agreement or any noncontractual obligation arising out of or in connection herewith, or the breach, termination or invalidity thereof, shall be exclusively brought before the courts of Belgium, using the District Court (“Rechtbank”) of Antwerp as the first instance.