General
The website accessible through vanmeterswindyridgefarm.com and all related digital applications (collectively, the “Businesses of Windy Ridge Farm, PV-Designs and Poetic Pastries hereto referred to as – “Services”) are owned, operated and protected by Windy Ridge Farm Co. of Hardy County WV. Content and features available on the pages of this site are owned by or licensed to Windy Ridge Farm Co. These Terms of Service apply to all users, including both users who are simply viewing the site, commenting and users who are also contributors of content, information and other materials or services on the website.
You may use the Services solely for personal, noncommercial use. You agree that you will not: (a) copy or distribute any part of the Services in any medium without Windy Ridge Farm Co.’s prior written authorization; or (b) alter or modify any part of the Services in any manner. In order to access some features of the Services, you may need to create an account. You may never use another’s account without permission. When creating your account, you represent and warrant to the Services that the information you provide is accurate and complete in all respects. You agree that you will be solely responsible for all activity that occurs on your account, whether or not authorized by you. If an account is created you will need to secure your password. The Services shall be notified immediately in the event you become aware of, or suspect, any breach of security or unauthorized use of your account.
These Terms of Service and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Windy Ridge Farm Co. and all associated Services without restriction.
Use of Services are available only to individuals who are at least 18 years old. If you are not 18 years old, you are not authorized to use the Services which require a login, wherein any purchases are made.
Windy Ridge Farm Co. and all associated Services, at their sole discretion, modify these Terms of Use at any time. By accessing the Services at any time after such modifications, you are agreeing to such modifications.
External Links
When you use the Services external links, you should be aware that Windy Ridge Farm Co. cannot guarantee that all information is accurate and information is not updated on a continuous basis to reflect changing conditions; or live link activity.
Visiting links you learn about via the Services can be dangerous and may take you to difficult to access or potentially treacherous locations, if sites have been hacked. We makes no warranties, expressed or implied, regarding any such location or the accuracy, completeness or suitability of the information through the Service about such locations. We recommend security review of any and all urls before opening.
Third Party Services
The Service may contain links to third party websites, applications and other resources that are not owned or controlled by Windy Ridge Farm Co. and Services are “Third Party Services”. You acknowledge and agree that Windy Ridge Co. has no control over such Third Party Services; as such we are not responsible for the availability of such Third Party Services and we do not endorse and are not responsible or liable for any content, advertising, products, features, services, information or other materials on or available from such Third Party Services, or any websites, applications or other resources that they may link to (collectively, “Third Party Content”). Windy Ridge Co. – PV-Designs and Poetic Pastries, shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third Party Service or Third Party Content.
Intellectual Property Rights
Except where otherwise indicated, all material included on the Services, including (without limitation) the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein, are owned by or licensed to Windy Ridge Farm Co. – PV-Designs – Poetic Pastries, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. In addition, the compilation and presentation of the content on the Services is subject to copyright owned exclusively by Services and associates. Content on the Services may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Windy Ridge Farm Co, and Service Associates. Reservation of all rights not expressly granted in and to the Services and the content. You agree to not engage in the use, copying, or distribution of any of the content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Service for any commercial purposes. If you download or print a copy of the content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Services or features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein.
User Submissions
Content submitted by users for inclusion on the Services, not limited to feedback, comments, images, articles etc. is referred to in these Terms of Service as “User Submissions.” Whether or not such User Submissions are published, they will be subject to these Terms of Use. Windy Ridge Farm Co, and Associates of Services does not guarantee any confidentiality with respect to User Submissions (whether or not published). You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to your User Submissions (and all Content included therein), including the right to authorize Windy Ridge Farm Co. – Poetic Pastries – P-V Designs to use the User Submissions in the manner contemplated by the Services and these Terms of Service.
You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Services you hereby grant Windy Ridge Farm C. and Services Associated an irrevocable, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display and perform the User Submissions in any media formats now or hereafter created and through any media channels now or hereafter created. You also hereby grant each user of the Services a non-exclusive license to access your User Submissions through the Services and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Services and under these Terms of Service.
We do not endorse any User Submission or any opinion, recommendation, or advice expressed therein and expressly disclaims any and all liability in connection with User Submissions. Windy Ridge Farm and Services reserve the right to remove Content and User Submissions without prior notice (or to refuse to publish any User Submission) for any reason and to terminate or refuse a User’s access to Services for any reason.
Windy Ridge Farm Co. and Services will not tolerate violations of intellectual property rights on any Services. If you are a copyright owner and believe that any User Submission or other content infringes upon your copyrights; you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”). To provide Windy Ridge Farm Co. and Services notice of an infringement, you must provide a written communication to the attention of “DMCA Infringement Notification Dept.” via this form that sets forth the information specified by the DMCA (see http://www.copyright.gov/title17/92chap5.html#512). You may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright.
Warranty Disclaimer and Limitation of Liability
You agree that your use of the service shall be at your sole risk, and that all content is provided to you “as is.” To the fullest extent permitted by law, Windy Ridge Farm Co. and Services, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the service and your use thereof. Services makes no warranties or representations about the accuracy or completeness of the service’s content or the content of any sites linked to the service and assumes no liability or responsibility for any (i) errors, mistakes or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the service, (iii) any unauthorized access to or use of Windy Ridge Farm Co. and Associate Services secure servers and/or any and all information stored therein, (iv) any interruption or cessation of transmission to or from the service, and/or (iv) any bugs, viruses, Trojan horses, or the like that may be transmitted to or through the service by any third party. Services does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Windy Ridge Farm Co. and Associate Services, service or any hyperlinked service or featured in any banner or other advertising and will not be a party to, or in any way be responsible for, monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
In no event shall Windy Ridge Farm Co. – Poetic Pastries – PV-Designs be liable under contract, tort, strict liability, negligence or other legal theory (i) for any lost profits or special, indirect, incidental, punitive or consequential damages of any kind whatsoever, substitute goods or services (however arising) or (ii) for any direct damages in excess of (in the aggregate) $100. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Services is controlled and offered by Windy Ridge Farm Co. – Poetic Pastries – PV-Designs from its facilities in the United States of America. No representations that Services is appropriate or available for use in other locations. Those who access or use Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Indemnity
You agree to defend, indemnify and hold harmless Windy Ridge Farm Co. – Poetic Pastries – PV-Designs and its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that one of your User Submissions caused damage to a third party; or (v) any action taken by a third party using your account or user ID. This obligation will survive these Terms of Service and your use of the Services.
Code of Conduct
You may not use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Windy Ridge Farm Co. – Poetic Pastries – PV-Designs. In furtherance and not in limitation, of the foregoing, you agree not to take any of the following actions in connection with your use of the Services: (i) abuse, harass, threaten, impersonate or intimidate others; (ii) contribute any User Submission that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party; (iii) engage in any activity intended to obtain password, account, or private information from any user; (iv) transmit unwanted email or other communications; or (v) submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops) or off-topic content; (vi) take any action that might impose an unreasonable or disproportionately large load on Windy Ridge Farm Co. – Poetic Pastries – PV-Designs’ infrastructure; (vii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on or within the Services; (viii) bypass any measures Windy Ridge Farm Co. – Poetic Pastries – PV-Designs may use to prevent or restrict access to the Site; or (ix) participate in any effort that in any way artificially alters the results of any voting or rating mechanism on or in the Services.
Miscellaneous
You agree that Windy Ridge Farm Co. – Poetic Pastries – PV-Designs shall be deemed a passive application based solely based in WV and shall not give rise to personal jurisdiction over Windy Ridge Farm Co. – Poetic Pastries – PV-Designs, either specific or general, in jurisdictions other than West Virginia. These Terms of Service shall be governed by the internal laws of the State of WV, without regard to its conflict of laws principles. Any claim or dispute between you and Windy Ridge Farm Co. – Poetic Pastries – PV-Designs that arise in whole or in part from the Services shall be subject to the exclusive jurisdiction of the federal and State courts located in Hardy County WV. These Terms of Service, together with the Privacy Policy and any other legal notices published by Windy Ridge Farm Co. – Poetic Pastries – PV-Designs on the Service, constitute the entire agreement between you and Windy Ridge Farm Co. – Poetic Pastries – PV-Designs concerning the Services. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Windy Ridge Farm Co. – Poetic Pastries – PV-Designs’ failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
