Terms of Service
Auto Renewing Subscriptions
For auto renewing subscriptions completed in our iOS Apps following terms apply:
– Payment will be charged to iTunes Account at confirmation of purchase.
– Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period.
– Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal.
– Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s Account Settings after purchase.
– Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable.
– You can cancel a free trial or subscription anytime by turning off auto-renewal through your iTunes account settings. This must be done 24 hours before the end of a free trial or subscription period to avoid being charged. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free service.
2. USE CONSTITUTES ACCEPTANCE
By accessing Hay Map or using any of our services you agree to these Terms. If you do not agree to these Terms, you may not use Hay Map and should exit the App or Site immediately.
4. PROTECTION OF MINORS
You must be 13 years or older to use Hay Map and must be 18 years or older to register with Hay Map. In cases where you have authorized a minor (someone under 18 years of age) to use Hay Map, you acknowledge and agree that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor’s access to and use of the Site, App or Services; and (iii) the consequences of any misuse by the minor.
5. NO DUTY TO MONITOR
You agree that we are not liable for content that is provided by others. We have no duty to screen content supplied by users, but we have the right to refuse to post submitted content. We reserve the right to remove any content for any reason at any time.
6. CHANGES TO HAY MAP
We may discontinue or change any Hay Map content, service, function or feature at any time with or without notice.
7. OUR RELATIONSHIP WITH YOU
Hay Map is a platform that helps buyer and sellers communicate about and transact for hay and forage products. We are an independent contractor for all purposes, and are not your agent or trustee. We do not have control of, or liability for, the listings or services that are exchanged between buyers and sellers. We do not guarantee the identity of any buyer or seller or ensure that a buyer or a seller will satisfactorily complete any transaction and we do NOT HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY LISTINGS, SERVICES OR PAYMENTS PROVIDED TO YOU BY THIRD PARTY BUYERS OR SELLERS. Our role is STRICTLY LIMITED to that of a facilitator and third-party record-keeper. We do not endorse, promote or represent the truthfulness or accuracy of any statement made on or through the Hay Map App, Site or Services.
8. FEES AND PAYMENTS
8.1 Fees: There are currently no fees to use the Hay Map service. We may charge for the service in the future to maintain the platform, but we will alert you beforehand and make you agree to new terms if we ever charge a fee for our services.
8.2 Refunds: In general all payments by you to us are final and are not refundable. At our discretion some buyer’s deposits may be eligible for a refund if the transaction is proved to be incomplete, not have taken place and negative feedback has been left for the seller stating the reason for not purchasing their product. Keep in mind the other party is also leaving feedback for the transaction too, so there must be a general consensus that the transaction was not completed for the buyer to eligible for a refund.
8.3 Cancellations: You may cancel your account at any time but we do not provide any refunds in relation to cancellations
8.4 Third Party Terms and Fees: Fees may be processed by third payment processors. Your use of a third party payment processor is subject to any additional terms and conditions and fees imposed by such third party payment processor.
8.5 Records: We maintain records of your services, Fees and payments and all such records are taken to be correct unless they are proven to be in error.
If you wish to register with Hay Map you will need a username. You can select any username you like, except that your username cannot be an impersonation of another person, a term that is the same or confusingly similar to a famous trademark, or a term that is offensive in any way. You may, but are not obligated to, use your own name. If you do use your own name, you consent to it being passed to others by use of certain of the functions of Hay Map. We reserve the right to reject or remove any username.
10. THIRD PARTIES AND EXTERNAL LINKS
10.1 Third Party Suppliers: You agree that your dealings with third party suppliers found on or through Hay Map, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party supplier, and you agree not to hold HayMap LLC liable for any disputes you may have with such third party supplier.
10.2 Links: Hay Map provides, and third parties may provide, links to other apps, websites or resources. As we have no control over such apps, websites and resources you agree that such links are provided solely for your convenience and we are not responsible for the availability of such external resources and are not liable for the content or operations of such apps, websites or resources. If you decide to access any third party resources linked to Hay Map you do so entirely at your own risk.
12. OWNERSHIP AND INTELLECTUAL PROPERTY
12.1 You Gain No Ownership: No intellectual property ownership rights transfer from you to us, or us to you, as a result of this Agreement. The Hay Map App and content is protected by copyright, trade-marks, database and other intellectual property rights. You may retrieve and display the content or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on Hay Map without written permission from HayMap LLC.
12.2 License to Host Your Content: In these Terms, “your content” means all works and materials (including but not limited to ratings, listings, text, images, documents, comments, graphics, audio material, video material, and files) that you submit to us for publication on Hay Map. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to:
You may edit your content to the extent permitted using the editing functionality made available by us. Without prejudice to our other rights under this Agreement, if you breach this Agreement in any way, or if we reasonably suspect that you have breached this Agreement in any way, we may delete, un-publish or edit any or all of your content.
12.3 No Infringement of Third Party Rights: You warrant and represent that your content will not infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right; and you possess all sufficient permissions, rights and/or licenses to provide or upload all and any content shared by you on or through Hay Map.
You agree and acknowledge you must not infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right of any third party through your use of Hay Map and must only share content when you possess all sufficient permissions, rights and/or licenses to provide or upload all and any content shared by you on or through Hay Map. Further, in the event of you infringing the intellectual property rights of any third party through your use of Hay Map, it is you and not HayMap LLC that will be liable.
12.4 Copyright Infringing Content: A portion of the Site’s content is contributed by our users and is known as User Generated Content (UGC). We do not check UGC for violations of copyright, trademarks or other rights but the Site is protected by international safe-harbor provisions for online service providers and follows international best practice such as the principles of the EU Directive on Electronic Commerce and the US Digital Millennium Copyright Act (DMCA).
We will act expeditiously to remove content as soon as we have we have actual knowledge that it infringes copyright. If you believe there is copyright infringing material on the Site, please contact us at [email protected] with the following information:
13. YOUR LICENSE TO USE HAY MAP
14. ACCEPTABLE USE OF HAY MAP
You must not:
15. PERSONAL INFORMATION AND PRIVACY
16. YOUR CONTENTS
16.1 Your Content: You grant us a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty free license to use the content you provide to us in any way.
16.2 Use of Your Feedback: You agree that we may use your feedback, suggestions, or ideas in any way, including in future modifications of Hay Map, other products or services, or advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to us in any way.
16.3 Prohibited Content: You may not use Hay Map for any of the following purposes:
16.4 Right to Remove: We reserve the right to refuse to post material on Hay Map or to remove material already posted on Hay Map.
17. WARRANTIES AND DISCLAIMERS
We provide the App and Site and their contents “AS IS.” We and our suppliers make no express warranties or guarantees about the Site and App. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES INCLUDING ANY WARRANTY THAT THE APP AND SITE ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE APP OR SITE OR OUR CONTENT WILL MEET YOUR REQUIREMENTS, ARE ERROR-FREE, RELIABLE, OR WILL OPERATE WITHOUT INTERRUPTION. Because some jurisdictions do not permit disclaimer of implied warranties, you may have additional consumer rights under your local laws.
18. LIMITATIONS OF LIABILITY
You may not assert claims for money damages arising from this App, the Site or their contents. We and our suppliers shall not be liable for any indirect, special, incidental, consequential or exemplary damages, even if we knew or should have known of the possibility of such damages. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability, and the liability of our company and suppliers, shall be limited to the extent permitted by law.
19. YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant to us that:
You agree to indemnify and hold harmless HayMap LLC and its employees, representatives, agents, and affiliates, against any and all claims, suits, actions, or other proceedings brought against them based on or arising from any claim resulting from your breach of this Agreement, your violation of any law or third party right, any claim that use of Hay Map has harmed a third party, or your use of the App, Site, the Services or your data. You will pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by us in connection with or arising from any such claim, suit, action, or proceeding. HayMap LLC reserves the right, in its sole discretion and at its own expense, to assume the exclusive defence and control of any claims. You agree to reasonably cooperate as requested by HayMap LLC in the defence of any claims.
Hay Map reserves the right, in our absolute discretion, to terminate your access to all or part of the App, Site or Services without notice. Upon such termination or suspension you will be denied access to any information or files you have stored on Hay Map.
22. INTERNATIONAL USE
We make no representation that Hay Map is appropriate or available for use in locations outside the US. If you choose to access Hay Map from a location outside the US, you do so on your own initiative and you are responsible for compliance with local laws.
23. GENERAL PROVISIONS
23.3 Assignment: You may not assign your rights or obligations under this Agreement to any party, and any attempt to do so will be void and without effect. We are free to assign this Agreement.
23.4 Communication and Notices: You consent to receive notices and information from us in respect of our App, Site and Services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your account. We may provide you with notices, including those regarding changes to these terms by email, paper mail, publication on Hay Map, by SMS, or in any other way recognised by law. You may contact us at [email protected]
23.5 Waiver: Our failure to exercise or enforce any right or provision of these terms is not a waiver of such right or provision.
23.6 Severability: If any provision is found by a court of competent jurisdiction to be invalid, the parties agree that the court must as far as possible give effect to the parties’ intentions as reflected in it, and these terms otherwise remain in full force and effect.
23.7 Compliance with Laws: In using Hay Map, you must comply with all applicable laws and regulations and, without limitation you must not use Hay Map (or allow it to be used) in connection with or in furtherance of any fraudulent scheme or purpose.
23.8 Law Enforcement: You authorise us to provide any information or comply with any request in relation to you or your account that is requested by any government, court or law enforcement agency. We are not obliged to verify or validate the identity or authority of any such government, court or law enforcement agency if it appears to us, acting in good faith, to be legitimate.