2 Use of the Site
(a) Upload your data and information ("User Content") to the Site;
(b) print and download extracts from the Site for your personal reference; and
(c) refer persons in your organization to the Site and/or others authorized to use the Site on your behalf.
You must not use the Site and/or attempt, allow or enable others to:
(a) Engage in any fraudulent or harmful activity, including but not limited to, threaten, harass or bully or distribute spam, Trojan horses, viruses and any other forms of malware or harmful items;
(b) upload, use, make available and/or share any User Content (as defined in section 2) on the Site which (i) violates the rights of third parties, including but not limited to, any intellectual property rights or the privacy or labour rights of your employees or other third parties, or (ii) contains any false, fraudulent, illegal, harmful and/or defamatory material;
(c) scan and/or test the vulnerability of the Site or breach, disable, circumvent, remove or damage any authentication or security measures or any other technical restrictions on this Site;
(d) make alter, translate, modify, reproduce, disassemble, decompile, reverse engineering, create derivative works or in any other way exploit the whole or parts of the Site without the explicit written consent from Yara;
(e) use any part of the Site or the Site Content for commercial purposes without obtaining a license to do so from us or our licensors;
(g) modify copies of any Site Content which you have printed or downloaded, and you must not use such Site Content without, if any, accompanying text. Our status (and that of any identified contributors) as authors of Site Content must always be acknowledged.
We aim to update the Site regularly and may at any time change the Site and/or its content. If the need arises, we may without notice suspend access to the Site or on our sole discretion close it indefinitely.
3 Access to the Site, Accounts and Password
To use this Site, you must create an account and provide the information that is requested. By creating an account you will be regarded as "Account Owner". It is your obligation to make sure that your contact details and account information is accurate and updated.
Yara reserves the right to close your account and/or remove User Content, at any time for any reason, without notice or liability.
This Site offers resources such as, but not limited to, information, data, documents, photographs, graphics, artwork, user interfaces, text, audio and video and features that will enable you to upload, download, share and otherwise utilize your data on the Site ("Site Content").
5 Data Collection and Use
Yara reserves a royalty free right to collect, use, and otherwise utilize User Content, including any personal data from which an individual can, directly or indirectly be identified, for commercial, statistical, analytical and/or marketing purposes on the terms and conditions set out herein. Yara may hereunder use the User Content for:
(a) Provision of reports and/or recommendations derived from such User Content that may be relevant to you in respect of your business activities;
(b) aggregation of User Content with other locally available data (the "Aggregated Data") and to compile and analyze the Aggregated Data to prepare reports, studies, analyses, statistics, etc. for any purpose;
(c) transfer of Aggregated Data to any associated third party farm management portal (domestic and/or foreign) for the purposes of i) improving or developing the Site and similar portals and software and tools intended to be used with such portals; and ii) for the proper functioning of the Site and similar portals and software and tools intended to be used with such portals; and
(d) use and distribution of Aggregated Data within Yara's group of companies (domestic and/or foreign) for any purpose, including but not limited to, as part of its business offerings towards other customers and business partners.
Upon termination of this Agreement, irrespective of the reason, Yara shall retain the right to use the Data as specified herein, except for the use set out in this section 5 first paragraph letter (a).
7 Intellectual Property Rights
The Site and the Site Content is the intellectual property of Yara and/or a third party from which Yara has purchased a license. All rights, title and/or interest, recognized in any country or jurisdiction in the world, whether registered or not, to the Site and the Site Content is reserved.
If you are the owner, or authorized representative of the owner, of a copyright, trademark or other intellectual property right, you hereby agree to notify Yara without delay of any infringements of your rights occurring on or through the Site. Yara will, at its sole discretion, delete any Site Content and/or User Content that infringes or is suspected to infringe any third party rights.
8 Disclaimer and Limitation of Liability
Yara will not be liable if, for any reason, the Site is unavailable. We may at our sole discretion restrict access to the entire or parts of the Site and/or interrupt the operations of the Site as necessary to perform maintenance, corrections or other changes without notice or liability. It is your sole responsibility to ensure that a secure connection is used to communicate with the Site.
The Site and Site Content is provided to you "as is". Yara makes no warranty or representation of any kind as to the validity, accuracy, correctness, suitability, availability or timeliness of the Site. Yara is under no obligation to update the Site. All use of the Site is at your own risk, including but not limited to the risk that you might be exposed to inaccurate, inappropriate and otherwise objectionable content.
Any information and recommendations conveyed is to the best of Yara's knowledge correct and accurate on the date of issuance, and are merely intended to serve as guidelines for the appropriate use of the Site and its related software modules and for the appropriate use, handling and storage of any associated goods and/or services, and may not be deemed as a guarantee or indication of quality, or serve as a basis for liability towards Yara or its representatives in any way whatsoever.
Because of the multitude of crops, grown in different production systems, on various soils, and under countless climatic conditions, Yara disclaim all warranties, express or implied, as to the accuracy of Site Content and its related software modules and takes no liability for management decisions based on this information. When using the Site and its related software modules you accept that you will take full responsibility for all agronomic decisions.
Yara and/or all affiliated entities hereby expressly exclude all conditions, warranties, representations and other terms which might otherwise be implied by law. Yara and/or any affiliated entities shall not be liable for any direct or any indirect or consequential losses, including but not limited to, loss of profits, loss of sales, loss of business, business interruption, loss or corruption of data or information, loss of business opportunity, goodwill and/or reputation or any other damages arising out of or in any way connected with the use and/or inability to use the Site. Your sole remedy in case of dissatisfaction shall be to discontinue your use of the Site and request Yara to close your account. In the event that Yara and/or any affiliated entity is liable for your losses under mandatory law, the maximum aggregate liability for Yara and/or any affiliated entity shall be limited to EUR 10 000.
Nothing in this section shall limit or exclude any liability for fraudulent misrepresentation.
10 Waiver and Severability
13 Jurisdiction and Applicable Law
You agree to receive electronic communications from Yara in connection with this Site. If you need to contact Yara regarding the Site, please contact us at email address firstname.lastname@example.org.
Feel free to submit your ideas, feedback and suggestions ("Suggestions") that might help us improve your and other users' use of this Site. By sending us Suggestions, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to use, modify, distribute and, in any other way, utilize your Suggestions.