Terms of Use

This website ("Site") is owned and operated by Blue Diamond Growers, a California Corporation ("we", "our," or "us"). These Terms of Use apply to any access or use of the Site by you ("you," "your," or "User"). By accessing, browsing, or otherwise using the Site, you agree to be legally bound by these Terms of Use-and further acknowledge consent to our collection and use of information as set forth in the Privacy Policy.

PLEASE READ THESE TERMS OF USE CAREFULLY. YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS OF USE. DO NOT USE THE SITE IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THE TERMS OF SERVICE. Please check back periodically as the Terms of Use may change from time to time.

License to Use the Site

We grant you a personal, limited, nonexclusive license to access and use the Site for your personal, individual, non-commercial, and non-automated use only. You may not access or use the Site except for these express purposes and as expressly allowed by these Terms of Use.

User Submissions and Content

The Site may allow you to submit, upload, or link to your comments or other content such as photos or video (individually and collectively, "User Content"). To be eligible to submit any such User Content, you must be at least 18 years old and a resident of the United States. In submitting any User Content:

  • you represent and warrant that you meet the eligibility requirements to submit User Content;
  • you grant us a perpetual, irrevocable, nonexclusive, fully-paid, royalty-free license to publish, copy, distribute, edit (including without limitation for corrections, length, formatting, convenience, or medium), arrange, translate into other languages, perform, display publicly, quote, excerpt, and otherwise use User Content (in whole or in part)-without any right of pre-approval, moral rights, rights of attribution-in or through the Site, any other websites owned or operated by us, and any electronic, print, or other medium;
  • you grant us a perpetual, irrevocable, nonexclusive, fully-paid, royalty-free license to use your name and likeness in connection with User Content; and
  • you grant us a perpetual, irrevocable, nonexclusive, royalty-free license to use any ideas, input, feedback, or anything else in User Content to change our existing products or services, to develop new products or services, or otherwise in our business.

Restrictions on Use

You are responsible for your access or use of the Site and submission of any User Content.

Without limitation to the generality of the rest of these Terms of Use, you may not sell, re-distribute, re-publish, re-transmit, display, modify, create derivative works from, or otherwise exploit the Site, its contents, or any part of them. You also may not access or use the Site through any automated or non-human means, such as through bots, spiders, scripts, or software; you may not access or use the site for purpose of scraping, harvesting, mining, or other data extraction; and you may not access or use the site for any interference, disruption, or other illegal or unauthorized purposes, such as interference with the Site's operations or interference with access to the Site and such as through viruses, Trojan horses, worms, time bombs, cancelbots, or other such applications.

You agree that any User Content that you submit will not:

  • be defamatory, offensive, harmful, abusive, threatening, or harassing (or advocate the threatening or harassing of others);
  • use expletives, profanities, vulgarities, obscenities, or sexually explicit material;
  • contain names, information, or other content intended to impersonate others or otherwise mislead as to who is authoring or submitting the content;
  • publish or submit for intended publication the private personal information of any person;
  • contain spam, chain letters, junk e-mail, or other unsolicited mass messaging;
  • contain illegal content or otherwise violate any applicable law, rule, or regulation; or
  • infringe or otherwise violate any third-party right, including without limitation copyright, trademark, patent, trade secret, right of publicity, right of privacy, and any other intellectual-property or proprietary right.

Indemnity

YOU AGREE TO DEFEND AND INDEMNIFY US FOR ANY CLAIMS RESULTING FROM OR RELATING IN ANY WAY TO YOUR BREACH OF ANY PROVISION OF THESE TERMS OF USE.

Disclaimer of Warranties

WE PROVIDE THE SITE "AS IS," WITHOUT WARRANTY OF ANY KIND; AND TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY REGARDING THE PROVISION OF THE SITE AND ANY CONTENT ON IT-INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Limitation of Liability

TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, DATA, USE, OR GOODWILL) RESULTING OR RELATING IN ANY WAY TO YOUR ACCESS OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITE (OR ANY CONTENT ON IT)-WHETHER BASED ON WARRANTY, CONTRACT, TORT/NEGLIGENCE, OR OTHER LEGAL THEORY-EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Copyright Dispute

We have adopted the following procedures to handle copyright-infringement notifications in accordance with the Digital Millennium Copyright Act (DMCA). Upon receiving notice of a claimed copyright infringement, we will remove the allegedly infringing material under the following procedures, intended to comply with the DMCA.

As mentioned, we may publish User Content on the Site. If you believe that any User Content (or for that matter any other part of the Site) infringes your copyright, please provide us with a written notice that includes the following:

  • Identification of the copyrighted work that you believe as been infringed;
  • Identification of the material on the Site that believe infringes your copyright, with specific detail to allow us to locate the material on the Site;
  • A statement by you that you have a good-faith belief that the use of the material at issue is not authorized by the copyright owner, its agent, or the law;
  • A statement by you declaring under penalty of perjury that the above information in your notice is accurate and that you are the owner of the copyright at issue (or that you are authorized to act on behalf of that owner);
  • Your name, address, telephone number, and e-mail address; and
  • Your physical or electronic signature.

Please note that you may be subject to liability under Section 512(f) of the Digital Millennium Copyright Act if you materially misrepresent that material on the Site infringes your copyright.

We may give notice to the user who submitted the material in dispute by means of a general notice on the Site or through the use of any e-mail or other contact information that the user may have provided to us. If you receive such a notice, and you believe that material has been mistakenly removed from the Site, you may provide us with a written counter-notice, which must include the following:

  • Identification of the material on the Site that was removed, with specific detail to allow us to locate where the material appeared on the Site;
  • A statement by you declaring under penalty of perjury that you have a good-faith belief that the material was removed as a result of mistake or misidentification;
  • Your name, address, telephone number, and e-mail address; and
  • Your physical or electronic signature.

Please address and send all copyright notices and counter-notices as follows:

Blue Diamond Growers
Attn.: Copyright Agent
1802 C Street
Sacramento, CA 95814

Changes to Terms of Use

If at some point in the future, there is a change to these Terms of Use, we will post the new Terms of Use on the Site. By continuing to access, browse, or otherwise use the Site, you agree to be legally bound by any such new Terms of Use.

Governing Law and Jurisdiction

These Terms of Use shall be interpreted under and governed by the laws of the State of California, without reference to its choice-of-law provisions. All claims arising or relating in any way to these Terms of Use must be brought solely in Sacramento, California; and with respect to any such claims, you waive any objection regarding this location being an inconvenient forum, and you consent to personal jurisdiction in the State of California.

Other Legal Terms

These Terms of Use constitute the entire agreement between you and us with respect to matters set forth in these Terms of Use and supersede any prior or contemporaneous understanding or agreement; and there are no third-party beneficiaries to these Terms of Use. These Terms of Use will bind and inure to the benefit of any assignees or successors in interest of or to you or us. Section and paragraph headings in these Terms of Use are used for convenience and reference only and in no way define, limit, extend or otherwise describe the scope or intent of these Terms of Use and may not affect the meaning or interpretation of these Terms of Use. If any provision of these Terms of Use is deemed invalid or unenforceable, that provision will be reformed and construed consistently with applicable law as nearly as possible to reflect the original intentions of these Terms of Use; and in any event, the remaining provisions of these Terms of Use will remain in full force and effect. No waiver of any of the provisions of these Terms of Use is a waiver of any other provision, whether or not similar, nor does any waiver constitute a continuing waiver.

Effective January 27, 2010.