Terms & Conditions
Terms of Use : Welcome to National Watermelon Promotion Board, hereafter known as NWPB, website (www.watermelon.org) which includes watermelon.org and any successor pages thereto, and other related websites owned or operated by NWPB (“NWPB,” “we,” “us,” or “our”). PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THE SITE. USE OF THE SITE SIGNIFIES YOUR AGREEMENT TO THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE CONDITIONS OF THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE.
NWPB reserves the right, in its sole discretion, to change, add or remove portions of these Terms of Use at any time. It is your responsibility to check these Terms of Use each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. Because they are binding upon you and govern your relationship with NWPB, you should visit this page from time to time to review the then-current Terms of Use.
1. Ownership
1.1. “Content” means all visual, written, or audible data, information or material including, without limitation: any text, images, logos, trademarks, service marks, graphics, photos, animation, music, sound, artwork, video, recipes, or any other materials contained within the Site. Content is proprietary to NWPB and is protected by United States copyright and trademark law, international conventions and other applicable laws All marks, logos, and designs appearing on this Site are registered trademarks or trademarks of NWPB in the United States and certain other countries, unless otherwise indicated. All Content is offered to you for limited use solely pursuant to these Terms of Use. Use of Content is limited to personal and non-commercial use. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, trade dress, rights of publicity, service marks, trade names, or trademarks with respect to any of the Content. Content and derivative works based on Content may not be copied, reproduced, reprinted, transmitted, uploaded, reposted, downloaded or distributed herein in whole or in part, either commercially or publicly unless prior written permission has been obtained from NWPB. You acknowledge and agree that no right, title, or interest in any Content or the Site is transferred to you as a result of your use of the Content or Site. NWPB reserves all rights not expressly granted hereunder
1.2. “Submission” means all Content, ideas, comments, suggestions, concepts or other material you submit to NWPB. All Submissions become the property of NWPB. You acknowledge and agree that other than any thank you token that you may receive, you will not receive any additional consideration for a Submission. You agree to cooperate with and execute any documents requested by NWPB to enable NWPB to enforce intellectual property rights in a Submission against third parties. NWPB reserves the rights to use such Submissions for any and all purposes including, but not limited to commercials, brochures, magazines, print, promotion, trade and editorial usage in any form, media or technology now known or later developed, without restriction. Nothing herein will constitute any obligation by NWPB to make any use of the Submission or associated rights.
1.3. Notice of Copyright Infringement Claims. We respect the copyright of others and we ask you to do the same. If you believe that copyrighted material may have been or is being infringed with respect to any items on the Site, please notify us pursuant to the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C. § 512(c) by filling out, signing and submitting a Proprietary Rights Complaint Process and Notification Form to our designated agent. You may Contact Us to request a copy. The Notification Form must be fully completed to be effective.
2. Your Obligations & Conduct
You agree that you will not use the Site to:
2.1. Transmit software viruses, worms, trojan horses or any other computer code, files, or programs to interrupt, destroy, harm, or limit the functionality of any computer software or hardware or telecommunications equipment;
2.2. Injure NWPB or other users of the Site;
2.3. Pretend to be NWPB or someone else or otherwise misrepresent your identity or affiliation;
2.4. Link to your website, unless you receive NWPB’s prior express written consent;
2.5. Violate or infringe anyone’s intellectual property rights;
2.6. Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site; or
2.7. Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable or harmful of minors
3. Disclaimer of Warranty
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. ALL SERVICES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS. NWPB AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH US FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
THESE DISCLAIMERS OF WARRANTY CONSTITUTE AN ESSENTIAL PART OF THESE TERMS OF USE. NO USE OF THE CONTENT OR THIS SITE IS AUTHORIZED HEREUNDER EXCEPT PURSUANT TO THESE DISCLAIMERS.
4. Limitation of Liability
4.1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT NWPB AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE.
4.2. Links To Third Party Sites. Any links to the internet sites of third parties are provided solely for your convenience and such sites are not owned, controlled, or operated by NWPB. NWPB has no control over any linked third party sites, is not responsible for the content of such sites, and makes no representations or warranties with respect to such sites. If you click through to a third party site, you do so at your own risk.
5. Miscellaneous
5.1. These Terms of Use constitute the entire agreement between you and us and governs your use of the Site superseding any prior agreements between you and us, whether written or oral, relating to the subject matter.
5.2. These Terms of Use and the relationship between you and us is governed by the laws of the State of California, without regard to its conflict of law principles, to the extent such principles would require or result in the application of another state’s laws. All disputes in relation thereto shall be subject to the non-exclusive jurisdiction of the federal courts located in the State of California.
5.3. If you have any questions related to these Terms of Use please notify us at: NWPB, 3361 Rouse Rd., Ste 150, Orlando, FL 32817 Ph: 407-657-0261. Fax: 407-657-2213.