Terms Of Use And Privacy Policy ADAMA Bullseye

Terms Of Use And Privacy Policy ADAMA Bullseye

These terms and conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and ADAMA(“we,” “us” or “our”), concerning your access to and use of the ADAMA target application (“application”) as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “app”). You agree that by accessing the app, you have read, understood, and agree to be bound by all of these terms and conditions use.  IF YOU DO NOT AGREE WITH ALL OF THESE TERMS and CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE APP AND YOU MUST DISCONTINUE USE IMMEDIATELY. The application was developed for you ("user") through ("ADAMA"), for the purpose of helping to identify major pest problems for apple, watermelon, tomatoes, almonds, cotton and rice. The application has a database and photos of the main species of pests that attack these crops. The application allows the user to identify a specific pest by sending a photo of their crop and/or field so that the ADAMA team can identify the pest and answer any questions.

Supplemental terms and conditions or documents that may be posted on the app from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these terms and conditions at any time and for any reason. We will alert you to any changes by updating the “last updated” date of these terms and conditions, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these terms and conditions to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised terms and conditions by your continued use of the app after the date such revised terms are posted. 

The application is not intended as a replacement for a local professional properly qualified to identify pests and recommend the correct treatment. The application is not intended to be and should not be used to promote the purchase of specific pesticides.

 

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the app is our proprietary property and all source code, databases, functionality, software, app designs, audio, video, text, photographs, and graphics on the app (collectively, the “content”) and the trademarks, service marks, and logos contained therein (the “marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The content and the marks are provided on the app “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the app and no content or marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Subject to your eligibility to use the app, you are granted a limited license to access and use the app. We reserve all rights not expressly granted to you in and to the app, content and the marks.

The INTACTA RR2 PRO, Conkesta and Enlist brands are registered trademarks of their respective manufacturers.

 

USER REPRESENTATIONS

By using the app, you represent and warrant that: (1) you will not use the app for any illegal or unauthorized purpose; and (2) your use of the app will not violate any applicable law or regulation.

  

MOBILE APPLICATION LICENSE

Use License

If you access the app via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these terms of use. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

 

Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “app distributor”) to access the app: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable app distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these terms of use or as otherwise required under applicable law, and you acknowledge that each app distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable app distributor, and the app distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the app distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the app distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these terms of use, and that each app distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these terms of use against you as a third-party beneficiary thereof.    

 

APP MANAGEMENT

We reserve the right, but not the obligation, to (1) monitor the app for violations of these terms of use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the app or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the app in a manner designed to protect our rights and property and to facilitate the proper functioning of the app.

 

PRIVACY POLICY

We care about data privacy and security. By using the app, you agree to be bound by our privacy policy, which is set out below. Please be advised the app is hosted in the United States. If you access the app from the European Union, Asia