Conditions of Use
Conditions of UseThank you for visiting the site www.dnlfarmsltd.com. Access to this Site, the home page of which (the "Home Page") is located at www.dnlfarmsltd.com, is offered to you, the individual user, by DNL Farms Ltd. These Terms and Conditions of Use ("Terms of Use") govern your use of the Site.
This page contains our full User Agreement. You may wish to print this page for reference.
Limited use of the Site is offered to you by DNL Farms Ltd subject to, and conditioned upon your acceptance of, these Terms of Use. Your use of the Site constitutes your legally binding acceptance of and agreement to these Terms of Use. Under these Terms of Use only, DNL Farms Ltd grants you a license to view and use the interactive features of this Site. If you do not agree to these Terms of Use, you are not an authorized user and should discontinue any use of the Site.
DNL Farms Ltd reserves the right to change or modify these Terms of Use at any time without notice to you. Please read these Terms of Use carefully, as you are bound to comply with the provisions herein.
1. OWNERSHIP AND INTELLECTUAL PROPERTY
1.1. Ownership. DNL Farms Ltd is the exclusive owner and proprietor of the Site. The Site Content and Site Code as they exist on the Site are offered to you by DNL Farms Ltd for limited use pursuant to these Terms and Use. "Site Content" means any and all human readable audio and/or visual elements of the Site, including without limitation, any text, graphics, images, illustrations, photographs animation, movie/audio or audiovisual works, designs or logos, information, and other content made available through the Site. "Site Code" means any and all underlying elements of this Site, including without limitation source code, script, object code, software, computer programs, and other sets of statements or instructions contained in or underlying the Site. Site Content and Site Code may sometimes be collectively referred to herein as the "Materials."
1.2. Copyright. The Site Content and Site Code are owned by DNL Farms Ltd and/or its licensors and content providers and are protected by applicable domestic and international copyright laws. Copyright © 2005 DNL Farms Ltd Video Systems. All Rights Reserved. Unless expressly permitted elsewhere in the Site by DNL Farms Ltd, you shall not copy, distribute, publish, perform, modify, download, transmit, transfer, sell, license, reproduce, create derivative works from or based upon, distribute, post, publicly display, frame, link, or in any other way exploit any of the Site Content or Code, in whole or in part. Links to the Site, other than to the Home Page, are only permitted upon express permission from and arrangement with DNL Farms Ltd. Any rights not expressly granted to you herein are reserved. Any violation of copyright laws may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
1.3. Any product, service, or trade name other than those owned by DNL Farms Ltd that identify a third party as the source thereof may, even if not so indicated, be the service mark or trademark of that respective entity or individual. Any unauthorized use of the DNL Farms Ltd Marks is strictly prohibited.
1.4. Copyright Complaints. If you believe that your copyrightable work of authorship has been copied and is being displayed on the Site in such a way that would give rise to a claim for copyright infringement, please follow the procedure regarding Notice and Claims for Copyright Infringement:
NOTICE OF CLAIM FOR COPYRIGHT INFRINGEMENT
NOTICE REQUIREMENTS
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the Site, including any information, documentation or web address(es) which would assist DNL Farms Ltd in locating that material;
Your address, telephone number and e-mail address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or permissible by law;
A statement by you under the penalty of perjury that the information in your notice is accurate that you are the copyright owner or authorized to act on the owner's behalf.
E-Mail: dnlfarms@xplornet.com
2. USE OF THE SITE, GENERAL TERMS
2.1 License. DNL Farms Ltd grants you a non-exclusive, non-transferrable, limited right and license to access and use this Site, and view and privately display the Site Content by way of one or more computers connected to the Site via IP networks only, and in strict conformity with these Terms of Use. You may "cache" pages of the Site for the sole purpose of increasing the speed and efficiency at which you access the Site in the future and may download those Pictures that are available on the Site on a download basis. However, no other copy or use of any portion of the Site is permissible, and the same would constitute an act of copyright infringement. By way of example, and not limitation, you may not sublicense, alter, adapt, transmit, publicly perform or display, distribute, customize, modify, add to, delete from, create derivative works based upon any portion of the Site Content, link or forward any web address to this Site, copy, counterfeit or paste the Site Content to any other website or web page. You may not publicly display any portion of the Site, or any movies or other audiovisual or digital works available at this Site, without a written license signed by a party authorized to legally bind DNL Farms Ltd to such a contractual arrangement. Any other use or exploitation of this Site, including the Site Content or Site Code, is strictly prohibited. You agree and acknowledge that you shall not acquire any ownership rights by downloading the Materials from the Site. You agree that links to the Site are only permitted upon express permission from and arrangement with DNL Farms Ltd. You acknowledge and agree that modification of the Materials or use of the Materials for any other purpose is a violation of DNL Farms Ltd's and possibly other third parties' copyright and proprietary rights. You agree to use the Materials and this Site only for purposes which are lawful in every nation and jurisdiction in the world and all subdivisions thereof. If you violate any provision of these Terms of Use, your permission to use the Materials automatically terminates and you must immediately destroy any copy you may have of any of the Materials. Any other use or exploitation of this Site, including the Materials, is strictly prohibited. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way.
2.2 Non-Commercial/Personal Use Limitation. DNL Farms Ltd grants you this license for the limited purpose of personal use, and not for any commercial purpose. No business entity (e.g., corporation, partnership, sole proprietorship) is licensed to use this Site. You hereby agree not to use the Site, the Materials, or any element or portion thereof (including, without limitation, e-mail addresses of users), for any commercial purpose whatsoever.
2.3 Not Intended for Minors. Much of the content on the Site is inappropriate for children. As such, the Site is not intended for use by persons under the age of eighteen (18) years of age ("Minors") without the consent and supervision of his/her legal guardian. The site Content may be confusing or offensive to Minors. Any Minor should seek consent from his/her legal guardian before using this Site, and such legal guardian should strictly monitor such Minor's use of the Site.
2.4 Nature of Services. DNL Farms Ltd offers its Site services for informative purposes only. DNL Farms Ltd does not warrant the truth or validity of the information contained on its site. You acknowledge and understand that, because of the possibility of human and mechanical error, mistakes or omissions in the data or information provided, delays or interruptions of the data or information stream from whatever cause, as well as other factors, DNL Farms Ltd is not responsible for errors in or omissions from the information contained or accessed through the Site. ALL INFORMATION AND CONTENT ON THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
2.5 Username/Password. DNL Farms Ltd may issue you a username and/or password for access to certain portions of, or services provided via, the Site. You shall hold and secure any such username or password as strictly confidential. Accordingly, you shall not allow friends, family, business associates or other persons access to or use of such username or password. You shall not post the username or password on any website nor transmit it through unsecured sites. DNL Farms Ltd shall not be responsible whatsoever in the event that your password is misappropriated by a third party.
2.6 Communications/ Messages from Users. You acknowledge and agree that any public Communications made to or by means of any portion of the Site are public. You acknowledge that (i) you have no expectation of privacy in any public Communication and (ii) no confidential, fiduciary, contractually implied or other relationship is created between you and DNL Farms Ltd. by reason of your transmitting a public Communication to any area of the Site. As used in these Terms of Use, "Your Posted Material" means any information, messages, e-mails, postings, on-line discussions, literary works, drawings, illustrations or images, movies or digital content, or any other copyrightable work or non-copyrightable idea, expression, or communication, regardless of whether you authored or created such work or communication, which you cause to be posted to, submitted to, or in any way transmitted via, the Site. You agree that none of Your Posted Material will contain information or content that (i) infringes on the copyright or any other rights of any person or entity; (ii) reveals trade secrets or any information which you have agreed, expressly or impliedly, to keep confidential; (iii) includes sexually explicit images, depictions, or content; (iv) is obscene, indecent, defamatory, abusive, or otherwise unlawful; (v) contains a virus or any other potentially damaging content; (vi) constitutes harassment or stalking; or (vii) constitutes invasion of privacy, or misappropriation of statutory or common law rights to publicity or personality. Additionally, even if such content is legal, you agree that none of Your Posted Material will contain information or content that: (a) contains or constitutes commercial advertising, solicitation, informational announcements, or political tracts; (b) constitutes, contains, or encourages "make-money fast" type messages, "chain letters" or "pyramid schemes" of any type; (c) contains false or misleading information; (d) is purportedly sent from a person other than yourself (e.g., impersonation of another person or user); or (e) with respect to "chat rooms" or other mechanism for real time dialogue between users, disrupts the normal flow of dialogue, or posts comments that are not related to the topic being discussed (unless it is clear that the discussion is free-form). DNL Farms Ltd shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on such Forums for any reason whatsoever. DNL Farms Ltd reserves the right to expel you from or suspend your access to some or all of the Forums for violating the law or these Terms of Use. Notwithstanding the foregoing, you are solely responsible for all materials you post on or submit to the Forums and you acknowledge that DNL Farms Ltd may not be monitoring the Forums and you are not relying upon DNL Farms Ltd to monitor the Forums. DNL Farms Ltd takes violations of its customers' rights and its own rights seriously, and makes efforts to report any potential criminal violations to appropriate authorities.
2.7 License to Your Postings to the Site; Indemnity. By posting any notes, message/billboard postings, ideas, suggestions, concepts or other material to the Forums, or Emailing them to us, you automatically grant to DNL Farms Ltd a royalty-free, perpetual, irrevocable, non-exclusive, transferable right and license to use, reproduce, modify, publish, edit, translate, distribute, perform, display and otherwise exploit such material, including, but not limited to, all rights in copyright to such material and all elements thereof alone or as part of other works, throughout the universe, in any form, media, or technology, whether now known or hereafter devised, and to sublicense such rights through multiple tiers of sublicenses, all without any obligation to you, whether by way of compensation, attribution or otherwise. You represent, warrant, and guarantee that (a) you have the full and unrestricted right to grant such rights to your posted material, and that there are no other agreements with any third party in conflict herewith; and (b) DNL Farms Ltd's exercise of its rights granted by you hereunder shall not infringe upon any copyright or any other subsisting right of any third party. You waive any and all so-called "Moral Rights" or similar rights under any jurisdiction, now or hereafter recognized with respect to DNL Farms Ltd's (or its assignee's) exercise of its rights hereunder. Moreover, you agree to indemnify and hold DNL Farms Ltd harmless from and against any and all claims, demands, damages, losses, liabilities and causes of action of any kind or character, made by you or any third party against DNL Farms Ltd, arising out of or relating to DNL Farms Ltd's exercise of such rights to your posted material, your publication or transmittal of any materials, or your failure to comply or your alleged failure to comply with these Terms of Use.
2.8 Reservation of Rights. Any rights not expressly granted by DNL Farms Ltd herein are reserved. You may not download, modify, publish, transmit, transfer or sell, reproduce, create derivative works from or based on, distribute, perform, publicly display, or in any way exploit any of the Site Content, in whole or in part, without the prior written consent of a party authorized to bind DNL Farms Ltd, except as expressly permitted in these Terms of Use.
3 TERMS RELATING TO ACCOUNT-BASED PAY-PER-VIEW AND SUBSCRIPTION OFFERINGS
3.1 Fee-Based Service Charges. Most of the Content on the Site is available only on a fee basis (that is, you must pay to access the Content). This Content is sometimes referred to herein as the "Fee-Based Services". Currently, there are two types of Fee-Based Services, pay-per-view (PPV) movie offerings in which you must pay a set price to view that one particular movie during a specified time period and subscription services in which you pay a one time fee to have the right to watch ALL of the movies included in that subscription during the applicable time period.
3.2 Subscription Services. DNL Farms Ltd has only one type of subscription service currently orrdered on the site. You can go for an Outright Purchase of the videos available on the site if PPV does not serve the purpose
3.2.1.1 You may only register for any kind of Free Offer once. You may not register for the Free Offers using multiple names, e-mail addresses, user names or in any other manner meant or intended to obtain the Free Offer more than once.
3.2.1.2 You will have to recharge your account and maintain sufficient balance for PPV or Outright Purchase of the videos available. The site will not store your CREDIT CARD information or charge you automatically. The service operates on on-demand basis will be available only when you request for it.
3.2.2 Of course, just like with our movies, you can watch the subscription movies from more than one computer (but not at the same time).
3.3.1 Our PPV & Outright Purchase offerings are available at different prices, specified on the videos and we reserve the right to change those at any time. At any event, whatever the price, it will always be clearly marked on the launch page for the movie.
3.3.3 Currently, each movie is available to you till the time you remain on the page where the movie is running. The page session may expire if there is a long period of inactivity. We reserve the right to change the time period with respect to future movies. You can watch the movie as many times as you want, in whatever bitrate(s) you want during the time you are on the page. Once you are out of the page, if you want to watch the movie, you will have to pay the PPV fee again.
3.3.4 Once you buy the PPV movie, you're not limited to watching it on one computer unless indicated so on the Site. You are limited to watching it on one computer at one time but can do so from multiple computers. We do, however, reserve the right to change that policy at any time and from time-to-time.
3.4.1 In addition to the charges set forth above, you are responsible for all charges associated with connecting to the Site, including without limitation all telephone access lines (including long-distance charges, when applicable), telephone and computer equipment
3.4.2 For purposes of identification, you agree to provide DNL Farms Ltd with accurate, complete, and updated information required by the site subscription registration to the Fee-Based Services ("Registration Data"), including your legal name, address, telephone number(s), and applicable payment data (e.g., credit card number and expiration date). You may check, following subscription help instructions, to determine whether your Registration Data is current and accurate, and, if not, to correct or update your Registration Data. Failure to comply with this provision (including without limitation falsification of any Registration Data) may, at DNL Farms Ltd's option, result in immediate suspension or termination of your right to use the Fee-Based Services.
3.4.3 You agree to promptly update your Registration Data, following subscription help instructions, in the event of any known or suspected unauthorized use of your subscription, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. In the event of a breach of security, you will remain liable for any unauthorized use of your subscription until you update your Registration Data. If your subscription is subject to use without your authorization, update your Registration Data.
3.4.4 You agree not to assign, transfer or sublicense your rights as a subscriber to the Fee-Based Services. You agree to be financially responsible for all usage or activity on your Fee-Based Services account.
3.5 Terms Relating to Refunds. If you purchase one of our PPV movies or a subscription and are unable to view your selected movie(s), please send an e-mail to dnlfarms@xplornet.com. We will work with you to try to solve your problem. If we are unable to do so we will refund your purchase.
4 LINKS TO THIRD PARTY SITES/THIRD PARTY COMMUNICATIONS
4.1 Hyperlinks. This Site may contain hyperlinks or other references to third party Internet sites that DNL Farms Ltd does not own or operate. Such hyperlinks are provided for your reference only. DNL Farms Ltd makes no warranties or representations regarding the availability of, or the content located on or through, such sites. DNL Farms Ltd does not endorse, sponsor, or review the content contained at the sites to which hyperlinks on DNL Farms Ltd web sites are directed, nor does DNL Farms Ltd represent that such sites are appropriate for children, in compliance with laws, or are what they purport to be. Accordingly, DNL Farms Ltd does not accept any responsibility or liability for content contained at such sites. Likewise, the parties who own, control, or operate the sites at which such hyperlinks are directed do not necessarily have knowledge of, endorse, sponsor, or approve of the hyperlink or content contained at the Site.
4.2 Third Party Postings. This Site may contain information or advertising for third parties. DNL Farms Ltd expressly denies any endorsement, sponsorship, approval, or agreement with any third party communication made available via the Site, including messages, information, and advertising of its clients or licensors. DNL Farms Ltd shall not be deemed to have considered, reviewed, screened, or approved of any such third party communication. However, DNL Farms Ltd reserves the right for any reason to remove without notice any communication made available via the Site, and to deny in its sole discretion your access or any user access to communications made available via this Site.
4.3 "Opt-In" for special notices. DNL Farms Ltd may periodically make special offers or communications to users of its Site. If you would like to receive such offers or communications, you may "Opt-In" at any time by checking the "Opt-In" box that appears on the E-mail notices page of the Site, and providing the e-mail address you wish to use to receive such notices. If you change your mind at any time, you can reverse your option, or change your e-mail address, using the same page. Selecting the "Opt-In" option constitutes acceptance of DNL Farms Ltd's use of your e-mail address to send you notices pertaining to DNL Farms Ltd, its products and services, the Site, the Fee-Based Services, and related topics
5 PRIVACY POLICY
5.1 Please review our privacy policy which is available here.
6 DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
6.1 As with any on-line interaction and electronic communication, there is an inherent risk involved in transmitting any information via the Internet. DNL Farms Ltd does not and cannot guarantee that its system is free from hackers or viruses or that information provided by users to DNL Farms Ltd will not be stolen or otherwise surreptitiously obtained. DNL Farms Ltd is not responsible or liable for any infections or contamination of your system or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the Materials contained on this Site. You hereby acknowledge and understand that such risk is inherent in interacting with any website, including this Site, and take full responsibility for any harm, danger or damage that ensues due to any such breach in security. Pursuant to these Terms of Use, DNL Farms Ltd expressly disclaims any such liability. In addition, you agree to be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and you shall be responsible for all charges related thereto.
6.2 NEITHER NOR ANY PROVIDER OF CONTENT FOR THE SITE OR THEIR RESPECTIVE AGENTS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, FREE FROM VIRUSES OR SECURITY BREACHES; NOR DOES , ANY PROVIDER OF CONTENT TO THE SITE, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE. THE SITE CONTENT IS NOT GUARANTEED TO BE ACCURATE, TIMELY OR VERIFIED. THE SITE AND THE SITE CONTENT ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AND ITS AGENTS DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY CONTENT, OR ANY GOODS OR SERVICES SOLD THROUGH THE SITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT OR DATA MADE AVAILABLE VIA THE SITE IS ASSUMED SOLELY BY YOU.
6.3 NEITHER , ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.4 WITHOUT WAIVING THE EXCLUSIVE GOVERNING LAW CLAUSE BELOW, SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF DNL FARMS LTD., THIRD PARTY CONTENT PROVIDERS, AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
6.5 Termination. In addition to any other rights of the parties set forth herein, either you or DNL Farms Ltd may cancel or terminate this Agreement at any time in accordance with the subscription help instructions. DNL Farms Ltd also reserves the right to restrict, suspend or terminate your access to the Fee-Based Services in whole or in part, without notice, with respect to any breach or threatened breach of any portion of this Agreement. If DNL Farms Ltd terminates this Agreement based on a breach of any portion of this Agreement, DNL Farms Ltd reserves the right to refuse to provide a subscription or any Fee-Based Services to you in the future. 6.6 Indemnity. You hereby agree to indemnify, defend and hold harmless DNL Farms Ltd and its Affiliates from and against any and all liability and costs incurred by DNL Farms Ltd or the Affiliates in connection with any claim arising out of any breach or alleged breach of any of your obligations set forth herein. You shall cooperate as fully as reasonably required in the defence of any claim. DNL Farms Ltd reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of DNL Farms Ltd.
7 GENERAL TERMS.
7.1 Notices. Notices by DNL Farms Ltd to you may be given by means of a general posting at the Site. Notices (including questions, complaints, or legal notices) by you may be given by electronic messages or conventional mail, unless otherwise specified in these Terms of Use as follows: (i) Electronic mail (e-mail) must be sent to dnlfarms@xplornet.com (ii) Mail and courier deliveries must be sent to: DNL Farms Ltd. Don & Nancy Lidster. Box 160. White Fox. Saskatchewan. Canada S0J 3B0 Phone + 1.306.276.5761
7.2 Governing Law/Forum Selection. These Terms of Use are governed by the laws of the Province of Saskatchewan applicable to contracts made and performed solely in the Province of Saskatchewan, without regard to conflict of laws principles. You hereby consent to the exclusive jurisdiction and venue of the courts in Province of Saskatchewan, Canada,in any and all claims or disputes arising out of, to enforce, construe, or otherwise relating to these Terms of Use or this Site.
7.3 Relationship Between the Parties. Nothing contained in these Terms of Use shall be construed to constitute you and DNL Farms Ltd as partners or joint venturers or to constitute employment or any type of agency.
7.4 Severability. If any provision of these Terms of Use is held invalid, unenforceable or void, the remainder of the Terms of Use shall not be affected thereby and shall continue in full force and effect.
7.5 Age of Majority, Right to enter into this Agreement. You represent and warrant to DNL Farms Ltd that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Agreement and to use the Site in accordance with this Agreement.
7.6 Full Integration. These Terms of Use constitute the entire agreement between you and DNL Farms Ltd related to this Site. No prior or contemporaneous written, oral, and electronic representation, negotiation, or agreement form a part of this agreement, and these Terms of Use supersede all prior written, oral, or electronic agreements between the you and DNL Farms Ltd relating to this Site.
7.7 Written Agreement. These Terms of Use constitute a written agreement between you and DNL Farms Ltd. A printed version of these Terms of Use, and of any notice given in electronic form related to this agreement, shall be admissible in judicial or administrative proceedings to the same extent, and subject to the same restrictions, as other business contracts, documents, or records originally generated and maintained in printed form.
7.8 Use in Other Locations. This site is controlled and operated by DNL Farms Ltd from its offices in Province of Saskatchewan. DNL Farms Ltd makes no representation or warranty that the Materials in this Site are legal, appropriate or available for use in other locations. Those who choose to access this Site from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable. No software from this Site may be downloaded, exported or re-exported into (or to a national or resident of) any countries that are subject to Canadian export restrictions.
7.9 Force Majeure. DNL Farms Ltd shall not have any liability to you hereunder by reason of any delay or failure to perform any obligation or covenant if the delay or failure to perform is occasioned by force majeure, meaning any act of God, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, act of Government, act of public enemy, or other cause of similar or dissimilar nature beyond its control.
7.10 Waiver. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
7.11 No Jury Trial. YOU WAIVE YOUR RIGHTS TO A TRIAL BY JURY IN ANY PROCEEDING WITH US.
7.12 Descriptive Headings. The headings of the various sections herein are for convenience of reference only and shall not define, limit or otherwise affect any of the terms or provisions hereof.
7.13 Electronic Form of Agreement. You hereby waive any and all defences you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
7.14 Modifications
7.14.1 To the Agreement. DNL Farms Ltd has the right to modify this Agreement and any policies affecting the Site, including without limitation the No-Commercialization Policy. Any modification is effective immediately upon posting to the Site or distribution via electronic mail or conventional mail. Your continued use of the Site following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of DNL Farms Ltd in providing the Site, including without limitation (i) any change in the Content, or (ii) any change in the amount or type of fees associated with the Fee-Based Services, is to cancel your subscription in accordance with the subscription help instructions.
7.14.2 To the Site. DNL Farms Ltd has the right to modify, suspend or discontinue the Site or any portion thereof at any time, including the availability of any area of the Site, including without limitation the Fee-Based Services. DNL Farms Ltd may also impose limits on certain features and services or restrict your access to parts or all of the DNL Farms Ltd Site without notice or liability.