GOLDEN HARVEST WRAP-UP
TERMS OF USE
Effective Date: Dec. 29, 2025
1. INTRODUCTION
These Terms of Use (“Terms”) apply to your use of this https://www.goldenharvestwrapup.com/ website (the “Site”) provided by Golden Harvest, Syngenta Seeds (the “Company,” “we,” “us,” “our”) to create, generate, and download a Season Wrap-Up video that highlights harvest numbers, stats, and a personal story. Please read these Terms carefully and in their entirety as they include important information about your legal rights, remedies, and obligations.
By using our Site, you agree to these Terms and our Privacy Policy. If you do not agree, you may not use the Site. We may update these Terms from time to time by posting the changes on this page with a new Effective Date. Your continued use of the Services after the Effective Date constitutes your acceptance of the new Terms. If you do not agree to the changes, you must stop using the Site.
We may operate additional programs or services which require separate or additional terms. In such cases, you agree to be further bound by the terms specific to the additional program or service, and such terms shall control to the extent there is a conflict with these Terms.
IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH YOUR VIDEOS OR USE OF THE SITE, YOU DO SO AT YOUR OWN RISK.
2. OWNERSHIP
The Site and all the Content (defined below) is owned by us, our licensees, or our licensors. Your use of the Services does not grant you any right to this Content. Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the Site (including past, present and future versions of the Site) or are created as result of using the Site, including, without limitation: graphics; layout; text; instructions; images; audio; videos; designs; trademarks and logos; patents, trade names, service marks and other intellectual property rights related thereto, any and all copyrightable material (including source and object code); the "look and feel" of the Site (collectively, the "Content") is owned, controlled or licensed by us, our subsidiaries or affiliates and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent and other laws, rules, regulations and international treaties. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Site, without first obtaining the prior written consent of Company. You agree to not remove, obscure or otherwise alter any proprietary notices, claims, disclaimers, or disclosures appearing on any Content, including copyright, trademark and other intellectual property notices. Except as expressly set forth in these Terms or otherwise expressly granted to you in writing by us, no rights (either by implication, estoppel or otherwise) are granted to you. Any and all rights to use any Content not expressly granted to you under these Terms are hereby reserved
3. YOUR LICENSE GRANT TO US
You hereby grant to Company, its affiliates, successors, assigns, licensees, designees, and related entities (“Company Parties”) a royalty-free, perpetual, irrevocable, worldwide, non-exclusive, fully transferable and sub-licensable right and license, without additional consideration or compensation to you or any third party, to use, reproduce, modify, adapt, reformat, publish, translate, create derivative works from, distribute, transmit, perform, and display all data, feedback, or other information submitted, posted, published, transmitted, or displayed on or via the Site or to Company, including your name, image, nickname, likeness, voice, sounds, statements attributed to you, conversations, opinions, actions, signature, photograph, persona, appearance, title, interviews, testimonials, performance, recordings, and biographical material (your “Likeness”) and social media handle and social media post to the extent you post any Content created by or through the Site on social media, and to incorporate such data, information and Likeness in other works in any form, media, or technology now known or later developed. Company shall have no obligation of any kind with respect to any such data that you submit, post, publish, display, or transmit via the Site. You represent and warrant that you have proper authority to grant this license.
4. USER CONDUCT AND RESPONSIBILITIES
You are solely responsible for your use of the Site and for any content or information you submit, post, or display on or through the Site.
By using the Site, you agree not to engage in any unlawful, prohibited, or inappropriate conduct. We reserve the right to investigate and take appropriate action for any violation of these Terms. As a condition of your use of the Site, you agree that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. Additionally, you agree, without limitation, not to:
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misrepresent your identity, qualifications, or harvest information;
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use the Site for any commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);
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interfere with, damage, or disrupt the Site, or attempt to reverse engineer, decompile, or otherwise alter any part of the Site;
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upload, post, or transmit any content that is unlawful or encourages, promotes or incites any illegal activity, offensive, obscene, pornographic, violent or otherwise may offend human dignity, is abusive, insulting or threatening, discriminatory or which promotes or encourages racism, sexism, hatred or bigotry, shows another person which was created or distributed without that person’s consent, is defamatory, libelous or infringes on the rights of others (including intellectual property, privacy, and publicity rights);
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use the Site for any unauthorized commercial purpose, including transmitting any unsolicited advertising, "junk mail," or "spam";
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use any automated means to access the Site or harvest information or upload any content that contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Company or otherwise;
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assist any third party in engaging in any activity prohibited by these Terms; or
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by posting or sharing any information through the Site (such as sharing on social media), you acknowledge that such content and other information may be publicly accessible, and may be used and re-shared by others. You should be mindful of your account settings and use caution.
You are solely responsible for your conduct and any data that you submit, post, transmit, or display on or through the Site. We reserve the right to remove, block, and/or monitor, without notice, any visitor that we consider, for any reason, to violate these Terms or to be outside the subject scope of the Site. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate these Terms, we may take any action we deem necessary to cure or prevent the violation.
5. SHARING CONTENT
The Site may permit you to share Content and information you submit to the Site to third parties or on social media. You agree that you will not remove any disclosures or other materials from such Content.
6. REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant that: (a) the statement(s) and information attributed to you and any modifications thereof by Company, which do not alter the spirit or integrity of your opinion, accurately reflect your opinion, are known to be true, and are based on your personal familiarity with the content of your statement, including your use of any associated products, services or events; (b) in the event that your opinions change with respect to any Content you may share with third parties through the Site, you agree to remove any such Content in your possession and control; (c) you are not a minor (i.e. 18 years of age or the age of majority in the jurisdiction where you live); (d) your use of any Content on social media will comply and conform with applicable law, and (e) Company’s use of your social media post in connection with the Content, your social media handle, or Likeness will not violate or infringe the rights of any third party or any law, including without limitation, any copyrights, trademarks, or other intellectual property rights (including trade secrets), privacy, publicity or similar rights of any person or entity.
7. PRIVACY
We respect your privacy and have taken specific steps to protect it. Your submission of personal information through the Site is governed by our Privacy Policy.
8. BUSINESS USES
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Company and its affiliates, officers, directors, employees, agents and contractors from any demands, claims, suits, actions, damages, liabilities, expenses or harms arising from or related to the use of the Site or violation of these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
9. LINKING & THIRD PARTIES
The Site or communications you receive from us may contain links to third-party websites, applications, or features such as plug-ins (together, the “Third Party Sites”). We do not control any of these Third Party Sites or any of their content. The inclusion of any link to Third Party Sites does not necessarily imply Company’s endorsement of or affiliation with that third party. You acknowledge and agree that Company has no responsibility or liability for any such Third Party Sites. You agree that Company will not be responsible or liable, directly or indirectly, for any damage, loss, or claim caused or alleged to be caused by or in connection with your use of or reliance on any content, events, goods, or services available on or through any such Third Party Sites.
10. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
SOME JURISDICTIONS, SUCH AS NEW JERSEY, DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY, INCLUDING FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR A COMPANY'S NEGLIGENT, FRAUDULENT, RECKLESS ACTS, OR INTENTIONAL MISCONDUCT. AS A RESULT, THE BELOW LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. YOU AGREE THAT ANY DAMAGES INCURRED ARE NOT IRREPARABLE AND WILL NOT ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF TO RESTRAIN THE EXPLOITATION OF ANY SITE OR PROPERTY OWNED OR CONTROLLED BY THE COMPANY PARTIES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PROVIDES THE SITE ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE SITE (INCLUDING ALL CONTENT CONTAINED THEREIN). THIS INCLUDES, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (I) THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, (II) ANY DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED, OR (III) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SITE WILL BE ACCURATE OR FREE OF MALWARE OF OTHER HARMFUL COMPONENTS. THE COMPANY TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS, OR RECEIVES THROUGH THE SITE.
ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR DEVICE, COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE AND ANY CONTENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING DAMAGES FOR DEATH, PERSONAL INJURY, LOST PROFITS, LOSS OF GOODWILL, OR LOSS OF DATA, THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SITE; (B) YOUR USE OF OR INABILITY TO USE THE SITE; (C) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE COMPANY PARTIES OR LAW ENFORCEMENT; (D) ANY ACTION TAKEN IN CONNECTION WITH INTELLECTUAL PROPERTY OWNERS; (E) ANY ERRORS OR OMISSIONS IN THE OPERATION OF THE SITE; OR (F) ANY DAMAGE TO ANY USER'S DEVICE OR TECHNOLOGY FROM ANY SECURITY BREACH, VIRUS, OR OTHER MALFUNCTION. THE COMPANY PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION SHALL NOT EXCEED THE AMOUNT OF $100.
11. INDEMNIFICATION & RELEASE
You (and any third party on whose behalf you use the Site) agree to indemnify, defend, hold harmless Company Parties from any claims, liabilities, damages, losses, costs, and/or expenses, including without limitation, reasonable attorney’s fees and costs (“Claims”), arising out of or in any way connected with the following (whether resulting from your activities on the Site or those conducted on your behalf): (i) your access to or use of the Site; (ii) your breach or alleged breach of these Terms; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right; (iv) Company’s use of your Likeness, social media handle(s), and/or Company’s exercise of any rights granted herein, including claims arising by virtue of any use, blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may exist in any media or in any publications thereof of your Likeness in connection with any Content; (v) your acts, statements or omissions in and in connection with any Content; or (vi) and your violation of any law, rule or regulation (together, the “Released Claims”). The Released Claims shall include without limitation, any Claims based on negligence, personal injury (including, without limitation, illness, personal injury, and wrongful death), property damage, libel, slander, defamation, invasion of privacy, publicity or personality, false light, infliction of emotional distress, misrepresentation, or infringement of intellectual property rights or right of publicity, arising out of, relating to or in any way connected with Company’s use of your Likeness or Content as permitted herein.
The Company Parties reserve the right to assume exclusive control of its defense in any matter subject to your indemnification, which shall not excuse your obligation to indemnify the Company Parties. You will cooperate as fully required by Company in the defense of any Released Claims. You shall not settle any claim without the prior written consent of Company.
If you live in California, you agree that the above release shall be effective as a full and final general release of all legal claims described herein, whether you actually know about such claims or not, despite the fact that the California Civil Code Section 1542 may provide otherwise, and you understand and agree that all rights under Section California Civil Code Section 1542 are hereby expressly waived. You are aware that Section 1542 provides as follows:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that if known by him or her, would have materially affected his or her settlement with the debtor or released party.
12. GOVERNING LAW
These Terms shall be governed by and construed and enforced in accordance with the laws of the State of New York, without regard to its principles of conflicts of laws, and any dispute arising out of or related to these Terms shall be resolved state and federal courts of New York. YOU AND COMPANY EACH WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, CLAIM OR PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING HEREUNDER, RELATING TO OR IN CONNECTION WITH THESE TERMS.
13. NO THIRD PARTY RIGHTS
Unless expressly stated in these Terms to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you, Company, and our successors and assigns. Nothing in these Terms is intended to relieve or discharge the obligation or liability of any third persons to you and Company and our successors and assigns, nor shall any provision give any third parties any right of subrogation or action over against you, Company, and our successors and assigns.
14. FORCE MAJEURE
We will not be deemed to be in breach of these Terms or liable for any breach of these Terms due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, pandemics/epidemics, or other disaster.
15. NO WAIVER; ASSIGNMENT RIGHTS; SEVERABILITY
Company’s failure to exercise or enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision in that or any other instance. We may assign these Terms at any time without notice to you. You may not assign to anyone else and any attempt by you to assign shall be void. If you do not comply with these Terms, and we do not act right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If any provision of these Terms is held invalid, illegal, or unenforceable under any applicable statute or rule of law, it is, to the extent necessary, deemed modified in order to comply with applicable law, and the remaining provisions shall not be affected in any way.
16. NOTICE
The Company may provide you with notices regarding these Terms by any reasonable means, including by email, text message, or by posting within the Site. You may not receive these notices if you violate these Terms by accessing the Site in an unauthorized manner. You agree that you are deemed to have received any notices that would have been delivered had you accessed the Site in an authorized manner.
17. MISCELLANEOUS
These Terms and our Privacy Policy constitute the entire agreement between you and the Company concerning the Site. If any part of these Terms is found to be invalid, the rest of the Terms will remain in effect. The Company's failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. These Terms do not create any agency, partnership, joint venture, or employment relationship, and you may not represent or bind the Company in any way.
18. CONTACT US
If you have any questions, comments or concerns regarding these Terms, please contact us at: Brittany.farris@brightonagency.com. |
