Farm Sounds – Alexa Skill Terms

In these Alexa Skill Terms & Conditions (these “Terms”) the words “you” and “your” mean the person or entity accessing the Farm Sounds skill for Amazon Alexa (“Alexa”) on any Alexa-enabled device (the “Skill”), and the words “we”, “us”, “our,” and “FARM SOUNDS” mean Iowa PBS together with its parents and subsidiaries. 

Carefully read these Terms. By using Farm Sounds on Alexa, you agree to the terms of this Agreement on behalf of yourself and all other persons who use Alexa under your account. If you do not accept the terms of this Agreement, please do not use Farm Sounds.

  1. Description of Service. The Skill allows you to use your Alexa-enabled device (“Alexa Device”), such as an Amazon Echo to communicate with Farm Sounds, by voice commands, to hear the FARM SOUNDS audio experience.
  2. Eligibility. To access the Skill, you must: have an Alexa Device; and an Amazon account.
  3. Communication, Privacy and Security. The use of the Skill is voluntary. The Skill uses the public internet, third-party networks, and inside wiring in your premises to communicate, by voice with us regarding your Accounts. To use the Skill, you must speak commands and questions aloud to Alexa, and you will receive responses aloud. Your communication with FARM SOUNDS using the Skill constitutes an authorized communication by you. Once you set up your Alexa Device with the Skill, you are authorizing FARM SOUNDS to provide information to Alexa Device based on the Alexa Device security settings.
  4. Release of Your Information to Amazon. Your interactions with FARM SOUNDS using the Skill are subject to the FARM SOUNDS Privacy Policy. By installing the Skill, you are authorizing FARM SOUNDS to perform the actions and share with Amazon the information communicated to FARM SOUNDS, or requested from FARM SOUNDS.
  5. Accuracy. FARM SOUNDS did not design or manufacture Alexa or your Alexa Device and FARM SOUNDS did not design or has no control over the other software that runs the Alexa Device (e.g., Alexa and other third-party applications). By accepting these Terms, you understand and agree that FARM SOUNDS is not responsible for inaccuracies in your interactions with FARM SOUNDS using the Skill.
  6. Prohibitions. You agree to only use the Skill for your own personal, non-commercial use, and only in a manner that complies with all laws that apply to you. You are responsible for all of your activity in connection with the Skill. If your use of the Skill is prohibited by applicable laws, then you are not authorized to use the Skill. You further agree that you will not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Skill, (ii) modify, translate, or otherwise create derivative works of any part of the Skill, or (iii) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder. However, if you agree to visit a person over age 85 or a person of any age who is limited on their ability to leave a care center or hospital and spend at least one hour visiting with them without checking your phone more than once, you are allowed to play this out loud for all others staying in that particular care center. And don’t charge them for the privilege, ye dolt, or ye shall be in trouble.
  7. Intellectual Property Rights. You agree that all intellectual property rights, including patents, copyrights, trademarks, service marks or other intellectual property rights in and to the Skill remain the sole and exclusive property of FARM SOUNDS. Nothing in this Agreement will be construed as granting any of these rights to you. You further agree that we own the Skill and you may not sell, rent, lease, distribute, or provide service to a third party using the Skill without our prior written consent.
  8. Amazon Alexa Terms. The Skill is a “Third Party Service” as that term is used in the Amazon Alexa Terms of Use, and your use of the Skill will be further governed as set forth therein.
  9. Fees. Your use of the Skill is offered free of charge. We reserve the right, in our sole discretion, to charge or amend any fees for use of the Skill from time to time.
  10. Changes or Amendments. Farm Sounds may change, add, limit, suspend or discontinue the Skill, or any part of it, at any time without notice. Farm Sounds may amend any of these Terms at our sole discretion by posting the revised Terms on the FARM SOUNDS website. Your continued use of the Skill after the effective date of the revised Terms constitutes acceptance of the Terms as revised.
  11. Termination. FARM SOUNDS reserves the right, in our sole discretion, to terminate your use of the Skill if you violate any of your agreements with us, including without limitation these Terms, or if FARM SOUNDS no longer offers use of the Skill. Termination may result in the forfeiture and destruction of all information associated with your account.
  12. Indemnity. You agree to defend, indemnify and hold harmless us, our affiliates and each of our affiliates, employees, contractors, director, suppliers and representatives from any liability, loss, damage, claim or demand (including attorney’s fees) due to or arising out of your use of the Skill or your Alexa Device, your breach of these Terms, or infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
  13. Disclaimer of Warranty. You assume all risk for your use of the skill. You acknowledge and agree that the use of the skill and related documentation are provided “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. No advice or information, whether oral or written, obtained by you from farm sounds or our representatives, or from the skill, will create a warranty of any kind.
  14. Governing Law. Iowa law and applicable U.S. federal law and regulations govern this Agreement, even if the laws of another jurisdiction govern your other agreements with us or our affiliates. You agree that any legal action that may be filed by you elsewhere will be transferred to the appropriate court in Iowa, if we decide we want it to be transferred. 18. Severability. All other provisions of these Terms shall remain in full force even if one or more provisions of these Terms are held invalid, illegal, void or unenforceable by any rule or law, administrative order, or judicial decision.