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Sheepbuy - Terms and Conditions

Terms and Conditions

General Terms and Definitions

Welcome to www.sheepbuy.com (hereafter referred to as the “Site”). These are our terms of use and conditions for use (hereafter referred to as “Terms and Conditions”) applicable to the services (hereafter referred to as the “Service”) provided on, and the use of, the Site. By accessing the Site, using the Services or by registering as either a buyer or a seller (hereafter referred to as “Participant”) regardless of your physical location, you agree that: (1) you have read these Terms and Conditions; (2) you understand these Terms and Conditions; and (3) you are bound by these Terms and Conditions in your use of the Services and the Site.

Scope

Before you may become a member of Sheep Buy service, you must read and accept all of the terms in this User Agreement. By accepting this User Agreement, you agree that this User Agreement will apply whenever you use any service provided by sheepbuy.com.

This Agreement is effective on August 20, 2010, for current users, and upon acceptance for new users. We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time and shall become effective immediately upon the posting thereof. You are required to review this agreement on a regular basis to keep yourself apprised of any changes.

In addition, when using Sheep Buy service, you agree to abide by any applicable posted guidelines for the service, which may change from time to time.  Should you object to any term or condition, any guidelines, or any subsequent modifications thereto or become dissatisfied with Sheep Buy in any way, your sole remedy is to immediately discontinue use of Sheep Buy.

Rules

Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our site and its content, services and tools, delay or remove content, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with our policies.  Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue Sheep Buy Inc. services.

Our policy prohibits Participants from posting, emailing, or otherwise making available the following Content:

1) Content that is racist, harmful, degrading, intimidating, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, hateful towards an individual or group, or is harmful to minors in any way;

2) Content that is pornographic or depicts a human being engaged in actual sexual conduct.

3) Content that violates any rights provided by the United States Constitution.

4) Content that violates any United States Federal Law OR that violates any law of the State or local law where the Participant resides OR violates any law wherever the Participant uses Sheepbuy.com

5) Content that is false, deceptive, misleading, or deceitful which includes the impersonation of a person or entity.

6) Content that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;

7) Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

8) Participants are also prohibited from taking the following actions:

a) To contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose or otherwise “stalk” or harass anyone.

b) To collect personal data about other users for commercial or unlawful purposes;

c) To attempt to gain unauthorized access to SHEEP BUY INC. computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Site.

9) Participants are expressly prohibited from Posting any of the following items:

Stolen property
Obscene material or child pornography.
Offer or solicitation of illegal prostitution.
Fireworks or any destructive devices or explosives.
Controlled substances or illegal drugs, substances and items used to manufacture controlled substances and drug paraphernalia.
Blood, bodily fluids or body parts.
Household pets of any kind
Pet animal parts, blood, or fluids - including but not limited to stud/breeding service
Pesticides or hazardous substances, or items containing hazardous substances
Used or rebuilt batteries or batteries containing mercury.
Non-packaged food items or adulterated food.
Bulk email or mailing lists that contain names, addresses, phone numbers, or other personal identifying information

User Responsibility over Content

You understand that all postings, messages, text, files, images, photos, embedded video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item (“Item”) of Content that you post, email or otherwise make available via the Service. You understand that SHEEP BUY INC. does not control, and is not responsible for Content made available through the Service. Furthermore, the Site and Content available through the Service may contain links to other websites, which are completely independent of SHEEP BUY INC.  SHEEP BUY INC. makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site.  Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will SHEEP BUY INC. be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that SHEEP BUY INC. does not pre-screen or approve Content, but that SHEEP BUY INC. shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the Terms and Conditions or for any other reason.

The Site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of SHEEP BUY INC., including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. 

Personal Information Disclosure

SHEEP BUY INC. strives to protect your personal information.  However, your use of this Site or the Service signifies acknowledgement and agreement that SHEEP BUY INC. may, in its sole discretion, preserve or disclose your Content, as well as your personal information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce Terms and Conditions respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of SHEEP BUY INC., its users or the general public.

Postings

There will not be a charge for posting content in most areas of SHEEP BUY INC. However, we may charge a fee to post Content in some areas of the Service. The fee
is designed to permit maximum exposure to the Content. Each party posting Content to the Service is responsible for said Content and compliance with the Terms and Conditions. All fees paid will be non-refundable in the event that Content is removed from the Service for violating any of the herein stated Terms and Conditions.

Limitation of Service

You understand and accept that SHEEP BUY INC. may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that SHEEP BUY INC. has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that SHEEP BUY INC. reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that SHEEP BUY INC. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Access to Service

SHEEP BUY INC. grants you a limited, revocable, nonexclusive license to access the Service for your own personal use.  This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, crawlers, spiders, or similar data gathering.  A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service. “General purpose internet search engine” does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services.

SHEEP BUY INC. permits you to display on your website, or create a hyperlink on your website to, individual postings on the Service so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). 
You may also create a hyperlink to the home page of SHEEP BUY INC. so long as the link does not portray SHEEP BUY INC., its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter. 

All hyperlinks of SHEEP BUY INC Services are for non commercial purposes only, and should comply with the following: the title is correctly linked back to the original post on the service, redirects the user to the post when the user clicks on it, proper attribution to SHEEP BUY INC. as the source, your use or display does not suggest that SHEEP BUY INC. promotes or endorses any third party causes, ideas, web sites, products or services and the use does not overburden SHEEP BUY INC. systems.  Use of the Service beyond the scope of authorized access granted to you by SHEEP BUY INC. immediately terminates said permission or license. 

Disclaimer of Warranties

Our web site and the content and materials therein are provided “as is” or “as available” basis without any warranties of any kind.

YOU AGREE THAT USE OF THE SHEEP BUY INC. SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK.  ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. 

Warranties Disclaimed include but is not limited to: that defects in our site will be corrected; that our web site, or the servers that make them available, or any e-mail sent from us are free of viruses or other harmful components or conditions; of that information contained in the web site is accurate as of any particular date; or any warranties for other services or goods received through or advertised on the SHEEP BUY INC. or accessed through any links on the SHEEP BUY INC. site. SHEEP BUY INC. disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of the SHEEPBUY INC. Site and the service.  We reserve the right to change or terminate all or part of our web site at any time without notice. Some states do not allow the disclaimer of implied warranties, so the forgoing disclaimer may not apply to you.

Limitations of Liability and Release

Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals.  You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. 

You agree that SHEEP BUY INC. shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that SHEEP BUY INC. is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release SHEEP BUY INC., its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.

If you have a dispute with one or more users, you Release SHEEP BUY INC. (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. 
Violation of Terms and Conditions

You agree that SHEEP BUY INC., in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, if SHEEP BUY INC. believes that you have breached the herein Terms and Conditions. Further, you agree that SHEEP BUY INC. shall not be liable to you or any third-party for any termination of your access to the Service.  Further, you agree not to attempt to use the Service after said termination. 

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for SHEEP BUY INC. to pursue legal action to enforce these Terms, you will be liable to pay SHEEP BUY INC actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms and Conditions, SHEEP BUY INC. retains the right to seek the remedy of specific performance of any term contained in these Terms and Conditions, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms and Conditions, or any combination thereof.

Please report any violations of the Terms and Conditions, by reporting the posting(s) for, or by Contacting Sheepbuy Inc.

Jurisdiction/Severability
Use of this web site shall be governed by and construed in accordance with the laws of the state of Texas without giving any effect to any principles of conflicts of laws. Any dispute concerning this site shall be subject to the exclusive venue of a court of competent jurisdiction in Webb County, Texas. Should any provision of our terms and conditions be held invalid, unlawful, or for any reason unenforceable, the invalid, unlawful or unenforceable provision shall be severable from the remaining provisions and shall not affect the enforceability or validity of any remaining provisions.

Questions and Feedback

We welcome your questions and comments on this document please Contact Sheepbuy Inc