Terms of Service

TERMS OF SERVICE

This document sets for the terms of service (the “Terms of Service”) for the Breedbooks websites and mobile properties located at breedbooks.com and applicable country top level domains (including sub-domains associated with them), related software applications (sometimes referred to as “apps”), data, SMS, APIs, email, chat and telephone correspondence, buttons, widgets and ads (collectively, all of these items shall be referred to herein as the “Services”; more generally, the Breedbooks websites and mobile properties shall hereinafter be referred to herein as the “Websites”). The Services are offered to you conditioned upon your acceptance of the terms, conditions, and notices set forth below (collectively, this “Agreement”). By accessing or using the Services, you agree to be bound by this Agreement and represent that you have read and understood its terms. Please read this Agreement carefully, as it contains information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes. If you do not accept all of these terms and conditions, you are not authorized to use the Services. If you have a Breedbooks account and wish to terminate this Agreement, you can do so at any time by closing your account and no longer accessing or using the Services.

Any information, text, links, graphics, photos, audio, videos, data, code or other materials or arrangements of materials that you can view on, access or otherwise interact with through the Services shall be referred to as “Content”. The terms “we”, “us”, “our” and “Breedbooks” refer to Breedbooks, LLC, a Georgia limited liability company located in the United States of America (“Breedbooks”). “Services” as defined above refers to those provided by Breedbooks or our corporate affiliates (Breedbooks and such entities may be collectively referred to as the “Breedbooks Companies”). For the avoidance of doubt, the websites are all owned and controlled by Breedbooks.  However, some specific Services made available via the websites may be owned and controlled by Breedbooks’ corporate affiliates. 

The term “you” refers to the individual, company, business organization, or other legal entity using the Services and/or contributing Content to them. The Content that you contribute, submit, transmit and/or post to or through the Services may be referred to, variously, as “your Content” and/or “Content you submit.”

The Services are provided for the purpose of:

  1. Assisting customers in gathering, sharing and storing information regarding the breeding and maintenance of farm animals;

  2. Facilitating the marketing and sale of farm animals; and

  3. Assisting with the marketing, sale, and management of farm animals, by way of free and/or paid-for services offered by or through the Breedbooks Companies.

We may change or otherwise modify this Agreement in the future in accordance with the terms and conditions herein, and you understand and agree that your continued access or use of the Services after such change signifies your acceptance of the updated or modified Agreement. We will note the date that revisions were last made to this Agreement at the bottom of this Agreement, and any revisions will take effect upon posting. We will notify registered users of our Services (such registered users to be referred to as “Account Holders”) of material changes to these terms and conditions by either sending a notice to the email address associated with the Account Holder’s profile or by placing a notice on our websites. Be sure to return to this page periodically to review the most current version of these Terms of Service.

USE OF THE SERVICES

As a condition of your use of the Services, you warrant that (i) all information supplied by via the Services to the Breedbooks Companies is true, accurate, current and complete, (ii) if you are an Account Holder, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you, (iii) you are 13 years of age or older (in some jurisdictions, local laws may have an older age requirement) in order to register for an account, use the Services and contribute to our websites, and (iv) you possess the legal authority to enter into this Agreement and to use the Services, including our websites in accordance with all terms and conditions herein. The Breedbooks Companies do not knowingly collect the information of anyone under the age of 13. We retain the right at our sole discretion to deny anyone access to the Services, at any time and for any reason, including, but not limited to, for violation of this Agreement. By using the Services, including any products or services that facilitate the sharing of Content to or from third party sites, you understand that you are solely responsible for any information that you share with the Breedbooks Companies. You may access the Services solely as intended through the provided functionality of the Services in accordance with and as permitted under these Terms of Service.

Copying, transmission, reproduction, replication, posting or redistribution of (a) Content or any portion thereof and/or (b) the Services more generally is strictly prohibited without the prior written permission of the Breedbooks Companies. To request permission, please direct your request to:

Breedbooks, LLC

In order to access certain features of the Services, you will need to become an Account Holder by creating an account. When you create an account, you must provide complete and accurate information. You are solely responsible for the activity that occurs on your account, including your interaction and communication with others, and you will be solely responsible for safeguarding your account. Towards this end, if you are an Account Holder, you agree to keep your contact information up to date.  

If you are creating a Breedbooks account for commercial purposes and are accepting this Agreement on behalf of a company, organization, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to this Agreement, in which case the words “you” and “your” as used in this Agreement shall refer to such entity and the individual acting on behalf of the company shall be referred to as a “Business Representative.”

Through your use of the Services, you may encounter links to third party sites and apps or be able to interact with third party sites and apps. This may include the ability to share Content from the Services, including your Content, with such third party sites and apps. Please be aware that third party sites and apps may publicly display such shared Content. Such third parties may charge a fee for use of certain content or services provided on or by way of their websites. Therefore, you should make whatever investigation you feel is necessary or appropriate before proceeding with any transaction with any third party to determine whether a charge will be incurred. Where the Breedbooks Companies provide details of fees or charges for such third party content or services, such information is provided for convenience and information purposes only. Any interactions with third party sites and apps are at your own risk. You expressly acknowledge and agree that the Breedbooks Companies are in no way responsible or liable for any such third party sites or apps.

Some Content you see or otherwise access on or through the Services is used for commercial purposes. You agree and understand that the Breedbooks Companies may place advertising and promotions on the Services alongside, near, adjacent, or otherwise in close proximity to your Content (including, for video or other dynamic content, before, during or after its presentation), as well as the Content of others.

ADDITIONAL PRODUCTS

The Breedbooks Companies may, from time to time, decide to change, update or discontinue certain products and features of the Services. You agree and understand that the Breedbooks Companies have no obligation to store or maintain your Content or other information you provide, except to the extent required by applicable law.

We also offer other services that may be governed by additional terms or agreements. If you use any other such services, the additional terms will be made available and will become part of this Agreement, except where such additional terms expressly exclude or otherwise supersede this Agreement. For example, if you use or purchase such additional services for commercial or business purposes, you must agree to the applicable additional terms. To the extent any other terms conflict with the terms and conditions of this Agreement, the additional terms shall govern to the extent of the conflict with respect to those specific services.

PROHIBITED ACTIVITIES

The Content and information available on and through the Services (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such Content and information, is proprietary to the Breedbooks Companies or licensed to the Breedbooks Companies by third parties. For all Content other than your Content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through the Services. Additionally, you agree not to:

  • (i) use the Services or Content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this Agreement and related guidelines as made available by the Breedbooks Companies;

  • (ii) access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any Content of the Services, including but not limited to, user profiles and photos, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this Agreement or without our express written permission;

  • (iii) violate the restrictions in any robot exclusion headers on the Services or bypass or circumvent other measures employed to prevent or limit access to the Services;

  • (iv) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;

  • (v) deep-link to any portion of the Services for any purpose without our express written permission;

  • (vi) "frame", "mirror" or otherwise incorporate any part of the Services into any other websites or service without our prior written authorization;

  • (vii) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by the Breedbooks Companies in connection with the Services;

  • (viii) circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content; or

  • (ix) download any Content unless it’s expressly made available for download by the Breedbooks Companies.

PRIVACY POLICY AND DISCLOSURES

Any personal information you post on or otherwise submit in connection with the Services will be used in accordance with our Privacy Policy. Click here to view our Privacy Policy.

USER CONTENT AND USE OF OTHER INTERACTIVE SPACES; LICENSE GRANT

We appreciate hearing from you. Please be aware that by providing your Content to or through the Services, be it via email, posting via any Breedbooks synchronization product, via the services and applications of others, or otherwise, including any of your Content that is transmitted to your Breedbooks account by virtue of any Breedbooks Companies product or service, reviews, questions, photographs or videos, comments, suggestions, ideas or the like contained in any of your Content, you grant the Breedbooks Companies a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) host, use, reproduce, modify, run, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content of yours throughout the world in any media, currently known or hereafter devised; (b) make your Content available to the rest of the world and to let others do the same; (c) to provide, promote, and improve the Services and to make your Content shared on the Services available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content of yours on other media and services, subject to our Privacy Policy and this Agreement; and (d) use the name and/or trademark that you submit in connection with such Content of yours. You acknowledge that Breedbooks may choose to provide attribution of your Content at our discretion. You further grant the Breedbooks Companies the right to pursue at law any person or entity that violates your or the Breedbooks Companies’ rights in your Content by a breach of this Agreement. You acknowledge and agree that your Content is non-confidential and non-proprietary. You further acknowledge, agree, and warrant that you own or have the necessary licenses, rights (including copyright and other proprietary rights), consents, and permissions to publish and otherwise use (and for the Breedbooks Companies to publish and otherwise use) your Content as authorized under this Agreement.

To the extent that you retain any moral rights (including rights of attribution or integrity) in your Content, you hereby declare that, to the extent permitted by applicable law, (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of your Content by the Breedbooks Companies or their licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of your Content; and (d) you forever release the Breedbooks Companies and their licensees, successors and assigns, from any claims that you could otherwise assert against the Breedbooks Companies including but not limited to by virtue of any such moral rights.

Note that any feedback and other suggestions you provide may be used by Breedbooks without compensation or attribution at any time and we are under no obligation to keep them confidential.

The Services may contain discussion forums, bulletin boards, review services, or other avenues through which you may post your Content, such as reviews of products, messages, materials or other items ("Interactive Spaces"). If Breedbooks provides such Interactive Spaces on the websites, you are solely responsible for your use of such Interactive Spaces and use them at your own risk. The Breedbooks Companies do not guarantee any confidentiality with respect to any of your Content you provide to the Services or in any Interactive Area.  To the extent that any entity that is one of the Breedbooks Companies provides any form of private communication channel between Account Holders, you agree that such entity(ies) may monitor the substance of such communications in order to help safeguard our community and the Services. You understand that the Breedbooks Companies do not control or edit the user messages posted to or distributed through the Services, including through any chat rooms, bulletin boards or other communications forums, and will not be in any way responsible or liable for such communication.  In particular, Breedbooks does not edit or control users’ Content that appears on the Websites.  The Breedbooks Companies nevertheless reserve the right to remove any such communication or other Content from the Services without notice, where they believe in their sole discretion that such Content breaches this Agreement or otherwise believe the removal is reasonably necessary to safeguard the rights of the Breedbooks Companies and/or other users of the Services. By using any Interactive Spaces, you expressly agree only to submit Content of yours that complies with Breedbooks’ published guidelines, as are in force at the time of submission and made available to you by Breedbooks.  You expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any Content of yours that:

  1. Is false, unlawful, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing (or advocates harassment of another person), threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

  2. Would constitute, encourage, promote or provide instructions for conduct of an illegal activity, a criminal offense, give rise to civil liability, violate the rights of any party in any country of the world, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission (SEC) or any rules of any securities exchange, including but not limited to, the New York Stock Exchange (NYSE), the NASDAQ or the London Stock Exchange;

  3. Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

  4. May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. In particular, content that promotes an illegal or unauthorized copy of another’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;

  5. Is patently offensive to the online community, such as that which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

  6. Constitutes mass mailings or “spamming”, “junk mail”, “chain letters” or “pyramid schemes”;

  7. Impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including the Breedbooks Companies;

  8. Is private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.  Note that an individual’s surname (family name) may be posted to our websites, but only where express permission of the identified individual has been secured beforehand;

  9. Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);

  10. Include or facilitate the dissemination of viruses, corrupted data or other harmful, disruptive or destructive files;

  11. Is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or

  12. In the sole judgment of Breedbooks, (a) violates the previous subsections herein, (b) violates Breedbooks’ related guidelines as made available to you by Breedbooks, (c) is objectionable, (d) restricts or inhibits any other person from using or enjoying the Interactive Spaces or any other aspect of the Services, or (e) may expose any of the Breedbooks Companies or their users to any harm or liability of any type.

The Breedbooks Companies take no responsibility and assume no liability for any Content posted, stored, transmitted or uploaded to the Services by you (in the case of your Content) or any third party (in the case of any and all Content more generally), or for any loss or damage thereto, nor are the Breedbooks Companies liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, the Breedbooks is not liable for any statements, representations or any other Content provided by its users (including you as to your Content) in the websites or any other forum. Although the Breedbooks has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, Breedbooks reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any Content posted or stored on the Services at any time and for any reason, or to have such actions performed by third parties on their behalf, and you are solely responsible for creating backup copies of and replacing any Content you post or otherwise submit to us or store on the Services at your sole cost and expense.

Any use of the Interactive Spaces or other aspects of the Services in violation of the foregoing violates the terms of this Agreement and may result in, among other things, termination or suspension of your rights to use the Interactive Spaces and/or the Services more generally.

THIRD-PARTY SUPPLIERS

Use of Breedbooks E-Commerce Services. The Breedbooks Companies offer you the ability to enter into transactions to purchase certain products or services (the “E-Commerce Services”) with third-party parties, including other Customers or third-party suppliers without leaving the Services. By engaging in an e-commerce transaction via the websites, you will become an Account Holder if you are not one already.

By making use of the E-Commerce Services via the websites, you acknowledge that you accept the practices described in our Privacy Policy and this Agreement. In addition, you warrant, either in your individual capacity or as a Business Representative, that you are 18 years of age or older, that you possess the legal authority to enter into this Agreement and use the Services (including the Breedbooks Companies’ E–Commerce Services) in accordance with this Agreement, and that all information you supply is true and accurate. You further agree that you will use the Breedbooks Companies’ E-Commercie Services only to make engage in purchases and/or sale for youself or others for whom you are legally authorized to act. Any false or fraudulent e-commerce transaction is prohibited, and any user who attempts such a false or fraudulent transaction may have their account terminated.

AS A CONDITION OF THE SERVICES YOU ACKNOWLEDGE AND AGREE THAT: (1) THE BREEDBOOKS COMPANIES WILL NOT HAVE ANY LIABILITY TO YOU OR OTHERS FOR ANY UNAUTHORIZED TRANSACTIONS MADE USING YOUR PASSWORD OR ACCOUNT; AND (2) THE UNAUTHORIZED USE OF YOUR PASSWORD OR ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BREEDBOOKS, ITS CORPORATE AFFILIATES AND/OR OTHERS.

Third-Party Suppliers.  Although the Breedbooks Companies display information about products or service offered by third-party suppliers and facilitate with the sale of such third-part products or services through certain suppliers on or through the Breedbooks Companies’ websites, such actions do not in any way imply, suggest, or constitute the Breedbooks Companies’ sponsorship or approval of third-party suppliers, or any affiliation between the Breedbooks Companies and third-party suppliers. Although Account Holders may rate and review particular products or services based on their own experiences, the Breedbooks Companies do not endorse or recommend the products or services of any third-party suppliers, save that Breedbooks may issue certain businesses awards that are based on the reviews posted by Account Holders. The Breedbooks Companies do not endorse any Content posted, submitted or otherwise provided by any user or business, or any opinion, recommendation, or advice expressed therein, and the Breedbooks Companies expressly disclaim any and all liability in connection with such Content. You agree that the Breedbooks Companies are not responsible for the accuracy or completeness of information they obtain from third-party suppliers and display on the Services.

If you purchase chase a product or service for a third party, you agree to be bound by the supplier’s terms and conditions of purchase and website use, privacy policy, and any other rules or policies related to the supplier’s site or property. Your interactions with third-party suppliers are at your own risk. The Breedbooks Companies will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any third-party suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with third-party suppliers.

The Services may link you to supplier sites or other sites that Breedbooks does not operate or control. For further information, please refer to the “Links to Third-Party Sites” section below.

Obtaining Products and/or Services from Third-Party Suppliers Listed on Corporate Affiliate Sites. Some of Breedbooks’ corporate affiliates act as marketplaces to facilitate customers’ or users’ ability to (1) enter into transactions to purchase or otherwise obtain certain goods and services (variously, “Transactions”) from third-party suppliers of such Transactions (each such supplier of Transaction to be referred to as an “Advertiser”). Those corporate affiliates of Breedbooks syndicate their advertisements to other entities within the Breedbooks Companies group and that is why you see them on the Breedbooks Companies’ websites.  As a user, you must be responsible for your use of the Services (including, in particular, the Breedbooks Companies’ websites), and any transaction involving the Services.

Because neither Breedbooks nor its corporate affiliates are parties to thrid-party transactions between customers or users and Advertisers, any dispute or conflict involving an actual or potential transaction between you and an Advertiser, including the quality, condition(s), safety or legality of a product, service or Transaction offered by an Advertiser, the accuracy of the listing Content, the Advertiser’s ability to provide the product, service or Transaction, or your ability to pay for such, is solely the responsibility of each user.

One of Breedbooks’ corporate affiliates may act as an Advertiser’s limited agent solely for the purpose of transmitting your payment to the Advertiser. You agree to pay an Advertiser, or a Breedbooks corporate affiliate acting as limited payment collection agent on behalf of an Advertiser, any specified fee(s) charged by the Advertiser for any Vacation Rental reservation or Transaction.

If you enter into a dispute with an Advertiser in the EU, alternative methods for resolving that dispute are available online here: http://ec.europa.eu/consumers/odr/.

AUCTIONS

Breedbooks Auctions is an online platform to allow Breedbooks users with a valid account, contact information, and email address, to offer, sell, and buy items, at any time, from anywhere, in a number of pricing formats, such as fixed price "“Buy Now”", and auction-style bidding. Additionally, Breedbooks auctions provide Sellers with integrated advertising of their items and the ability to contact any bidders on their item after their auction has ended, using anonymous messaging through their Breedbooks account.

Auction Plan Purchase, Fees, Commissions. Breedbooks charges a single annual plan fee or recurring monthly plan fee to use our auction system. There are no other fees associated with listing items for sale or any commissions charged on sales, except where explicitly stated as part of a separate agreement. All sale transactions are strictly between Seller and Buyer. Although it is the goal of Breedbooks to facilitate sales for its members, in no way does the purchase of an Breedbooks auctions plan promise or guarantee in any way the sale of an item. Breedbooks does not offer refunds on partially used auction plans or where a seller was not successful in selling an item.

Use of Breedbooks Auctions. By using the Breedbooks auctions platform, you acknowledge that we are not a traditional auctioneer. You agree to not hold Breedbooks responsible or liable for the information, actions or inactions, products and services, that other Breedbooks users list. Breedbooks is not involved in the preparation of any sales terms or contracts or in any transactions between Buyers and Sellers. Breedbooks has no control over and does not guarantee the legal ownership, quality, health, valid and/or required veterinary inspections, or safety of items advertised, the truth or accuracy of users' content or listings, the ability of Sellers to sell items, the ability of Buyers to pay for items, or that a Buyer or Seller will actually complete a transaction. A bid initiates a non-binding transaction representing a buyer's expression of intent to buy the Seller's item. Conversely, if you do not place a bid, you acknowledge that you have not expressed an intent to buy the Seller's item.

Auctions Sales. We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement modifies any state or federal laws or regulations regarding the sale of goods, unless the buyer and the seller agree otherwise. Further, we cannot guarantee continuous or secure access to our site, services, or tools, and operation of our site, services, or tools may be interfered with by numerous factors outside of our control. ACCORDINGLY, TO THE EXTENT LEGALLY PERMITTED, WE EXCLUDE ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS. WE ARE NOT LIABLE FOR ANY LOSS OF MONEY, GOODWILL OR REPUTATION, OR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING, DIRECTLY OR INDIRECTLY, OUT OF YOUR USE OF OR YOUR INABILITY TO USE OUR SITE, SERVICES, AND TOOLS.

Breedbooks shall be the sole arbitrator of any disputes regarding auction operations, including, but not limited to, retraction of bids, disputes arising from bidding, a Seller ending an auction early, removal by Breedbooks of an auction listing, denying an item from being listed, and suspension of a user's right to bid or sell. In no way do any contract provisions of the Seller or lack thereof relating to the sale of an item have any bearing on how Breedbooks conducts its auctions, what it considers a "sale", or any other aspect of business on Breedbooks.com.

Auction Item Listings. By listing an item in an online auction, you, as the seller, acknowledge that you are solely responsible for providing accurate, truthful, and complete information about the item and clearly stating on the item's detail page the terms of sale, delivery, time frames, fees, features, discounts, breedings, any included or excluded options, and any other conditions or items related to the sale. Breedbooks accepts no responsibility for any contract or language included in an item's listing or associated with it in any way. Breedbooks accepts no liability for errors, omissions, or unfulfilled contractual obligations.

Selling an Item. Breedbooks assumes no responsibility and accepts no liability for ownership verification before an item is listed. Sellers are solely responsible for verifying ownership status and securing any necessary legal agreements to sell from all interested parties, including any lien holders on an item, whether or not the item is being sold in part, in whole, or for its services or products.

When a Seller lists an item in Breedbooks’ online auctions, they acknowledge that they understand and have reviewed all of their auction listing information, including the item's category, the item itself, starting price, reserve price, “Buy Now” price, auction start and end dates and times, and auction duration, before posting the listing. The ending time of the auction listing is determined by the start time you specify.

Opening Price. The opening price is the price for which that the auction item initially will be listed. If no reserve price is specified, the item may sell for its opening price and the seller will be obligated to sell to the highest bidder. Sellers who list items with no reserve price acknowledge that they are solely responsible for the pricing of their item and any subsequent sale that occurs due to a successful winning bid, regardless if it is not a price with which the seller is content.

Reserve Price. The reserve price (optional) is the minimum amount for which the seller is willing to sell their item. The reserve price is not shown to bidders but a "reserve not met" message will be displayed until a bid is received that meets or exceeds the reserve price. If an item does not receive a bid that meets or exceeds the reserve price, the seller is not obligated to sell their item and the high bidder is not obligated to purchase that item. However, if a bid is placed that meets or exceeds the reserve price and it is the highest bid at the time the auction closes, the high bidder is obligated to buy that item. If no reserve price is set, "reserve not met" will NOT be displayed and the first bid may become the winning bid and the high bidder at the time the auction ends (see Ending Auctions Early below) will be obligated to purchase that item.

Buy Now” Price. Sellers have the option to include a “Buy Now” price. This gives bidders the option to buy an item right away at a known, fixed price and by doing so, end the auction early, making them the winning bidder. Bidders who use the “Buy Now” feature acknowledge that they understand that they are obligated to purchase the item for the “Buy Now” price.

Updating Auction Listings. Seller's may modify their item's pricing at any time prior to receiving a bid. Once a bid has been placed on an item you will no longer be able update the item's pricing. It is the seller's responsibility to verify that their item's pricing is correct before they list the item. If you make a mistake with the timing of your auction, you may end the auction early and re-list the item after the mandatory 24-hour 'cooling-off' period.

Ending Auctions Early. A seller may choose to end their auction early at any time, whether bids have been received or not. If you do end your auction early and there is a winning bidder, you are still obligated to sell the item to the winning bidder, except for reasons detailed in Sales Transactions below. Should you discover a listing error, you should end your listing as soon as possible. When you end an auction early, buyers may feel disappointed. If bids have already been received, you are strongly discouraged from ending your auction early. If you regularly end auctions early, your account may be subject to account restrictions or other disciplinary action.

"Cooling-off" Period. After any item's auction has ended, the item is not able to be re-listed for 24-hours afterward. This ensures that a newly re-listed item's auction is not confused with the prior listing.

Bidding. In order to place a bid, you must be a registered user of Breedbooks.com and have an activated account with complete and up-to-date contact information, including email address. As an auction Seller, you are not permitted to bid on your own auction listings. This includes the setting up of additional accounts for the purpose of bidding on your own auction listings. Breedbooks reserves the right to suspend or terminate a Seller's account if they are found to be placing bids on their own listings. Breedbooks reserves the right to suspend or terminate a Bidder's account if they fail to complete a purchase transaction without good reason, or if Breedbooks receives reports of unfulfilled obligations, dishonest dealings, or any other practice that is deemed inappropriate or inconsistent with the spirit or terms of our policies. Such determinations shall be at Breedbooks’ sole discretion and are final. All prices and bids are reflected in U.S. Dollars (USD).

By placing a bid, the bidder acknowledges that they have carefully reviewed the item's description and the details of the auction offering and have asked the seller any questions pertaining to the item and the sale prior to bidding, including but not limited to, investigating or determining the accuracy of pedigrees, genetic background and traits, health records, show winnings, ownership, liens, veterinary inspections, medical or veterinary care, boarding fees, transfer fees, transportation/delivery, insurance, deposits, payments, interest, breedings, co-ownership, etc. By clicking the "Accept Bid" or "Accept Purchase" button, bidders acknowledge that they have carefully reviewed and confirmed the item for which they are placing a bid or purchasing, including the category in which the item is listed. When a bidder place a bid, their internet IP address is recorded and may be used to verify the legitimacy of bids or investigate any matters related to bidding.

If you bid an amount that meets or exceeds the item's reserve price and you are the high bidder at the time the auction ends, you will become the winning bidder. As the winning bidder, you will be obligated to buy the item and the seller will be obligated to sell the item to you. If no reserve price is specified, the seller will be obligated to sell their item to the highest bidder at the time the auction ends. It is the nature of online auctions that bids may be placed in quick succession as the ending time of the auction approaches. Whoever places the highest bid before the auction ends will be considered the winning bidder, so long as any reserve price is met. In the case where the last bid placed is exactly equal to that of a prior proxy bid, the proxy bidder will be the winning bidder by virtue of having placed their bid first.

Sniper Protection. Any bid that is placed within the last 2 (two) minutes of an auction listing's closing time, will automatically extend the auction's ending time to 2 (two) minutes. This is known as "sniper protection" and is intended to give other bidders reasonable time to counter-bid should another bidder place a bid very close to the auction's closing time.

Network Latency & Timing of Bids. Due to factors outside of Breedbooks’ control, such as internet connection speeds, network and server technologies, internet routing paths, geographic distances, and end-user computer equipment and software, we cannot guarantee exact timing of bid submissions, bids received, and end-user auction status display. Therefore, Breedbooks assumes no responsibility or accepts no liability for bids that are not placed within reasonable time before an auction ends or for disputes arising over bid status, timing or receiving of bids, or the order of bids received.

Breedbooks auctions are conducted according to U.S. Eastern Time.

Proxy Bidding. When you place a bid, you can enter a maximum amount you are willing to pay for the item and let Breedbooks bid on your behalf up to that amount, should another bidder outbid you. If the Reserve Price has not been met, your maximum bid will automatically raise the current price of the item to your maximum bid amount, or the Reserve Price, whichever is less. Once the Reserve Price has been met, Breedbooks will bid incrementally on your behalf (proxy bidding), up to the maximum bid amount you entered (not displayed to other bidders). This ensures that you will never pay more than is necessary to keep you the winning bidder. By placing a maximum bid amount that exceeds the minimum bid amount, you acknowledge that Breedbooks will bid on your behalf up to your maximum bid and that, should you be the winning bidder, you will be obligated to purchase the item.

Bidder Activity. Breedbooks recognizes that one of the benefits of online bidding is that bidders' identities and bid amounts are generally kept confidential. For this reason, Breedbooks does not typically display bidder activity for visitors to see, whether they have an Breedbooks account or not, or are logged in or not. Sellers may view how many bids they have received on their item during an auction and, once the auction has ended, they are able to view bidder activity.

Bid Retraction/Cancellation. As a general rule, you cannot retract or cancel a bid. Once you place a bid, you agree to pay for the item if you are the winning bidder. However, honest mistakes sometimes occur and in rare cases an account may be compromised and used to place illegitimate bids. If you feel you have a valid reason for retracting a bid, please contact Breedbooks Support immediately. Breedbooks reserves the right to decline any bid retraction/cancellation for any reason at its sole discretion.

Bidder Contact. Once an auction has ended, all bids are recorded in the seller's account, including bidder ID, date and time of bids, bid amount, and an anonymous link to send an email message to the bidder. Bidder identities and contact information, including their email address, are generally not revealed to the seller. Typically, only a winning bidder's identity and contact information is displayed to the seller. The "Email Bidder" feature is provided as a courtesy to sellers to allow them to contact bidders who, by virtue of their bid, have indicated an interest in purchasing their item. The bidder's email address is not typically revealed unless the bidder replies to the seller's initial email. Breedbooks requires that as a Seller, your contact with bidders be kept respectful and appropriate. Excessive, harassing, or aggressive contact is not acceptable or appropriate. Such behavior may result in the suspension of this feature or, in serious cases, termination of the member's account.

Sales Transactions. Sellers are obligated to sell their item to the winning bidder unless they have reasonable grounds to believe that the buyer does not have the ability, means, or training necessary to adequately care for the item, or they do not have the means to pay for the item, that there is evidence the transaction may be an attempt at fraud, or there is evidence that the winning bidder has a history of unfulfilled sales agreements, payment(s), or contractual obligations. If you are the winning bidder of an item, you are obligated to complete the sale in a timely, professional, straightforward manner. All sales are to be conducted in U.S. Dollars (USD), unless mutually agreed upon by Buyer and Seller.

Sellers and Buyers acknowledge that any issues arising out of warranty, transportation, payment, or any other aspect of the transaction, are solely between Buyer and Seller and in no way are the responsibility of Breedbooks, or any of its agents, employees, advertisers or members.

Breedbooks reserves the right at its sole discretion to restrict, suspend or terminate a member's account immediately without notice if a pattern is determined of unusual or prolific bidding activity, if multiple complaints are received of unfulfilled purchases as detailed in Breedbooks’ Auction Terms, or if fraudulent account activity is detected.

Sale Commission Fees on Auction Sales. If an agreement exists between Breedbooks and a third party to provide online auction services for which commission fees are to be charged on sales (whether bidding is exclusively online or a combination of online and live event bidding), the exclusive definition of a "sale" is when a Breedbooks auction ends with a winning bidder. No other contract language or terms may amend, add to, or supercede this definition. If an item has a winning bidder, commission fees become due, regardless of whether or not a purchase agreement between the Seller and Buyer is signed. If the winning bidder does not complete the purchase, defaults on the purchase, or backs out for any reason and within any timeframe, this does not establish grounds for the sales commission fee to be deducted or refunded. The final decision regarding sales commission fees shall be made by Breedbooks at its sole discretion.

Seller and Buyer Privacy. By listing an item for sale in Breedbooks’ online auctions or by bidding on an item for sale in Breedbooks’ online auctions, Sellers and winning Bidders agree to allow Breedbooks to use their names, business names, business logo, and provide links to their respective websites or web pages in post-auction reporting, advertising, marketing, emails, and other promotional activities.

Warranties and Disputes. Breedbooks makes no claim or statement as to the quality, health, value, or ownership status of the items listed, nor to the business practices of the Buyers and/or Sellers. Breedbooks assumes no responsibility or liability for items sold with outstanding liens or other interest or for any ongoing litigation, registration, or other disputes relating to ownership and/or the ability to register or transfer registration. All parties operate at their own risk and agree to indemnify Breedbooks and any of its agents, employees, advertisers and members against any loss, injury, damage of reputation, or expense that may occur as a result of any transaction.

Breedbooks reserves the right at its sole discretion to remove any item from its online auctions if it deems the item or the content of the item's details to be in any way misleading, untrue, misrepresented, inappropriate, disparaging to any individual or business, or if we believe any animal to be in poor health, mistreated, or in any other way not fit for sale or display on Breedbooks.com.

Brokering. Listing brokered animals in Breedbooks online auctions is allowed as long as the member whose account and farm name under which the auction is listed (1) Is the legal sales agent of the animal; (2) Is the individual handling all sales correspondence and negotiations; and (3) Is the individual handling the sales agreement, transaction, transportation, etc.

LIABILITY DISCLAIMER

PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS THE BREEDBOOKS COMPANIES’ LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THE SERVICES. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN THIS AGREEMENT, PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE ACCESSING OR USING THE SERVICES.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON OR OTHERWISE PROVIDED VIA THE SERVICES MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING RESERVATION AVAILABILITY AND PRICING ERRORS. THE BREEDBOOKS COMPANIES DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE PRODUCTS OR SERVICES DISPLAYED, DESCRIBED OR OFFERED ON THE SERVICES (INCLUDING, WITHOUT LIMITATION, THE PRICING, AVAILABILITY, PHOTOGRAPHS, OR, GENERAL PRODUCT DESCRIPTIONS, REVIEWS AND RATINGS, ETC.). IN ADDITION, THE BREEDBOOKS COMPANIES EXPRESSLY RESERVE THE RIGHT TO CORRECT ANY AVAILABILITY AND PRICING ERRORS ON THE SERVICES AND/OR PRODUCTS.

BREEDBOOKS MAKES NO REPRESENTATIONS OF ANY KIND REGARDING THE SUITABILITY OF THE SERVICES, INCLUDING THE INFORMATION CONTAINED ON ITS WEBSITES OR ANY PORTION THEREOF, FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICE OFFERINGS ON ITS WEBSITES OR OTHERWISE THROUGH THE SERVICES DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICE OFFERINGS BY BREEDBOOKS. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICE OFFERINGS MADE AVAILABLE BY OR THROUGH THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. BREEDBOOKS DISCLAIMS ALL WARRANTIES, CONDITIONS, OR OTHER TERMS OF ANY KIND THAT THE SERVICES, ITS SERVERS OR ANY DATA (INCLUDING EMAIL) SENT FROM BREEDBOOKS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, BREEDBOOKS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OR TERMS OF ANY KIND AS TO OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET POSSESSION AND NON-INFRINGEMENT.

THE BREEDBOOKS COMPANIES ALSO EXPRESSLY DISCLAIM ANY WARRANTY, REPRESENTATION, OR OTHER TERM OF ANY KIND AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE CONTENT AVAILABLE BY AND THROUGH THE SERVICES.

THE THIRD PARTY SUPPLIERS PROVIDING GOODS OR SERVICES ON OR THROUGH THE SERVICES ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE BREEDBOOKS COMPANIES. THE BREEDBOOKS COMPANIES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. BREEDBOOKS SHALL HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF FORCE MAJEURE OR OTHER CAUSES BEYOND ITS DIRECT CONTROL, AND IT HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.

SUBJECT TO THE FOREGOING, ANY USE OF THE SERVICES OCCURS AT YOUR OWN RISK AND IN NO EVENT SHALL THE BREEDBOOKS COMPANIES (OR THEIR OFFICERS, DIRECTORS AND/OR EMPLOYEES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGES ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION OF ANY TYPE ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THE SERVICES OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THE SERVICES (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON REVIEWS AND OPINIONS APPEARING ON OR THROUGH THE SERVICES; ANY VIRUSES, BUGS, TROJAN HORSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THE SERVICES; PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE SERVICES’ SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THE SERVICES) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF BREEDBOOKS OR ITS CORPORATE AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If the Breedbooks Companies are found liable for any loss or damage that arises out of or is in any way connected with your use of the Services, then the Breedbooks Companies’ liability will in no event exceed, in the aggregate, the greater of (a) the transaction fees paid to the Breedbooks Companies for the transaction(s) on or through the Services giving rise to the claim, or (b) One-Hundred Dollars (US $100.00).

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of the Breedbooks Companies.

THESE TERMS AND CONDITIONS AND FOREGOING LIABILITY DISCLAIMER DO NOT AFFECT MANDATORY LEGAL RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW, FOR EXAMPLE UNDER CONSUMER PROTECTION LAWS IN PLACE IN CERTAIN COUNTRIES.

IF THE LAW OF THE COUNTRY WHERE YOU LIVE DOES NOT ALLOW ANY PARTICULAR LIMITATION OR EXCLUSION OF LIABILITY PROVIDED FOR IN THIS CLAUSE, THAT LIMITATION WILL NOT APPLY. THE LIABILITY DISCLAIMER WILL OTHERWISE APPLY TO THE MAXIMUM EXTENT ALLOWED BY YOUR LOCAL LAW.

INDEMNIFICATION

You agree to defend and indemnify the Breedbooks Companies and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

  • (i) your breach of this Agreement or the documents referenced herein;

  • (ii) your violation of any law or the rights of a third party; or

  • (iii) your use of the Services, including the Breedbooks Companies’ websites.

LINKS TO THIRD-PARTY SITES

The Services may contain hyperlinks to websites operated by parties other than the Breedbooks Companies. Such hyperlinks are provided for your reference only. The Breedbooks Companies do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this or any other website) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. The Breedbooks Companies’ inclusion of hyperlinks to such websites does not imply any endorsement of the material on such third party websites or apps or any association with their operators.

In some cases, you may be asked by a third party site or app to link your Breedbooks account profile to a profile on another third party site. You are responsible for deciding if you choose to do so, it is purely optional, and the decision to allow this information to be linked can be disabled (with the third party site or app) at any time. If you do choose to link your Breedbooks account to a third party site or app, the third party site or app will be able to access the information you have stored on your Breedbooks account, including information regarding other users with whom you share information. You should read the terms and conditions and privacy policy of the third party sites and apps that you visit as they have rules and permissions about how they use your information that may differ from the Services, including our websites. We encourage you to review these third party sites and apps and to use them at your own risk.

SOFTWARE AS PART OF SERVICES; ADDITIONAL MOBILE LICENSES

Software from the Services may be subject to United States export controls. No software from the Services may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Sudan, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (b) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

As noted above, the Services include software, which at times may be referred to as “apps”.  Any software that is made available to download from the Services ("Software") is the copyrighted work of Breedbooks or other party as identified. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software. You may not install or use any Software that is accompanied by or includes a license agreement unless you first agree to the terms of such license agreement. For any Software made available for download by way of the Services and which is not accompanied by a license agreement, we hereby grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using the Services in accordance with this Agreement’s terms and conditions (including those policies referenced herein) and for no other purpose.

Please note that the Software, including, without limitation, all HTML, XML, Java code and Active X controls contained in the Services, is owned or licensed by Breedbooks, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT OR THIS AGREEMENT (AS APPLICABLE).

COPYRIGHT AND TRADEMARK NOTICES

Breedbooks, its logo(s), and all other product or service names or slogans displayed on the Services are registered and/or common law trademarks of Breedbooks, LLC and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Breedbooks or the applicable trademark holder. In addition, the look and feel of the Services, including our websites, as well as all page headers, custom graphics, button icons and scripts related to same, is the service mark, trademark and/or trade dress of Breedbooks and may not be copied, imitated or used, in whole or in part, without the prior written permission of Breedbooks. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Except to the extent noted elsewhere in this Agreement, reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Breedbooks.

All rights reserved. Breedbooks is not responsible for content on websites operated by parties other than Breedbooks.

Notice and Take-Down Policy for Illegal Content

Breedbooks operates on a "notice and takedown" basis. If you have any complaints or objections to Content, including user messages posted on the Services, or if you believe that material or content posted on the Services infringes a copyright that you hold, please contact us immediately by clicking here. Breedbooks will respond to valid and properly substantiated complaints by making reasonable efforts to remove manifestly illegal content within a reasonable time.

MODIFICATIONS TO THE SERVICES; TERMINATION

Breedbooks may change, add or delete these terms and conditions of this Agreement or any portion thereof from time to time in its sole discretion where we deem it necessary for legal, general regulatory and technical purposes, or due to changes in the Services provided or nature or layout of Services. Thereafter, you expressly agree to be bound by the terms and conditions of this Agreement as amended.

The Breedbooks Companies may change, suspend or discontinue any aspect of the Services at any time, including availability of any of the Services’ features, databases or Content. The Breedbooks Companies may also impose limits or otherwise restrict your access to all or parts of the Services without notice or liability for technical or security reasons, to prevent against unauthorized access, loss of, or destruction of data or where Breedbooks and/or its corporate affiliates consider(s) in its/their sole discretion that you are in breach of any provision of this Agreement or of any law or regulation and where Breedbooks and/or its corporate affiliates decide to discontinue providing any aspect of the Services.

YOUR CONTINUED USE OF THE SERVICES NOW, OR FOLLOWING THE POSTING OF ANY SUCH NOTICE OF ANY CHANGES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH MODIFICATIONS.

Breedbooks may terminate this Agreement with you at any time, without advanced notice, where it believes in good faith that you have breached this Agreement or otherwise believes that termination is reasonably necessary to safeguard the rights of the Breedbooks Companies and/or others users of the Services. That means that we may stop providing you with Services.

JURISDICTION AND GOVERNING LAW

This website is owned and controlled by Breedbooks, LLC, a U.S. limited liability company. This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of the state of Georgia, USA. You hereby consent to the exclusive jurisdiction and venue of courts in and/or for Habersham County, Georgia, USA and stipulate to the fairness and convenience of proceedings in such courts for all disputes, both contractual and non-contractual, arising out of or relating to the use of the Services by you or any third party. You agree that all claims you may have against Breedbooks, LLC arising from or relating to the Services must be heard and resolved in a court of competent subject matter jurisdiction located in the state of Georgia. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. Nothing in this clause shall limit the right of Breedbooks, LLC to take proceedings against you in any other court, or courts, of competent jurisdiction. The foregoing shall not apply to the extent that applicable law in your country of residence requires application of another law and/or jurisdiction – in particular, if you are using the Services as a consumer - and this cannot be excluded by contract and will not be governed by the United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable.  If you use the Services as a consumer, and not as business or Business Representative, you may be entitled to bring claims against Breedbooks in the Courts of your country of residence. This clause shall otherwise apply to the maximum extent allowed in your country or residence.

GENERAL PROVISIONS

We reserve the right to reclaim any username, account name, nickname, handle or any other user identifier for any reason without liability to you.

You agree that no joint venture, agency, partnership, or employment relationship exists between you and Breedbooks and/or its corporate affiliates as a result of this Agreement or use of the Services.

Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of the Services within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in this Agreement shall continue in effect.

This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Breedbooks with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Breedbooks with respect to the Services. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The following sections shall survive any termination of this Agreement:

  • Additional Products

  • Prohibited Activities

  • User Content and Use of Other Interactive Spaces; License Grant

  • Liability Disclaimer

  • Indemnification

  • Software as Part of Services

  • Copyright and Trademark Notices

  • Notice and Take-Down Policy for Illegal Content

  • Modifications to the Services; Termination

  • Jurisdictions and Governing Law

  • General Provisions

  • Service Help

The terms and conditions of this Agreement are available in the language of the Breedbooks websites and/or apps on which Services may be accessed.

The websites and/or apps on which Services may be accessed may not always be updated on a periodic or regular basis and consequently are not required to register as editorial product under any relevant law.

Fictitious names of companies, products, people, characters, and/or data mentioned in, on or through the Services are not intended to represent any real individual, company, product, or event.

Nothing in this Agreement shall be deemed to confer any third-party rights or benefits, save that Breedbooks’ corporate affiliates shall be deemed express third party beneficiaries of this Agreement.

You are prohibited from transferring any of your rights or obligations under this Agreement to anyone else without our consent.

Any rights not expressly granted herein are reserved.

SERVICE HELP

Breedbooks, LLC

Please note that Breedbooks, LLC does not accept legal notices or service of legal process by any means other than hard copy post delivered to the address immediately above.  For the avoidance of doubt and without limitation, we therefore do not accept notices or legal service deposited upon any of our affiliates or subsidiaries.

 

©2020 Breedbooks, LLC. All rights reserved.                                

Last updated: April 30, 2020.

 

PRIVACY AND COOKIE STATEMENT

Effective: January 1, 2020

We know that sharing your personal information with us is based on trust. We take this seriously and are committed to ensuring that we respect your privacy when you visit our website or use our services. Please review this Statement carefully to learn about our privacy practices.

We operate an online service that provides users with Assisting customers in gathering, sharing and storing information regarding the breeding and maintenance of farm animals, Facilitating the marketing and sale of farm animals; and Assisting with the marketing, sale, and management of farm animals, by way of free and/or paid-for services offered by or through the Breedbooks Companies. In this Statement, these are collectively referred to as our Services.

Our Services are owned and operated by Breedbooks, LLC. By visiting our websites and related applications, whether on a computer, phone, tablet, or similar device (these are all referred to as a “Device”), you are accepting the practices described below.

Information Collected

When you access or use our Services, we collect information from and about you to provide a more personalized and relevant experience. Some information we collect automatically. Other information we collect from different sources, including affiliated entities, business partners, and other independent third-party sources. When you use our Services by “clicking-through” from a third-party site or when you visit third-party sites via our Services, those third-party sites may share information with us about your use of their service. Information collected may include the following:

Information Uses

We are committed to providing you with relevant content on our Services and respect the data privacy laws of the different jurisdictions which we operate in. We use information about you so we can help you enjoy and use our Services, including in the following ways:

Information Sharing

In order to provide some of our Services, we may need to share information with certain other third-parties, including our group of companies, in the following circumstances:

Information Choices

You have options with respect to the collection and use of your information. You can access, update and even close your account by visiting the Member Profile page on our website

Information Transfers

We are a U.S.-based company. If we transfer your information to other countries, we will use and protect that information as described in this Statement and in accordance with applicable law.

Information Security

We have implemented appropriate administrative, technical, and physical security procedures to help protect your information.

Information Retention

We will retain copies of your information for as long as you maintain your account or as necessary in connection with the purposes set out in this Statement, unless applicable law requires a longer retention period. In addition, we may retain your information for the duration of any period necessary to establish, exercise or defend any legal rights.

Do Not Track Signals

Our website is not designed to currently respond to “Do Not Track” (“DNT”) signal requests from browsers. This is due to the lack of global standardized interpretation that defines “Do Not Track” signals. Once the industry has settled on standards related to this issue, we may re-evaluate this approach.

Cookies

We want your access to our Services to be as easy, efficient and useful as possible. To help us do this, we use cookies and similar technologies to improve your experience, to enhance site security and to show you relevant advertising.

Statement Changes and Notification

We may update this Statement in the future. If we believe any changes are material, we will let you know by doing one or more of the following: sending you a communication about the changes, placing a notice on the website and/or posting an updated Statement on the website. We will note at the top of this Statement when it was most recently updated. We encourage you to check back from time to time to review the most current version and to periodically review this Statement for the latest information on our privacy practices

Contact

If you have a data privacy request, such as a request to delete or access your data, please contact us by clicking here

California

California Consumer Privacy Act Privacy Statement (“CCPA Statement”)

This CCPA Statement is provided pursuant to the California Consumer Privacy Act (“CCPA”) and applies to California residents and supplements our overall Statement with additional disclosures and rights.

Your rights under CCPA

As of January 1 2020, California law permits residents of California to request certain details about how their personal information is shared with third-parties or affiliated companies for direct marketing purposes.