These terms are effective as of July 10, 2015.
IMPORTANT: BY USING THE SERVICE, YOU AGREE TO RESOLVE DISPUTES WITH THE OPERATOR OF AGRI360 THROUGH BINDING ARBITRATION (AND WITH VERY LIMITED EXCEPTIONS, NOT IN COURT), AND YOU WAIVE CERTAIN RIGHTS TO PARTICIPATE IN CLASS ACTIONS, AS DETAILED IN SECTIONS 19 AND 20.
The Agri360 website
Our official Agri360 mobile apps for iOS and Android
The Content, services, activity and transactions that are offered, made available or facilitated through any of the above, including the Monetization Service
Accessing or using the Service
The term "Content" includes any posts, comments, Likes, information, graphics, photos, links, audio files, videos, software, programs and other material.
The term "posting" refers to any act of submitting or sending Content to the Service, or creating Content on the Service, such as uploading a photo for your profile page.
12:00 p.m. Eastern time on the 10th day after posting to Agri360.co.za (if there is no update to the Disputes/Arbitration section) or on the 30th day (if there is an update to the Disputes/Arbitration section); or
your acceptance of them via a click-through process or some other method that we specify.
To reject a proposed update, you must, by the deadline on the day specified above, and without accepting the update, take all of the following steps:
Using your email address that we have on file for your account, send us an email to info at herdboys.co.za (with subject: Reject a proposed update), then
Click on the verification link in the automated response email we will send you, then
If we request, log into your Service account from the page that appears, and follow the steps shown there to verify and submit your rejection of the update.
If you follow the process above to reject the update, then the update will not take effect between us and you, and your account on the Service will be closed as described in section 8.
If you do not follow the process above to reject the update, then it will apply on a going-forward basis as of the date and time it takes effect.
3. Changes to the Service
We reserve the right to change and improve the features and functionality of the Service at any time and at our sole discretion. This includes adding, modifying or removing specific features and functionality of the Service. Additionally, we reserve the right to suspend or stop the Service altogether. We reserve the right to impose fees for new or existing aspects of the Service and to modify existing fees. We generally will post fee information in the FAQs or a similar location, or at the point in the Service where you are choosing whether to engage in the fee-generating activity.
4. Eligibility Restrictions
6. Affiliate Program
If you become eligible and join our Affiliate Program, you agree to and will be subject to the Affiliate Program Terms, which we may update from time to time.
7. General Requirements and Prohibitions
Comply with any policies or other requirements we post on the Service.
Provide us with only accurate information about yourself, and keep it up-to-date.
Use a unique password that never has or will be used anywhere else.
Protect the confidentiality of your password. You will be responsible for any and all statements and transactions made, and any other acts or omissions that occur, through your account.
Access our Service only from devices that have an up-to-date operating system and up-to-date security software.
Notify us of any suspected unauthorized activity, or any breach of confidentiality of your password.
You agree not to do any of the following:
Violate any applicable law or legal requirement.
Engage in fraud or misuse of the Service.
Engage in conduct that is harmful to us or another user.
Attempt to access, search or otherwise use the Service (such as by attempting to retrieve information from or about the Service) through the use of any engine, software, tool, agent, device or mechanism (including spiders, scrapers, robots, crawlers, data mining tools or the like) other than (i) generally available third-party web browsers that provide accurate and complete User-Agent information in the HTTP header, such as Safari, Firefox, Chrome and Internet Explorer and (ii) our apps.
Access our Service using anything that has been created (or modified with plugins or otherwise) in a manner that facilitates automated or faster-than-normal access to, searching of or other use of the Service.
Operate a financial service or provide financial products through the Service.
Submit content that (i) infringes, misappropriates or violates a third party’s copyright, trademark, trade secret, patent, moral rights or other intellectual property rights, rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any legal requirement; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, dishonest, obscene, sexually explicit, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) a third party might consider to be their private or confidential information (such as their credit card number, social security number, or their non-public phone number or email address).
Advertise websites or applications that infringe on the intellectual property or copyright of Agri360.
Misrepresent your relationship with us or with the Service.
Sell, transfer, license or assign your account, username, shortcode or any account rights, or offer to do so.
Stalk, bully, abuse, harass or threaten anybody.
Use the Service if you are a convicted sex offender.
Display to others, mirror or frame the Service, or any individual element within the Service, except that you may use embedding tools that we may choose to provide specifically to permit the embedding of aspects of our Service, consistent with any additional restrictions we impose for the use of such tools;
Alter the way that an aspect of the Service is displayed or delivered to other users.
Access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of us or our providers;
Attempt to access our API without first obtaining our permission and agreeing to our API-specific terms;
Attempt to probe, scan, or test the vulnerability of the Service or breach any security or authentication measures;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Service.
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure intended to protect, limit access to or control the Service;
Disclose your password or other login credentials to third parties or permit third parties to use them or the Service on your behalf or under your account.
Permit third parties to observe your logging into the Service or to collect information about the login process.
Request, receive or use third party’s password or other access credentials.
Access the Service to determine whether a third party holds any type of account or to learn about or verify information about the account.
Disclose any of the following confidential information without our prior written consent:
all HerdBoys Marketing software, algorithms (including the optimization or manipulation of said algorithms), technology and non-public documentation relating to the Service;
the existence of, and information about, non-public beta features in the Service; and
any other information made available by HerdBoys Marketing that is marked confidential or would normally be considered confidential under the circumstances in which it is presented.
Access the Service if we have requested that you refrain from such access.
Send any unsolicited or unauthorized advertising, promotional materials, junk email, spam or other form of solicitation;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service;
Collect from the Service or use any information found on the Service about an identified or identifiable individual.
Impersonate or misrepresent your affiliation with any person or entity.
8. User Account Termination or Modification
At any time, regardless of whether your account is being closed, we reserve the right to retire your username/shortcode or assign it to a new user, in each case at any time and without prior notice to you. We may choose to exercise this right if your use of a particular username or shortcode is unlawful or violative of a third party’s trademark, or in other situations where we believe it would be appropriate to do so.
We do not claim ownership of any Content that you post on the Service.
For Content you post that is covered by intellectual property rights, like photos and videos (IP Content), you give us the following permission, subject only to your privacy settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, distribute and perform any IP Content or derivatives of it, with or without your name or username, including for advertising-related purposes (the IP License). This IP License ends when you delete your IP Content or your account unless your Content has been shared with others, and they have not deleted it. However, you agree that we are forever free to use any ideas, concepts or know-how that you provide to us.
You acknowledge and agree that HerdBoys Marketing is not responsible for the use of your Content by third parties who view your Content.
HerdBoys Marketing reserves the right to take down or delete any Content from the Service for any or no reason, without prior notice.
You agree that the Service is not a backup service and you will not rely on the Service for the purposes of backup or storage. You agree to make a secure copy of any important Content before posting it to the Service. HerdBoys Marketing will not be liable to you for any modification, suspension, or discontinuation of the Service, or the loss of any Content. You acknowledge that the Service may be subject to breaches of security, and that the submission of Content may not be secure.
You agree that HerdBoys Marketing is not responsible for, and does not endorse, Content posted within the Service. HerdBoys Marketing does not have any obligation to prescreen, monitor, edit, or remove any Content. You bear legal responsibility for your Content and for any violation by your Content of these Terms.
10. Communications Decency Act Notice
Commercially available parental control protections (such as computer hardware, software or filtering services) may assist you in limiting access to material on the Internet that is harmful to minors. Current providers of such protections include McAfee and Symantec, as well as others. Please note that we did not create these parental control tools, we have not tested or evaluated them and we do not endorse them. Any use of such tools is at your sole risk. You should not assume that these or any other third-party parental control protections will work well or at all in connection with the Service.
11. Account Security
You are solely responsible for maintaining the confidentiality of your account information, such as your username and password, and for restricting access to your computer and other devices. You accept full responsibility and liability for all activities that occur under your account or password.
The Service is supported by advertising revenue and may display advertisements and promotions. You agree that HerdBoys Marketing may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
13. Ownership of the Service and Related Rights
As between you and HerdBoys Marketing, all rights, title and interest in and to the Service, including, without limitation, patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith, are owned by or licensed to HerdBoys Marketing.
The Agri360 name and logo are trademarks of HerdBoys Marketing, and may not be copied, imitated or used, in whole or in part, without the prior written permission of HerdBoys Marketing. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of HerdBoys Marketing, and may not be copied, imitated or used, in whole or in part, without prior written permission from HerdBoys Marketing.
The Terms do not grant you any right, title or interest in any of the above.
14. Copyright Infringement
Our instructions for copyright owners and their authorized representatives to report suspected copyright infringement are available here.
16. Disclaimer of Representations and Warranties
17. Disclaimer of Liability
IN NO EVENT SHALL HERDBOYS MARKETING OR ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, INTERNAL OPERATING UNITS, AFFILIATES, SUBSIDIARIES, SUBLICENSEES, SUCCESSORS AND ASSIGNS, INDEPENDENT CONTRACTORS, AND RELATED PARTIES (COLLECTIVELY, WITH HERDBOYS MARKETING (PTY) Ltd., THE "HERDBOYS MARKETING ENTITIES") BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE SAME, OR FOR ANY BREACH OF SECURITY, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH OR VIEWED ON THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF SAME, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, REGULATION, COMMON LAW PRECEDENT OR OTHERWISE, EVEN IF THE HERDBOYS MARKETING ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM ANY HERDBOYS MARKETING ENTITY’S NEGLIGENCE OR GROSS NEGLIGENCE. ADDITIONAL DISCLAIMERS BY HERDBOYS MARKETING APPEAR WITHIN THE BODY OF THE SERVICE AND ARE INCORPORATED HEREIN BY REFERENCE. TO THE EXTENT ANY SUCH DISCLAIMERS PLACE GREATER RESTRICTIONS ON YOUR USE OF THE SERVICE OR THE MATERIAL CONTAINED THEREIN, SUCH GREATER RESTRICTIONS SHALL APPLY. Some jurisdictions restrict or do not allow the limitation of liability in contracts, and as a result the contents of this section may not apply to you. In cases where such laws apply, liability of the HerdBoys Marketing Entities shall be limited to the fullest extent permitted by law.
18. Applicable Law and Jurisdiction
19. Dispute Resolution
Johannesburg, South Africa, 2060 AND by email to info at herdboys.co.za. To the extent that HerdBoys Marketing has your contact information, it will send any such notice to you by South African registered mail and your email address. HerdBoys Marketing and you will attempt to resolve any dispute, claim, or controversy through informal negotiation within thirty (30) days from the date that any notice of dispute, claim, or controversy is sent. HerdBoys Marketing and you shall use reasonable, good faith, efforts to settle any dispute, claim, or controversy through consultation and good faith negotiations. After 30 days, HerdBoys Marketing or you may resort to the other alternatives described in this Section. Notwithstanding the foregoing, the notice and 30 day negotiation period required by this paragraph shall not apply, however, to disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Sites.
Notwithstanding the terms set out above, either Party will have the right to approach the High Court of South Africa having jurisdiction to obtain urgent relief in the form of an interdict or otherwise should the need therefore arise.
20. Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
If any court or arbitrator determines that the class/consolidated/representative action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class, consolidated, or representative basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in the High Court of South Africa, Gauteng Local Division, (Johannesburg) or High Court of South Africa (Western Cape High Court, Cape Town).