Welcome to HerdOne! The HerdOne Platform is dedicated to providing livestock and farm management tools. Through the HerdOne Platform, people add information related to livestock and farm management.

These Terms of Use sets forth the agreement between you and HerdOne. It governs your use of the products and services we offer through our website and applications (collectively the "Site" or "HerdOne Platform").

This agreement provides important information to you, including information about your obligations about your content, our limitation of liability to you, and your agreement to resolve any disputes by individual arbitration and to waive the right to participate in a class action.

Please make sure to read this agreement, because your use of the Site is consent to these terms. If you do not agree to any of the updated terms, you should stop using the HerdOne Platform.

1. Using the HerdOne Platform.

• Registration. Access to certain functionalities of the HerdOne Platform will require you to register with us. If you register with HerdOne, you agree to provide us accurate information and update it as needed for accuracy. We will treat personally identifiable information you provide as part of registration in accordance with our Privacy Policy.
• Privacy Policy. Our privacy practices are set forth in our Privacy Policy. By use of the HerdOne Platform, you agree to accept the Privacy Policy, regardless of whether you are a registered user.
• Feedback. We welcome your feedback and suggestions about how to improve the HerdOne Platform. Feel free to submit feedback at support@herdone.com. By submitting feedback in this or in any other manner to us, you agree to grant us the right, at our discretion, to use, disclose and otherwise exploit the feedback, in whole or part, without any restriction or compensation to you.

2. Your Content.

• Definition of Your Content. The HerdOne Platform enables you to post material, including without limitation photos, profile pictures, messages, and commentary. All material that you display on the HerdOne Platform will be referred to collectively as “Your Content.”
• License and Permission to Use Your Content. You hereby grant to us and our affiliates, licensees and sublicensees, without compensation to you or others, a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute Your Content, or any portion thereof, throughout the world in any format, media or distribution method (whether now known or hereafter created) for the duration of any copyright or other rights in Your Content. Such permission will be perpetual and may not be revoked for any reason, to the maximum extent permitted by law. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in Your Content. If you identify yourself by name or provide a picture or audio or video recording of yourself, you further authorize us and our affiliates, licensees and sublicensees, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now known or hereafter created) your name, voice and likeness throughout the world, and such permission will be perpetual and cannot be revoked for any reason, except as required by the applicable law. You further agree that we may use Your Content in any manner that we deem appropriate or necessary.
• Ownership. We acknowledge and agree that you, or your licensors, as applicable, retain ownership of any and all copyrights in Your Content, subject to the non-exclusive rights granted to us in the paragraph above, and that no ownership of such copyrights is transferred to us under this agreement. Further, with respect to Your Content in the form of photos, and subject to HerdOne product and user experience considerations: (a) we will use commercially reasonable efforts to maintain the attribution of such photos as submitted by you, and (b) we will not license or sublicense to third parties individual photos or collections of photos, except in each case for HerdOne Business Purposes. “HerdOne Business Purposes” means any use in connection with a HerdOne-branded or co-branded website, application, publication or service, or any use which advertises, markets or promotes the HerdOne Platform, the services or the information it contains, HerdOne, or its affiliates.
• Your Responsibilities for Your Content. By posting Your Content on the HerdOne Platform, you represent and warrant to us that you have the ownership rights, or you have obtained all needed licenses or permissions from any necessary parties, to use Your Content in this manner. This includes obtaining the right to grant us the rights to the use of Your Content in accordance with this agreement. You are in the best position to judge whether Your Content is in violation of intellectual property or personal rights of any third-party. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others in connection with Your Content. You agree to pay all royalties, fees and any other monies owed to any person by reason of Your Content.

3. Our Content and Materials.

• Definition of Our Content and Materials. All intellectual property in or related to the HerdOne Platform (specifically including, but not limited to our software, the HerdOne marks, the HerdOne logo, and HerdOne buttons, badges, and widgets, but excluding Your Content), is the property of HerdOne, its subsidiaries and affiliates or its licensors (“Our Content and Materials”).
• Our License to You. Subject to these terms of use, including the restrictions below, we grant you a limited, non-exclusive license to use and access Our Content and Materials in connection with your use of the HerdOne Platform. Except as expressly agreed to otherwise by us (such as your eligibility for creation of a Professional Profile or your entering into a vendor, seller, advertiser, Site Designer, or other agreement with us), your use of the HerdOne Platform must be limited to personal, non-commercial use. We may terminate this license at any time for any reason. Except for the rights and license granted in these terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.
• No Endorsement or Verification. Please note that the HerdOne Platform enables access to third-party content, products and services, and it offers interactions with third-parties over which we have no control. We assume no responsibility for, nor do we endorse or verify the content, offerings or conduct of third-parties (including but not limited to the products or services offered by third-parties or the descriptions of the products or services offered by third-parties). Participation or availability on the HerdOne Platform does not amount to endorsement or verification by us.
• Restrictions. Except as expressly provided in these terms, you agree not to use, modify, reproduce, distribute, sell, license, reverse engineer, decompile, or otherwise exploit Our Content and Materials without our express written permission. HerdOne’s permission to you for your use of the HerdOne Platform expressly excludes commercial use by you of any information. You expressly are prohibited from any use of data mining, robots, or similar data gathering and extraction tools in your use of the HerdOne Platform. You may view and print a reasonable number of copies of web pages located on the HerdOne Platform for your own personal use, provided that you retain all proprietary notices contained in the original materials, including attribution to HerdOne.
• Ownership. You acknowledge and agree that the HerdOne Platform and HerdOne marks will remain the property of HerdOne. The content, information and services made available on the HerdOne Platform are protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. You acknowledge that you do not acquire any ownership rights by using the HerdOne Platform.

4. Indemnification.

You agree to fully indemnify, defend, and hold the HerdOne Entities and their directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or from: (a) your breach of any part of this agreement.

Last modified as of October 16, 2017