In order to utilize the Wishmay website (the “Website”) and the services, information, and/or other works that we provide, including any mobile/web applications (the "Services"), you must agree to these Terms and Conditions (the “Terms”). Because the Terms form a legally binding agreement between you and LivestockCity, Inc. (doing business as ”Wishmay” and hereinafter referred to as “Wishmay”) with respect to your use of the Website and/or the Services, please read it carefully.
You agree that accessing or using the Services (whether online, telephonically, or otherwise) or using the Website constitutes your agreement to the Terms. If you do not agree to the Terms, you may not use the Website and/or the Services. If these Terms are inconsistent with the terms of service on any mobile applications, the service terms that are specifically applicable to a mobile application will control.
Wishmay reserves the right to change, add or remove portions of the Terms at any time, which shall become effective immediately upon posting. It is your responsibility to review the Terms prior to each use of the Website or the Services, and by continuing to use the Website or the Services, you agree to any changes. We may change, suspend or discontinue any aspect of the Services at any time, including the availability of any Services feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Website or the Services without notice or liability.
Use of Website and Services
Subject to your compliance with these Terms and your payment of any applicable fees, Wishmay grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Website and the Services subject to the Terms. You may use the Services, the Website, and the information, images, audio data and/or other works that you see, hear or otherwise experience on the Website (the “Content”) solely for your non-commercial, personal purposes and/or to learn about Wishmay and its products and services. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Wishmay.com or its licensors, suppliers, publishers, rights holders, or other content providers.
Wishmay reserves complete title and full intellectual property rights in all Services and Content. You may not misuse the Wishmay Services. You may use the Wishmay Services only as permitted by law. The licenses granted by Wishmay terminate if you do not comply with these Conditions of Use or any Service Terms.
By using the Services, Website and/or Content you represent and warrant that: (i) you are 18 years old or older; (ii) if you register or provide information, you are using your actual identity and that any information you provide to us is accurate and complete, and (iii) your use of Services, Website and/or Content will not violate any local, state, national, or international laws or regulations that apply to you. You also understand and agree that any actual or attempted unauthorized use of the Services, Website and/or Content may result in criminal and/or civil prosecution. In order to protect the Services, Website and/or Content’s users, our customers and our systems, we reserve the right to view, monitor, and record activity on the Website without notice or permission from you or any third party, and to permit law enforcement organizations to do the same. Any information collected by us may be provided to law enforcement organizations in connection with investigation or prosecution of unlawful activity involving the Services, Website and/or Content. We may also comply with any court orders involving requests for such information.
Restrictions on Use of Website and Services
Except as expressly authorized by the Terms, you may not: (i) use, alter, copy, modify, distribute, redistribute, display, sublicense, rent, publish, sell, assign, lease, market, transfer, transmit, or derive another work from the Website or any Content, except as expressly permitted by the Terms; or (ii) delete, obscure, or in any manner alter any warning, notice (including but not limited to any copyright or other proprietary rights notice), or link that appears in the Content or in the Services. You may not, and may not authorize or aid anyone else to, use the Content for any purpose that is unlawful, unethical or prohibited by these Terms.
If you use the Website and/or Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. To the extent that Wishmay sells products that may be used by children, it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Services only with the involvement of a parent or guardian. Wishmay reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Use of Restricted Areas on the Website
Some portions of the Website and Services are restricted and require a password for access ("Restricted Areas"), including but not limited to buyer and seller accounts. Unauthorized use of, or access to, Restricted Areas is prohibited. Actual or attempted unauthorized use of or access to Restricted Areas may result in criminal and/or civil prosecution. Access to Restricted Areas may be monitored, analyzed and recorded and any information obtained regarding actual or suspected unauthorized access may be given to law enforcement to investigate and prosecute.
IF YOU ARE AN AUTHORIZED USER OF ANY RESTRICTED AREA, DO NOT SHARE YOUR PASSWORD WITH ANYONE. Your authorization to access the Restricted Areas is limited to those specific Restricted Areas for which you are granted access by us; access to any other Restricted Areas will be deemed unauthorized access. If you suspect that your password has been compromised in any way, change your password immediately. When you select a password and register on the Website, you agree to the following conditions:
Wishmay is authorized to act on instructions received under your password without any requirement to question those instructions;
LivestockCity (doing business as Wishmay) is not liable for any unauthorized access to your personal information that is not directly due to the gross negligence or willful misconduct of LivestockCity;
Your password contains sensitive information and you will keep it confidential and secret;
You will notify Wishmay immediately if you believe anyone else has learned your password or if you believe an unauthorized access to Wishmay or your personal information has occurred or may occur;
Wishmay may deny access or block any transaction made under your password without prior notice if we believe your password is being used by someone other than you, or if any unauthorized access to your personal information has occurred or may occur, or for any other reason, but we are under no obligation to do so.
We reserve the right to suspend access to any Restricted Area at any time.
Submissions and Materials Posted by You
If you submit or make available any materials, images, text, video, audio, information, works or any other content (collectively, "User Materials") on or through the Website or the Services, you thereby grant Wishmay a worldwide, royalty-free, perpetual, irrevocable, nonexclusive right and license (including the right to sublicense) to display, distribute, publish, reproduce, disseminate, transmit, use, create derivative works from, or act upon such User Materials, through the Website (in the case of User Materials that you post to your storage area, by allowing authorized parties to access such area), without any additional approval or consideration of any kind, using any format, media, or technology now known or later developed or invented.
By submitting or making available any User Materials you represent and warrant that: (i) the User Materials are not pornographic, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, libelous, vulgar, obscene, invasive of another's privacy or right of publicity, inappropriate or otherwise objectionable; (ii) you have the right to make the User Materials available on the Website; (iii) the User Materials do not infringe, misappropriate or otherwise violate any third party rights; (iv) you will not, and will not attempt to, forge headers, manipulate identifiers or otherwise disguise the origins of any User Materials; (v) the content is accurate; (vi) you will indemnify Wishmay for all claims resulting from Content supplied by you; and (vii) the User Materials do not contain any viruses or any other computer code, designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or capture any data.
The determination of what is inappropriate for availability on the Website is solely within the discretion of Wishmay. We have the right, but not the obligation, to remove any materials, including without limitation any User Materials, from your account and the Website. By allowing User Material to be available on the Website, Wishmay does not in any way promise, warrant or guarantee that the User Materials will remain available to you or that you will qualify for any services we offer.
User Information and Termination Rights
We reserve the right to terminate your right to use the Website, Services, and/or Content at any time, with or without cause, and may use technological and legal means to prevent such access. Without limiting the foregoing, we may also terminate your rights under these Terms in the event that you breach any term or condition of these Terms.
You acknowledge and agree that we may access, store and disclose your account information and any User Materials if required to do so by law or in a good faith belief that such access, storage or disclosure is reasonably necessary to: (i) comply with legal requirements; (ii) protect the rights, property or safety of Wishmay, our users and customers, or the public; or (iii) respond to any claims with respect to User Materials, enforce these Terms.
When you use any Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The Website, Services and Content are protected by U.S. and/or foreign copyright laws, and belong to LivestockCity or its partners, affiliates, contributors or third parties. The copyrights in the Services and Content are owned by LivestockCity or other copyright owners who have authorized their use in the Services. You may download and reprint elements of the Services or Content for non-commercial, non-public, personal use only.
You are prohibited from using any of the marks or logos appearing on the Website without permission from the trademark owner, except as permitted by applicable law. Furthermore, graphics, visual elements, logos, and service names included in or made available through the Website or Services are trademarks or trade dress of Wishmay in the U.S. and other countries. Wishmay's trademarks and trade dress may not be used in connection with any product or service that is not Wishmay's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Wishmay. All other trademarks not owned by Wishmay that appear in the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Wishmay.
PRODUCT SALES ON THE WISHMAY PLATFORM
Wishmay may allow users to sell products directly to you through the Website or Services. In describing those products and services, Wishmay expects users to be as accurate as possible. However, Wishmay does not warrant that product descriptions or other content of any Service is accurate, complete, reliable, current, or error-free. If a product offered by one user to another is not as described, you are expected to first try to resolve the issue with the seller. If there is no resolution between buyer and seller, buyer may contact Wishmay or Stripe for limited options. Transactions of Services for the intent to buy or sell items posted on Wismay must occur on the Wishmay site. Attempts or evidence of circumventing Services to avoid selling fees could result in billing of fees to seller and/or termination of users' accounts. Wishmay reserves the right to check for abuse of Services by monitoring its internal messaging system.
RISK OF LOSS
All items purchased directly from the Wishmay platform are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to the Buyer upon Seller’s delivery to the carrier.
Parties other than Wishmay may sell products and items. Collectively these parties, businesses, and individuals may be referred to herein as “Merchants.” We are not responsible for examining or evaluating, and we do not warrant the offerings of, any Merchants or the content of their websites. Wishmay does not assume any responsibility or liability for the actions (including, without limitation, actions regarding sales, transactions, charges, pricing, shipping, and refunds), product, and content of Merchants and any other third parties. You should carefully review their privacy statements and other conditions of use. All purchases are at your own risk.
Wishmay is not the agent for any Merchant and is involved only as a channel of communications in any transaction between you and any Merchant. In addition to the terms set forth in this User Agreement, the listing item(s) for Merchants may include additional warranty terms, shipping terms and other terms applicable to such sale made by such Merchant (“Merchant Terms”). You agree that the Merchant Terms represent a contract between you and the Merchant and will govern any sale or other transaction between you and the Merchant with respect to such transaction. To the extent that the Merchant Terms contain any guaranties, warranties or other provisions in addition to or inconsistent with this User Agreement, such Merchant Terms shall supersede the User Agreement solely as between you and the Merchant. Such Merchant Terms shall in no way modify the User Agreement between you and Wishmay. Wishmay is not subject to or bound by any Merchant Terms.
You release Wishmay and our agents and employees from losses, expenses, claims, demands and damages, actual and consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with or arising from: (1) any dispute you may have with any seller, buyer or other party associated with a sales transaction through Wishmay, and (2) any use or disclosure of all or any of your information to any third party by any seller, buyer or other party associated with a sales transaction through Wishmay.
It is the buyer's responsibility, and it is not the responsibility of Wishmay, to have knowledge of, obey, or comply with any applicable federal, state or local laws and regulations regarding use, misuse, handling, storage, purchasing, possession, transportation, or ownership of the items sold via Wishmay’s marketplace. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Notice for Claims of Intellectual Property Violations and Agent for Notice
If you believe that any material on the Website infringes or otherwise violates your intellectual property rights, please provide a notice (the "Notice") to our Intellectual Property Claims Agent with the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property right;
2. A detailed and specific description of the work or other intellectual property that you claim is being infringed or violated;
3. A description of where the material that you claim is infringing is located on the Website, with sufficient specificity to allow us to find it;
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
6. A statement by you, made under penalty of perjury, that the information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on behalf of the owner.
Our Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Wishmay, P.O. Box 56, Mount Solon, VA 22843
Please note that attachments cannot and will not be accepted. Any Notice submitted electronically with an attachment will not be received or processed.
Wishmay does not guarantee or warrant that files available for downloading through the Website will be free of infection by software viruses or other harmful computer code, files or programs.
Any software available for download via the Website is the copyrighted work of Wishmay and/or its licensors. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement.
Disclaimer of Warranties
THE WEBSITE, SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE, SERVICES, AND CONTENTS IS AT YOUR SOLE RISK. WISHMAY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE, AND WISHMAY SHALL HAVE NO LIABILITY OR RESPONSIBILITY THEREFOR. WISHMAY DOES NOT WARRANT THAT THE WEBSITE, SERVICES AND/OR CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE WEBSITE, SERVICES AND/OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN IN THE WEBSITE, SERVICES, AND CONTENT WILL BE CORRECTED.
FURTHERMORE, WISHMAY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE, SERVICES, AND CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY WISHMAY OR AN AUTHORIZED REPRESENTATIVE OF WISHMAY SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WISHMAY BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE WEBSITE, SERVICES, AND CONTENT, (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE, SERVICES, AND CONTENT, OR (III) ANY OTHER MATTER RELATING TO THE WEBSITE, SERVICES, OR CONTENT, EVEN IF Wishmay HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE, SERVICES, OR CONTENT, OR WITH THE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE, SERVICES, AND CONTENT. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, WISHMAY’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU INDEMNIFY, DEFEND, HOLD HARMLESS, AND AGREE TO KEEP WISHMAY INDEMNIFIED AT ALL TIMES FROM AND AGAINST ANY LIABILITY, CLAIMS, DEMANDS, LOSSES, DAMAGES, COSTS AND EXPENSES DUE TO OR RESULTING FROM information or Content provided by you; your use of the Website or Services; The use of the Website or Services by any person who uses the Website or Services while logged on under your user name and password; Your default under any TERMS OR provision in the User Agreement; and the claim of any violation, or the violation of any laws, regulations or of any rights of a third party.
No agency, fiduciary, partnership, joint venture, employee–employer or franchiser-franchisee relationship is intended or created by the Terms.
The Terms shall be governed by and construed in accordance with the laws of the United States and the Commonwealth of Virginia, as applied to agreements executed by Virginia residents and performed solely within the Commonwealth of Virginia, except for those laws relating to conflicts of laws. The parties hereby submit to the jurisdiction of, and waive any venue objections against, the Federal, State, and municipal courts in Harrisonburg, Virginia in any litigation arising out of the Agreement. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this Agreement will remain in full force and effect. This Agreement constitutes the entire agreement between the parties concerning the subject matter. No waiver by Wishmay of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. You represent and warrant that you have full power and authority to agree to the Terms and that the Terms are binding upon you.