EquestrianConnection.com Equimarket Access Agreement
Please read this Agreement carefully before accessing
EquestrianConnection.com's Equimarket. As a condition
to and in consideration of receiving and accessing
EquestrianConnection.com's Equimarket, the User
agrees to be bound by the terms of this Agreement.
Use of or access to the EquestrianConnection.com's
Equimarket shall constitute acceptance of and agreement
to be bound by this Agreement. IF YOU DO NOT WISH
TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS EquestrianConnection.com's
Equimarket. If you have any questions about this
Agreement, please contact us via e-mail at classifieds@equestrianconnection.com.
Note:
Agents, brokers, sales agents and commercial businesses
can use the paid advertising
options only. Furthermore, the Equimarket system
is not intended to be a business
directory.
EquestrianConnection.com's Equimarket Access
Agreement
THIS AGREEMENT "Agreement" is entered
into by and between EquestrianConnection.com and
any individual, corporation, association, agency,
company, or other entity who accesses or uses the
EquestrianConnection.com's Equimarket (the "User"
or "you").
EquestrianConnection.com's Equimarket, which is
provided without charge to you, is a World Wide
Web site on the Internet that is designed to allow
private individuals to post classified ads that
are viewable by any interested parties.
EquestrianConnection.com's Equimarket is owned
and operated by EquestrianConnection.com. EquestrianConnection.com's
Equimarket contains or may contain information,
communications, opinions, text, graphics, links,
electronic art, animations, audio, video, software,
photos, music, sounds and other material and data
(collectively, "Content") formatted, organized and
collected in a variety of forms that are generally
accessible to Users, including directories and databases,
and areas of EquestrianConnection.com's Equimarket
that can be modified by Users, such as posting ads,
uploading multimedia files, registering user profiles,
and creating Auto-Notify profiles ("Interactive
Areas").
1. User Rights and Responsibilities
1.1 Access to EquestrianConnection.com's
Equimarket.
You are responsible for providing all hardware,
software, telephone or other communications equipment
and/or service to connect to the Internet and access
EquestrianConnection.com's Equimarket and are responsible
for all Internet access charges, telephone charges
or other fees or charges incurred in connecting
to the Internet and accessing EquestrianConnection.com's
Equimarket.
1.2 User Conduct.
You agree to access and use EquestrianConnection.com's
Equimarket only for lawful purposes. You are solely
responsible for the knowledge of and adherence to
any and all laws, statutes, rules and regulations,
pertaining to (i) your use of EquestrianConnection.com's
Equimarket, including any Interactive Area, (ii)
the use of any networks or other services connected
to EquestrianConnection.com's Equimarket, and (iii)
the communications means by which you connect your
modem, computer, or other equipment to EquestrianConnection.com's
Equimarket. By accessing EquestrianConnection.com's
Equimarket, you agree that you will not:
(1) restrict or inhibit any other user from
using and enjoying the Interactive Features;
(2) post or transmit any unlawful, threatening,
abusive, libelous, defamatory, obscene, vulgar,
pornographic, profane, or indecent information
of any kind, including without limitation any
transmissions constituting or encouraging conduct
that would constitute a criminal offense, give
rise to civil liability or otherwise violate any
local, state, national, or international law;
(3) post or transmit any information, software,
or other material which violates or infringes
in the rights of others, including material which
is an invasion of privacy or publicity rights
or which is protected by copyright, trademark
or other proprietary right, or derivative works
with respect thereto, without first obtaining
permission from the owner or right holder.
(4) post or transmit any information, software
or other material which contains a virus or other
harmful component;
(5) alter, damage or delete any Content or other
communications that are not your own Content or
to otherwise interfere with the ability of others
to access EquestrianConnection.com's Equimarket;
(6) disrupt the normal flow of communication
in an Interactive Area;
(7) claim a relationship with or to speak for
any business, association, institution or other
organization for which you are not authorized
to claim such a relationship;
(8) violate any operating rule, policy or guideline
of your Internet access provider or online service.;
(9) abuse the Equimarket system by posting duplicate
listings;
(10) abuse the Equimarket system by deleting an existing ad and submitting the same ad again (for the same horse and/or product) within a sixty day period.
2. Intellectual Property Rights
2.1 EquestrianConnection.com's Equimarket.
(a) You acknowledge that Content on EquestrianConnection.com's
Equimarket is generally provided by EquestrianConnection.com's
Equimarket, individual contributors of Content ("Contributors"),
third party licensees, and/or other Users. You acknowledge
that EquestrianConnection.com's Equimarket permits
access to Content that is protected by copyrights,
trademarks, and other proprietary (including intellectual
property) rights ("Intellectual Property Rights"),
and that these Intellectual Property Rights are
valid and protected in all media existing now or
later developed and except as is explicitly provided
below, your use of Content shall be governed by
applicable copyright and other intellectual property
laws. You acknowledge that EquestrianConnection.com's
Equimarket owns a copyright in the "look and feel,"
i.e., the selection, coordination, arrangement and
presentation of such Content.
(b) You may not modify, copy, reproduce, transmit,
distribute, publish, create derivative works from,
display or otherwise transfer or commercially exploit
any of the Content, in whole or in part, provided,
however, that you may (i) make a reasonable number
of digital or other form of copies to permit your
computer hardware and software to access and view
the Content, (ii) print one copy of each piece of
Content, (iii) make and distribute a reasonable
number of copies of Content, in whole or in part,
in hard copy or electronic form for internal use
only. Any permitted copies of Content must reproduce
in an unmodified form any notices contained in the
Content, such as all Intellectual Property Right
notices, and an original source attribution to "EquestrianConnection.com's
Equimarket" and its URL address. You acknowledge
that EquestrianConnection.com's Equimarket, its
Contributors, and/or Users remain the owners of
the Content and that you do not acquire any Intellectual
Property Rights by downloading or printing Content.
2.2 Content Provided by User.
You may upload to any Interactive Area or otherwise
transmit, post, publish, reproduce or distribute,
on or through EquestrianConnection.com's Equimarket
only Content that is not subject to any Intellectual
Property Rights, or Content in which any holder
of Intellectual Property Rights has given express
authorization for distribution over the Internet
and on EquestrianConnection.com's Equimarket, without
restriction whatsoever. Any Content submitted with
the consent of a copyright owner other than you
should contain a phrase such as "Copyright owned
by [name of owner]; Used by Permission." By submitting
Content to any Interactive Area, you automatically
grant and/or warrant that the owner of such Content,
whether it be You or a third party, has expressly
granted to EquestrianConnection.com's Equimarket
the royalty-free, perpetual, irrevocable, non-exclusive,
unrestricted, worldwide right and license to use,
reproduce, modify, adapt, publish, translate, create
derivative works from, sublicense, distribute, perform,
and display such Content, in whole or in part, worldwide
and/or to incorporate it in other works in any form,
media, or technology now known or later developed
for the full term of any Intellectual Property Rights
that may exist in such Content. You also permit
EquestrianConnection.com's Equimarket to sublicense
to third parties the unrestricted right to exercise
any of the foregoing rights granted with respect
to such Content. You also permit any User to access,
view, store and reproduce the Content for personal
use.
3. Interactive Areas
You acknowledge that EquestrianConnection.com's
Equimarket may include various interactive areas
("Interactive Areas"), including but not limited
to classified ads. These Interactive Areas allow
feedback to EquestrianConnection.com's Equimarket
and real-time interaction between users. You further
understand that EquestrianConnection.com's Equimarket
does not control the messages, information, or files
delivered to such Interactive Areas and that EquestrianConnection.com's
Equimarket may offer you and other Users the capability
of creating and managing an Interactive Area. However,
neither EquestrianConnection.com's Equimarket, its
subsidiary and parent companies, or affiliates,
nor their respective directors, officers, employees
and agents are responsible for Content within any
Interactive Area. Your use and/or management of
an Interactive Area will be governed by this Agreement
and any additional rules or operating procedures
of any Interactive Area established by you or another
User, as applicable. You recognize that EquestrianConnection.com's
Equimarket cannot, and does not intend to, screen
communications in advance. Moreover, because EquestrianConnection.com's
Equimarket encourages open and candid communication
in the Interactive Areas, EquestrianConnection.com's
Equimarket cannot determine in advance the accuracy
or conformance to this Agreement of any Content
transmitted in an Interactive Area. EquestrianConnection.com's
Equimarket is not responsible for screening, policing,
editing, reviewing or monitoring any Content in
an Interactive Area. Notwithstanding the above,
you agree that EquestrianConnection.com's Equimarket
has the right to monitor any Interactive Area, from
time to time and to disclose any information as
necessary to satisfy any law, regulation or other
governmental request, to operate the Interactive
Area, or to protect itself or other Users. If notified
of Content that is alleged not to conform to this
Agreement, EquestrianConnection.com's Equimarket
may investigate the allegation and determine in
its sole discretion whether to remove or request
the User to remove such Content. EquestrianConnection.com's
Equimarket reserves the right to prohibit conduct,
communication or Content within an Interactive Area,
or to edit, refuse to post, or to remove any Content,
in whole or in part, which it deems in its sole
discretion to (i) violate the then-standard provisions
of this Agreement or any other standard, written
$classifieds_name policy in effect at that time,
(ii) be harmful to the rights of any User, EquestrianConnection.com's
Equimarket, or other third parties, (iii) violate
applicable law, or (iv) be otherwise objectionable.
4. Termination
The only right with respect to dissatisfaction
with any policies, guidelines, or practices of EquestrianConnection.com's
Equimarket in operating EquestrianConnection.com's
Equimarket, or any change in Content, is for you
to discontinue accessing EquestrianConnection.com's
Equimarket. EquestrianConnection.com's Equimarket
may terminate or temporarily suspend your access
to all or any part of EquestrianConnection.com's
Equimarket, without notice, for conduct that EquestrianConnection.com's
Equimarket believes is a violation of this Agreement
or any policies or guidelines posted by EquestrianConnection.com's
Equimarket, or for other conduct which EquestrianConnection.com's
Equimarket believes, in its sole discretion, is
harmful to EquestrianConnection.com's Equimarket
or other Users. EquestrianConnection.com's Equimarket
may discontinue operating EquestrianConnection.com's
Equimarket and terminate this Agreement without
notice at any time for any reason in its sole discretion.
In the event of termination, you are no longer authorized
to access EquestrianConnection.com's Equimarket,
including the Interactive Areas, and the restrictions
imposed on you with respect to Content downloaded
from EquestrianConnection.com's Equimarket, as well
as the disclaimers and limitations of liabilities
set forth in this agreement, shall survive.
5. Links; Disclaimers Of Warranties; Limitations
of Liability
5.1 Links.
You understand that except for Content, products
or services expressly available at EquestrianConnection.com's
Equimarket, neither EquestrianConnection.com's Equimarket,
its subsidiary and parent companies, or affiliates,
or their respective directors, officers, employees,
and agents controls, provides, or is responsible
for any Content, goods or services available through
sites on the Internet linked to or from EquestrianConnection.com's
Equimarket. All such Content, goods and services
are made accessible on the Internet by independent
third parties and are not part of EquestrianConnection.com's
Equimarket or controlled by EquestrianConnection.com's
Equimarket. EquestrianConnection.com's Equimarket
neither endorses nor is responsible for the accuracy,
completeness, usefulness, quality or availability
of any Content, goods or services available on any
site linked to or from EquestrianConnection.com's
Equimarket, which are the sole responsibility of
such independent third parties, and your use thereof
is solely at your own risk. Neither EquestrianConnection.com's
Equimarket, its subsidiary and parent companies,
or affiliates, or their respective directors, officers,
employees, and agents shall be held responsible
or liable, directly or indirectly, for any loss
or damage caused or alleged to have been caused
by your use of or reliance on any Content, goods
or services available on any site linked to or from
EquestrianConnection.com's Equimarket or your inability
to access the Internet or any site linked to or
from EquestrianConnection.com's Equimarket.
5.2 Disclaimer of Warranties.
Please use your best judgment in evaluating all
information contained or opinions expressed on EquestrianConnection.com's
Equimarket. It is the policy of EquestrianConnection.com's
Equimarket not to endorse or oppose any opinion
expressed by a User or Content provided by a User,
Contributor, or other independent party. YOU
EXPRESSLY AGREE THAT YOUR USE OF EquestrianConnection.com's
Equimarket IS AT YOUR SOLE RISK. NEITHER EquestrianConnection.com's
Equimarket NOR ANY OF ITS SUBSIDIARY AND PARENT
COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS,
OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES,
LICENSORS OR OTHER SUPPLIERS PROVIDING CONTENT,
DATA, INFORMATION OR SERVICES WARRANTS THAT EquestrianConnection.com's
Equimarket OR ANY INTERNET SITE LINKED TO OR FROM
EquestrianConnection.com's Equimarket WILL BE UNINTERRUPTED
OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR
THAT THIS SITE, INCLUDING THE INTERACTIVE AREAS,
OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. NOR DO ANY
OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF EquestrianConnection.com's
Equimarket OR ANY INTERNET SITE LINKED TO OR FROM
EquestrianConnection.com's Equimarket OR AS TO THE
TIMELINESS, SEQUENCE, ACCURACY, AUTHORITY, COMPLETENESS,
USEFULNESS, NONINFRINGEMENT, RELIABILITY, AVAILABILITY,
OR SUBSTANCE OF ANY CONTENT, INFORMATION, SERVICE,
OR TRANSACTION PROVIDED THROUGH EquestrianConnection.com's
Equimarket OR ANY SITE LINKED TO OR FROM EquestrianConnection.com's
EquimarketE. EquestrianConnection.com's Equimarket
IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS,
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
5.3 Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL EquestrianConnection.com's
Equimarket, ITS SUBSIDIARY AND PARENT COMPANIES,
OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS,
EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE
LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES UNDER OR ARISING FROM THIS AGREEMENT, EquestrianConnection.com's
Equimarket, OR ANY INTERNET SITE LINKED TO OR FROM
EquestrianConnection.com's Equimarket, WHETHER FOR
BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE,
OR UNDER ANY OTHER CAUSE OF ACTION, INCLUDING WITHOUT
LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR
ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, ELECTRICAL SURGE/DAMAGE/INTERFERENCE,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, BREAKDOWN
OF EQUIPMENT, SOFTWARE ERROR, INFRINGEMENT, UNAUTHORIZED
ACCESS TO, OR THEFT, DESTRUCTION, ALTERATION, OR
USE OF, RECORDS.
UNDER NO CIRCUMSTANCES SHALL EquestrianConnection.com's
Equimarket, ITS SUBSIDIARY AND PARENT COMPANIES,
OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS,
EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE
LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DECISION
MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE CONTENT
CONTAINED WITHIN EquestrianConnection.com's Equimarket
OR THE CONTENT CONTAINED WITHIN ANY INTERNET SITE
LINKED TO OR FROM EquestrianConnection.com's Equimarket.
THE CONTENT WITHIN EquestrianConnection.com's Equimarket
AND THE CONTENT WITHIN INTERNET SITES LINKED TO
OR FROM EquestrianConnection.com's Equimarket MAY
INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE CONTENT
HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW
VERSIONS OF EquestrianConnection.com's Equimarket
AND SPECIFICALLY ARE INCLUDED IN THIS SECTION AGREEMENT.
EquestrianConnection.com's Equimarket AND ITS CONTRIBUTORS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT
AT ANY TIME AND FROM TIME TO TIME.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE
THAT EquestrianConnection.com's Equimarket IS NOT
LIABLE FOR ANY DEFAMATORY, OFFENSIVE, FRAUDULENT,
OR OTHERWISE ILLEGAL CONDUCT OF ANY USER. IF YOU
ARE DISSATISFIED WITH ANY $classifieds_name SITE
CONTENT, OR WITH THE ACCESS AGREEMENT OF EquestrianConnection.com's
Equimarket, IN WHOLE OR IN PART, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING EquestrianConnection.com's
Equimarket.
6. Indemnity
You agree to indemnify and hold EquestrianConnection.com's
Equimarket, its parent or subsidiary companies and
their affiliates, and their respective directors,
officers, employees, and agents from any and all
liabilities, claims and expenses, including reasonable
attorneys fees, arising from breach of this Agreement,
any other policy, your use or access of EquestrianConnection.com's
Equimarket or any Internet site linked to or from
EquestrianConnection.com's Equimarket, or in connection
with the transmission of any Content on EquestrianConnection.com's
Equimarket.
7. Miscellaneous
This Agreement comprises the entire agreement between
EquestrianConnection.com's Equimarket and you, and
supersedes any prior agreements with respect to
the subject matter herein. EquestrianConnection.com's
Equimarket may revise this Agreement or any other
policy at any time and from time to time, and such
revision shall be effective two (2) days upon posting
notice of such revision prominently on EquestrianConnection.com's
Equimarket. You agree to review this Agreement periodically
to be aware of such revisions. If any such revision
is unacceptable to you, you must discontinue accessing
EquestrianConnection.com's Equimarket. Your continued
accessing and use of EquestrianConnection.com's
Equimarket following notice of any such revision
shall conclusively be deemed acceptance of all such
revisions. The provisions of Sections 1.2, 2.1,
2.2, 5.1, 5.2, 5.3, 6 and 7 shall survive the termination
or expiration of this Agreement. If any provision
of this Agreement or any other policy be held invalid
or unenforceable, that portion shall be construed
in accordance with applicable law as nearly as possible
to reflect the original intention of the parties
and the remaining portions will continue in full
force and effect. The failure of EquestrianConnection.com's
Equimarket to insist upon or enforce strict performance
of any provision of this Agreement shall not be
construed as a waiver of any provision or right.
This Agreement shall be governed by the laws of
the state or province of domicile of EquestrianConnection.com's
Equimarket, excluding its conflict of laws rules,
and you and EquestrianConnection.com's Equimarket
each submit to the exclusive jurisdiction of the
courts of that state or province. This Agreement
is personal to you and you may not assign your rights
or obligations thereunder to anyone. All logos,
brand names, products, trademarks and service marks
appearing herein may be the trademarks or service
marks of their respective owners. References to
any trademark, service mark and links to or from
EquestrianConnection.com's Equimarket have been
done strictly for clarification and identification
and does not constitute endorsement by EquestrianConnection.com's
Equimarket of the products, services or information
offered by the owner of such trademark, service
mark or link or endorsement of EquestrianConnection.com's
Equimarket by such trademark, service mark or link
owner.
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