Equestrian Connect Terms of Service and Policies
Terms of Service
Terms of Serviceeffective December 1, 2018
PLEASE READ THESE TERMS OF SERVICE ("TERMS" OR "AGREEMENT") CAREFULLY BEFORE USING THE SERVICES OFFERED BY EQUESTRIAN CONNECT, LLC ("COMPANY"). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR USE BY YOU ("SUBSCRIBER" OR "YOU") OF THE VARIOUS WEBSITES OWNED AND OPERATED BY COMPANY, INCLUDING, WITHOUT LIMITATION, THE WWW.EQUESTRIANCONNECT.COM WEBSITE AND DOMAIN NAME ("SITE"), AND ANY OTHER FEATURES, CONTENT, OR APPLICATIONS OFFERED FROM TIME TO TIME BY THE COMPANY IN CONNECTION THEREWITH (COLLECTIVELY "SERVICE"). BY USING THE SITES OR SERVICE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING THE SITES, YOU AGREE TO BE BOUND BY THIS AGREEMENT. THIS AGREEMENT APPLIES TO ALL USERS OF THE SITES OR SERVICE, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR SERVICES ON THE SITES. IF YOU USE THE SITES OR SERVICES IN ANY MANNER ON BEHALF OF ANOTHER PERSON OR ENTITY, YOU HEREBY REPRESENT AND WARRANT THAT YOU HAVE ALL NECESSARY RIGHTS AND PERMISSIONS TO DO SO.
The Services are offered subject to the following Terms, Company's Privacy Policy and the FAQs found on the website, each of which is hereby incorporated into these Terms by this reference and as each may be modified from time to time by Company.
1. ACCESS TO THE SERVICES.
Subject to the terms and conditions of this Agreement, Company provides the Services and the Content (as defined below) solely for Subscriber's own use, and not for the use or benefit of any third party and only for lawful, personal, and non-commercial purposes. Services shall include, but not be limited to, any services Company performs for Subscriber, as well as any Content on the Site. Company may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or Content. Company may also impose limits on certain features and services or restrict Subscriber's access to parts or all of the Services without notice or liability. Company reserves the right, at its discretion, to modify these Terms at any time by posting a notice on the Site, or by sending Subscriber a notice via email or postal mail. Subscriber shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by Subscriber following such notification constitutes Subscriber's acceptance of the terms and conditions of these Terms as modified.
The Service is available only to individuals who are at least 13 years old. You represent and warrant that if you are an individual, you are (i) at least 18 years old or (ii) if you are between the ages of 13 and 18, you have parental permission to enter into these Terms and to use the Service. You further represent and warrant that all registration information You submit will be accurate and truthful, that You are legally permitted to use the Services and access the Site, and your use of the Site will comply with all applicable laws.
2. REGISTRATION AND SECURITY. As a condition to using Services, Subscriber may be required to register with Company and select a password and Subscriber name ("Company User ID"). Subscriber shall provide Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of Subscriber's account. Subscriber may not (i) select or use as a Company User ID a name of another person with the intent to impersonate that person; or (ii) use as a Company User ID a name subject to any rights of a person other than Subscriber without appropriate authorization. Company reserves the right to refuse registration of, or cancel a Company User ID in its discretion. Subscriber shall be responsible for maintaining the confidentiality of Subscriber's Company password. By registering at this site you agree not to post any messages that are obscene, vulgar, slanderous, hateful, threatening, or that violate any laws. We will permanently ban all users who do so. We reserve the right to remove, edit, or move any messages for any reason.
3. FEES AND PAYMENT. Some of the Services require payment of fees. For example, certain of the Services allow Subscriber to automatically register horses for horse show events ("Events"), by paying either an annual fee or a fee for each Event. Subscriber shall pay all applicable fees, as set forth on the Site in connection with the Services selected by Subscriber on an order form or otherwise on the Site. Company reserves the right to change its price list and to institute new charges at any time, upon ten (10) days prior notice to Subscriber, which notice may be sent by email or posted on the Site; provided that if Subscriber has purchased a term-based subscription to the Services, such new charges and fees shall only apply at the end of Subscriber's then-current subscription term (if applicable). Use of the Services by Subscriber following such notification constitutes Subscriber's acceptance of any new or increased charges. All fees paid hereunder are nonrefundable. If Subscriber has selected a term-based subscription for the Services with respect to a specific horse, Subscriber may replace such horse with a different horse; provided that (1) the Services shall no longer be available with respect to the original horse (unless additional Services are selected by Subscriber), and (2) Subscriber may make such a replacement no more than once during such term-based Subscription.
4. SITE CONTENT.
The Site and its contents are intended solely for the use of Company subscribers and may only be used in accordance with the terms of this Agreement. All materials displayed, performed or provided or otherwise made accessible on the Site (including, but not limited to advertisements, suggestions, written forum comments, information, data, software, scripts, text, graphics, news articles, photographs, images, illustrations, audio clips and video clips, and interactive features also known as the "Content") are protected by copyright. Subscriber shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.
The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Subscriber may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this Section of the Terms), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
Subscriber may download or copy the Content, and other items displayed on the Site for download, for personal use only, provided that Subscriber maintains all copyright and other notices contained in such Content. Subscriber shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from Company, or from the copyright holder identified in such Content's copyright notice.
Subscriber acknowledges and agrees that if Subscriber uses any of the Services to contribute any content to the Site ("User Submissions"), Subscriber hereby grants to Company a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, publish, perform, and otherwise fully exploit ("Use") the User Submissions in any manner in connection with the Site, the Service and Company's (and its successors and assigns) business. You also hereby do and shall grant each user of the Site and/or the Service a non-exclusive license to access your User Submissions through the Site and the Service, and to Use such User Submissions as permitted through the functionality of the Site and the Service. For clarity, the foregoing license grant to Company does not affect your ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing. You understand that Company shall have the right to reformat, excerpt, or translate any of your User Submissions. You represent and warrant (and will promptly demonstrate to Company's satisfaction upon request): that you own or otherwise control all rights to Use such User Submissions and that disclosure and Use of such User Submissions by Company (including without limitation, publishing content on or at the Sites) will not infringe or violate any rights of any third party; and that You are authorized to grant all of the aforementioned rights to the User Submissions to Company and all users of the Service.
Company reserves the right to remove any Content from the Site at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Company is concerned that Subscriber may have breached the immediately preceding sentence), or for no reason at all. Notwithstanding the foregoing, Company assumes no responsibility for monitoring the Site or Content for inappropriate conduct, or modifying or removing such conduct or Content from the Site.
You are hereby granted a limited revocable license to post content from your user profile on the site ("Shared Content") on your own personal web site or on a third party web site that permits posting of content at the direction of users provided that such web site (i) is not commercially competitive to Company, (ii) does not criticize or injure Company, (iii) does not obtain any rights to such content other than a non-exclusive license to post it at your direction, and (iv) does not charge for access to such content or products, services or advertising associated with such content, so long as the web site where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene, illegal/unlawful or otherwise objectionable information, topic, name or other material (an "Authorized Web Site"). You agree to include, and not remove or alter, Company's trademark, copyright or other proprietary rights notices, as provided by Company on the Service and within e-mail page(s), when displaying posting any Shared Content, and you agree to comply with any associated usage guidelines that may be provided by Company from time to time. You agree that all goodwill that arises in connection with your use of Company's trademarks inures exclusively to Company, and you agree not to challenge Company's ownership or control of any such trademarks, nor use or adopt any trademarks that might be confusingly similar to such trademarks.
5. THIRD PARTY SITES.
The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Sites. When you access third party websites, you do so at your own risk. These other websites are not under Company's control, and you acknowledge that Company is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Company or any association with its operators. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
6. RESTRICTIONS.
In addition to the other restrictions posted on the Site, Subscriber agrees not to (and not to allow any third party to) upload, download, post, submit or otherwise distribute or facilitate distribution of any User Submissions that: (a) infringes or violates any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity, (b) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane, (c) promotes violence or describes how to perform any violent act, (d) reveals any personal information about another individual that may be used to track, contact or impersonate that individual, (e) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming"), (f) involves commercial activities and/or sales without Company's prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes, (g) impersonates any person or entity, including any employee or representative of Company, (h) create user accounts by automated means or under false pretenses or mislead others as to the origins of your communications or (i) upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware," "passive collection mechanisms" or "pcms").
Subscriber is responsible for all of its activity in connection with the Services and accessing the Site. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of Subscriber's right to Services or to access the Site. Subscriber may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Company user.
Subscriber cannot sell the Service or any part thereof (including but not limited to user accounts) or access to them in exchange for real currency or items of monetary value.
Subscriber cannot use the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including any that is deemed threatening or obscene by Company in its sole discretion, disguise the source of its User Submissions or other information Subscriber submits to the Site or otherwise anonymize Subscriber's internet protocol address, or engage in any kind of illegal activity is expressly prohibited. Subscriber will not run Maillist, Listserv, any form of auto-responder, or "spam" on the Site, or any processes that run or are activated while the Subscriber is not logged in.
Subscriber cannot reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) from the Site or any software or other products or processes accessible through the Service. Additionally, Subscriber cannot upload to, use or expose the Site in any manner to any software viruses, Trojan horses, worms, bombs, spiders, robots, cheat utilities, scrapers or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
Subscriber may not otherwise violate these Terms or any other requirements or restrictions posted by Company on the Services. Subscriber may not violate any applicable laws or disparage, tarnish or otherwise harm, in Company's sole discretion, Company and/or the Service.
7. DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE
We do not permit copyright infringing activities and infringement of intellectual property rights on our Site. Company may remove Content and/or terminate a Subscriber's account for submitting materials in violation of these Terms of Use at any time, without prior notice and at our sole discretion.
If you believe that any Content or other content infringes upon your copyrights, please submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Company's designated Copyright Agent to receive notifications of claimed infringement is:
Gunderson Dettmer
1200 Seaport Boulevard
Redwood City, CA 94062
650-321-2400
650-321-2800 fax
Attn.: Colin D. Chapman
cchapman@gunder.com
Please direct any complaints unrelated to the potential infringement of intellectual property rights to info@equestrianconnect.com
Once proper bona fide infringement notification is received by the Copyright Agent:
It is Company's policy:
(i) to remove or disable access to the infringing Content;
(ii) to notify the Content provider, member or user that it has removed or disabled access to the Content; and
(iii) that repeat offenders will have the infringing Content removed from the system and that Company will terminate such content provider's, member's or user's access to the service.
8. WARRANTY DISCLAIMER. Company has no special relationship with or fiduciary duty to Subscriber. Subscriber acknowledges that Company has no control over, and no duty to take any action regarding: (i) any issue relating to any horse that Subscriber has registered with the Services or the Site, including Subscriber's or any horse's inability to participate in any Event (as defined below) for which Subscriber has registered; (ii) any cancellation or other issues relating to any Event, whether related to weather or otherwise, or whether occurring before, during or after any Event; (iii) any loss of an Event entry form or application by an Event organizer; (iv) any late fee or other charge imposed by an event or show organizer (including those incurred as a result of a Service failure); (v) any failure by an Event organizer to act on a request by Subscriber to cancel Subscriber's registration for such event; (vi) which users gains access to the Site; (vii) what Content Subscriber accesses via the Site; what effects the Content may have on Subscriber; (viii) how Subscriber may interpret or use the Content; or (ix) what actions Subscriber may take as a result of having been exposed to the Content. Subscriber releases Company from all liability for Subscriber having acquired or not acquired Content through the Site. The Site may contain, or direct Subscriber to sites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any content contained in or accessed through the Site, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. COMPANY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO SUBSCRIBER.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18USC 2701-2711): COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEB-SITE LINKED TO THE SITE. Company will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Company's equipment, transmitted over networks accessed by the Site, or otherwise connected with Subscriber's use of the Services.
9. INDEMNITY. Subscriber will indemnify and hold Company, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) Subscriber's access to the Site, use of the Services, any violation of these Terms by Subscriber, or any infringement by Subscriber, or any third party using the Subscriber's account, of any intellectual property or other right of any person or entity or (ii) any dispute between Subscriber and another user of the Service.
10. LIMITATION OF LIABILITY. IN NO EVENT SHALL COMPANY OR ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS BE LIABLE WITH RESPECT TO THE SITE, THE SERVICES OR ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF (A) THE FEES PAID BY SUBSCRIBER HEREUNDER OR (B) ONE HUNDRED DOLLARS ($100); (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO SUBSCRIBER.
11. TERMINATION. You may terminate the Services at any time by providing Company written notice (email to info@equestrianconnect.com is acceptable); however, any fees paid hereunder are nonrefundable. Company may terminate this agreement at any time by providing you with written notice, provided that if Subscriber has purchased a term-based subscription to the Services, such termination shall not be effective until the end of Subscriber's then-current subscription term. Company may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if Subscriber breaches any of the terms or conditions of this Agreement. Upon termination of the Subscriber's account, Subscriber's right to use the Services, access the Site, and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
12. DISPUTE RESOLUTION
A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Subscriber and Company agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
The Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules, and the United States of America. Except for disputes involving the assertion of Company's intellectual property rights and claims for injunctive relief, any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in San Francisco County, California, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation, this section.
13. ASSIGNMENT. This Agreement is not assignable, transferable or sublicensable by Subscriber without Company's prior written consent except as set forth in this Section 13. Subscriber may assign this Agreement to a third party only if (i) Subscriber has purchased an term-based subscription with respect to Event registrations for a specific horse; (ii) Subscriber sells such horse to such third party; (iii) such third party agrees to be bound by the terms and conditions of this Agreement; and (iv) such third party provides Company with adequate registration information in accordance with the terms and conditions hereof. This Agreement may only be assigned once, and the exception set forth in the foregoing sentence shall no longer apply following the first assignment of this Agreement.
14. MISCELLANEOUS. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement shall be governed by and construed in accordance with the laws of the state of California without regard to the conflict of laws provisions thereof. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Subscriber does not have any authority of any kind to bind Company in any respect whatsoever.
EFFECTIVE DATE: August 20, 2011
