2. DESCRIPTION OF SERVICE
HorseWeb.com currently provides users with access to a rich collection of resources including various communication tools and forums, classifieds services, shopping services, personalized content, site hosting and branded programming through its network of partners and properties (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for HorseWeb.com to provide the Service. You also understand and agree that the Service may include certain communications from HorseWeb.com, such as service announcements, administrative messages, advertising partner messages and the HorseWeb.com Newsletter, and that these communications are considered part of HorseWeb.com membership. You may opt out of receiving the newsletter and advertising partner messages. Unless explicitly stated otherwise, any new features or Services that augment or enhance the current Service, including the release of new HorseWeb.com properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that HorseWeb.com assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. CONDITIONS OF ADVERTISEMENT SERVICES
You agree to pay, in advance, all amounts or fees owed to HorseWeb.com for the placement of your Ad, whether or not you upload a photo or video with your Ad. Upon HorseWeb.com's receipt of all amounts or fees owed for the selected Ad, you shall have the right to upload a photo or video with your Ad (depending on the type of Ad purchased) at anytime up and until the expiration or cancellation of the Ad, whichever occurs first. If you elect to place a photo or video with your Ad, you shall have the responsibility of providing and uploading your photo or video with your Ad. The photo or video upload shall comply with all requirements and procedures set forth by HorseWeb.com. HorseWeb.com may, upon request, provide technical assistance if needed.
As further consideration for the payment, in advance, of all amounts or fees owed HorseWeb.com for placement of your Ad, and in the event you do not upload a photo or video with your Ad, for any reason whatsoever, you shall retain the right, but not the obligation, to upload a photo or video for any subsequent Ad of the same type (Horse for Sale or Stallion at Service, and so on) purchased from HorseWeb.com. This right to upload a photo or video shall expire thirty-six (36) months from the date you placed your first Ad or the upon exercise of that right, whichever first occurs. The right to place a photo or video may be transferred to any subsequent Ad of the same type (Horse for Sale or Stallion at Service, and so on) that you purchase from HorseWeb.com. The right to upload a photo or video belongs solely to you and may not be assigned or transferred to any other person or entity without the express written consent of HorseWeb.com.
HorseWeb.com does not expressly or impliedly guarantee the sale of your horse, your horse's services, nor the owner's products or services. All advertisement listings are subject to reasonable editorial changes to maintain the integrity and prestige of our service. If you provide contact information for people interested in your horse(s) products or services, HorseWeb.com is not responsible for any misuse of this information. It is your responsibility to remove your ad from the HorseWeb.com service upon sale or transfer. HorseWeb.com is not responsible for typos or accidental errors appearing on the service. HorseWeb.com is not responsible for violations created or caused by service users and/or customers. Potential violations include, but are not limited to: copyright, trademark, trade names, patents, or other violations of any local, state, federal or international laws. HorseWeb.com, in its sole discretion, may display your classified ad on any, some or all of its partner Networks without your consent. We suggest that you report any incidents of fraud to the Internet Crime Complaint Center and your local authorities. Subject to court order or law enforcement directions HorseWeb.com reserves the right to remove or not remove an ad based on the accusation of fraud. Postings on HorseWeb.com are dynamic and HorseWeb.com is not responsible for saving variations and changes to postings. HorseWeb.com does not as a matter of course retain copies of expired postings.
Only one horse for sale, lease or stud per listing.
4. NO GUARANTEE
HorseWeb.com does not guarantee the sale of your horse, your horse's services, your products or services or any other product or service advertised on HorseWeb.com's site. HorseWeb.com does not guarantee the owner/seller's services, representations, or any horse's performance or fitness for a particular purpose. In addition, HorseWeb.com strongly recommends that a pre-purchase exam should be performed by the buyer's equine veterinarian of choice, on any horse prior to purchase. HorseWeb.com does not guarantee or warrant the performance of any person or entity advertising on its site. HorseWeb.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
5. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or HorseWeb.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HorseWeb.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). When you create an HorseWeb.com Account and allow your child to access the account, you certify that you are at least 18 years old and that you are the legal guardian of the child/children using the HorseWeb.com account. By allowing a child to use your HorseWeb.com account, you also give your child permission to access all of the Services including, email, message boards, instant messages and chat (among others). Please remember that the service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content (as defined in Section 8 below) are appropriate for your child.
7. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities, whether authorized by you or not, that occur under your password or account. You agree to (a) immediately notify HorseWeb.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. HorseWeb.com shall not be liable for any loss or damage arising from your failure to comply with this Section 5, including, but not limited to, any unauthorized use.
8. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (hereinbefore and after the "Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not HorseWeb.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. HorseWeb.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will HorseWeb.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.You agree to not use the Service to:
You acknowledge that HorseWeb.com may not pre-screen Content, but that HorseWeb.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse to publish or remove any Content that is available via the Service. Without limiting the foregoing, HorseWeb.com and its designees, in their sole discretion, shall have the right to remove any Content that violates any provision of the TOS or is otherwise objectionable.
If you see slanderous or malicious Content on our site, please notify us. We will, in our sole discretion remove any Content deemed malicious, scandalous, harmful or inconsistent with the integrity and prestige of our Service. If you see a possible stolen or missing horse listed on our site for sale, please contact us and it will be removed as soon as possible after verification of claim has been received from an appropriate authority. Please report any violations of the TOS to our HorseWeb.com.
10. ACKNOWLEDGEMENT OF RISK
You agree that you have evaluated the risks of using the Service, including, but not limited to, misuse of your information by third parties, damage to your computer or system through the use of the Service and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. As a result, you agree to assume all risks associated with the use of any Content. In this regard, you acknowledge that you may not rely on any Content created by HorseWeb.com.
You acknowledge, consent and agree that HorseWeb.com may access, preserve, and disclose your account information and Content if required to do so by law or HorseWeb.com reasonably believes in good faith that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of HorseWeb.com, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by HorseWeb.com and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
11. INTERNATIONAL USE
You acknowledge the global nature of the Internet and you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
12. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
HorseWeb.com does not claim ownership of any Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant HorseWeb.com the following world-wide, royalty free and non-exclusive license(s), as applicable:
"Publicly accessible" areas of the Service are those areas of the HorseWeb.com network of properties that are intended by HorseWeb.com to be available to the general public.
You agree to indemnify and hold HorseWeb.com, its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees harmless against and with respect to any action, suit, proceeding, demand, assessment, judgment, loss, cost, liability, damage or expense, including attorneys' fees and court costs, now existing or hereafter arising as a proximate result of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS or violation of any international, federal, state or local treaty, statute, law and/or regulation relating to your use of the Service.
14. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your HorseWeb.com ID), use of the Service, or access to the Service. You may create Content on behalf of another so long as they have agreed to all site terms. You may not present or hold yourself out as a representative of Equine or represent Equine in any way.
15. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that HorseWeb.com may establish general practices and limits concerning use of the Service, including without limitation the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that HorseWeb.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that HorseWeb.com reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that HorseWeb.com reserves the right to modify these general practices and limits from time to time.
16. MODIFICATIONS TO SERVICE
HorseWeb.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that HorseWeb.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that HorseWeb.com may, under certain circumstances and without prior notice, immediately terminate your HorseWeb.com account, any associated Content, and access to the Service. Grounds for such termination shall include, but shall not be limited to, (a) breach or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and/or (f) extended periods of inactivity, (g) failure to pay for the Service, and (h) violations of any law, statute, treaty or rule pertaining to your use or connection to the Service. Termination of your HorseWeb.com account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in HorseWeb.com's sole discretion and that HorseWeb.com shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.
18. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions with, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that HorseWeb.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide or third parties may provide links to other World Wide Web sites or resources. Because HorseWeb.com has no control over such sites and resources, you acknowledge and agree that HorseWeb.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that HorseWeb.com 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 use of or reliance on any such Content, goods or services available on or through any such site or resource.
20. HORSEWEB.COM'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by HorseWeb.com or advertisers, you agree not to use, modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
HorseWeb.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not and do not allow any third party to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including without limitation for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by HorseWeb.com for use in accessing the Service.
21. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
22. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EQUINE.COM, ITS OFFICERS, EMPLOYEES, AGENTS, SUCCESSOR AND ASSIGNS, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EQUINE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
23. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.
24. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any Service, receive or request any news, messages, alerts or other information from the Service concerning loans, insurance or other financial, real estate or legal services or issues, please read the above Sections 19 and 20 again. The Service is provided for informational purposes only. HorseWeb.com, its agents, officers, employees, successors, assigns or licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any decisions made based on such information.
25. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.
HorseWeb.com may provide you with notices, including those regarding changes to the TOS, by either email, regular mail, or postings on the Service.
27. TRADEMARK INFORMATION
The HorseWeb.com logo, HORSEWEB.COM and HorseWeb.com Network logo, trademarks and service marks and other HorseWeb.com logos and product and service names are trademarks of HorseWeb.com, Inc. (hereinafter collectively the "HorseWeb.com Marks"). Without HorseWeb.com's prior written permission, you agree not to display or use in any manner, the HorseWeb.com Marks.
28. GENERAL INFORMATION