1. Definitions
ExclusivelyEquine.com is the interactive online service ("Website") operated by
Exclusively Equine ("ExclusivelyEquine.com") on World Wide Web of the Internet,
consisting of information services and content provided by Exclusively Equine, its
affiliates and other third parties. "Customer" means each person who establishes
or accesses a connection ("Account") for access to and use of the ExclusivelyEquine.com
Website.
2. General
(A) This Agreement sets forth the terms and conditions that apply to use of ExclusivelyEquine.com
by Customer. By using ExclusivelyEquine.com (other than to read this Agreement for
the first time), Customer agrees to comply with all of the terms and conditions
listed herein. The right to use ExclusivelyEquine.com is personal to Customer and
is not transferable to any other person or entity. Customer is responsible for all
use of Customer's Account (under any screen name or password) and for ensuring that
all use of Customer's Account complies fully with the provisions of this Agreement.
Customer shall be responsible for protecting the confidentiality of Customer's password(s),
if any.
(B) Exclusively Equine shall have the right at any time to change or discontinue
any aspect or feature of ExclusivelyEquine.com, including, but not limited to, content,
hours of availability, and equipment needed for access or use.
3. Changed Terms
ExclusivelyEquine.com shall have the right at any time to change or modify the terms
and conditions applicable to Customer's use of ExclusivelyEquine.com, or any part
thereof, or to impose new conditions, including, but not limited to, adding fees
and charges for use. Such changes, modifications, additions or deletions shall be
effective immediately upon notice thereof, which may be given by means including,
but not limited to, posting on ExclusivelyEquine.com, or by electronic or conventional
mail, or by any other means by which Customer obtains notice thereof. Any use of
ExclusivelyEquine.com by Customer after such notice shall be deemed to constitute
acceptance by Customer of such changes, modifications or additions.
4. Equipment
Customer shall be responsible for obtaining and maintaining all telephone, computer
hardware and other equipment needed for access to and use of ExclusivelyEquine.com
and all charges related thereto.
5. Customer Conduct
(A) Customer shall use ExclusivelyEquine.com for lawful purposes only. Customer
shall not post or transmit through ExclusivelyEquine.com any material which violates
or infringes in any way upon the rights of others, which is unlawful, threatening,
abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane
or otherwise objectionable, which encourages conduct that would constitute a criminal
offense, give rise to civil liability or otherwise violate any law, or which, without
Exclusively Equine's express prior approval, contains advertising or any solicitation
with respect to products or services. Any conduct by a Customer that in ExclusivelyEquine.com's
discretion restricts or inhibits any other Customer from using or enjoying ExclusivelyEquine.com
will not be permitted. Customer shall not use ExclusivelyEquine.com to advertise
or perform any commercial solicitation, including, but not limited to, the solicitation
of users to become Customers of other on-line information services competitive with
ExclusivelyEquine.com.
(B) ExclusivelyEquine.com contains copyrighted material, trademarks and other proprietary
information, including, but not limited to, text, software, photos, video, graphics,
music and sound, and the entire contents of ExclusivelyEquine.com are copyrighted
as a collective work under the United States copyright laws. ExclusivelyEquine.com
owns a copyright in the selection, coordination, arrangement and enhancement of
such content, as well as in the content original to it. Customer may not modify,
publish, transmit, participate in the transfer or sale, create derivative works,
or in any way exploit, any of the content, in whole or in part. Customer may download
copyrighted material for Customer's personal use only. Except as otherwise expressly
permitted under copyright law, no copying, redistribution, retransmission, publication
or commercial exploitation of downloaded material will be permitted without the
express permission of Exclusively Equine and the copyright owner. In the event of
any permitted copying, redistribution or publication of copyrighted material, no
changes in or deletion of author attribution, trademark legend or copyright notice
shall be made. Customer acknowledges that it does not acquire any ownership rights
by downloading copyrighted material.
(C) Customer shall not upload, post or otherwise make available on ExclusivelyEquine.com
any material protected by copyright, trademark or other proprietary right without
the express permission of the owner of the copyright, trademark or other proprietary
right and the burden of determining that any material is not protected by copyright
rests with Customer. Customer shall be solely liable for any damage resulting from
any infringement of copyrights, proprietary rights, or any other harm resulting
from such a submission. By submitting material to any public area of ExclusivelyEquine.com,
Customer automatically grants, or warrants that the owner of such material has expressly
granted Exclusively Equine the royalty-free, perpetual, irrevocable, non-exclusive
right and license to use, reproduce, modify, adapt, publish, translate and distribute
such material (in whole or in part) worldwide and/or to incorporate it in other
works in any form, media or technology now known or hereafter developed for the
full term of any copyright that may exist in such material. Customer also permits
any other Customer to access, view, store or reproduce the material for that Customer's
personal use. Customer hereby grants Exclusively Equine the right to edit, copy,
publish and distribute any material made available on ExclusivelyEquine.com by Customer.
6. Disclaimer of Warranty; Limitation of Liability
(A) CUSTOMER EXPRESSLY AGREES THAT USE OF EXCLUSIVELYEQUINE.COM IS AT CUSTOMER'S
SOLE RISK. NEITHER EXCLUSIVELY EQUINE, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE
EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT EXCLUSIVELYEQUINE.COM
WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM USE OF EXCLUSIVELYEQUINE.COM, OR AS TO THE ACCURACY, RELIABILITY
OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH EXCLUSIVELYEQUINE.COM.
(B) EXCLUSIVELYEQUINE.COM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION
OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY
FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR
DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER
FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE
OF ACTION. CUSTOMER SPECIFICALLY ACKNOWLEDGES THAT EXCLUSIVELY EQUINE IS NOT LIABLE
FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CUSTOMERS OR THIRD PARTIES
AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH CUSTOMER.
(D) IN NO EVENT WILL EXCLUSIVELY EQUINE, OR ANY PERSON OR ENTITY INVOLVED IN CREATING,
PRODUCING OR DISTRIBUTING EXCLUSIVELYEQUINE.COM OR THE EXCLUSIVELYEQUINE.COM SOFTWARE,
BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY
TO USE EXCLUSIVELYEQUINE.COM. CUSTOMER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF
THIS SECTION SHALL APPLY TO ALL CONTENT ON EXCLUSIVELYEQUINE.COM.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, EXCLUSIVELY EQUINE, NOR ITS
AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS
OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS
IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN EXCLUSIVELYEQUINE.COM,
OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR
ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING
PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING,
BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER, EXCLUSIVELY
EQUINE, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR
GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION.
ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF
THE INFORMATION.
7. Monitoring
Exclusively Equine shall have the right, but not the obligation, to monitor the
content of ExclusivelyEquine.com, including chat rooms and forums, to determine
compliance with this Agreement and any operating rules established by Exclusively
Equine and to satisfy any law, regulation or authorized government request. Exclusively
Equine shall have the right in its sole discretion to edit, refuse to post or remove
any material submitted to or posted on Exclusively Equine. Without limiting the
foregoing, Exclusively Equine shall have the right to remove any material that Exclusively
Equine, in its sole discretion, finds to be in violation of the provisions hereof
or otherwise objectionable.
8. Indemnification
Customer agrees to defend, indemnify and hold harmless Exclusively Equine, its affiliates
and their respective directors, officers, employees and agents from and against
all claims and expenses, including attorneys' fees, arising out of the use of ExclusivelyEquine.com
by Customer or Customer's Account.
9. Termination
Either Exclusively Equine or Customer may terminate this Agreement at any time.
Without limiting the foregoing, Exclusively Equine shall have the right to immediately
terminate Customer's Account in the event of any conduct by Customer which Exclusively
Equine, in its sole discretion, considers to be unacceptable, or in the event of
any breach by Customer of this Agreement.
10. Trademarks
Exclusively Equine, Eclipse Press, and The Blood-Horse, Inc. are registered trademarks
in the United States and other countries. All rights reserved. All other trademarks
appearing on ExclusivelyEquine.com are the property of their respective owners.
11. Third Party Content
Exclusively Equine is a distributor (and not a publisher) of content supplied by
third parties and Customers. Any opinions, advice, statements, services, offers,
or other information or content expressed or made available by third parties, including
information providers, Customers or any other user of ExclusivelyEquine.com, are
those of the respective author(s) or distributor(s) and not of Exclusively Equine.
Neither Exclusively Equine nor any third-party provider of information guarantees
the accuracy, completeness, or usefulness of any content, nor its merchantability
or fitness for any particular purpose. In many instances, the content available
through ExclusivelyEquine.com represents the opinions and judgments of the respective
information provider, Customer, or other user not under contract with Exclusively
Equine. Exclusively Equine neither endorses nor is responsible for the accuracy
or reliability of any opinion, advice or statement made on ExclusivelyEquine.com
by anyone other than authorized Exclusively Equine employee spokespersons while
acting in their official capacities. Under no circumstances will Exclusively Equine
be liable for any loss or damage caused by a Customer's reliance on information
obtained through ExclusivelyEquine.com. It is the responsibility of Customer to
evaluate the accuracy, completeness or usefulness of any information, opinion, advice
or other content available through ExclusivelyEquine.com. Please seek the advice
of professionals, as appropriate, regarding the evaluation of any specific information,
opinion, advice or other content.
12. Miscellaneous
This Agreement and any operating rules for ExclusivelyEquine.com established by
Exclusively Equine constitute the entire agreement of the parties with respect to
the subject matter hereof, and supersede all previous written or oral agreements
between the parties with respect to such subject matter. This Agreement shall be
construed in accordance with the laws of the State of Kentucky, without regard to
its conflict of laws rules. No waiver by either party of any breach or default hereunder
shall be deemed to be a waiver of any preceding or subsequent breach or default.
The section headings used herein are for convenience only and shall not be given
any legal import.