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Equirodi User Agreement1. ACCEPTANCE OF EQUIRODI TERMS AND CONDITIONSWelcome to Equirodi. By using the services on the Equirodi websites (Equirodi.com and other related websites where this agreement appears) (the "Sites"), you are agreeing to the following terms (the "Agreement" or "User Agreement"), which may be updated by us from time to time. Additional terms and conditions may apply to related specific services offered on the Site. 2. DESCRIPTION OF SERVICEEquine provides users with access to a wide array of resources including, but not limited to, classified services, communication tools, shopping services, personalized content, web site design and hosting, related or not to the horse industry (the "Service"). You understand and agree that the Service may include advertisements and that these advertisements are necessary for Equirodi to provide the Service. You also understand and agree that the Service may include certain communications from Equirodi and its partners, and that these communications are considered part of the Service. Unless explicitly stated otherwise, any new features or services shall be subject to this agreement. You understand and agree that the Service is provided "AS-IS" and that Equirodi assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. 3. MEMBERSHIPThe Equirodi Service is available only to, and may only be used by individuals who can form legally binding contracts under applicable law. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement. Although you can access and browse the Site without becoming a member, only individuals and entities that have registered can access and use our services. When registering and using the Service you agree (a) to provide your correct personal information and details and also (b) to maintain and update this information as required to keep it current, complete and accurate. If you provide any information that is untrue, inaccurate, not current or incomplete, or Equirodi has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Equirodi has the right to suspend or terminate your account and refuse any and all current or future use of the Service. 4. PRIVACY POLICYWe collect and use your information only as described in the Equirodi Privacy Policy. For a complete description of how we use and protect your personal information, see the Equirodi Privacy Policy at http://www.equirodi.com/en/privacy_policy.php. Our privacy policy is incorporated by reference to the User Agreement. 5. MEMBER ACCOUNT, PASSWORD AND SECURITYYou 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 Equirodi 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. Equirodi shall not be liable for any loss or damage arising from your failure to comply with this section, including, but not limited to, any unauthorized use. 6. MEMBER CONDUCTYou understand and agree not to: (1) Falsely state, impersonate, or otherwise misrepresent your personal identity or affiliations with a person or entity. Falsely state, impersonate, or otherwise misrepresent any person or entity. (2) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service. (3) Post content, including, but not limited to material, text, audio, video, picture that is unlawful, harassing, libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene, or otherwise objectionable. (4) Copy, reproduce, modify, create derivative works, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of Equirodi and the appropriate third party. (5) Upload, make available, post, email or otherwise transit any unsolicited or unauthorized advertising, promotional material, "junk mail", "spam", "chain letters", "pyramid schemes", or any other solicitation. (6) Upload, make available, post, email or otherwise transit any content that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights. (7) Upload, make available, post, email or otherwise transit any viruses or material designated to disrupt, limit or destroy any functionality of any computer software or hardware of users, members or the SepLinks Service. (8) Upload, make available, post, email or otherwise transit any content that you do not have the right to disclose under any law or under contractual or fiduciary agreement or relationship. (9) Collect or store personal information about other members for unlawful purposes or engage in commercial activity such as contests, sweepstakes, etc. without their express consent. (10) Encourage conduct that could constitute a criminal offense, gives rise to civil liability or otherwise intentionally or unintentionally violate any applicable local, state, national or international law. (11) "Stalk" or otherwise harass anyone. (12) Interfere with or disrupt the Equrodi Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service. (13) Take any action that imposes an unreasonable or disproportionately large load on our infrastructure. (14) Solicit or collect any information from children under the age of 13. (15) Display pornographic or sexually explicit material of any kind. (16) Provide information that exploits people under the age of 18 in a sexual or violent manner. 7. CONTENT LICENSE"Publicly accessible areas" are areas of the Sites available to the general public. When you submit Content for inclusion on publicly accessible areas, you grant Equirodi a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. 8. INDEMNITYYou agree to indemnify, defend and hold us and (as applicable) our employees, directors, shareholders, officers, agents, parent, subsidiaries, affiliates and other partners, harmless from and against any lost, cost, claim, damage, liability and/or expense, including attorneys' fees and court costs, resulting from your use of Equirodi Service, breach of this Agreement or violation of any law or third party's rights. 9. GENERAL PRACTICES REGARDING USE AND STORAGEYou acknowledge that Equirodi may establish general practices and limits concerning use of the Service and storage of your data. You agree that Equirodi 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 Equirodi reserves the right to delete accounts that are inactive for an extended period of time. You further acknowledge that Equirodi reserves the right to modify these general practices and limits from time to time. 10. TERMINATION OF SERVICEYou agree that Equirodi, in its sole discretion, may immediately temporarily suspend, indefinitely suspend or terminate your Equirodi account or use of the Service, including, without limitation, breaches of this Agreement or other policies attached by reference, requests by law enforcement, a request by you, reasons to think that your activities may cause financial loss or legal liability for you, our members or Equirodi. You agree that any termination of your Equirodi account includes deactivation and deletion of your account and all related information, files and content, and bar any further access and use of the Equirodi Service. Further, you agree that Equirodi shall not be liable to you or any third-party for any termination of your access to the Service. 11. NO WARRANTYYou expressly understand and agree that your use of the Service is at your sole discretion and risk. We, our officers, agents, affiliates, directors, employees, shareholders, suppliers or licensors provide the Site and the Service "AS IS", "AS AVAILABLE" and without any warranty or condition express, implied or statutory, including, but not limited to any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the service will meet your requirements; the service will be uninterrupted, timely, secure, or error-free, and We will not be liable for the consequences of any interruptions or errors. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. Equirodi does not guarantee the sale of your horse, your horse's services, your products or services or any other product or service advertised on the Sites. Equirodi does not guarantee the owner/seller's services, representations, or any horse's performance or fitness for a particular purpose. In addition, Equirodi strongly recommends that a pre-purchase exam should be performed by the buyer's equine veterinarian of choice, on any horse prior to purchase. Equirodi does not guarantee or warrant the performance of any person or entity advertising on its site. Equirodi does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. 12. LIABILITY LIMITTo the maximum extent permitted by applicable law, in no event shall Equirodi, its suppliers, directors, employees or suppliers be liable to you or any third parties for any economic losses (including, without limitation, loss of revenues, profits, or business), any business interruption, computer failure, loss of business information, or any direct, indirect, special, consequential, exemplary or punutive damages arising out of or in connection with this User Agreement or the use of or inability to use the site or services. In no event Equirodi's liability and the liability of its officers, directors, employees or suppliers, to you or any third parties in any circumstances will exceed £10.00 or the amount of fees you paid to us in the 12 months prior to the action giving rise to liability. Equirodi is under no obligation to become involved in disputes between participants on the Site, or between participants on the Site and any third party. In the event of a dispute, you release Equirodi from claims, demands and damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way related to such disputes and our service. Your sole and exclusive remedy for any dispute with Equirodi related to this User Agreement, site or services shall be cancellation of your account. 13. INTELLECTUAL PROPERTYAll materials published on the Site, including without limitation, content in the form of text, graphics, photographs, sound, video are protected by copyright, trademarks, patents, or other proprietary rights and laws and are owned or controlled by Equirodi, its suppliers, licensors or any third parties. Except as expressly authorized by Equirodi, you agree that you will not copy, reproduce, alter, modify, display, create derivative works, sell, license, sublicense, assign, transfer or otherwise economically exploit any content and materials available on the Site, in whole or in part. 14. GENERAL INFORMATIONThis Agreement describes the terms and conditions on which individuals or entities may access and use the services ("Service") provided by Equirodi and available under the domains and sub-domains of www.equirodi.com (the "Sites"). This Agreement shall constitute the complete and exclusive agreement between the parties and supersedes any prior agreement, whether written or oral. You must read, agree with and accept all of the terms and conditions contained in this Agreement before you can use our Service. If you access and use our Service, it means that you agree to be bound by the terms and conditions of this Agreement. We may amend this Agreement at any time by posting a change notice on our Site. All amended terms shall automatically be effective 30 days after they are initially posted on our Site. Your continued use of the Service following such amendment shall be deemed to be your acceptance of such amendment. If any amendment is unacceptable to you, your only recourse is to terminate this Agreement. This Agreement may not be otherwise amended except in a writing signed by you and Equirodi. This Agreement is effective upon acceptance in registration for new members, and is otherwise effective on September 1st, 2006 for all users. EQUIRODI SARL |
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