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Equestrian
Classified reserves the right, at its sole discretion, to change, add or remove
portions of this Terms of Use, at any time. It is your responsibility to check
this Terms of Use each time before using the Site. Your continued use of the
Site following the posting of changes will mean that you accept and agree to
the changes. You agree that all subsequent listings by you will be subject to
the terms and conditions of the Terms of Use, which shall apply until we post a
modified Terms of Use and then in accordance with such modified Terms of Use.
As long as you comply with this Terms of Use and any such modifications,
Equestrian Classified grants you ("End User") a personal,
non-exclusive, non-transferable, non-sub licensable, limited privilege to enter
and use the Site.
1. Content; Copyright and
Trademark Notice. All media (downloaded or samples), software, text, images,
graphics, user interfaces, music, videos, photographs, trademarks, logos,
artwork and other content on the Site (collectively, "Content"),
including but not limited to the design, selection, arrangement, and
coordination of such Content on the Site is owned or licensed by or to
Equestrian Classified, and is protected by copyright, trade dress, and
trademark laws, and various other intellectual property rights laws. Except as
expressly provided in this Terms of Use, no part of the Site and no Content may
be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed,
published, uploaded, posted, publicly displayed, altered to make new works,
performed, digitized, compiled, translated or transmitted in any way to any
other computer, website or other medium or for any commercial purpose, without
Equestrian Classified prior express written consent. Except as expressly
provided herein, you are not granted any rights or license to patents,
copyrights, trade secrets, trade dress, rights of publicity or trademarks with
respect to any of the Content, and Equestrian Classified reserves all rights
not expressly granted hereunder. Equestrian Classified expressly disclaims all
responsibility and liability for uses by you of any Content obtained on or in
connection with the Site are registered trademarks, trademarks or service marks
of Equestrian Classified and/or its affiliated companies. All custom graphics,
icons, logos and service names are registered trademarks, trademarks or service
marks of Equestrian Classified and/or its affiliated companies. All other
trademarks or service marks are property of their respective owners.
The use of any Equestrian Classified trademark or service mark without
Equestrian Classified express written consent is strictly prohibited.
2. Registration; Customer Accounts; Use of
Site. Certain services offered on or through the Site require you to first open
a My Account. You are responsible for maintaining the confidentiality of your
My Account information, including your password, and for all activity that
occurs under your account. You agree to notify Equestrian Classified
immediately of any unauthorized use of your account or password, or any other
breach of security. You may be held liable for losses incurred by Equestrian
Classified or any other user of the Site due to someone else using your
password or customer account. You may not use anyone else's password or
customer account at any time. You may not attempt to gain unauthorized access
to the Site. Should you attempt to do so, assist others in making such
attempts, or distributing instructions, software or tools for that purpose,
then your customer My Account will be terminated. You agree to provide us with
accurate, current and complete information about yourself. You may update any
of your My Account information. You may not use any automatic device, program,
algorithm or methodology, or any similar or equivalent manual process, to
access, acquire, copy, probe, test or monitor any portion of the Site or any
Content, or in any way reproduce or circumvent the navigational structure or
presentation of the Site or any Content, to obtain or attempt to obtain any
materials, documents or information through any means not purposely made
available through the Site. You agree that you will not take any action that
imposes an unreasonable or disproportionately large load on the infrastructure
of the Site or any of the systems or networks comprising or connected to the
Site. You also agree that Equestrian Classified may, in its sole discretion and
without prior notice to you, terminate your access to the Site and your My
Account for any reason, including without limitation: (1) attempts to gain
unauthorized access to the Site or assistance to others' attempting to do so,
(2) overcoming software security features limiting use of or protecting any
Content, (3) discontinuance or material modification of the Site or any service
offered on or through the Site, (4) violations of this Terms of Use, (5)
failure to pay for purchases, (6) suspected or actual copyright infringement,
(7) unexpected operational difficulties, or (8) requests by law enforcement or
other government agencies. You agree that Equestrian Classified will not be
liable to you or to any third party for termination of your access to the Site.
3. Consent To Collection, Use & Disclosure of Your Personal Information.
As more fully described in our Privacy Policy, (click here ), you must disclose
certainPersonally Identifiable Information to use our Site, register, and make
purchases of advertising space. As a condition of registering with our Site or
making any purchases of services or conduct any transactions, you represent
that you have first read our Privacy Policy and consent to the collection, use
and disclosure of your Personally Identifiable Information and Non-Personally
Identifiable Information as described in our Privacy Policy. Our Privacy
Policy's terms and conditions will change from time to time, and as a condition
of browsing the Site, using any features or making any purchase, you agree that
you will first review our Privacy Policy prior to making any initial or
subsequent purchases.
4.While Equestrian
Classified takes reasonable steps to safeguard and to prevent unauthorized
access to your personal information, we cannot be responsible for the acts of
those who gain unauthorized access, and we make no warranty, express, implied,
or otherwise, that we will prevent unauthorized access to your private
information. IN NO EVENT SHALL Equestrian Classified OR ITS AFFILIATES BE
LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE,
SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD
PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER
SUCH DAMAGES ARE BASED ON CONTRACT, STATUTE, STRICT LIABILITY, TORT OR OTHER
THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER BUY.COM CANADA WAS GIVEN
ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE. Consent To Our
Communication With You By E-Mail. By establishing a My Account with us, and
each time you make a purchase through our Site, you grant permission for
Equestrian Classified to contact you at your e-mail address. To stop receiving
our marketing emails, send an e-mail to us at info@equclassified.com or follow
the opt-out procedures set forth in such marketingemails.
5. Conditions of Sale and Payment Terms. To purchase any advertising
space service on our Site, you must (a) be at least eighteen (18) years of age
or the age of majority in the jurisdiction in which you reside prior to the
purchase of advertising space. All sales of products and services are final.
All charges from those sales are nonrefundable.
6. Modifications to
Prices or Billing Terms. Equestrian Classified RESERVES THE RIGHT, AT ANY TIME,
TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD,
EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.
7. LIMITATION OF
LIABILITY. THE ENTIRE RISK ARISING OUT OF THE USE OF THE SITE, THE USE OF ANY
PRODUCTS AND/OR SERVICES OFFERED ON OR IN CONNECTION WITH THE SITE, AND/OR THE
USE OF ANY CONTENT REMAINS WITH YOU. IN NO EVENT SHALL Equestrian Classified OR
ITS LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR
AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT,
SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION OR OTHER DATA, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS TERMS
OF USE OR THE USE OF OR INABILITY TO USE ANY PRODUCTS, SERVICES AND/OR CONTENT,
WITH THE DELAY OR INABILITY TO USE THE Equestrian Classified SITE OR RELATED
SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR FOR
ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT OBTAINED THROUGH THE
SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Equestrian Classified SITE
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN
IF Equestrian Classified HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING ELSE IN THIS TERMS OF USE OR POSTED ON THE SITE, THE
MAXIMUM LIABILITY THAT Equestrian Classified AND/OR ANY OF ITS AFFILIATED
COMPANIES SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO Equestrian
Classified BY END USER. ORDER INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS
THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE
RESPONSIBILITY OF Equestrian Classified AND/OR ANY OF ITS AFFILIATED COMPANIES.
YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF
WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE
ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND
FUNDAMENTAL BREACH OF THIS TERMS OF USE) THAT IS AN ESSENTIAL BASIS OF THE
BARGAIN BETWEEN THE PARTIES.
8. Policy to
Terminate Privileges for Copyright Infringement. Pursuant to 17 U.S.C. § 512 as
amended by Title II of the Digital Millennium Copyright Act (the
"Act"), Equestrian Classified will terminate the account of any
customer, or vendor who uses his or her privileges to unlawfully transmit
copyrighted material without a license, valid defense or fair use privilege to
do so. After proper notification by the copyright holder or its agent to the
Equestrian Classified and later confirmation through court order or an
admission by the customer that an account has been an instrument of unlawful
infringement, Equestrian Classified will terminate the infringing customer's
account.
Equestrian Classified may also in its sole discretion decide to terminate a
customer's account privileges prior to that time if it has good belief that
infringement has in fact occurred. In addition, pursuant to 17 U.S.C. § 512(c),
Equestrian Classified has implemented procedures for receiving written
notification of claimed infringements and for processing such claims in
accordance with the Act. Equestrian Classified respects the intellectual
property of others and we ask other to do the same. If you believe that your
copyright has been infringed through the Equestrian Classified website, please
contact us.
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