This page contains
the "Terms and Conditions" under which you may use EquineMinimart.com.
Please read this page carefully. If you do not accept
the Terms and Conditions stated here, do not use this
web site and service. By using this web site, you are
indicating your acceptance to be bound by the terms of
these Terms and Conditions. EquineMinimart.com,
LLC,/Inc.(the "Company") owner of EquineMinimart.com,
may revise these Terms and Conditions at any time by updating
this posting. You should visit this page periodically
to review the Terms and Conditions, because they are binding
on you and may change without notice. The terms "You"
and "User" as used herein refer to all individuals and/or
entities accessing this web site for any reason. The term
"vendor" will include all third party advertisers/sellers.
This web site is designed for people 18 or over, unless
a parent or guardian gives permission. By granting a child
permission to use this web site, you give that child permission
to access any area of EquineMinimart.com, and it is the
parent/guardians responsibility to make sure that the
visited portions of the web site are appropriate for your
child.
Use of Material.
The Company authorizes you to view and download a single
copy of the material on EquineMinimart.com (the "Web
Site") solely for your personal, noncommercial use.
The contents of this Web Site, such as text, graphics,
images, logos, button icons, software and other "Material",
are protected under United States and foreign copyright,
trademark and other laws. All Material is the property
of the Company or its content suppliers, vendors and clients.
The compilation (meaning the collection, arrangement and
assembly) of all content on this Web Site is the exclusive
property of the Company and protected by U.S. and international
copyright laws. Unauthorized use of the Material may violate
copyright, trademark, and other laws. You must retain
all copyright, trademark, service mark and other proprietary
notices contained in the original Material on any copy
you make of the Material. You may not sell or modify the
Material or reproduce, display, publicly perform, distribute,
or otherwise use the Material in any way for any public
or commercial purpose. The use of the Material on any
other web site or in a networked computer environment
for any purpose is prohibited. Further, the HTML code
that is created by the Company while generating its pages
is also protected by the Company's copyright.
Acceptable Site Use.
General Rules: Users may not use the Web Site in order
to transmit, distribute, store or destroy material (a)
in violation of any applicable law or regulation, (b)
in a manner that will infringe the copyright, trademark,
trade secret or other intellectual property rights of
others or violate the privacy, publicity or other personal
rights of others, (c) that is defamatory, obscene, threatening,
abusive or hateful, or (d) otherwise prohibited by the
Company.
Web Site Security Rules. Users are prohibited from violating
or attempting to violate the security of the Web Site,
including, without limitation, (a) accessing data not
intended for such user or logging into a server or account
which the user is not authorized to access, (b) attempting
to probe, scan or test the vulnerability of a system or
network or to breach security or authentication measures
without proper authorization, (c) attempting to interfere
with service to any user, host or network, including,
without limitation, via means of submitting a virus to
the Web Site, overloading, "flooding", "spamming",
"mailbombing" or "crashing", (d) sending
unsolicited e-mail, including promotions and/or advertising
of products or services, or (e) forging any TCP/IP packet
header or any part of the header information in any e-mail
or newsgroup posting. Violations of system or network
security may result in civil or criminal liability. The
Company will investigate occurrences that may involve
such violations and may involve, and cooperate with, law
enforcement authorities in prosecuting users who are involved
in such violations.
This site is designed for parties who can legally make
binding contracts under applicable law. Therefore, minors
are not allowed to use this site without permission of
their parents or guardians. Minors who can not meet these
requirements may not use this Web Site.
You are also expected to follow all laws and regulations
that may be associated with any of the activities involved
with the use of the Web Site. You are also expected to
pay for any state fees or applicable taxes that may be
associated with the activities from this Web Site.
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Specific Prohibited Uses.
The Web Site may be used only for lawful purposes by
individuals wishing to learn about horses and meet other
horse owners. The Company specifically prohibits any use
of the Web Site, and all users agree not to use the Web
Site, for any of the following:
Posting any incomplete, false or inaccurate information
in the open discussions and chat forum sections (if applicable)
or other areas of the Web Site. This includes, but is
not limited to, any postings that are sexually implicit,
use derogatory statements or offensive language, are implicit
or immoral in nature, are harassing or libelous, and any
unlawful statement.
Posting any false or inaccurate biographical information
when setting up an account or requesting other information
from this Web Site. This includes, but is not limited
to misrepresenting yourself, your company, and company
goods and/or services.
Posting any incomplete, false or inaccurate information
in any other part of this Web Site.
Posting of any corrupted files, viruses and other software
damaging activities.
Posting any franchise, pyramid scheme, multi-level marketing,
"club membership", distributorship or sales
representative agency arrangement or other business opportunities
which requires an up front or periodic payment, pays commissions
only, requires recruitment of other members, sub-distributors
or sub-agents, or other commercial venture.
Attempting to gather or solicit other user’s information
for any reason not authorized by the Company.
Deleting or revising any material posted by any other
person or entity. This includes, but is not limited to,
the infringement of any third party’s content or
transmission.
Using any device, software or routine to interfere or
attempt to interfere with the proper working of this Web
Site or any activity being conducted on this site.
Taking any action that imposes an unreasonable or disproportionately
large load on this Web Site’s infrastructure.
If you have a password allowing access to a non-public
area of this Web Site, disclosing to or sharing your password
with any third parties or using your password for any
unauthorized purpose.
Notwithstanding anything to the contrary contained herein,
using or attempting to use any engine, software, tool,
agent or other device or mechanism (including without
limitation browsers, spiders, robots, avatars or intelligent
agents) to navigate or search this Web Site other than
the search engine and search agents available from the
Company on this Web Site and other than generally available
third party web browsers, such as Netscape Navigator and
Microsoft Explorer.
Attempting to decipher, decompile, disassemble or reverse
engineer any of the software comprising or in any way
making up a part of the Web Site.
Aggregating, copying or duplicating in any manner any
of the materials or information available from the Web
Site.
Framing of or linking to any of the materials or information
available from the Web Site.
Violate any other posted policy in regards to the use
of this Web Site, regardless as to where the policy is
located at on the Web Site.
The Company has a right to refuse to post any message
or other postings (if ever applicable) if the Company
believes it is in violation of these terms and conditions.
The Company also reserves the right to terminate your
use of this site if you violate any of these prohibited
uses.
User Information.
When you register (for an account or other information)
regardless of reason for the Web Site, you will be asked
to provide the Company with certain information including,
without limitation, a valid email address (your "Information").
In addition to the terms and conditions that may be set
forth in any privacy policy on this Web Site, you understand
and agree that the Company may disclose to third parties,
on an anonymous basis, certain aggregate information contained
in your registration application. Furthermore, the Company
may disclose to any third party your name, address, e-mail
address or telephone number unless you opt out of this,
including to the extent necessary or appropriate to comply
with applicable laws or in legal proceedings where such
information is relevant. The Company reserves the right
to offer third party services and products to you based
on the preferences that you identify in your registration
and at any time thereafter; such offers may be made by
the Company or by third parties. Please see the Company’s
Privacy Policy for further details regarding your Information.
Unless mentioned in the privacy policy, the Company does
not sell or rent your personal information to third parties
for marketing purposes without your consent and we only
use your information as described here and in the Privacy
Policy. Your personal information and safeguarding it
is very important to the Company. Your information is
on computers and is protected by physical as well as technological
security devices. If you object to your Information being
transferred or used in this way please do not use our
services.
User Submissions.
As a user and if applicable, you are responsible for
your own communications and are responsible for the consequences
of their posting. You must not, and by using this Web
Site you agree not to, do the following things (as mentioned
above): post material that is copyrighted, unless you
are the copyright owner or have the permission of the
copyright owner to post it; post material that reveals
trade secrets, unless you own them or have the permission
of the owner; post material that infringes on any other
intellectual property rights of others or on the privacy
or publicity rights of others; post material that is obscene,
defamatory, threatening, harassing, abusive, hateful,
or embarrassing to another user or any other person or
entity; post a sexually-explicit image or statement; post
advertisements or solicitations of business, post chain
letters or pyramid schemes; impersonate another person;
or post material that contains viruses, Trojan horses,
worms, time bombs, cancelbots or other computer programming
routines or engines that are intended to damage, detrimentally
interfere with, surreptitiously intercept or expropriate
any system, data or information.
It is your responsibility to verify the accuracy of all
the information (including personal) posted by that party
to the Web Site.
The Company does not represent or guarantee the truthfulness,
accuracy, or reliability of communications posted by users
or endorse any opinions expressed by users. As a user,
you will be liable for all damages based on your content.
You acknowledge that any reliance on material posted by
other users will be at your own risk.
The Company does not represent or guarantee the truthfulness,
accuracy, or reliability of communications posted by the
Company from third parties, nor does the Company endorse
any opinions expressed in these postings. The Company
does not endorse any of the products that may be advertised
through the web site. All postings by the Company and
products sold are for informational and convenience purposes
only.
The Company has no obligation to screen communications
or information in advance and is not responsible for screening
or monitoring material posted by users or vendors. If
notified by a user of communications which allegedly do
not conform to these Terms and Conditions, or through
the Companies own internal review, the Company may investigate
the allegation and determine in good faith and its sole
discretion whether to remove or request the removal of
the communication. The Company has no liability or responsibility
to users for performance or nonperformance of such activities.
The Company reserves the right to expel users and prevent
their further access to the Web Site for violating the
Terms and Conditions or the law and the right to remove
communications which are false, misleading, abusive, illegal,
or disruptive. The Company may take any action with respect
to user-submitted information that it deems necessary
or appropriate in its sole discretion if it believes it
may create liability for the Company or may cause the
Company to lose (in whole or in part) the services of
its ISPs or other suppliers.
By submitting content to any public or non-public area
of the Web Site (if ever applicable), including regular
postings, message boards, forums, contests, photographs
and chat rooms, you grant the Company and its affiliates
the loyalty-free, perpetual, irrevocable, sublicenseable
(through multiple tiers), non-exclusive right (including
any moral rights) in your copyright, trademark, publicity
and database rights, a license to use, reproduce, modify,
adapt, publish, translate, create derivative works from,
distribute, communicate to the public, perform and display
the content (in whole or in part) worldwide and/or to
incorporate it in other works in any form, media, or technology
now known or later developed, for the full term of any
rights that may exist in such content. You also warrant
that the holder of any rights, including moral rights
in such content, has completely and effectively waived
all such rights and validly and irrevocably granted to
you the right to grant the license stated above. You also
permit any subscriber to access, display, view, store
and reproduce such content for personal use. These rights
also include your information in any media now known or
not currently known. Subject to the foregoing, the owner
of such content placed on the Web Site retains any and
all rights that may exist in such content. This information
will be used in accordance with the Company’s privacy
policy.
Any hyperlinks contained in any postings will be, at
the discretion of the Company, disabled for use by others.
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†Registration and Password.
If applicable, you are responsible for maintaining the
confidentiality of your information and password. You
shall be responsible for all uses of your registration,
whether or not authorized by you. You agree to immediately
notify the Company of any unauthorized use of your registration
or password.
Copyright Notification in the Event of Possible
Infringement.
If you believe that your copyrighted work has been uploaded,
posted or copied to this Web Site and is accessible on
this Web Site in a way that constitutes copyright infringement,
please notify us by providing the Company with the following
information:
1. The physical or electronic signature of either the
copyright owner or of a person authorized to act on the
owner's behalf;
2. A description of the copyrighted work you claim has
been infringed, and a description of the activity that
you claim to be infringing;
3. Identification of the URL or other specific location
on this web site where the material or activity you claim
to be infringing is located or is occurring; you must
include enough information to allow us to locate the material
or the activity;
4. Your name, address, telephone number and, if you have
one, your e-mail address;
5. A statement by you that you have a good faith belief
that use on the web site of the copyrighted work in the
manner you are complaining of is not authorized by the
copyright owner, any agent of the copyright owner, or
the law; and
6. A statement by you, made under penalty of perjury,
that the information you have provided in your notice
is accurate and that you are either the copyright owner
or are authorized to act on behalf of the copyright owner.
EquineMinimart.com’s Copyright Agent for notice
of claims of copyright infringement on its site can be
reached as follows:
e-mail: Administrator@EquineMinimart.com
Termination of Users who Violate the Company's
policy on infringement of Copyright or other Intellectual
Property rights of Others.
The Company, and all of our affiliated companies respect
the intellectual property of others, and we ask our users,
account holders and content partners to do the same. The
unauthorized reproduction, copying, distribution, modification,
public display or public performance of copyrighted works
constitutes infringement of the copyright owner's rights.
As a condition to your use of this Web Site, you agree
not to use the Web Site to infringe the intellectual property
rights of others in any way. We will terminate the accounts
of any account holders, and block access to our Web Site
of any users, who are repeat infringers of the copyrights,
or other intellectual property rights, of others. We reserve
the right to take these actions at any time, in our sole
discretion, with or without notice, and without any liability
to the account holder who is terminated or to the user
whose access is blocked.
The Company’s Liability.
EquineMinimart.com is only a venue. This Web Site acts
as a venue for users (such as Vendors, Customers,and other
parties) to post information about their company, goods
and services, as well as other related information, and
does not screen or censor the posting made. The web site
may also be a venue for different products, articles and
interviews. The Company is not involved in the actual
communications between users, unless specifically mentioned
otherwise. As a result, the Company has no control over
the content of the various postings, Vendor information,
product information or users work product. In addition,
note that there are risks, including but not limited to
the risk of physical harm, of dealing with strangers,
foreign nationals, underage persons or people acting under
false pretenses. You assume all risks associated with
dealing with other users with whom you come in contact
through the Web Site. There is no agency agreement of
any kind made between any Vendor or publisher and the
Company.
Because user authentication on the Internet is difficult,
EquineMinimart.com cannot and does not confirm that each
user/vendor is who they claim to be. Because we do not
and cannot be involved in user-to-user/vendor dealings
or control the behavior of participants on EquineMinimart.com,
in the event that you have a dispute with one or more
users, you release the Company (and our agents and employees)
from claims, demands and damages (actual and consequential,
direct and indirect) of every kind and nature (including
negligence), known and unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way
connected with such disputes.
We are under no legal obligation to, and generally do
not, control the information provided by other users,
vendors, and others, which is made available through the
Web Site. By its very nature, other parties information
may be offensive, harmful or inaccurate, and in some cases
will be mislabeled or deceptively labeled. We expect that
you will use caution and common sense when using this
Web Site.
The Material may contain inaccuracies or typographical
errors. The Company makes no representations about the
accuracy, reliability, completeness, or timeliness of
the Web Site, or other Material. The use of the Web Site
and the Material is at your own risk. Changes are periodically
made to the Web Site and may be made at any time.
You acknowledge and agree that you are solely responsible
for the form, content and accuracy of any postings placed
by you on the Web Site. Users needing services are also
solely responsible for their postings on the Web Site.
If a user decides to use the services or goods of any
Vendor (advertised or not) mentioned in this web site,
they do so at their own risk. The Company will not be
liable for any products or services offered by any Vendor,
or if the user follows the advice of any Vendor. AGAIN,
THE COMPANY DOES NOT ENDORSE ANY VENDOR, OR OTHER PARTY
THAT A USER FOUND ON EquineMinimart.COM.
THE COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE
ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE
OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR
USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED
FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY
IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS
IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE
COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS
ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING
THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR
PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES
ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS
OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND
LINKS.
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Disclaimer of Consequential Damages.
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY
THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR
ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR
DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION)
RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE
AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT,
TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE
COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Contacting Company.
Users may contact the Company, for customer support or
service at the following e-mail address(s):
Support@EquineMinimart.com
Selling Products on EquineMinimart.com.
If you choose to advertise on EquineMinimart.com, you
take full responsibility for the accuracy of all text
and pictures inserted. You are also liable for any trademark
and copyright issues created by your insertion. You will
further hold harmless the Company free from all liability
related to the products/services you are selling, and
will defend, at your cost, the Company from all claims
related to your products/services.
You agree to pay for all advertising as billed. Failure
to pay your advertising bills when received will be grounds
for the removal of your advertisements.
You also agree that you are at least 18 years of age
and legally capable of contracting. You agree to provide
current and correct contact information for the Company
and interested parties. You will not be permitted to advertise
or use this web site if you provide false information.
The Company has full discretion as to the content of
your advertisement. If the Company determines, in their
sole opinion, that your advertisement, products or services
will be offensive or illegal, the Company will not insert
the advertisement into the web site.
You will have the right to upload one photo with your
advertisement, but not until you have paid in full the
fee for advertising. You may add a picture anytime during
the course of your paid advertisement. Your uploaded photo
shall be held to the same standards as mentioned above.
EquineMinimart.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, EquineMinimart.com is not responsible
for any misuse of this information. It is your responsibility
to remove your ad from the EquineMinimart.com service
upon sale or transfer. EquineMinimart.com is not responsible
for typos or accidental errors appearing on the service.
EquineMinimart.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. EquineMinimart.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 Fraud Complaint Center and your local
authorities. Subject to court order or law enforcement
directions EquineMinimart.com reserves the right to remove
or not remove an ad based on the accusation of fraud.
Postings on EquineMinimart.com are ever changing and EquineMinimart.com
is not responsible for saving variations and changes to
postings. EquineMinimart.com does not as a matter of course
retain copies of expired postings.
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Links to Other Sites.
The Web Site may contain links to third party web sites.
The Company does not endorse any of these sites and is
provided to you as a convenience only. The Company is
not responsible for the content of linked third-party
sites and does not make any representations regarding
the content or accuracy of materials on such third party
web sites. If you decide to access linked third party
Web sites, you do so at your own risk.
Many of the Vendors will provide links to their web sites.
If you access their web sites, you will need to follow
their terms and conditions, privacy policies, and any
other agreements found on their web site. THE COMPANY
IS NOT LIABLE FOR ANY OF THE VENDOR’S AGREEMENTS,
NOR DID THE COMPANY HAVE ANY CONTROL OF ITS CONTENTS.
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No Resale or Unauthorized Commercial Use.
You agree not to resell or assign your rights or obligations
under these Terms of Use. You also agree not to make any
unauthorized commercial use of the Web Site.
†
Limitation of Liability.
The aggregate liability for the Company, our subsidiaries,
employees and suppliers, to you or any third party in
any circumstance for all claims arising from the use of
the Web Site is limited to $200. Some states may give
you more rights, so please refer to your state’s
laws.
Disputes between Customers and Vendors.
As mentioned before, the Web Site is just a venue. In
the event of any disputes between another user, a Vendor
(advertised or not) and/or Vendor’s customer, the
Company will not intervene on either parties behalf. All
disputes, refunds or other events arising between the
Vendor and its customers shall be resolved between the
Vendor and its customers.
For any disputes between you and the Company, you may
contact the Company at Support@EquineMinimart.com
The Company will make every effort to resolve your dispute.
Termination.
The Company reserves the right, at its sole discretion,
to pursue all of its legal remedies, including but not
limited to deletion of your postings (if applicable) from
this Web Site and immediate termination of your registration
with or ability to access the Web Site and/or any other
service provided to you by the Company, upon any breach
by you of these Terms and Conditions (or other agreements
found in this Web Site) or if the Company is unable to
verify or authenticate any information you submit to the
Web Site registration with or ability to access the Web
Site.
Indemnity.
You agree to defend, indemnify, and hold harmless the
Company, its officers, directors, employees and agents,
from and against any claims, actions or demands, including
without limitation reasonable legal and accounting fees,
alleging or resulting from your use of the Material or
your breach of the terms of these Terms and Conditions.
The Company shall provide notice to you promptly of any
such claim, suit, or proceeding and shall assist you,
at your expense, in defending any such claim, suit or
proceeding.
General Terms.
The Company makes no claims that the Materials may be
lawfully viewed or downloaded outside of the United States.
Access to the Materials may not be legal by certain persons
or in certain countries. If you access the Web Site from
outside of the United States, you do so at your own risk
and are responsible for compliance with the laws of your
jurisdiction. These Terms and Conditions are governed
by the internal substantive laws of the State of California,
in the County of Los Angeles, without respect to its conflict
of laws principles. Jurisdiction for any claims arising
under this agreement shall lie exclusively with the state
or federal courts within Los Angeles County, California,
and all parties submit to the jurisdiction of the venue
of these courts. If any provision of these Terms and Conditions
are found to be invalid by any court having competent
jurisdiction, the invalidity of such provision shall not
affect the validity of the remaining provisions of these
Terms and Conditions, which shall remain in full force
and effect. No waiver of any term of these Terms and Conditions
shall be deemed a further or continuing waiver of such
term or any other term. Both parties agree that they may
be compensated for reasonable attorney fees in the event
of a claim. Except as expressly provided in additional
terms of use for areas of the Web Site, such as a particular
"Legal Notice," or Software License or material
on particular Web pages, these Terms and Conditions constitute
the entire agreement between you and the Company with
respect to the use of the web site. No changes to these
Terms and Conditions shall be made except by a revised
posting on this page.
Additional Terms of Use.
Certain areas of this web site are subject to additional
terms of use. By using such areas, or any part thereof,
you agree to be bound by the additional terms of use applicable
to such areas. You should also check back here often to
see if these terms have been revised.
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