This User Agreement sets forth the legally binding terms for your
use of the United States Equestrian Federation, Inc.'s website.
Before using the Website you must read and accept all of the terms and conditions
in this Agreement and the Federation's Privacy Policy. The Federation may amend
this Agreement at any time by posting the amended terms on the Website. Changes
take effect immediately when such changes are posted on the Website.
While using the Website, you agree that you will not:
- transmit any message, information, data, text, software or images, or other content
("Material") that is unlawful, harmful, threatening, harassing, tortuous, defamatory,
vulgar, obscene, libelous, or otherwise objectionable that may invade another's
right to privacy or publicity;
- post or transmit any Material that you do not have a right to reproduce, display
or transmit under any law or under contractual or fiduciary relationships;
- use the Website for any purpose that is unlawful or prohibited;
- use the Website if you are temporarily or indefinitely suspended from the Website;
-
delete or revise any Material posted by any other person or entity or in any way
interfere with other user's listings;
- post false, inaccurate, misleading, defamatory, or libelous content (including personal
information) Material;
- post, transmit, or distribute any unsolicited advertising, promotional materials,
"junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation
or any non-resume information such as opinions or notices, commercial or otherwise;
- engage in the use, copying, or distribution of Material of third parties obtained
through the Website for any commercial purposes;
- post, transmit or distribute any Material that contains a virus or corrupted data
or any other technologies that may harm this Website, or the interests or property
of users;
- circumvent, disable or interfere with security-related features of the Website or
features that prevent or restrict use or copying of any Content or enforce limitations
on the use of the Website or the Content therein;
- upload or transmit any Material that infringes any patent, trademark, trade secret,
copyright or other proprietary rights of any party;
- copy, modify, or distribute content from this Website and the Federation's copyrights
and trademarks; or
- manipulate or otherwise display the Website by using framing or similar navigational
technology;
- use or launch any automated system, including without limitation, "robots", "spiders",
or "offline readers" that accesses the Website in a manner that sends more request
messages to the Website servers in a given period of time than a human can reasonably
produce in the same period by using a conventional on-line web browser;
- harvest or otherwise collect information about users, including email addresses,
without their consent.
While using the Website you agree that you will:
- comply with terms and conditions of this Agreement and all applicable local, national
and international laws and regulations.
The Federation reserves the right to discontinue any aspect of the Website at any
time.
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The content of the Website, except all Material, including without limitation, the
text, software, scripts, graphics, photos, sounds, music, videos, interactive features
and the like ("Content") and the trademarks, service marks and logos contained therein
("Marks"), are owned by or licensed to the Federation, subject to copyright and
other intellectual property rights under the law. Content on the Website is provided
to you AS IS for your information and personal use only and may not be downloaded,
copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed,
or otherwise exploited for any other purpose without the prior written consent of
the respective owners.
When you transmit, post, upload or otherwise display your Material, you grant the
Federation a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, perpetual,
sub-licenseable and transferable license to use, reproduce, distribute, prepare
derivative works of, display and perform the Material in connection with the Website
(copyright, publicity, and database rights that you have in the content, in any
media known now or in the future), including for promoting and redistributing part
or all of the Website. You also hereby grant each user of the Website a non-exclusive
license to access your Material through the Website, and to use, reproduce, distribute,
display and perform such Material as permitted through the Website and under this
Agreement.
You may access Material and Content solely:
- for your information and personal use
- as intended through the normal functioning of the Website; and
- for contemporaneous digital transmission of an audiovisual work via the Internet
for the Website to a user's device in such a manner that the data is intended for
real-time viewing and not intended to be copied, stored, permanently downloaded,
or redistributed by the user ("Streaming"). Accessing Material for any purpose or
in any manner other than Streaming is prohibited.
You acknowledge that the Federation may not pre-screen content but that the Federation
shall have the right in their sole discretion to refuse to publish or remove any
content that is available on the Website. Without limiting the foregoing, the Federation
in its sole discretion shall have the right to remove any content that violates
any provision of this Agreement or is otherwise objectionable.
You understand that whether or not Material is published, the Federation does not
guarantee any confidentiality with respect to any Material.
You shall be solely responsible for your own Material and the consequences of publishing
or posting them.
The Federation does not endorse any Material or any opinion, recommendation, or
advice expressed therein.
The Federation reserves the right to decide whether Material is appropriate and
complies with this Agreement, for violations other than copyright infringement,
such as, pornography, obscene or defamatory material the Federation may remove Material
without prior notice and at its sole discretion.
The Website may contain links to third party websites that are not owned or controlled
by the Federation. The Federation has no control over, and assumes no responsibility
for, the content or practices of any third party website. The Federation will not
and cannot censor or edit the content of any third-party website, by using the Website,
you expressly relieve the Federation from any and all liability arising from your
use of the third-party website.
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If you are a copyright owner or an agent thereof and believe that any Material infringes
upon your copyrights, you may submit a notification pursuant to the Digital Millennium
Copyright Act ("DMCA") by providing our Copyright Agent with the following information
in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works at a single online site are covered by a single notification,
a representative list of such works at that site;
- Identification of the Material that is claimed to be infringing or to be the subject
of infringing activity and that is to be removed or access to which is to be disabled
and information reasonably sufficient to permit the Federation to locate the Material;
- Information reasonably sufficient to permit the Federation to contact you, such
as an address, telephone number, and, if available, an electronic mail
- A statement that you have a good faith belief that use of the Material in the manner
complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty
of perjury, that you are authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed.
The Federation's designated Copyright Agent to receive notifications of claimed
infringement is Justin Provost, email: webmaster@usef.org. You acknowledge that
if you fail to comply with all of the requirements of this Section 5(D), your DMCA
notice may not be valid.
If you believe that your Material that was removed (or to which access was disabled)
is not infringing, or that you have the authorization from the copyright owner,
the copyright owner's agent, or pursuant to the law, to post and use the content
in your Material, you may send a counter-notice containing the following information
to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the Material that has been removed or to which access has been
disabled and the location at which the Material appeared before it was removed or
disabled;
- A statement that you have a good faith belief that the Material was removed or disabled
as a result of mistake or a misidentification of the Material; and
- Your name, address, telephone number, and e-mail address, a statement that you consent
to the jurisdiction of the federal court in Kentucky, and a statement that you will
accept service of process from the person who provided notification of the alleged
infringement.
If a counter-notice is received by the Copyright Agent, The Federation may send
a copy of the counter-notice to the original complaining party informing that person
that it may replace the removed Material or cease disabling it in 10 business days.
Unless the copyright owner files an action seeking a court order against the Material
provider, member or user, the removed content may be replaced, or access to it restored,
in 10 to 14 business days or more after receipt of the counter-notice, at the Federation's
sole discretion.
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Neither the Federation nor anyone associated with the Federation assumes any responsibility
for the accuracy, usefulness, safety, integrity or intellectual property rights
of or relating to Material on the Website. Any use of, or actions taken, based upon
any of the information contained on this Website is done entirely at your own risk.
You understand that the internet contains unedited materials some of which are inaccurate,
offensive, indecent, or objectionable and you agree to waive and hereby do waive,
any legal or equitable rights or remedies you have or may have against the Federation
with respect thereto and agree to indemnify and hold the Federation including its
officers, directors, employees and members, affiliates and/or licensors, harmless
to the fullest extent allowed by law regarding all the matters related to your use
of the Website . You access such materials at your own risk. The Federation has
no control over the content posted and accepts no responsibility whatsoever for
such materials.
The United States Equestrian Federation (“USEF”) and ClubEquestrian.com do not guarantee the sale of your horse, your horse’s services, or any other product or service advertised on the ClubEquestrian.com website. USEF and ClubEquestrian.com do not guarantee the owner/seller’s services, representations, or any horse’s performance or fitness for a particular purpose. In addition, Clubequestrian.com strongly recommends that a pre-purchase exam be performed by the buyer’s equine veterinarian of choice, on any horse prior to purchase. ClubEquestrian.com does not guarantee or warrant the performance of any person or entity advertising on its site. ClubEquestrian.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
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The invalidity or unenforceability of any provision set forth in this Agreement
shall not affect the other provisions of this Agreement, which shall be construed
in all respects as if such invalid or unenforceable provisions were omitted or modified
(consistent with the expressed intention of the parties hereto) to the extent necessary
to make such provision valid and enforceable.
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No waiver of any term of this Agreement shall be deemed a further or continuing
waiver of such term or any other term, and the Federation's failure to assert any
right or provision under this Agreement shall not constitute a waiver of such right
or provision.
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You agree that you will not hold the Federation, its directors, officers, employees
or members responsible for other users' actions or inactions, including things they
post.
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If you have a dispute with one or more users, you release the Federation, including
its officers, directors, employees, and members, from claims, demands and damages
(actual and consequential) of every kind and nature, known and unknown, arising
out of or in any way connected with such disputes. If you are a California resident,
you waive California Civil Code §1542, which says: "A general release does not extend
to claims which the creditor does not know or suspect to exist in his favor at the
time of executing the release, which if known by him must have materially affected
his settlement with the debtor."
You agree to indemnify, defend, and hold harmless the Federation, including its
officers, directors, employees and members, from any and all liability, penalties,
losses, damages, costs, expenses, causes of action, claim, circumstance or demand,
including reasonable attorneys' fees, made by any third party caused, due to or
arising out of your breach of this Agreement, the service provided by you, or your
violation of any law or the rights of a third party.
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No agency, partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by this Agreement. The parties hereto acknowledge
and agree that nothing contained herein is intended to create, or shall be construed
as creating, an agency, joint venture or partnership between the parties, or between
any party and the Licensor. The parties further agree not to refer to the other,
in promotional material or otherwise, in any capacity which would imply the existence
of such a relationship.
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This Agreement shall be governed, enforced and interpreted in accordance with the
laws of the Commonwealth of Kentucky. Ability to Accept Agreement You affirm that
you are either more than 18 years of age or possess legal parental or guardian consent
and are able and competent to enter into this Agreement. For all website-related
issues, please contact us at: info@clubequestrian.com
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