The terms and expressions identified by a capital letter in this User Agreement, including in the preamble above and the other conditions, have the meanings indicated below, whether in the singular or plural.
Equirodi: limited liability company owner and publisher of all services and websites of the Equirodi Network, registered with Dole Trade and Companies bureau under number 504 811 373, with a capital of 5000 Euros and headquartered at 3 rue de Scey, 39100 Dole, France.
Equirodi Network: all websites published by the Equirodi company and presented in the list below.
Service: all the services produced and offered by Equirodi.
User: refers to any individual or legal entity, acting alone or representing a third party, who is part of the Equirodi Network after accepting the User Agreement.
Equirodi enables you to use the Services provided that you agree to respect the present User Agreement, including those available by hyperlink in section "Other Conditions". The terms contained in these links are an integral part of this User Agreement. Therefore, the agreement between Equirodi and the User collectively the "Parties" refers to the combined contract of this User Agremment and hyperlinks identified in section "Other Conditions". Equirodi remains free to change the User Agreement of its services at any time.
The Equirodi Network includes the following sites:
Other sites may be added or subtracted to this list at any time without the User's knowledge.
All translations of the French version of the User Agreement are provided by Equirodi for informational purposes only. Only French versions of the User Agreement shall govern the relationship between the Parties. In case of conflict between the provisions of the French version and those translations, the provisions of the French version shall prevail.
Equirodi offers the User a set of Services, directly related or not with the horse world, including:
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. To use the Service, you must access the Internet. The related expenses are your sole responsibility.
The 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 Equirodi Network 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.
You 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.
You 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.
"Publicly accessible areas" are areas of the Equirodi Network 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.
You 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.
You 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.
You 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.
You expressly understand and agree that your use of the Equirodi Network is at your sole discretion and risk. You acknowledge and agree that Equirodi, our officers, directors, employees or suppliers provide the Equirodi Network and the Service "AS IS", "AS AVAILABLE" and without any warranty. Equirodi, our officers, directors, employees or suppliers exclude, to the extent permitted by law, all warranties arising from the use of the Equirodi Network. Equirodi, our officers, directors, employees or suppliers do not accept any warranty regarding the delivery, storage or deletion of any information. Equirodi, our officers, directors, employees or suppliers make no warranty that the service will meet your requirements; the service will be uninterrupted, timely, secure, or error-free; that the results you may obtain by using the Equirodi Network will be accurate or reliable and that any errors in the software will be corrected. Equirodi does not guarantee the sale of your horse, services, products or any other product or service advertised on the Equirodi Network. 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.
To 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. 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.
All materials published on the Equirodi Network, 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. You agree not to copy, reproduce, alter, modify, distribute, transmit, sell, license, commercially exploit or distribute in any way whatsoever any content available on the Equirodi Network, without having received the express prior written authorization of the persons concerned. If you have reason to believe that your work has been copied or used in a manner likely to prejudice your rights as recognized by the French legislation, thank you to inform Equirodi by providing the necessary information.
This Agreement describes the terms and conditions of your access and use of services provided by Equirodi and available from the Equirodi Network websites. 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. All amended terms shall automatically be effective thirty (30) days after they are initially posted on the Equirodi Network. This Agreement may not be otherwise amended except in a writing signed by both parties. This Agreement is effective upon acceptance in registration on the websites of the Equirodi Network for new members, and is otherwise effective on September 1st, 2006 for all users.
At any time, without compensation, Equirodi has the right to modify or move the contents of the Equirodi Network and its services, temporarily or permanently interrupt the Equirodi Network and Services in its entirety or partially, without having to first notify the User.
The following agreements are incorporated into this User Agreement and provide additional terms and conditions related to specific services offered on the Equirodi Network: