Please read this agreement carefully before using this site. It sets out the terms under which Equiside offers you use of its Web Site and interactive services. By continuing to view this site or use any of the interactive services, you agree that you have read and accepted these terms and conditions and that they shall apply. If you do not wish to be bound by them, please leave this web site immediately.
This Agreement is made between you and Equiside.
1. Interactive Services
1.1 Equiside may make available to you chat areas, forums and/or other means by which communications may be made available or competitions and prize draws (all together the "Interactive Services").
1.2 The Interactive Services may be operated by third parties and you may be asked to supply information and/or data (including, without limitation, financial, credit card and/or bank data), where that third party may have specific additional terms and conditions which apply. Further, when using such Interactive Services operated by such third parties, you will be dealing with them directly and as such any contracts and/or arrangements will be formed between you and them, without Equiside as a party. Equiside cannot be held liable for your use of or any liability arising out of the same (save to the extent required by law).
2. Use of the Site and the Interactive Services
2.1 You shall not use the Site or the Interactive Services to transmit (or knowingly or recklessly authorise or permit any other person to transmit) material which is obscene, threatening, menacing, offensive, defamatory, abusive, in breach of confidence, in breach of any intellectual property right (including copyright) or otherwise violates any applicable law or regulation or code, neither shall you use any element of this site for the promotion or utilisation of software or services designed to deliver unsolicited e-mail.
2.2 By using this Site or the Interactive Services, you agree to indemnify Equiside and any third-party information provider against any and all claims and expenses, including legal fees, arising from your use of the Site. This expressly includes your responsibility for any and all liability arising from the violation or infringement of proprietary rights or copyrights and any libellous or unlawful material contained within any posting or other submission made by you.
2.3 The Site and the Interactive Services are currently made available without charge to you by Equiside. However, you are responsible for all telephone or other charges necessary to access and use the Site and the Interactive Services that are made available. Your use of any element of the site provided by a third party is subject to your acceptance of the terms and conditions of the provider of that service.
3. Intellectual Property
3.1 Equiside is the owner of:
· The Equiside company name and logo.
· Those trade mark(s) indicated as such throughout the Site from time to time; and
· all other trade marks, images or other content used in the Site and/or the Interactive Service which are not licensed to it by any third party.
All other trade marks, product names and company names or logos cited therein are the property of their respective owners.
3.2 If you publish any text or graphics via the Interactive Services in any form including (but not limited to) contributions to chats, discussions, guest book entries or advertisements, you automatically and hereby grant to Equiside a perpetual, royalty free, irrevocable, non-exclusive right and license to use, reproduce, modify, publish, translate, create derivative works from and distribute such text or graphics into any form, medium or technology now known or hereafter developed. In addition, as between you and Equiside, you assert and waive any and all moral rights in such text or graphics.
3.3 The intellectual property in all design, text, graphics and other material and the selection or arrangement of such material in the Site and/or the Interactive Services is owned by Equiside and/or its respective licensors.
3.4 No part or component of the Equiside Site may be reproduced or transmitted or made available on a network in whole or in part without the prior consent of Equiside.
4.1 Save to the extent required by law, no representations, warranties or terms of
any kind are made in respect of the Site and/or the Interactive Services or their contents (including, without limitation, any views or comment made). All information and/or data included in and/or on the Site, the Interactive Services and/or in any directory or other listings or information retrieval service made available on or by the Site and/or the Interactive Services has been so made available for guidance only. Your use of such information and/or data is therefore entirely at your own risk. All liability of Equiside, its owners, directors, employees or other representatives howsoever arising for any loss suffered as a result of your use of the Site and/or the Interactive Services is expressly excluded to the fullest extent permitted by law. Equiside and third-party content providers make no guarantee of the accuracy, correctness, or completeness of any information on the site and are not responsible for:
· any errors or omissions arising from the use of such information;
· any failures, delays, or interruptions in the delivery of any content or services contained within the Site; or
· any losses or damages arising from the use of the content or services provided by the Site.
4.2 The Site and/or the Interactive Services may include links to web sites and/or use services owned and/or operated by third parties. These are provided for your convenience only and Equiside is not responsible for and does not give any warranties or make any representations regarding any such web sites and/or services and is not responsible for or liable in relation to the content or your use of such web sites (save to the extent required by law). Equiside relies on third party suppliers to provide uninterrupted Services and therefore Equiside makes no warranties or representations that any Service will be uninterrupted or error-free, due to the nature of the services being provided by means of computer and telecommunication systems
4.3 Since it is not feasible to monitor all materials that pass through its Site (including, without limitation, all views and/or comments therein), Equiside believes that the onus for ensuring that material presented on the Internet is legal rests with the original content provider, and we will not limit access to material unless notified that it is illegal. Notwithstanding, Equiside shall have the right to remove any items it believes may be illegal or material which is obscene, threatening, menacing, offensive, defamatory, abusive together with any other material, entry or other content at its sole discretion.
4.4 In no event will Equiside be liable to any user of the Site or the Interactive Services for any indirect or consequential loss or damage whatever (for example but not limited to loss of business, loss of opportunity, loss of profits).
5.1 Equiside may temporarily or permanently terminate your access to the Interactive Services immediately for any reason.
6.1 Where a claim is brought against Equiside by a third party in relation to your use of the Site and/or the Interactive Services you agree to fully reimburse Equiside for all losses, costs, actions, claims, damages, expenses (including reasonable legal costs and expenses) or liabilities, whatsoever suffered or incurred by Equiside in or as a consequence of your breach of this Agreement and/or your use of the Site and/or Interactive Services.
7. Force Majeure
7.1 Neither party shall be liable to the other, for any loss or damage which may be suffered by the other party due to any cause beyond the first party's reasonable control including without limitation any power failure or natural disaster.
8.1 Any notices shall, unless otherwise expressly stated, be in writing and shall be given by sending the same by e-mail, first class post, or facsimile transmission to the other party's address as may be designated in writing from time to time. Any notice sent by first class post shall be deemed (in the absence of evidence of early receipt) to have been delivered two days after dispatch. Any notice given by e-mail or facsimile transmission shall be deemed to have been delivered on the next working day following transmission.
9.1 This Agreement shall be personal to you and you may not assign, transfer, sublet, lease or delegate all or any of your rights and obligations, without Equiside's prior written consent.
9.2 Equiside reserves the right to assign or transfer all or any of its rights and obligations under this Agreement to other third party(s). In the event of assignment or transfer, notification will either be given to you by e-mail or posted on the Site.
10. Privacy and the Use of Personal Information
11. No Waiver
11.1 Failure by either party to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.
12. Variation of Terms
12.1 Equiside reserves the right to vary this Agreement from time to time. Such changes shall either be notified to you by e-mail or posted on the home page of the Site. Changes in this manner shall be deemed to have been accepted if you continue to use the Site and/or the Interactive Services after a period of two weeks from the date of transmission of the e-mail or of posting on the home page of the Site, whichever occurs later.
13. Law and Jurisdiction
13.1 Where the Site and/or the Interactive Services are accessed from England or Wales, or from outside the United Kingdom this Agreement shall be governed by the laws of England and Wales and you hereby submit to the exclusive jurisdiction of the English courts. Where the Site and/or the Interactive Services are accessed from Scotland or Northern Ireland this Agreement shall be governed by the laws of Scotland or Northern Ireland respectively and you hereby submit to the exclusive jurisdiction of the Scottish courts or the courts of Northern Ireland respectively.