AGREEMENT BETWEEN USER AND The Digital Horse®
The The Digital Horse® Web Site is comprised of various Web pages operated by The Digital Horse.®
The The Digital Horse® Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the The Digital Horse® Web Site constitutes your agreement to all such terms, conditions, and notices.
The Digital Horse® reserves the right to change the terms, conditions, and notices under which the The Digital Horse® Web Site is offered, including but not limited to the charges associated with the use of the The Digital Horse® Web Site.
LINKS TO THIRD PARTY SITES
The The Digital Horse® Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of The Digital Horse® and The Digital Horse® is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Digital Horse® is not responsible for webcasting or any other form of transmission received from any Linked Site. The Digital Horse® is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The Digital Horse® of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the The Digital Horse® Web Site, you warrant to The Digital Horse® that you will not use the The Digital Horse® Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the The Digital Horse® Web Site in any manner which could damage, disable, overburden, or impair the The Digital Horse® Web Site or interfere with any other party’s use and enjoyment of the The Digital Horse® Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the The Digital Horse® Web Sites.
USE OF COMMUNICATION SERVICES
The The Digital Horse® Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
• Conduct or forward surveys, contests, pyramid schemes or chain letters.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
• Violate any applicable laws or regulations.
The Digital Horse® has no obligation to monitor the Communication Services. However, The Digital Horse® reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Digital Horse® reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
The Digital Horse® reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in The Digital Horse’s® sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. The Digital Horse does not control or endorse the content, messages or information found in any Communication Service and, therefore, The Digital Horse specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized The Digital Horse® spokespersons, and their views do not necessarily reflect those of The Digital Horse.®
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO The Digital Horse® OR POSTED AT ANY The Digital Horse® WEB SITE
The Digital Horse® does not claim ownership of the materials you provide to The Digital Horse® (including feedback and suggestions) or post, upload, input or submit to any The Digital Horse® Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting The Digital Horse®, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. The Digital Horse® is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in The Digital Horse’s® sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE The Digital Horse® WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. The Digital Horse® AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE The Digital Horse® WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE The Digital Horse® WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
The Digital Horse® AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE The Digital Horse® WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. The Digital Horse® AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
SERVICE CONTACT: INFO@THEDIGITALHORSE.COM
The Digital Horse® reserves the right, in its sole discretion, to terminate your access to the The Digital Horse® Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of California, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in San Mateo County, California, U.S.A. in all disputes arising out of or relating to the use of the The Digital Horse® Web Site. Use of the The Digital Horse® Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Digital Horse® as a result of this agreement or use of the The Digital Horse® Web Site. The Digital Horse’s® performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The Digital Horse’s® right to comply with governmental, court and law enforcement requests or requirements relating to your use of the The Digital Horse® Web Site or information provided to or gathered by The Digital Horse® with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and The Digital Horse® with respect to the The Digital Horse® Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and The Digital Horse® with respect to the The Digital Horse® Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties to this agreement that this agreement and all related documents shall be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the The Digital Horse® Web Site are: Copyright © 2002-2013 The Digital Horse® and/or its suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
The Digital Horse® respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow the procedures outlined below to contact The Digital Horse®. Please note that this procedure is exclusively for notifying The Digital Horse® and its affiliates that your copyrighted material has been infringed.
The Digital Horse® has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of The Digital Horse’s® Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy. It is The Digital Horse’s® policy to (1) block access to or remove content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
A. Procedure for Reporting Copyright Infringements:
If you believe that your work has been copied in a way that constitutes copyright infringement, please contact our Designated Agent by (1) following our Claim of Infringement Process, or by contacting our Designated Agent using the contact information provided at the end of this policy.
B. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:
The Digital Horse® will remove or disable access to the content referenced in the claim until the claim can be resolved. An email will be sent to the content provider notifying them that their content had been removed or disabled and will include the rights owner’s (your) email address who submitted the claim.
Listing removal information
C. Procedure to Supply a Counter-Notice to the Designated Agent:
If the content provider, member or user believes that the content that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such content from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
1. A physical or electronic signature of the content provider, member or user;
2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
3. A statement that the content provider, member or user has a good faith belief that the content was removed or disabled as a result of mistake or a mis-identification of the content; and
4. Content provider’s, member’s or user’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which The Digital Horse® is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, The Digital Horse® may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content 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 Digital Horse’s® discretion.
Designated Agent to Receive Notification of Claimed Infringement:
The Digital Horse: INFO@THEDIGITALHORSE.COM