Terms of Service
Last Updated: 15 June 2020
Welcome to #RidersConnected! We’re excited to be able to share our mission with you, to help people connect and stay in touch across the equestrian world. This campaign is presented by EquiRatings with the support of partners the equestrian world who have provided content and resources to allow this campaign to take place.
Please read these Terms of Service (this “Agreement”) carefully. This Agreement is a legal contract between you (“User”, “you” or “your”) and EquiRatings Limited. (“EquiRatings Limited”, “we”, “our” or “us”), which sets out the terms and conditions that govern your use of our website, including the websites located at https://www.ridersconnected.com/, https://www.equiratings.com/, and (collectively, the “Sites”) and any related content, information, services, technology features or resources (collectively with the Sites, the “Services”). By accessing or using the Services or clicking on a button or taking another action to signify your acceptance of this Agreement, you: (1) agree to be bound by this Agreement and any future amendments and additions to this Agreement; (2) represent you are of legal age in your jurisdiction of residence to form a binding contract; and (3) represent that you have the authority to enter into this Agreement personally and, if applicable, on behalf of any company, organization or other legal entity on whose behalf you use the Services. Except as otherwise provided herein, if you do not agree to be bound by this Agreement, you may not access or use the Services.
Ownership of and License to Use the Services
Restrictions on Use of Services
The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, transfer, reproduce, distribute, host or otherwise commercially exploit the Services or any portion of the Services; (b) you shall not enclose any trademark, logo or Services (including content, page layout or form) of EquiRatings Limited or any other partner listed; (c) you shall not use any metatags or other “hidden text” using EquiRatings Limited’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not directly or indirectly “scrape” or download data from the Services (except if we have expressly granted such rights in writing); (f) you shall not access the Services to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the Services may be copied, distributed or republished in any form or by any means; (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services; (i) you shall not interfere with or attempt to interfere with the proper functioning of the Services or use the Services in any way not expressly permitted by this Agreement; and (j) you shall not attempt to harm our Services. Any unauthorized use of the Services terminates the licenses granted by EquiRatings Limited pursuant to this Agreement.
The nature of the Sites means that the Services will contain links to third-party services such as third party websites, applications, or ads (“Third-Party Links”). When you click on such a link, we will not warn you that you have left the Services. EquiRatings Limited does not control and is not responsible for Third-Party Links. EquiRatings Limited does not review, approve, monitor, endorse, warrant, or make any representations with respect to them, or any content, products or services accessible through such links. Your use of all Third-Party Links is at your own risk.
You agree to indemnify and hold EquiRatings Limited, its parents, subsidiaries, affiliates, officers, employees, agents, partners, licensors and suppliers (collectively, the “EquiRatings Limited Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content (if you are a content provider); (b) your use of, or inability to use, the Services; (c) your violation of this Agreement; (d) your violation of any rights of another party, including any Users; or (e) your violation of any applicable laws, rules or regulations. EquiRatings Limited reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with EquiRatings Limited in asserting any available defenses. This provision does not require you to indemnify any of the EquiRatings Limited Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, this Agreement or your access to the Services.
Disclaimer of Warranties and Conditions
YOU UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. EQUIRATINGS LIMITED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES, THIS AGREEMENT AND/OR ANY PRODUCTS SOLD THROUGH THE SERVICES. EQUIRATINGS LIMITED PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT THE SERVICES WILL MEET YOUR REQUIREMENTS. THE LAWS OF CERTAIN STATES DO NOT ALLOW LIMITATIONS OF IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
YOU EXPRESSLY AGREE AND UNDERSTAND THAT EQUIRATINGS LIMITED IS NOT A LICENSED HEALTH CARE PROVIDER AND THAT THE SERVICES ARE NOT A SUBSTITUTE FOR INDEPENDENT MEDICAL CARE BY A QUALIFIED HEALTH CARE PRACTITIONER. EQUIRATINGS LIMITED MAKES NO WARRANTIES OR ASSURANCES WITH RESPECT TO THE THERAPEUTIC BENEFITS OF THE SERVICES.
Limitation of Liability
Disclaimer of Certain Damages
YOU UNDERSTAND AND AGREE THAT EQUIRATINGS LIMITED PARTIES IS NOT LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT EQUIRATINGS LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE SERVICES, INCLUDING PRODUCTS SOLD THROUGH OUR SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR ELECTRONIC TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (5) ANY OTHER MATTER RELATED TO THE SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
Cap on Liability
UNDER NO CIRCUMSTANCES WILL EQUIRATINGS LIMITED PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE TOTAL AMOUNT PAID TO EQUIRATINGS LIMITED BY YOU DURING THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY, (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH CLAIM ARISES, OR (C) ONE HUNDRED DOLLARS ($100).
In addition to all provisions above, the provisions below shall apply to Users that upload, post, e-mail, transmit, or otherwise make Content available through the Services.
Responsibility for Content.
Types of Content
You acknowledge that all information including data, pictures, or other content (“Content”) on the Services is the sole responsibility of the party from whom such Content originated. This means that you, and not EquiRatings Limited, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available through the Services (“Your Content”), and that other Users of the Services, and not EquiRatings Limited, are similarly responsible for all Content they make available through the Services (together with Your Content, “User Content”). Under no circumstances will EquiRatings Limited be liable in any way for any Content of any third parties (including Users), including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any such Content.
No Obligation to Pre-Screen Content
You acknowledge that EquiRatings Limited has no obligation to pre-screen Content (including, but not limited to, User Content), although EquiRatings Limited reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into this Agreement, you hereby consent and agree that you will never revoke such consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content. In the event that EquiRatings Limited pre-screens, refuses or removes any Content, you acknowledge that EquiRatings Limited will do so for EquiRatings Limited’s benefit, not yours. Without limiting the foregoing, EquiRatings Limited shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
Ownership of Your Content
EquiRatings Limited does not claim ownership of Your Content. You are solely responsible for all Your Content and you represent, warrant and covenant that Your Content will not (a) infringe or misappropriate any intellectual property or other rights of a third party, (b) contain software viruses or similar computer code, or (c) be unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene or otherwise objectionable. Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in the Services.
License to Your Content
While you retain ownership of Your Content, you acknowledge that we need to use Your Content in connection with providing the Services and otherwise in connection with our business operations. You hereby grant to EquiRatings Limited and its affiliates a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicenseable license to copy, distribute, display, modify and otherwise use Your Content in connection with providing the Services and otherwise in connection with our business operations.
You acknowledge and agree that EquiRatings Limited may create such aggregated and/or anonymized data from or using Your Content and other metrics related to your usage of the Services. You hereby consent to EquiRatings Limited’s use of such aggregated and/or anonymized data in connection with its operational analytics and reporting. You acknowledge and agree that EquiRatings Limited may copy, display, distribute, modify, transfer, disclose and otherwise use any such aggregated and/or anonymized data. The foregoing rights set forth in this paragraph are perpetual, irrevocable, worldwide, transferable and sublicenseable by EquiRatings Limited. Please note that other Users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of the Services.
Do not send us confidential information in Your Content.
Please note that User Content will not be treated as confidential information – accordingly, you agree not to submit to us any information or ideas that you consider to be confidential or proprietary. You acknowledge that your communications with other Users via the Services are public and not private communications, and that you have no expectation of privacy in respect of such communications.
Without limiting the foregoing, you acknowledge and agree that we may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce this Agreement; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of EquiRatings Limited, its Users and the public. You understand that the technical processing and transmission of the Services, including Your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
Other Restrictions on User Conduct
You agree not to use the Services for any purpose prohibited by this Agreement or by applicable laws or regulations. You shall not (and shall not permit any third party to) (a) take any action or (b) make available any content on or through the Services that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves any commercial activities and/or sales without EquiRatings Limited’s prior written consent; or (v) impersonates any person or entity, including any employee or representative of EquiRatings Limited.
You agree that you shall not be entitled to any monetary compensation in connection with Your Content.
EquiRatings Limited respects the intellectual property of others, and we ask our Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify EquiRatings Limited of your infringement claim in accordance with the procedure set forth below.
The communications between you and EquiRatings Limited use electronic means, whether you visit the Services or send EquiRatings Limited e-mails, or whether EquiRatings Limited posts notices on the Services or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from EquiRatings Limited in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that EquiRatings Limited provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
You hereby release EquiRatings Limited and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Services, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of this Agreement or your use of the Services. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a EquiRatings Limited Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Sites or any Services provided hereunder.
This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without EquiRatings Limited’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. EquiRatings Limited may freely assign this Agreement, and subcontract, delegate or otherwise transfer its rights and obligations hereunder, without your consent.
EquiRatings Limited shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, a pandemic, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
Use of the Services
EquiRatings Limited, and its licensors and partners own all rights, title and interest in the Services (other than User Content, as defined below). The Services are protected by copyright and other intellectual property laws throughout the world. You agree to use the Services solely for your personal non-commercial purposes. Unless otherwise expressly authorized herein or in the Services, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Services, use of the Services, or access to the Services. Any future release, update or other addition to the Services shall be subject to this Agreement. EquiRatings Limited, its licensors and suppliers reserve all rights not granted in this Agreement.
EquiRatings Limited’s stylized name and other related graphics, logos, service marks and trade names used on or in connection with the Services are the trademarks of EquiRatings Limited and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners. You will not remove, alter or obscure any copyright notice, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. Nothing in this Agreement or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the trademarks displayed on the Services, without our prior written permission in each instance.
Changes to Terms of Service
We reserve the right, at Our sole discretion, to modify or replace these terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.