ShowHorse.co gladly provides its service to you, subject to the following Terms of Service ("TOS") to which we must regretfully require your agreement. We wish such long-winded agreements were not necessary. ShowHorse.Co's TOS, privacy policy, and acceptable use policy may be updated by us from time to time without notice to you. In consideration for your use of ShowHorse.Co Services, you agree to accept all TOS, together with any modifications or amendments thereto. Throughout the TOS, the term "you" or “User” shall mean the user of the service, whether that user is a natural person, corporation or other entity. We will always post updated TOS on our ShowHorse.Co. In addition, when using particular ShowHorse.Co's services, you and ShowHorse.Co shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules (including but not limited to our Privacy Policy) are hereby incorporated by reference into the TOS. ShowHorse.Co may also offer other services that are governed by different Terms of Service.
ShowHorse.Co currently provides users with access to a rich collection of resources including various communication tools, advertising services, and personalized content. You understand and agree that the Service may include advertisements and that these advertisements are necessary for ShowHorse.Co to provide the Service. You also understand and agree that the Service may include certain communications from ShowHorse.Co, such as service announcements, administrative messages, advertising partner messages and the ShowHorse.Co Newsletter, and that these communications are considered part of ShowHorse.Co membership. You may opt out of receiving the newsletter and advertising partner messages. Unless explicitly stated otherwise, any new features or Services that augment or enhance the current Service, including the release of new ShowHorse.Co properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that ShowHorse.Co assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
You agree to pay, in advance, all amounts or fees owed to ShowHorse.Co for the placement of your Ad, whether or not you upload a photo or video with your Ad. Upon ShowHorse.Co's receipt of all amounts or fees owed for the selected Ad, you shall have the right to upload a photo or video with your Ad at anytime up and until the expiration or cancellation of the Ad, whichever occurs first. If you elect to place a photo or video with your Ad, you shall have the responsibility of providing and uploading your photo or video with your Ad. The photo or video upload shall comply with all requirements and procedures set forth by ShowHorse.Co. ShowHorse.Co may, upon request, provide technical assistance if needed.
ShowHorse.Co does not expressly or impliedly guarantee the sale of your horse, your horse's services, nor the owner's products or services. All advertisement listings are subject to reasonable editorial changes to maintain the integrity and prestige of our service.
If you provide contact information for people interested in your horse(s) products or services, ShowHorse.Co is not responsible for any misuse of this information. It is your responsibility to remove your ad from the ShowHorse.Co service upon sale or transfer. ShowHorse.Co is not responsible for typos or accidental errors appearing on the service. ShowHorse.Co is not responsible for violations created or caused by service users and/or customers. Potential violations include, but are not limited to: copyright, trademark, trade names, patents, or other violations of any local, state, federal or international laws. ShowHorse.Co, in its sole discretion, may display your classified ad on any, some or all of its partner Networks without your consent.
We suggest that you report any incidents of fraud to the Internet Crime Complaint Center and your local authorities. Subject to court order or law enforcement directions ShowHorse.Co reserves the right to remove or not remove an ad based on the accusation of fraud. Postings on ShowHorse.Co are dynamic and ShowHorse.Co is not responsible for saving variations and changes to postings. ShowHorse.Co does not as a matter of course retain copies of expired postings.
Only one horse for sale, lease or stud per listing.
ShowHorse.Co does not guarantee the sale of your horse, your horse's services, your products or services or any other product or service advertised on ShowHorse.Co’s site. ShowHorse.Co does not guarantee the owner/seller's services, representations, or any horse's performance or fitness for a particular purpose. In addition, ShowHorse.Co strongly recommends that a pre-purchase exam should be performed by the buyer's equine veterinarian of choice, on any horse prior to purchase. ShowHorse.Co does not guarantee or warrant the performance of any person or entity advertising on its site. ShowHorse.Co does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ShowHorse.Co has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ShowHorse.Co has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). When you create an ShowHorse.Co Account and allow your child to access the account, you certify that you are at least 18 years old and that you are the legal guardian of the child/children using the ShowHorse.Co account. By allowing a child to use your ShowHorse.Co account, you also give your child permission to access all of the Services including, email, messaging, and comments (among others). Please remember that the service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content (as defined in Section 8 below) are appropriate for your child.
Registration Data and certain other information about you is subject to our Privacy Policy. Our privacy policy, together with any amendments thereto, is incorporated by reference to the TOS as though set forth herein.
You will receive a password and account designation upon completing the Service's member 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 ShowHorse.Co 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. ShowHorse.Co shall not be liable for any loss or damage arising from your failure to comply with this Section 5, including, but not limited to, any unauthorized use.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (hereinbefore and after the "Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not ShowHorse.Co, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. ShowHorse.Co does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will ShowHorse.Co be liable in any way for any Content, 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 Content posted, emailed, transmitted or otherwise made available via the Service.
If you see slanderous or malicious Content on our site, please notify us We will, in our sole discretion remove any Content deemed malicious, scandalous, harmful or inconsistent with the integrity and prestige of our Service. If you see a possible stolen or missing horse listed on our site for sale, please contact us and it will be removed as soon as possible after verification of claim has been received from an appropriate authority. Please report any violations of the TOS to our ShowHorse.Co.
You agree that you have evaluated the risks of using the Service, including, but not limited to, misuse of your information by third parties, damage to your computer or system through the use of the Service and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. As a result, you agree to assume all risks associated with the use of any Content. In this regard, you acknowledge that you may not rely on any Content created by ShowHorse.Co.
You acknowledge, consent and agree that ShowHorse.Co may access, preserve, and disclose your account information and Content if required to do so by law or ShowHorse.Co reasonably believes in good faith that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of ShowHorse.Co, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by ShowHorse.Co and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
You acknowledge the global nature of the Internet and you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
ShowHorse.Co does not claim ownership of any Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant ShowHorse.Co the following world-wide, royalty free and non-exclusive license(s), as applicable:
The license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting ShowHorse.Co to which such Content was submitted or made available. This license exists in perpetuity.
"Publicly accessible" areas of the Service are those areas of the ShowHorse.Co network of properties that are intended by ShowHorse.Co to be available to the general public.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your ShowHorse.Co ID), use of the Service, or access to the Service. You may create Content on behalf of another so long as they have agreed to all site terms. You may not present or hold yourself out as a representative of Equine or represent Equine in any way.
You acknowledge that ShowHorse.Co may establish general practices and limits concerning use of the Service, including without limitation the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that ShowHorse.Co 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 ShowHorse.Co reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that ShowHorse.Co reserves the right to modify these general practices and limits from time to time.
ShowHorse.Co reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that ShowHorse.Co shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that ShowHorse.Co may, under certain circumstances and without prior notice, immediately terminate your ShowHorse.Co account, any associated Content, and access to the Service. Grounds for such termination shall include, but shall not be limited to, (a) breach or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and/or (f) extended periods of inactivity, (g) failure to pay for the Service, and (h) violations of any law, statute, treaty or rule pertaining to your use or connection to the Service. Termination of your ShowHorse.Co account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in ShowHorse.Co's sole discretion and that ShowHorse.Co shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.
Your correspondence or business dealings with, or participation in promotions with, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that ShowHorse.Co shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide or third parties may provide links to other World Wide Web sites or resources. Because ShowHorse.Co has no control over such sites and resources, you acknowledge and agree that ShowHorse.Co is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that ShowHorse.Co shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by ShowHorse.Co or advertisers, you agree not to use, modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
If you intend to create or join any Service, receive or request any news, messages, alerts or other information from the Service concerning loans, insurance or other financial, real estate or legal services or issues, please read the above Sections 19 and 20 again. The Service is provided for informational purposes only. ShowHorse.Co, its agents, officers, employees, successors, assigns or licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any decisions made based on such information.
You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.
ShowHorse.Co may provide you with notices, including those regarding changes to the TOS, by either email, regular mail, or postings on the Service.
The ShowHorse.Co logo, trademarks and service marks and other ShowHorse.Co logos and product and service names are trademarks of ShowHorse.Co. (hereinafter collectively the "ShowHorse.Co Marks"). Without ShowHorse.Co's prior written permission, you agree not to display or use in any manner, the ShowHorse.Co Marks.
ShowHorse.Co respects the intellectual property of others, and we ask our users to do the same. ShowHorse.Co may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may infringe on the copyrights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide ShowHorse.Co the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
ShowHorse.Co's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:ShowHorse.Co Copyright Dept. P.O. Box 4714, San Luis Obispo, CA 93403
Entire Agreement. The TOS constitute the entire agreement between you and ShowHorse.Co and governs your use of the Service, superceding any prior agreements between you and ShowHorse.Co. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other ShowHorse.Co services, affiliate services, third-party content or third-party software.
No Right of Survivorship and Non-Transferability. You agree that your ShowHorse.Co account is non-transferable and any rights to your ShowHorse.Co member account, password, ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Miscellaneous. If any provision in the TOS is held to be illegal, invalid or unenforceable, such provision shall be reformed to reflect the intent of the parties and the economics of the transaction and the validity, legality or enforceability of the remaining provisions will not, in any way, be affected or impaired thereby.
Headings contained in the TOS are included for convenience only and form no part of the agreement between the parties. If a question of interpretation arises, the Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provision of this Agreement.
If you select a custom dedicated domain for your account, we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
