WikiHorseWorld.com Terms of Use Agreement

WikiHorseWorld.Com Terms of Use Agreement

April 4, 2013

 


1. Introduction


WikiHorseWorld.com is an equine community website offering horse related classifieds, a pedigree system, wiki articles, an equine social network, a tack shop and many other equestrian products and services (collectively the "services") all of which are hosted in the United States. This Terms of Use Agreement (the "Agreement") sets forth the legally binding terms, your rights, obligations and restrictions regarding your use of WikiHorseWorld.com. By using or visiting this Website, you accept all the terms and provisions of this Agreement and you further affirm your acceptance of this Agreement by creating a Member Account on this Website. WikiHorseWorld.com is owned by Dream World Technology, Inc. and in this Agreement, WikiHorseWorld.com and Dream World Technology, Inc. are collectively referred to as "WikiHorseWorld", "Website", "our", "us", or "we". Unless otherwise defined in this Agreement, the terms used in this Agreement have the same meaning as in WikiHorseWorld's Privacy Policy accessible here ( https://wikihorseworld.com/privacy.php).

 

By using or visiting the Website, you agree to be bound by this Agreement, whether you are a "Visitor", (i.e. someone just browsing or viewing the Website) or a "Member," (i.e. someone who has "Registered" with or "Joined" the Website). The term "User" encompasses both Visitors and Members. You are authorized to use this Website (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws, rules, regulations and to the terms of this Agreement. If you do not agree with the terms of this Agreement, please leave the Website, discontinue any further use of the Website and if already registered, please login and terminate your Member Account by clicking "Community" (at the top) and then hover over "My Account" and click "Unregister". If you wish to use this Website, you must accept the terms of this Agreement during the registration process. You can print a copy of this Agreement during registration or by clicking the Terms of Use link at the bottom of every WikiHorseWorld web page.

 


2. Eligibility


Use of the Website is void where prohibited. By using the Website, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are at least 13 years of age, and (d) your use of the Website does not violate any applicable laws, rules or regulations.

 


3. Term


This Agreement shall remain in full force and effect (i) whenever you use or visit this website, (ii) during the time that you maintain a Member account on this Website and, (iii) even after your Member account on this Website is terminated. You may terminate your Member Account at any time, for any reason, by logging in and clicking "Community" (at the top) and then hover over "My Account" and click "Unregister". WikiHorseWorld reserves the right to delete your Member Profile and terminate your Member Account at any time, without warning, explanation or liability for any or no reason.

 


4. Changes to this Agreement


WikiHorseWorld may modify this Agreement from time to time and any such modifications shall be effective upon posting by WikiHorseWorld. You agree to be bound by any changes made to this Agreement when you use the Website after any such modifications are posted. Therefore, it is important that you review this Agreement regularly to ensure you are updated about any changes to this Agreement. We will notify you of any changes to this Agreement by posting a new Agreement and updating the date at the top of this page. Your continued use of the Website after we post a revised Agreement signifies your acceptance of the revised Agreement.

 


5. Member Accounts


All Website Visitors can view pages on the Website however to use our services, you must join WikiHorseWorld and become a Member. Membership enables you to post horse-related classified ads, pedigree data, Wiki articles and interact with other horse lovers in our equine community. To become a registered Member of WikiHorseWorld just click the Join button located on the main home page or near the top of every web page (if you're not logged in). When you create a Member Account, we will request that you enter certain information into your Member Profile ("Profile"). You must make a valid entry into all of the required fields of your profile which are marked with a red asterisk. When finished, just click the "Join Now" button at the bottom. If you neglected to make a valid entry into any required fields, you may notice one or more red exclamation marks. If this occurs, simply correct the information next to the red exclamation mark(s) and then click the "Join Now" button again. You may not (i) create multiple Member Accounts, (ii) use another Member's Account, or (iii) create a Member account with the intention to misrepresent your identity to other Members.

 


6. Member Profile Information


Your Member Profile contains all the information you voluntarily provide to become a registered Member of WikiHorseWorld. During registration, we will request a user name and password (used to log into WikiHorseWorld) plus your full name and email address (so we can identify and contact you). You must provide this information to become a registered Member of WikiHorseWorld, however, you can control who is able view your Profile Information using your Privacy Settings. For details about using your Privacy Settings, please see WikiHorseWorld's Privacy Policy (which is incorporated herein by reference) by clicking the Privacy link at the bottom of every WikiHorseWorld web page. Providing false information during registration shall constitute a breach of this Agreement. After registration, you can edit your Profile to enter additional information including, but not limited to, your gender, birthday, country, home address and telephone number (to automate the classified checkout process) plus a photo (avatar), a brief description of yourself and your hobbies and interests to share with other Users. Occasionally, after logging into the Website, you may be prompted to review your profile information to insure its accuracy or to enter additional information.

 


7. User Name and Password


When you sign up for a Member Account, you will be asked to select a User Name and Password which you will use to log into WikiHorseWorld. You may not select a User Name (i) of another person with the intent to impersonate that person or entity; (ii) that violates the intellectual property rights or copyrights of other persons or entities; (iii) that creates a false identity for the purpose of deceiving other users or, (iv) that WikiHorseWorld, in its sole discretion, deems offensive or inappropriate. You are solely responsible for maintaining the confidentiality and security of your Member Account and of your password. You agree that you will not disclose your password to anyone else and that you will notify us immediately if you suspect any unauthorized use of your Member Account or access to your password. You are solely responsible for the use of your Member Account including, but not limited to, all actions, communications, financial transactions and all text, photos or videos published or displayed on or through the Website. WikiHorseWorld expressly disclaims any and all responsibility or liability for the misuse of Member Accounts including, but not limited to, other persons using your Member Account with or without your authorization.

 


8. Warning about Sharing Personal Information


All Users of the Website should use extreme caution before sharing, posting, publishing or otherwise distributing any personal information about themselves, friends, family members, associates or acquaintances on or through this Website or any other website. All Website Users should take whatever steps necessary to insure and verify the honesty, integrity, authenticity and character of the person or persons with whom they're communicating before sharing or posting any personal information including, but not limited to, your phone number, email address, home address, name, or bank card, credit card or debit card account numbers. Website Users under the age of 18 should get the permission of a parent or guardian before creating a Member Account on this Website or sharing, posting, publishing or distributing any personal information on or through this Website. WikiHorseWorld expressly disclaims any and all responsibility or liability for any injury, death, loss of money, revenue or profit or the loss of or damage to property or livestock as a result of you sharing personal information about yourself, friends, family members, associates or acquaintances on or through the Website.

 


9. Commercial Use of WikiHorseWorld


Use of the WikiHorseWorld website/services is permitted only for the personal use of our Members and for horse-related commercial purposes such as businesses involving:

  • Horse breeding and selling
  • Horse registries, associations and clubs
  • Equine stud services or semen providers
  • Horse related products, tack, supplies and accessories
  • Horse saddles
  • Trailers for horses or other livestock
  • Hay for horses or other livestock
  • Properties or real estate suitable for horse owners
  • Horse related services such as veterinarians, farriers, trainers and transporters
  • Horse related events such as shows, races, competitions or rodeos
  • Horse related publishing such as magazines or websites about horses
  • Horse related media such as books, photos or videos about horses
  • Horse related advertising, marketing or promotional services


This Website may not be used for, or in connection with, any non-horse-related commercial purposes of any kind except those that are specifically endorsed and approved by WikiHorseWorld in writing. Illegal, commercial, and/or unauthorized use of the Website including, but not limited to, collecting Member names or email addresses for any reason such as sending unsolicited bulk email, unauthorized framing of or linking to the Website, automated download of Content from the Website (e.g. "scraping"), or any automated use of the Website without the express written permission of WikiHorseWorld is strictly prohibited. A User may not distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any information obtained from this Website without prior written approval from WikiHorseWorld. Appropriate legal action will be taken for any illegal, automated and/or unauthorized use of the Website or for any non-horse-related commercial use of this website.

You may not use this website for, or in connection with, any commercial activities if you are located in a country embargoed by the United States or are on the U.S. Treasury Department's list of Specially Designated Nationals. WikiHorseWorld reserves the right to remove/delete any commercial content from the website in our sole discretion without notice, explanation or liability.  Using information gathered from WikiHorseWorld commercially, unless expressly authorized by WikiHorseWorld in writing, is strictly prohibited and constitutes a violation of this Agreement.

 


10. Authorship of Content


When you create or edit any Content within the Website (for example Content in Wiki Articles, Forums, Classifieds, Pedigrees, or Blogs) you are publishing a document. This is a public act and your User Name may be identified publicly with that document (or edition thereof) as its author. Simply viewing Content does not expose your User Name publicly. You must be logged in to edit, post or publish Content within the Website. When you are logged in, you will be identified by your User Name. This may be your real first name if you so choose, or whatever User Name you selected when you created your Member account. Think about this when choosing a User Name.

 

In almost all cases, your IP address will not be made available to the public. WikiHorseWorld will only disclose your IP address if you've violated or threatened to violate the terms of this Agreement or if WikiHorseWorld has a reasonable belief that such violations have occurred. This includes, but is not limited to, cases of abuse, including vandalism of Content by you or by another User with the same IP address. In all cases, your IP address will be stored on WikiHorseWorld's servers and can be seen and tracked by WikiHorseWorld's server administrators. Your IP address, and any information associated with the User Names that share it, may be released under subpoena. Remember to log out or disconnect yourself after each Website session on a shared computer so that others are not allowed to use your Member Account.

 

You are solely responsible for the Content that you post on or through the Website, all text, photos, videos or other information that you transmit to other Users, and for your interactions, communications or financial transactions with other Users. WikiHorseWorld does not endorse and has no control over Member Content. Member Content is not necessarily reviewed by WikiHorseWorld prior to posting and does not necessarily reflect the opinions or policies of WikiHorseWorld. WikiHorseWorld makes no warranties, express or implied, regarding the accuracy, reliability or suitability of the Content or any material, communications or information that you transmit to or receive from other Users.

 

WikiHorseWorld does not endorse any Member Content or any opinions, recommendations, or advice posted by Members. WikiHorseWorld expressly disclaims any and all responsibility and/or liability for Content posted on the Website including, but not limited to, inaccurate, false, fraudulent, criminal, illegal, inappropriate, offensive, objectionable, sexually explicit or personally identifying Content. WikiHorseWorld does not permit copyright infringing activities or the infringement of intellectual property rights on the Website and WikiHorseWorld will remove Content if properly notified that such Content infringes on another's intellectual property rights or copyrights (see section 13 named "Protecting Copyrights"). WikiHorseWorld reserves the right to remove or delete Content without prior notice or liability for any or no reason. If you become aware of the misuse of WikiHorseWorld by any person or entity, please inform WikiHorseWorld immediately by using the Contact Us link located at the bottom of every WikiHorseWorld web page.

 


11. Proprietary Rights on Content within WikiHorseWorld


 

A. Ownership of Content
WikiHorseWorld does not claim any ownership rights in the text, files, images, photos, videos, sounds, musical works, works of authorship, or any other materials (collectively "Content") that you add, enter, edit, modify, upload, contribute, transmit, publish or save (collectively "post") on or to the Website. After posting your Content to the Website, you continue to retain all ownership rights to such Content and you continue to have the right to use your Content any way you choose.

 

B. Right to Post Content
By posting Content on or through the Website, you represent and warrant that: (i) you own such Content or otherwise have the legal right to grant the Member Content License set forth in this section, and (ii) the posting of your Content on or through the Website does not violate the trademarks, privacy rights, publicity rights, copyrights, intellectual property rights, contractual rights or any other rights of any other person or entity. You agree to pay for all royalties, legal, accounting or collection fees, and any other monies owed to any person or entity as a result or by reason of any Content posted by you on or through the Website.

 

C. Content Used or Posted by Others
The Website contains the Content of other WikiHorseWorld Members and other WikiHorseWorld licensors. Except for Content posted by you, you may not copy, modify, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any Content appearing on or through the Website unless such privileges are specifically set forth in this Agreement. WikiHorseWorld expressly disclaims any and all responsibility or liability for the misuse or the unauthorized reproduction, transmission, display, broadcast, publication or distribution of any of the Content you post on or through the Website by other Users.

 

D. Content Owned by WikiHorseWorld
The Website contains Content owned by WikiHorseWorld ("WikiHorseWorld Content"). WikiHorseWorld Content is protected by copyright, trademark, patent, trade secret and other laws and WikiHorseWorld owns and retains all rights to the WikiHorseWorld Content and Services. WikiHorseWorld hereby grants you a limited, revocable, non-sub-licensable license to reproduce and display the WikiHorseWorld Content (excluding any software or computer source code) solely for your personal use or for use by horse-related commercial businesses such as those listed above in Section 9.

 

E. Our Use of the Content You Post
By posting Content on or through the Website, you hereby grant us a worldwide, non-exclusive, transferable, sub-licensable, fully-paid and royalty-free license (your "Member Content License") to use, store, modify, publicly perform, publicly display, translate, reproduce, copy, adapt, transfer, transmit, stream, broadcast, create derivatives of, publish, commercialize and distribute such Content in any and all media or distribution methods (now known or later developed). You agree that your Member Content License includes the right for WikiHorseWorld to make certain Content available to other companies, websites, organizations or individuals with whom WikiHorseWorld is associated or affiliated for the syndication, broadcast, distribution or publication of such Content on other media and services (collectively "Affiliate Publishers"). Content which we may, in our sole discretion, make available to such Affiliate Publishers includes all Content you post on or through the website except for all "personally-identifying information" in your community profile and all community content to which you have assigned a "Privacy Group" other than "Public" (see Privacy Settings and our Privacy Policy for further details). Your Member Content License will terminate within a commercially reasonable amount of time after you remove or delete your Content from the Website or terminate your Member account however WikiHorseWorld expressly disclaims any responsibility or obligation to delete or remove Content distributed to Affiliate Publishers prior to the termination of your Member Content License.

 

F. Content Posted to Wiki and Pedigree Sections
Please note that the Wiki Article and Pedigree Database sections of this Website are covered by Member Content Licenses that are different than the above Member Content License. Please refer to the "Pedigree Database" section (Section 16) and the "Wiki Article" section (Section 17) of this Agreement for details.

 


12. Deletion of Content


WikiHorseWorld reserves the right to delete any Content that, in the sole judgment of WikiHorseWorld, (i) may violate any term or provision of this Agreement, (ii) may be illegal, offensive or inappropriate, (iii) may violate the rights of, harm or threaten the safety of any other person or entity, (iv) may violate any applicable laws, rules or regulations, or (v) is in no reasonable way horse-related. WikiHorseWorld expressly disclaims any and all responsibility for monitoring the Website for inappropriate Member Content or Conduct. If at any time WikiHorseWorld chooses, in our sole discretion, to monitor the Website's Content or the conduct of our Members, WikiHorseWorld nonetheless assumes no responsibility or liability for any Website Content, no obligation to modify or remove inappropriate Content, and no responsibility or liability for the conduct or activities of its Members. WikiHorseWorld reserves the right to restrict, suspend or terminate your access to all or any part of the Website at any time, for any or no reason, with or without prior notice and without liability.

 

The deletion or removal of Content from the Website by a User does not necessarily permanently delete that Content. Other Website Users may be able to view, copy, reproduce, edit and/or restore Content which has been removed or deleted. In addition, Content which has been emailed, sent, distributed or transmitted, either by you or by WikiHorseWorld, to other companies, websites, organizations or individuals may persist and remain visible until such time (if ever) that person or entity deletes that Content. Certain content can only be permanently deleted by WikiHorseWorld Administrators however WikiHorseWorld makes no guarantee that Content which has been deleted by a User will be permanently deleted.

 


13. Protecting Copyrights


If you are a copyright owner or an agent thereof and believe that any Content contained within the Website infringes upon your copyrights, you may submit a DCMA Notification pursuant to the Digital Millennium Copyright Act of 1998 ("DMCA") by providing our Copyright Agent with the following information in writing (Click Here for further details):

 

  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
  • Identification of the Content on WikiHorseWorld that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit WikiHorseWorld to locate this Content (providing URL(s) of the allegedly infringing Content is the best way to help us locate Content quickly);
  • Information reasonably sufficient to permit WikiHorseWorld to contact you, including your full name, home address, telephone number and email address;
  • The statement "I swear, under penalty of perjury, that I have a good faith belief that use of the Content in the manner complained of is not authorized by the copyright owner, its agent or the law";
  • The statement "I swear, under penalty of perjury, that the information contained in this DCMA Notification is truthful and accurate and that I am the copyright owner or have been authorized to act on the copyright owner's behalf"; and
  • Your physical or electronic signature

 

If you believe that your Content which was removed (or to which access was disabled) is not infringing or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use that Content, you may send a DCMA Counter-Notice containing the following information to our Copyright Agent:

 

  • Identification of the Content that has been removed or to which access has been disabled and the specific URLs on which the Content appeared before it was removed or disabled;
  • Your full name, home address, telephone number, email address, and the User Name of your WikiHorseWorld Member account.
  • The statement "I swear, under penalty of perjury, that I have a good faith belief that the Content was removed or disabled as a result of a mistake or a misidentification of the Content.";
  • The statement "I consent to the jurisdiction of the courts in Greene County, Missouri, USA and will accept service of process from the person or entity who provided notification of the alleged infringement."; and
  • Your physical or electronic signature

 

We can only accept DCMA Counter-Notifications from the Member who originally posted the Content which has been removed or disabled. For verification, we require that the DCMA Counter-Notification includes the email address associated with that Member account. If a DCMA Counter-Notice is received by our Copyright Agent, WikiHorseWorld may send a copy of the DCMA Counter-Notice to the original complaining party informing that person or entity that we 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 (User who posted the Content), the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the DCMA Counter-Notice at WikiHorseWorld's sole discretion.

 

You may contact WikiHorseWorld's designated Copyright Agent by mailing to: Dream World Technology, Inc., P.O. Box 520, Bolivar, MO 65613-0520. You acknowledge that if you fail to comply with all of the requirements of this Section your DMCA Notice and/or your DCMA Counter-Notice will not be valid.

 


14. Prohibited Content and Prohibited Activity


 

A. Prohibited Content
The following is a partial list of the type of Content that is illegal or prohibited to post on or through the Website. WikiHorseWorld reserves the right to investigate and take appropriate legal action against anyone who, in WikiHorseWorld's sole discretion, violates this provision, including without limitation, removing the offending Content from the Website, terminating the Member Account(s) of such violator(s) and/or reporting such Content or activities to law enforcement authorities. Prohibited Content includes, but is not limited to, Content which in the sole discretion of WikiHorseWorld:

 

  • Is patently offensive or promotes/incites racism, bigotry, hatred or physical harm of any kind against any group, individual or entity;
  • Harasses or advocates harassment of another person or entity;
  • Exploits people in a sexual or violent manner;
  • Contains nudity or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable or offensive subject matter or contains a link to an adult website;
  • Knowingly solicits or is designed to solicit personal information from any person for any reason;
  • Creates a privacy or security risk to any person or entity
  • Promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • Promotes an illegal or unauthorized copy of another person's copyrighted work including, but not limited to, pirated computer programs, music or movies or links to pirated computer programs, music or movies, or information designed to circumvent manufacturer installed copy protection devices or methods;
  • Involves the transmission of junk mail, chain letters, spam, unsolicited bulk email or instant messages, spimming, spamming or any other unsolicited bulk communications of any kind;
  • Contains links or Content from restricted access pages, pages requiring a password or hidden pages or images which are not linked to or from another publicly accessible page;
  • Solicits or is designed to solicit passwords or personal information for commercial or unlawful purposes from other Users;
  • Involves unauthorized commercial activities and/or sales without WikiHorseWorld's prior written consent including, but not limited to, contests, sweepstakes, barter, advertising, or pyramid schemes;
  • Includes a photograph or video of another person that you have posted without that person's consent;
  • Contains information about criminal or tortious activities including, but not limited to, child pornography, fraud, trafficking in obscene material, drug dealing, harassment, stalking, spamming, spimming, sending of viruses or other harmful computer/server files, buying illegal weapons, patent infringement or theft of trade secrets;
  • Violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights, intellectual property rights or any other rights of any person or entity;
  • Is not, in any reasonable way, horse-related;
  • Is inconsistent with any and all applicable laws, rules, regulations or provisions of this Agreement;
  • Involves illegal gambling, including offshore and domestic gambling and gambling websites that are prohibited from operation in the United States, provided however, that Content related to horse race gambling which is legal in the United States is not prohibited Content for this Website.

      
B. Prohibited Activity
The following is a partial list of the type of Activities that are illegal or prohibited on or through the Website. WikiHorseWorld reserves the right to investigate and take appropriate legal action against anyone who, in WikiHorseWorld's sole discretion, violates this provision, including without limitation, removing the offending Content from the Website, terminating the Member Account(s) of such violator(s) and/or reporting such Content or activities to law enforcement authorities. Prohibited activity includes, but is not limited to, activity which, in the sole discretion of WikiHorseWorld, involves:

 

  • Criminal or tortious activity of any kind including, but not limited to, child pornography, fraud, trafficking in obscene material, drug dealing, gambling which is illegal in the United States, harassment, defamation, stalking, spamming, spimming, sending of viruses or other harmful computer/server files, copyright infringement, patent infringement, infringement of intellectual property rights or theft of trade secrets;
  • Covering or obscuring any of the banner advertisements, buttons, links, or Content on any WikiHorseWorld web page via HTML, CSS or any other means;
  • Circumventing, modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify any security technology or software that is part of this Website;
  • Activity involving the use of viruses, bots, worms, or any other computer/server code, files or programs that can or have the potential to interrupt, destroy or limit the functionality of any computer/server software or hardware, or otherwise permit the unauthorized use of or access to a computer/server or a computer/server network;
  • Modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any Content from the Website other than your Content which you legally post on or through the Website in accordance with the terms of this Agreement;
  • Providing, using, distributing, or encouraging or assisting others to use “tracking” or monitoring software or functionality in connection with the Website including, but not limited to, identifying, counting or otherwise tracking the page views, actions or activities of other users of the Website;
  • Any automated use of the Website including, but not limited to, using software, scripts or bots to join the website, add Members, send comments, messages, email, or forum/blog entries, upload or download Content, cause a denial of service, or harvesting email addresses or other Content or information from the Website for any purpose such as sending unsolicited or unauthorized email, materials or communications of any kind;
  • Interfering with, disrupting or creating an undue burden on WikiHorseWorld servers or the networks connected to the Website;
  • Impersonating or attempting to impersonate another Member, person, entity, or a WikiHorseWorld employee, administrator or moderator, or creating a false identity for the purpose of deceiving another user (including, without limitation, the use of email addresses associated with or of any of the foregoing);
  • Using the Member account or User Name of other Members or disclosing your password to any third party or permitting any third party to access your Member account;
  • Selling or otherwise transferring your Member Profile or your Member Account to another person or entity;
  • Using or attempting to use any Content or information obtained from WikiHorseWorld in order to harass, abuse, or harm another person or entity or encouraging or assisting others to do the same;
  • Displaying or posting any unauthorized commercial advertisements, Content, or links to commercial websites on WikiHorseWorld, accepting payment or anything of value from a third party in exchange for performing unauthorized commercial activities on or through the Website, or sending email, text messages or communications of any kind with an unauthorized commercial purpose;
  • Relaying email from a third party mail server without the written permission of WikiHorseWorld and of the third party;
  • Using invalid or forged headers to disguise the origin of any Content posted on or through the Website or otherwise misrepresenting yourself or the source of any message or Content;
  • Activities involving excessive or automated clicking (e.g. "click fraud") of pay per click advertisements or any other Content posted on the Website;
  • Using WikiHorseWorld in a manner inconsistent with any and all applicable laws, rules, regulations, or provisions of this Agreement;
  • Using the Website to transmit any chain letters, junk email, spam, or unsolicited bulk email or text messages to others. In order to protect our Members and the public from such advertising or solicitation, WikiHorseWorld reserves the right to restrict the number of emails or instant messages which a Member may send to a number which WikiHorseWorld deems appropriate in its sole discretion.

 

If you post or transmit any of the above prohibited Content on or through the Website or participate in any of the above prohibited activities, you acknowledge that you will have caused substantial harm to WikiHorseWorld and that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay WikiHorseWorld $50 for each such act of prohibited activity and each such posting or transmission of prohibited Content on or through the Website.

 


15. WikiHorseWorld Tack Shop


WikiHorseWorld.com is an associate of Amazon.com ("Amazon") and therefore, WikiHorseWorld is able to offer Users a very broad selection of equine products, tack, supplies, accessories, and literature in WikiHorseWorld's Tack Shop ("Tack Shop"). WikiHorseWorld provides the products shown in our Tack Shop as a service to our Users through a special arrangement with Amazon.com and WikiHorseWorld expressly disclaims any and all responsibility or liability for any products, services, purchases or transactions conducted through or obtained from our Tack Shop. Depending on the product, products available in the Tack Shop may be purchased from third parties or directly from Amazon (collectively the "Seller"). Because WikiHorseWorld is not, in any way, involved in the completion of sales or transactions conducted through the Tack Shop, Users must contact the Seller directly for any or all of the following issues:

 

  • To check on your order or shipment status;
  • To cancel an order;
  • To request a refund;
  • To return an order;
  • To resolve disputes regarding the order;

 

WikiHorseWorld does not contact customers on behalf of either buyers or sellers and we do not mediate in disputes. You are, however, protected by Amazon's A-to-Z Guarantee in the event that you cannot reach an amicable agreement with the Seller. You can locate a Seller's email address, find information regarding open and recently shipped orders, contact Amazon.com, or pursue order problems by logging into your Amazon.com account (not included with a WikiHorseWorld.com account).

 

WikiHorseWorld does not endorse or sanction any of the products or Sellers listed in the Tack Shop or on any "Powered by Amazon" website. Under no circumstances shall WikiHorseWorld be responsible or held liable for any loss or damage including, but not limited to, loss of money, personal injury or death, loss of or damage to property or livestock, identity theft, or dissatisfaction of any sort resulting from the purchase or use of products or services obtained through our Tack Shop. Any disputes which may arise from a purchase conducted through our Tack Shop should be referred directly to Amazon.com and/or the Third Party Seller for resolution.

 


16. WikiHorseWorld Pedigree Database


The WikiHorseWorld.com Pedigree Database ("Pedigree Database") enables all Website Users to research horse pedigree information and enables all Website Members to post, enter, edit or publish detailed Pedigree information for any pedigreed or registered horse. The Pedigree Database provides a pedigree chart for all horses along with a pedigree detail page which can contain unlimited text, photos, videos, graphics, information, data, editorial and other Content about the horse. All Content contained in the Pedigree Database can be edited by all Members and viewed by all Users. Content can be added to the Pedigree Database directly from the Website's Pedigree section or by posting a premium Horse Classified Ad and entering a pedigree chart or pedigree details for that horse.

 

All Content displayed in the Pedigree Database is owned and copyrighted by Dream World Technology, Inc. and may be used only in accordance with this limited use license. The Pedigree Database is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws.

 

Users are licensed to use Content contained in the Pedigree Database only for personal and non-commercial research and may not distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content or information obtained from the Pedigree Database without the express written consent of Dream World Technology, Inc. The download of the whole or significant portions of the Content contained in the Pedigree Database and/or any automated or software controlled use of the Pedigree Database is strictly prohibited.

 

By submitting Content to the Pedigree Database, you grant us a worldwide, non-exclusive, irrevocable, perpetual, transferable, sub-licensable, fully-paid and royalty-free license (your "Pedigree Content License") to use, modify, sell, publicly perform, publicly display, translate, reproduce, copy, adapt, license, transfer, transmit, stream, broadcast, access, view, create derivatives of, publish, commercialize and distribute such Pedigree Content in any form or context we deem appropriate and in any and all media or distribution methods (now known or later developed). You agree that your Pedigree Content License includes the right for WikiHorseWorld to make such Pedigree Content available to other companies, websites, organizations or individuals with whom WikiHorseWorld is associated or affiliated for the syndication, broadcast, distribution or publication of such Content on other media and services. You should only post Content which belongs to you and will not violate the property rights, copyrights, intellectual property rights, or any other rights of other people or organizations. Members agree that they will not willfully post Content in the Pedigree Database which is false or misleading or maliciously delete Content from the Pedigree Database.

 

Although we strive to provide the most accurate horse Pedigree Content possible, WikiHorseWorld makes no representations concerning the suitability, reliability, accuracy, or completeness of Content contained in the Pedigree Database and assumes no liability to anyone for errors or omissions. Neither WikiHorseWorld nor anyone affiliated with WikiHorseWorld is responsible for any decision made as a result of Content or information provided in the Pedigree Database. All Content contained in the Pedigree Database is subject to change without notice. WikiHorseWorld may occasionally modify this Pedigree Database license and any such modifications shall be effective upon posting by WikiHorseWorld.

 


17. WikiHorseWorld Wiki Article Section


The WikiHorseWorld Wiki Article Section (the "Wiki") allows Users to research our library of over 10,000 horse related articles and allows all Members to collaborate, using standard Wiki conventions, to create or edit Wiki Articles ("Articles") about horses and a wide variety of horse-related topics. All Content contained in the Wiki can be edited by all Members and viewed by all Users. Articles may contain many different types of Content including, but not limited to, photos, videos, slideshows, graphs, charts, tables, or other non-text media files ("Media Files" or "Media") in addition to text. Some Articles may contain textual copyright license information at the bottom of that specific Article. Some Media Files may contain copyright license information on a "Media Description Page" which can be viewed by clicking on the specific Media File. All Content contained in the Wiki is licensed under the Creative Commons Attribution/Share-Alike License 3.0 ("CC-BY-SA") unless otherwise noted at the bottom of a specific Article (for text) or on the Media Description Page (for Media files). By posting Content to the Wiki, you expressly agree that you license any and all Content posted to the Wiki according to the terms of the Creative Commons Attribution/Share-Alike License 3.0 (CC-BY-SA). You should only post Content which belongs to you and will not violate the property rights, copyrights, intellectual property rights or any other rights of other people or organizations.

 

Permission is hereby granted to use and/or modify any Content in the Wiki for any purpose including commercial purposes as per the terms of the CC-BY-SA License or other applicable copyright licenses which may be listed at the bottom of specific Articles (for text) or on the Media Description Page (for Media Files). A link to the Creative Commons Attribution-Share-Alike License 3.0 is provided at the bottom of every WikiHorseWorld web page. WikiHorseWorld reserves the right to re-license all Content contained in the Wiki at any future date to another "copyleft" license largely similar in spirit to the CC-BY-SA License. Members agree that they will not willfully post Content in the Wiki which is false or misleading or maliciously delete Content from the Wiki.

 


18. WikiHorseWorld Ask a Pro Section


WikiHorseWorld Users may seek the advice of various equine professionals on and through the website. These WikiHorseWorld equine  professionals ("WikiHorseWorld Pros"), such as horse trainers, vets, and saddle pros, offer advice about horse training, horse health and wellness, horse saddles, horse tack, and other horse related topics. The advice offered by WikiHorseWorld Pros includes, but is not limited to, answering member questions, writing articles, sending email to members, and posting Content on and through the website (collectively "advice"). While the advice offered by WikiHorseWorld Pros is believed to represent the best practices in the field of horses and horsemanship, each User must exercise caution and common sense when applying advice obtained from this or any other Website. The advice offered by WikiHorseWorld Pros is for educational and informational purposes only and is intended to compliment, not replace, the advice of a competent veterinarian, farrier, horse trainer, or saddle/tack expert who can work directly with you and/or your horse(s).

The advice provided by WikiHorseWorld Pros is offered based upon the information provided by individual Users and therefore, each User should use caution when applying advice offered to another User. Horse related issues regarding another User or their horse, saddle, or tack (collectively their "situation") may be different than or may not apply to your specific situation. Also, WikiHorseWorld Pros may not know about certain conditions specific to your situation that might affect the advice you receive in response to a horse-related question. Therefore, before applying any advice that you have obtained from a WikiHorseWorld Pro, you should always seek the advice of a competent local equine professional who can work directly with you and your horse on matters regarding the health, welfare, riding and training of your horse or the saddles and tack used when riding or caring for your horse.

You acknowledge that Horsemanship and/or equine activities of any sort including, but not limited to, riding, training, petting, owning, feeding, caring for, or being in close proximity to horses or any equine species is inherently dangerous. By using this Website and seeking, reading or using advice from any WikiHorseWorld Pros, you expressly agree that under no circumstances shall WikiHorseWorld or any WikiHorseWorld Pro be liable or responsible for any personal injury, death, loss of money, or the loss of or damage to property or livestock resulting from applying any advice obtained on the WikiHorseWorld.com website.

By submitting your question (text, photo and/or video) to a WikiHorseWorld Pro, you hereby grant WikiHorseWorld a limited Member Content License to use that Content as described in Section 11-E of this Agreement. Questions presented to WikiHorseWorld Pros may not be answered or acknowledged. No obligation, professional relationship or legal agreement is implied or inferred from the offering or solicitation of advice from a WikiHorseWorld Pro.

 


19. Links to Other Websites


WikiHorseWorld.com contains links to other "third party websites". WikiHorseWorld is not responsible or liable for the Content, accuracy or opinions expressed on third party websites, and third party websites are in no way investigated, monitored or checked for accuracy or completeness by WikiHorseWorld, nor does WikiHorseWorld guarantee a User's privacy upon leaving this Website and visiting a third party website. Third party websites may install cookies or other software on to your computer and collect or solicit personally identifying information from you. We strongly encourage you to review the privacy policies of third party websites and avoid sharing personally identifying information with third party websites or with any other individuals or entities unless you know and are comfortable with the party with whom you are interacting. See WikiHorseWorld's Privacy Policy for additional details by clicking on the Privacy link at the bottom of every WikiHorseWorld web page.

 

The inclusion of a link to a third party website on WikiHorseWorld does not imply approval or endorsement of that third party website by WikiHorseWorld. When you access third party websites, you do so solely at your own risk. Your interactions, communications or financial transactions with individuals or entities found on WikiHorseWorld or on third party websites including, but not limited to, payments, refunds, warranties, delivery of goods or services, and any other terms, conditions or representations associated with such dealings are solely between you and such individuals or entities. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any such individuals or entities. WikiHorseWorld expressly disclaims any and all responsibility or liability for your interactions, communications and financial transactions with any third party websites or the goods and services found on or provided by such third party websites.

 


20. Resolution of Disputes


 

A. Dispute Resolution
If a dispute arises between you and WikiHorseWorld, our goal is to provide you with a neutral and cost effective means for resolving the dispute quickly. Accordingly, you and WikiHorseWorld hereby agree to resolve any claim, dispute, controversy at law or in equity, and all other matters in question arising out of or relating to this Agreement, the breach or threatened breach of this Agreement, the Services provided by WikiHorseWorld, and/or your use of the Website (collectively "disputes") as follows:

 

Waiver of Trial by Jury
You and WikiHorseWorld acknowledge that in the event of a dispute, both parties wish to avoid the expense of litigation. THEREFORE, YOU AND WIKIHORSEWORLD HEREBY AGREE TO KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY AND ALL RIGHTS TO A TRIAL BY JURY OR PARTICIPATION IN A CLASS ACTION WITH RESPECT TO ANY DISPUTE OR LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT, A BREACH OR THREATENED BREACH OF THIS AGREEMENT, SERVICES OFFERED BY WIKIHORSEWORLD AND/OR YOUR USE OF THIS WEBSITE.

 

Informal Resolution
You and WikiHorseWorld agree to first attempt to resolve any dispute(s) informally via email. If you have a dispute with WikiHorseWorld, please send us a detailed explanation of the issue or dispute using the Contact Us link located at the bottom of every WikiHorseWorld web page. Please include your full name, WikiHorseWorld User Name, home address, email address, and a daytime telephone number. If we have a dispute with you, we will contact you using the email address you provided during registration. WikiHorseWorld will attempt to promptly resolve any issues or disputes in a manner satisfactory to both parties.

 

Binding Arbitration
If informal resolution has not satisfactorily addressed the issue or dispute within 45 days of the original email, then you and WikiHorseWorld hereby agree to submit our dispute(s) to binding arbitration in an attempt to resolve those dispute(s). Both parties agree to pay one-half of the costs involved in such binding arbitration. The arbitrator shall be selected by agreement between the parties, or if no agreement is reached, an arbitrator will be assigned by the American Arbitration Association. Such Arbitrator shall, without exception, be located in the state of Missouri (USA). Nothing in this Agreement including the use of binding arbitration shall preclude either party from immediately seeking equitable injunctive relief in a court of law against the other party if such relief is necessary to prevent irreparable harm from breaches or threatened breaches of the terms of this Agreement.

 

B. Law and Forum for Disputes
This Agreement shall be governed in all respects by the laws of the State of Missouri, USA, without regard to conflict of law provisions. You agree that any Claim or dispute you may have against WikiHorseWorld must be resolved by the state and federal courts of the United States located in the State of Missouri, Greene County.

 

C. Disputes with Other Users
You are solely responsible for your interactions, communications, disputes, claims or financial transactions with/against other Users. WikiHorseWorld reserves the right, but has no obligation, to monitor disputes between you and other Users or to become involved in such disputes. WikiHorseWorld expressly disclaims any and all responsibility or liability involving disputes between you and other Users.

 


21. Disclaimers


WikiHorseWorld expressly disclaims any and all responsibility or liability for the User Content posted on or through the Website including, but not limited to, inaccurate, false, fraudulent, criminal, illegal, inappropriate, offensive, objectionable, sexually explicit, excessively violent or personally identifying User Content whether such Content was posted by Users of the Website or resulted from any of the equipment, personnel or programming associated with or utilized by the Website. Such User Content does not necessarily reflect the opinions or policies of WikiHorseWorld.

 

WikiHorseWorld expressly disclaims any and all responsibility or liability for the conduct or activities of Website Users, whether online or offline, including, but not limited to, any death, injury, loss or damage (including financial losses) caused by Users of the Website.

 

WikiHorseWorld expressly disclaims any and all responsibility or liability for any error, omission, interruption, deletion, defect, delay, transmission, communications line failure, theft, destruction, unauthorized access, or alteration of, or related to, any User email, communication, message, Content or personal information.

 

WikiHorseWorld expressly disclaims any and all responsibility or liability for any problems or technical malfunction of any telephone network, wireless network, any media or distribution method (now known or later developed), computer online systems, servers, providers, computer equipment, software, failure of any email or software applications due to technical problems or traffic congestion on the Internet or the Website or combination thereof, including any injury, death, loss or damage to Users (including financial losses) or to any person's computer or computer equipment related to or resulting from using or downloading Content from the Website.

 

Under no circumstances shall WikiHorseWorld be responsible for any loss or damage, including personal injury or death, loss of money, loss of or damage to property or livestock caused by use of the Website, any Content posted on or through the Website, the conduct or activities of any Users of the Website (whether online or offline), or by any of the hardware, software, equipment or programming associated with or utilized in the Website.

 

The Website is provided "AS-IS" and as available and WikiHorseWorld expressly disclaims any warranty of or fitness for a particular purpose. WikiHorseWorld cannot guarantee and does not promise any specific results from use of the Website. In no event will WikiHorseWorld or any person, corporate officer, employee, contractor or entity involved in creating, producing, programming, publishing or distributing this Website be liable for any direct, indirect, incidental, special, or consequential damages including, but not limited to, death, injury, lost revenue, lost profits, wagering losses or financial damage of any kind arising out of the use of or the inability to use this Website or out of the breach of any warranty.

 

You acknowledge that horsemanship and/or equine activities of any sort including, but not limited to, riding, training, petting, owning, feeding, caring for, or being in close proximity to horses or any equine species is inherently dangerous. WikiHorseWorld expressly disclaims any and all responsibility for and you expressly agree that you will not hold WikiHorseWorld liable for any injury, death, loss of money, or damage to property or other livestock associated with horsemanship and/or equine activities of any sort.

 


22. No Agency


No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Terms of Use Agreement.

 


23. Limitation on Liability


IN NO EVENT SHALL WIKIHORSEWORLD NOR ANY EMPLOYEE, OFFICER OR CONTRACTOR OF, OR AFFILIATED WITH, WIKIHORSEWORLD OR DREAM WORLD TECHNOLOGY, INC. BE LIABLE TO YOU OR TO ANY ENTITY YOU REPRESENT OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY INJURY, DEATH, LOSS OF PROFIT, LOSS OF MONEY, OR LOSS OF OR DAMAGE TO PROPERTY OR LIVESTOCK ARISING FROM OR RELATED TO THIS AGREEMENT, YOUR USE OF THE WEBSITE, OR ANY PRODUCTS OR SERVICES OFFERED BY WIKIHORSEWORLD EVEN IF WIKIHORSEWORLD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WIKIHORSEWORLD EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY FOR, OR RELATED TO, ANY DECISION OR FINANCIAL TRANSACTION MADE AS A RESULT OF CONTENT POSTED ON OR THROUGH THE WEBSITE. ALL CONTENT DISPLAYED ON THIS WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WIKIHORSEWORLD'S MAXIMUM LIABILITY TO YOU OR TO ANY ENTITY YOU REPRESENT OR ANY THIRD PARTY FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO WIKIHORSEWORLD FOR YOUR USE OF THIS WEBSITE.

 


24. U.S. Export Controls


Content or software that may be available on or in connection with this Website is further subject to United States export controls. No Content, software, or other computer/server files may be downloaded from the Website or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using any Content, software or computer/server files obtained from this Website is at your sole risk.

 


25. Indemnity


You agree to indemnify and hold WikiHorseWorld.com, Dream World Technology, Inc, its subsidiaries and affiliates, and all their respective officers, agents, partners, contractors, associates and employees, harmless from any loss, liability, claim or demand, including, but not limited to, reasonable attorney, accounting, and collection fees, made by any third party due to or arising out of your use of the Website in violation of this Agreement or arising from a breach or threatened breach of this Agreement or any breach of your representations and warranties set forth in this Agreement or if any Content you post on or through this Website causes WikiHorseWorld to be liable to any other person or entity.

 


26. Fees


WikiHorseWorld reserves the right to charge fees for access to any and all sections or components of the Website and to change any such fees from time to time in WikiHorseWorld's sole discretion. If WikiHorseWorld terminates your Member Account because you have breached this Agreement, you shall not be entitled to the refund of any unused portion of any fees paid to WikiHorseWorld.

 


27. Classified Advertising


Registered Members of WikiHorseWorld can post equine classified ads on the Website including free ads and advanced premium ads for horses and horse saddles, trailers, real estate, products/tack, services, events and hay. For details on WikiHorseWorld's full range of equine classified advertising options, please see WikiHorseWorld's Classified Advertising Agreement (which is incorporated herein by reference) by clicking the link at the bottom of all WikiHorseWorld web pages. For classified buyers and sellers alike, WikiHorseWorld strives to protect you from fraud. Please see WikiHorseWorld's Tips for Avoiding Fraud (which is incorporated herein by reference) by clicking the Fraud Prevention link at the bottom of all WikiHorseWorld web pages.

 


28. Communications


You agree and acknowledge that we may occasionally send you email regarding WikiHorseWorld including, but not limited to, newsletters, notifications, special offers, and other promotional and marketing materials related to WikiHorseWorld Services and your WikiHorseWorld Member account. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions located at the bottom of all such communications. Please note however that if you are a Member of WikiHorseWorld, you may still receive occasional email regarding important issues that may impact your Member account.

 


29. Bandwidth and Storage Space


Although WikiHorseWorld does not currently do so, WikiHorseWorld does reserve the right to restrict the amount of bandwidth or hard drive storage space (i.e. Megabytes) used by any Member to an amount which WikiHorseWorld deems appropriate in its sole discretion.

 


30. Entire Agreement


This Agreement constitutes the entire agreement between you and WikiHorseWorld regarding your use of the Website and Services. The failure of WikiHorseWorld to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. In the event that any provision(s) of this Agreement conflict with the law under which this Agreement is to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to this Agreement, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement will remain in full force and effect. In all respects, this Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void, or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

 


31. Copyright and Trademark Notices


Copyright (c) 2007-2013, Dream World Technology, Inc. All rights reserved. WikiHorseWorld is a registered trademark of Dream World Technology, Inc (Click Here for details). All text, images, graphics, animation, videos, music, sounds, files, original artwork and all other Content, information and materials on this Website are subject to the copyrights and intellectual property rights of Dream World Technology, Inc., its affiliated companies, and its licensors. Dream World Technology, Inc. owns the copyrights in the selection, coordination and arrangement of all Content on this Website. You may not post, modify, distribute, copy, publish or reproduce copyrighted material, Content, trademarks, or other proprietary information belonging to other persons or entities without obtaining the prior written consent of the owner of such copyrights. It is the policy of WikiHorseWorld to terminate the Member Account privileges of any Member who repeatedly infringes upon the copyrights of others upon receipt of proper notification to WikiHorseWorld by the copyright owner or the copyright owner's legal agent (see Section 13 called "Protecting Copyrights" for details).

 

For questions regarding this Agreement, you may contact us as follows:

 

a) Send mail to Dream World Technology, Inc., P.O. Box 520, Bolivar, MO 65613-0520
b) Send email to Support@WikiHorseWorld.com
c) Use the Contact Us link located at the bottom of all WikiHorseWorld web pages.

 

 

BY USING, VISITING OR BECOMING A MEMBER OF THIS WEBSITE, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THIS ENTIRE AGREEMENT AND AGREE TO ALL OF THE TERMS AND PROVISIONS CONTAINED HEREIN. 

 

 

 

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