Terms of Service
The following terms and conditions (the “Terms and Conditions”) govern your use of this website and any content made available from or through it, including any subdomains thereof (the “Website”). The Website is made available by Grandprix USA Ltd., d/b/a The Chronicle of the Horse (“COTH,” “The Chronicle,” “we,” or “us”). We may change the Terms and Conditions from time to time, at any time without notice, by posting such changes on the Website. BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS. If you do not agree, do not access or otherwise use the Website.
1. Proprietary Rights.
As between you and COTH, COTH owns all rights, title, and interest in and to the Website; all content (including audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, data, and materials thereon); the look and feel, design, and organization of the Website; and all associated intellectual property and proprietary rights. Your use of the Website does not grant you ownership of any content, code, data, or materials you may access.
2. Limited License.
You may access and view the content on the Website on your computer or other device and, unless otherwise indicated in these Terms or on the Website, make single copies or prints of the content for personal, internal use only. Use of the Website and the services offered on or through it are only for your personal, non-commercial use.
3. Prohibited Use.
Any commercial or promotional distribution, publishing, or exploitation of the Website or its content is prohibited unless you have prior written permission from COTH or the applicable rights holder. Except as expressly allowed, you may not copy, reproduce, distribute, transmit, modify, perform, display, create derivative works from, sell, or otherwise exploit any content or materials on or available through the Website. Unauthorized use may violate U.S. and other laws.
4. Trademarks.
The trademarks, logos, service marks, and trade names (collectively, the “Trademarks”) displayed on the Website are registered and unregistered Trademarks of COTH and others. Nothing on the Website grants, by implication or otherwise, any license or right to use any Trademark without written permission from COTH or the applicable owner. Any misuse is prohibited.
5. User Information.
You may be asked to provide certain information (“User Information”). Our collection and use of User Information are described in our Privacy Policy, which is incorporated by reference. You are solely responsible for the accuracy and content of your User Information.
6. Submitted Materials.
Unless we specifically request it, do not send confidential, secret, or proprietary materials. Any materials you submit (including forum or blog postings and emails) (“Submitted Materials”) will be deemed not confidential and may be used consistent with our Privacy Policy. By submitting, you (i) represent that you own the materials and have waived any moral rights, and (ii) grant us and our affiliates a royalty-free, worldwide, perpetual, irrevocable, transferable, sublicensable license to use, copy, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display the Submitted Materials in any form or media. We may delete or destroy Submitted Materials at any time.
7. Prohibited User Conduct.
You agree not to: (a) impersonate any person or entity; (b) insert advertising or promotions into Website content or feeds; (c) attempt to gain unauthorized access to systems via the Website; (d) use spiders/scrapers or automated means to harvest data; (e) interrupt or impair the Website; (f) infringe others’ rights; or (g) violate any law. You may not circumvent, reverse engineer, decrypt, or otherwise interfere with the Website or make unauthorized use of it.
8. Public Forums.
We may provide messaging, chats, bulletin boards, blogs, forums, and similar services. You agree not to post materials that (i) restrict or inhibit others’ use; (ii) are fraudulent, unlawful, threatening, abusive, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent; (iii) encourage criminal or civil liability; (iv) violate or infringe others’ rights; (v) contain viruses or harmful components; (vi) contain advertising, chain letters, or pyramid schemes; or (vii) contain false or misleading statements. You are solely responsible for your content and its consequences.
9. Right to Monitor and Editorial Control.
COTH may, but is not obligated to, monitor or review user-posted materials and is not responsible for such materials. We may disclose information to satisfy laws or requests and may edit, refuse to post, or remove information at our discretion. We may limit or restrict forum access, with or without notice, for any reason.
10. Private or Sensitive Information on Public Forums.
Forum comments may be stored and accessible publicly for a long time. Be selective about the personal information you disclose. Do not disclose sensitive, proprietary, or confidential information.
11. Linking to the Website.
Links to the Website must open in a new browser window and link to the full version of an HTML page. Inline linking to images or framing is prohibited. We may require removal of any link at any time.
12. Indemnification.
You agree to defend, indemnify, and hold COTH and its affiliates and their directors, officers, employees, and agents harmless from all claims, liabilities, costs, and expenses (including attorneys’ fees) arising from your use of the Website, your transmissions through it, or your violation of law or these Terms. We may assume exclusive defense and control of any matter, and you agree to cooperate with us.
13. Orders for Products and Services.
To purchase products, you represent you are 18 or older. You agree to pay all prices and applicable taxes by an accepted payment method. If payment is not received from your issuer or its agents, you agree to pay all amounts due upon demand. Products or services may have additional terms at the time of purchase or download.
14. Third-Party Websites.
The Website may link to or be linked from third-party sites (“Linked Sites”). We are not responsible for information, content, products, or services on or available from Linked Sites, even if owned or operated by affiliates. Links do not imply endorsement. Use of Linked Sites is at your own risk.
15. Copyright Agent.
We respect intellectual property rights and require users to do the same.
If you believe that your work has been copied in a way that constitutes copyright infringement, please send the following information to our Copyright Agent, designated pursuant to the Digital Millennium Copyright Act, 17 U.S.C. §512(c)(2):
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by you that you have a good-faith belief that the disputed use is not authorized;
- An electronic or physical signature of the person authorized to act on behalf of the owner; and
- A statement under penalty of perjury that the information in your notice is accurate and that you are authorized to act on the owner’s behalf.
Copyright Agent:
Lisa Slade
The Chronicle of the Horse
9314 Forest Hill Blvd, Suite 839
Wellington, Florida 33411
voice: 540-687-6341
fax: 540-687-3937
e-mail: [email protected]
16. Disclaimer of Warranties.
THE WEBSITE, INCLUDING ALL SERVICES, CONTENT, FUNCTIONS, AND MATERIALS, IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, UPTIME, OR UNINTERRUPTED ACCESS. WE DO NOT WARRANT THAT THE WEBSITE OR SERVICES WILL BE TIMELY, SECURE, ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. IF YOU ARE DISSATISFIED, YOUR SOLE REMEDY IS TO STOP USING THE WEBSITE.
17. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COTH OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT/SERVICE PROVIDERS (THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR BUSINESS, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE WEBSITE OR ITS CONTENT, EVEN IF ADVISED OF THE POSSIBILITY. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; SOME MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE PROTECTED ENTITIES’ TOTAL AGGREGATE LIABILITY EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO COTH FOR YOUR USE OF THE WEBSITE OR PURCHASES MADE VIA THE WEBSITE.
18. Photosensitive Seizures.
A small percentage of people may experience seizures when exposed to certain visual images. If you experience symptoms such as lightheadedness or altered vision, stop using the Website and consult a doctor.
19. Applicable Laws.
We control and operate the Website from the United States. We do not represent that materials are appropriate or available elsewhere. Those who access it from other locations do so at their own risk and are responsible for local law compliance. All parties waive any right to a trial by jury.
20. Termination.
We may modify, suspend, or discontinue any aspect of the Website at any time. We may restrict or terminate your access if we believe you are in breach of these Terms or applicable law, or for any reason, with or without notice.
21. Changes to Terms of Use.
We may change, modify, add, or remove portions of these Terms at any time by posting the updated Terms. Your continued use after such changes constitutes acceptance.
22. Miscellaneous.
These Terms and your relationship with us are governed by the laws of the State of Florida, without regard to conflict-of-law rules. You agree to the exclusive jurisdiction and venue of the state and federal courts located in Palm Beach County, Florida. Our failure to enforce any provision is not a waiver. If any provision is held invalid, the remainder shall continue in full force and effect.
