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Terms of Use



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1. Definitions

 

"SportHorseCM.com" is the interactive on-line service operated by Sport Horse Communication & Management Pte Ltd (“SHCM”) on the World Wide Web of the Internet, consisting of information services and content provided by SHCM, affiliates of SHCM and other third parties. "Subscriber" means each person who establishes or accesses a connection ("Account") for access to and use of the SportHorseCM.com.

 

2. General

 

(A) This Agreement sets forth the terms and conditions that apply to use of the SportHorseCM.com by Subscriber. By using the SportHorseCM.com (other than to read this Agreement for the first time), Subscriber agrees to comply with all of the terms and conditions hereof. The right to use the SportHorseCM.com is personal to Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber's Account (under any screen name or password) and for ensuring that all use of Subscriber's Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber's password(s), if any.

 

(B) SHCM shall have the right at any time to change or discontinue any aspect or feature of the SportHorseCM.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.

 

3. Changed Terms

 

SHCM shall have the right at any time to change or modify the terms and conditions applicable to Subscriber's use of the SportHorseCM.com, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the SportHorseCM.com, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of the SportHorseCM.com by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.

 

4. Subscriber Conduct

 

(A) Subscriber shall use the SportHorseCM.com for lawful purposes only. Subscriber shall not post or transmit through the SportHorseCM.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without SHCM's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber that in SHCM's discretion restricts or inhibits any other Subscriber from using or enjoying SportHorseCM.com will not be permitted. Subscriber shall not use SportHorseCM.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with SportHorseCM.com.

 

(B) SportHorseCM.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of SportHorseCM.com are copyrighted as a collective work under the Singapore copyright laws. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Subscriber may download copyrighted material for Subscriber's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of SHCM and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

 

(C) Subscriber shall not upload, post or otherwise make available on SportHorseCM.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of SportHorseCM.com, Subscriber automatically grants, or warrants that the owner of such material has expressly granted SHCM the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Subscriber also permits any other Subscriber to access, view, store or reproduces the material for that Subscriber's personal use. Subscriber hereby grants SHCM the rights to edit, copy, publish and distribute any material made available on SportHorseCM.com by Subscriber.

 

(D) The foregoing provisions are for the benefit of SHCM, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

 

5. Disclaimer of Warranty; Limitation of Liability

 

(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF THE SPORTHORSECM.COM IS AT SUBSCRIBER'S SOLE RISK. NEITHER SHCM, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT SPORTHORSECM.COM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF SPORTHORSECM.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH SPORTHORSECM.COM.

 

(B) SPORTHORSECM.COM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

 

(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT USWCC IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.

 

(D) IN NO EVENT WILL SHCM, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING SPORTHORSECM.COM IS LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE SPORTHORSECM.COM. SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON SPORTHORSECM.COM.

 

(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, SHCM, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN SPORTHORSECM.COM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.

6. Monitoring

 

SHCM shall have the right, but not the obligation, to monitor the content of SportHorseCM.com, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by SHCM and to satisfy any law, regulation or authorized government request. SHCM shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on SportHorseCM.com. Without limiting the foregoing, SHCM shall have the right to remove any material that SHCM, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

 

7. Indemnification

 

Subscriber agrees to defend, indemnify and hold harmless SHCM, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of SportHorseCM.com by Subscriber or Subscriber's Account.

 

8. Termination

 

Either SHCM or Subscriber may terminate this Agreement at any time. Without limiting the foregoing, SHCM shall have the right to immediately terminate Subscriber's Account in the event of any conduct by Subscriber which SHCM, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement. The provisions of Sections 4(B), 4(C), 4(D), 5, 7, 9 and this Section 9 shall survive termination of this Agreement.

 

9. Trademarks

 

SHCM, SportHorseCM.com, the SportHorseCM.com’s Community Forums and all of their logos are trademarks. All rights reserved. All other trademarks appearing on SportHorseCM.com are the property of their respective owners.

 

10. Third Party Content Submitted to SportHorseCM.com

 

By submitting Content to SportHorseCM.com for inclusion on the website, Subscriber grants SportHorseCM.com and all other users of SportHorseCM.com a worldwide, royalty-free, and nonexclusive license to reproduce, modify, distribute, transmit, display, perform, adapt, and publish the Content (including in digital form).

 

Unless otherwise explicitly stated, herein, any Content provided by Subscriber in connection with this Website shall be deemed to be provided on a nonproprietary and non-confidential basis. SportHorseCM.com shall have no obligation of any kind with respect to such Content and shall be free to use or disseminate such Content on an unrestricted basis for any purpose. Subscribers are responsible for the Content that they submit, and Subscriber, not SportHorseCM.com, have full responsibility for the Content, including their legality, reliability, appropriateness, originality and copyright.

 

In the event that SHCM is a distributor (and not a publisher) of content supplied by third parties and Subscribers. Accordingly, SHCM has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user of SportHorseCM.com, are those of the respective author(s) or distributor(s) and not of SHCM. Neither SHCM nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 5 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)

 

In many instances, the content available through SportHorseCM.com represents the opinions and judgments of the respective information provider, Subscriber, or other user not under contract with SHCM. SHCM neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on SportHorseCM.com by anyone other than authorized SHCM employee spokespersons while acting in their official capacities. Under no circumstances will SHCM be liable for any loss or damage caused by a Subscriber's reliance on information obtained through SportHorseCM.com. It is the responsibility of Subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through SportHorseCM.com. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

 

11. Miscellaneous

 

This Agreement and any operating rules for SportHorseCM.com established by SHCM constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the Republic of Singapore, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

 

12. Copyrights

 

SHCM respects the rights of all copyright holders and in this regard, SHCM has adopted a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please, contact us at info@sporthorsecm.com.


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