Terms & Conditions (User Agreement)
THIRD PARTY SITES
This website may provide you with links to other sites on the Internet (“Linked Sites”). Unless explicitly indicated, the Linked Sites are not under Starquine’s control, and Starquine is not responsible for the contents of any Linked Sites, including without limitation the accuracy, copyright compliance, legality or decency of the Linked Sites or any links contained therein. These links are provided for your convenience, and do not imply endorsement of the Linked Sites by Starquine or any association with the operators of the Linked Sites.
As a buyer or seller on this website, you may upload content, such as images, videos, audio, descriptions, etc. By uploading your content, you hereby submit that all works and other intellectual property associated with the uploaded content are owned by you or otherwise licensed to you for this purpose. You also provide to Starquine a non-exclusive, transferrable, unrevokable, worldwide license to use the uploaded content for any reason. Additionally, by uploading your content you grant other users of the Starquine website a nonexclusive, non-transferrable license to use the works for viewing, researching, comparing, or otherwise facilitating purchase of an equine interes on the Starquine website.
STARQUINE PROPRIETARY RIGHTS
DOCUMENTS, SERVICES AND SOFTWARE
Downloading items from this website does not give you title to such items, including any files, data, video, audio, and images incorporated in or associated with such items. Your use of any such items shall be only in accordance with the license agreement described above or presented upon download of such item. Items available on this website are copyrighted by Starquine or their affiliates. Except as otherwise stated herein, these items may not be copied, redistributed or placed on any server for further distribution, without written permission of Starquine.
NO UNLAWFUL OR PROHIBITED USE
The website may contain communication services such as equine offerings, customer reviews, bulletin boards, chat rooms, news groups, communities, electronic mail postings, and other public forums. You agree to post messages only if they are relevant to the intended subject matter of the forum.
You agree that you will not:
- Post messages that are inappropriate, unlawful, threatening, obscene, vulgar, pornographic, profane, indecent, defamatory, libelous, abusive, or a violation of the legal rights (including, without limitation, privacy and publicity rights) of others.
- Violate the copyright, trademark, or other intellectual property rights of Starquine or any other person or entity.
- Upload any files containing viruses, corrupted files, or any other component that may be harmful to the operation of another’s computer.
- Improperly assume or claim the identity, characteristics, or qualifications of another person.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Use the website for commercial purposes (other than the commercial purposes provided by Starquine), or post messages that contain advertising or are intended to solicit others to buy or sell services or to make donations that are outside of the intended use of the website.
- Harvest or otherwise collect information about others, including, without limitation e-mail addresses, without their consent.
- Attempt to gain access to any portion of this website, any computer, server, account, network, software, or hardware associated with this site, from which you are restricted.
- Violate any applicable laws or regulations.
Starquine is not obligated to monitor the communications contained on the site. However, Starquine may, at its sole discretion edit, decline to post, or remove any information or materials or any portion thereof.
NO REPRESENTATIONS OR WARRANTIES
Starquine makes no representations or warranties that this website is free of defects, viruses or other harmful components. Starquine shall not be responsible for any damages or loss that may result from the hacking or infiltration of this website or Starquine’s computer systems. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEBSITE AND YOU AGREE TO HOLD STARQUINE HARMLESS FROM, AND YOU COVENANT NOT TO SUE STARQUINE FOR, ANY CLAIMS BASED ON THE USE OF THIS WEBSITE, INCLUDING CLAIMS FOR LOST DATA, WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF MATERIALS OR CONTENT FROM THIS WEBSITE. The pages on this website may contain technical inaccuracies, outdated information and typographical errors. ACCESS TO THIS WEBSITE IS PROVIDED FREE OF CHARGE AS A COURTESY. HOWEVER, ALL MATERIALS, INFORMATION, SOFTWARE PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” STARQUINE DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. STARQUINE MAKES NO WARRANTIES OR REPRESENTATIONS CONCERNING THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, PRODUCTS OR SERVICES CONTAINED IN OR OBTAINED THROUGH THE WEBSITE FOR ANY PURPOSE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES; THESE EXCLUSIONS MAY NOT APPLY TO YOU.
DISCLAIMER OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL STARQUINE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER THAT MAY RESULT FROM THE USE OF OR THE INABILITY TO USE THIS WEBSITE, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF EMAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, AND/OR DELAYS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF STARQUINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; STARQUINE’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
If you are dissatisfied with any portion of the website or the associated services, your sole remedy is to cease using them.
You agree to defend, indemnify, and hold harmless Starquine and its employees, agents, directors, officers and shareholders, from and against all liabilities, claims, damages, and expenses (including without limitation reasonable attorneys’ fees and costs) arising out of your use of this website, your breach of this agreement, or your infringement of the intellectual property rights of third parties.
Starquine reserves the right to terminate your access to the website or to any or all of its services at any time without notice for any reason whatsoever.
CHOICE OF LAWS AND VENUE
Starquine’s performance of this Agreement is subject to existing laws and legal process. Nothing contained in this agreement is in derogation of Starquine’s right to comply with governmental, court and law enforcement requests relating to your use of the website, or information collected by Starquine in connection with such use.
All rights not expressly granted herein are reserved exclusively and entirely to Starquine.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Starquine’s Designated Agent.
PROCEDURE FOR COPYRIGHT INFRINGEMENT CLAIMS
In accordance with the Digital Millennium Copyright Act (DMCA), Starquine has designated an agent to receive notice of unauthorized online use of copyrighted materials. If you believe that your copyrighted work is being infringed, please notify our copyright agent specified below.
E-mail may be sent to: firstname.lastname@example.org
Mail may be sent to:
ATTN: Compliance Officer
Starquine / The Stallion Company
261 N. Limestone
Lexington KY 40507
Please notify us in writing and include all of the following:
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material 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 Starquine to locate the material.
- Information reasonably sufficient to permit Starquine to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Nothing on this website shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of Starquine or any third party, whether by estoppel, implication, or otherwise. All trademarks and trade names are the property of their respective owners. Except as otherwise noted, Starquine is the owner of all trademarks and service marks on this website, whether registered or not.
Any unauthorized access, modification, or change of any information, or any interference with the availability of or access to this website is strictly prohibited. Starquine reserves all legal rights and remedies available to it and this disclaimer shall in no way be deemed a limitation or waiver of any other rights Starquine may have.
Questions about these terms should be directed to:
This document was last revised on February 1, 2013