The Pinehill Equestrian Centre (hereinafter referred to as “us”, “we” or “Pinehill”) welcomes you to our website (the “Site”).
You hereby acknowledge and agree that we reserve the right at any time to modify or discontinue the whole, or any part of, the Site, without notice to you, and that we will not be responsible or liable, directly or indirectly, to you or any other person for any loss or damage of any kind incurred as a result of any such modifications or discontinuance.
2. User Code of Conduct
Portions of the Site may permit Users to upload, post or otherwise transmit content (the “User Content”).
a. You hereby agree that you shall not use the Site to upload, post, communicate or otherwise transmit through, or to, the Site any User Content that:
i. is defamatory, trade libelous, pornographic or obscene;
ii. contains, depicts, includes, discusses or involves, without limitation, any of the following:
o Explicit, graphic or excessive sexual activity;
o Crude, vulgar or offensive language and/or symbols;
o Derogatory characterizations of any ethnic, racial, sexual or religious groups;
o Content that endorses, condones or discusses any illegal, inappropriate or risky activity, behaviour or conduct;
o Personal information of individuals, including without limitation, names and addresses (physical or e-mail);
o Commercial messages, comparisons or solicitations for products or services (other than those of (Pinehill);
o Any identifiable third party services, products and/or trade-marks, brands or logos; and
o Any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by us in our sole discretion.
iii. contains any reference to or likeness of any third parties, unless consent has been obtained from all such individuals (NOTE: if content contains reference to or likeness of any third parties who are under the age of majority in their jurisdiction of residence, then consent must also be obtained from any such persons parent or legal guardian);
iv. is disparaging or might be seen to be disparaging to Pinehill or its services;
v. infringes or might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others or give rise to any claims for payment whatsoever; or
vi. contains any viruses, trojan horses, time bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and
b. Further, you hereby agree that you shall not use the Site to:
i. disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of the Site;
ii. collect information about others without their consent; and
iii. upload, post, email, transmit or otherwise make available any content that you do not have the right to disclose or make available.
3. Intellectual Property Rights (Re: Site Content)
The Site consists of various graphics, texts, icons and buttons that have been provided by Pinehill and/or others (e.g., site designers). All such content is owned by Pinehill and/or the applicable third party.
For greater certainty, Pinehill, and applicable third parties, hold all right, title, and interest in and to any and all content provided by such parties for the Site, including, without limitation, all such information in text, graphical, video and audio formats, images, icons, designs, trade-marks, brand names and software (collectively, the “Content”). You hereby acknowledge that the Content is protected by copyright, trade-mark, and other applicable intellectual property laws.
4. License Granted to Pinehill (Re: User Content)
Portions of the Site may permit Users to upload, post or otherwise transmit content that you have created. By using the Site, you are giving Pinehill permission to forever use any content you submit that relates to Pinehill (e.g., a blog about Pinehill or its services).
You hereby grant to Pinehill a world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive, and unrestricted license to use, copy, reproduce, adapt, transmit, publicly display, distribute, translate and create compilations and derivative works from, any and all User Content (in any format or media) that is in any way related to Pinehill that you post on, upload or otherwise submit to, the Site.
5. User Waivers and Representations (Re: User Content)
You hereby acknowledge, agree, warrant and represent to Pinehill that any and all User Content (in any format or media) you post on, upload to or otherwise submit to, the Site, is:
a. is original to you and that you have all necessary rights in and to the User Content and all of its components (if applicable) to post, upload, or otherwise submit it to the Site; and
b. is compliant with the WOMMA Ethical Blogger Contact Guidelines (available at: http://www.womma.org/).
6. Indemnification by User
7. Notice of Infringing User Content
Pinehill does not generally screen or edit User Content, but reserve the right, in their sole discretion, to modify, edit or remove any User Content, or to request a User to modify or edit his or her User Content, if a complaint or notice of allegedly infringing materials is received with respect to the User Content, or for any other reason. To complain about User Content and/or to provide notice of allegedly infringing materials on the Site, please contact us at:
Pinehill Equestrian Centre
155 Leslie Road,
8. Disclaimer and Limitation of Liability
THE SITE AND ALL INFORMATION CONTAINED ON OR ACCESSED FROM THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PINEHILL MAKES NO REPRESENTATION OR WARRANTY THAT: (I) THE SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND SOFTWARE; (II) THE SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE SITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM THE SITE WILL BE SECURE; OR (V) THE USE OF THE SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON.
PINEHILL WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO THE SITE. YOU EXPRESSLY ACKNOWLEDGE THAT PINEHILL HAS ENTERED INTO THIS AGREEMENT WITH YOU, AND MAKES THE SITE AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND PINEHILL. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.
9. Electronic Transmissions
The transmission of data or information over the Internet or other forms of networks is not secure, and is subject to possible loss, interception or alteration while in transit. We do not assume any liability for any damage you may experience or costs you may incur as a result of any electronic transmissions over the Internet or otherwise within the Site, such as transmissions involving the exchange of electronic messages of any kind (including those which may contain your personal information). In no event will the information you provide through or to the Site be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without your consent.
Without limitation, identifying marks of Pinehill are and shall remain the trade-marks and trade-names and exclusive property of Pinehill, and any use of such marks, other than use on the Site in relation to User Content, without our prior written consent is strictly prohibited. Other trade-marks that may appear on the Site are the property of their respective owners.
12. Governing Law and Jurisdiction