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Equine Info ONLINE Web Site User Terms
1 These User Terms
1.1 In accordance with the following user terms ('User Terms') Equine Info and/or representatives ('EI') grants you as an authorised user ('Authorised User' or 'you') of this Equine Info Web Site ('Web Site') certain rights (as set out below) and in return you agree to perform certain obligations.
1.2 Please read these User Terms carefully. They are a legal document and, by your continued use of the Web Site, you agree to be bound by these User Terms. In particular, you agree that you have read and understood the following Clauses:
Clause 6 - Your Responsibilities
Clause 7 - Consent to use Your Personal Information
Clause 8 - Limitation of Liability
1.3 If you do not agree with these User Terms and do not wish to be bound by them, please exit this Web Site and do not use the Web Site in the future.
1.4 The goods and services ("Merchandise") which may be purchased by you from companies other than EI ("Merchants") via third parties and/or third party web sites linked to this Web Site including without limitation co-branded websites are subject to separate terms and conditions between you and the applicable Merchant. You acknowledge that the applicable Merchant (and not EI is solely responsible for the legal fulfilment of orders for such Merchandise and for its quality, suitability and fitness for purpose. You also acknowledge that the selection of any Merchant or the purchase of any item of Merchandise from the information available on the Web Site or the Merchant's web sites is solely your choice. Any disputes or questions relating to the Merchandise shall be directed to the Merchant in question and you acknowledge that EI shall have no responsibility, obligations or liability in relation to the Merchandise.
1.5 If you register for any promotions or other on the Web Site separate Competition Rules, accessed via the Web Site, shall also apply in addition to the remainder of these User Terms.
2 Licence to Use Material on Web Site
2.1 EI grants to you a personal, non-exclusive, non-transferable, royalty-free licence to use all the material on the Web Site (including but not limited to: software, documentation, text, pictures, sounds, graphics, articles, video or audio clips, and advertising material) ('EI Material') on the basis set out in Clause 2.2.
2.2 You are entitled to access, download and transmit (for the purposes expressly permitted in these User Terms) and store the EI Material for your own personal, non-commercial use provided that you do not:
2.2.1 remove any notices relating to the ownership of copyright or other Intellectual Property Rights (as defined in Clause 3.1 below) in the EI Material;
2.2.2 modify, translate, reverse engineer, reproduce, decompile, disassemble (except as expressly permitted by law) or create derivative works of any of the EI Material;
2.2.3 rent, lease, sub-licence, loan, copy or give or transfer any rights in the EI Material in any form, to any person or entity without the prior written consent of EI.
3 Ownership of Intellectual Property Rights
3.1 Notwithstanding the limited rights granted to you in accordance with Clause 2, EI shall retain all ownership, title and interest in the intellectual property rights contained in the EI Material (including but not limited to copyright, database rights, trade marks, patents, service marks, design rights (whether registerable or otherwise) know-how, trade or business names, domain names, goodwill associated with any of the foregoing and other similar rights or obligations whether registerable or not in any jurisdiction in the world ('Intellectual Property Rights').
3.2 You agree that any material (including any Intellectual Property Rights in such material), including but not limited to material sent via bulletin boards or articles submitted for publication on the Web Site or in using any of the Web Site Services ("User Generated Content") may be retained as the property of EI. "Web Site Services" is defined in Clause 5.2 below. EI shall have no obligations with regard to the User Generated Content to monitor the User Generated Content to ensure that it complies with applicable laws or regulations. You remain solely responsible for the User Generated Content in accordance with Clause 6.
4 Duration of User Terms and Termination
4.1 These User Terms are binding upon you immediately. You accept them by your use of this Web Site, and they will remain in force until the earlier of the following:
4.1.1 you breach any of the terms of the licence granted to you in accordance with Clause 2;
4.1.2 EI terminates these User Terms by notice to you at any time in accordance with Clause 9.2; or
4.1.3 you terminate these User Terms by notice to EI at any time in accordance with Clause 9.1.
4.2 In the event that these User Terms are terminated for any of the reasons stated above you agree to comply with the following obligations:
4.2.1 the licence granted to you in accordance with Clause 2 shall be terminated forthwith and you shall have no further rights to use the EI Material;
4.2.2 you must delete or destroy any of the EI Material stored by you in electronic or hard copy form as soon as reasonably practicable; and 4.2.3 you will have no further rights to access or use the Web Site or the Web Site Services.
5 EI's Responsibilities
5.1 EI undertakes to use commercially reasonable endeavours to prevent breaches of security of the Web Site.
5.2 EI makes no representation or warranty that the Web Site or services offered via the Web Site (i.e. bulletin boards, site personalisation, etc, but such services do not include any Merchandise made available by Merchants via links to this Web Site, which are subject to the separate Merchant terms and conditions as mentioned in Clause 1.4) ('Web Site Services') will be accessible, or useable by you or error free.
5.3 EI reserves the right, without notice to you, to remove any EI Material from the Web Site or to suspend or alter the operation of the Web Site or any Web Site Services, at its sole discretion or for legal or technical reasons. EI will give you as much notice as possible prior to taking any of the actions described in this Clause 5.3, but prior notice may not always be feasible for a variety of reasons.
6 Your Responsibilities
6.1 You agree that you are responsible for the security and use of any user names or passwords needed to access or use the Web Site or any Web Site Services. You must take all reasonable steps to ensure that these user names and passwords are kept confidential and secure and you do not allow any unauthorised person to access the Web Site or any of the Web Site Services using your user name or password.
6.2 You agree that you will not use the Web Site or any of the Web Site Services as follows:
6.2.1 to send, receive, upload, download, store, use, distribute or publish any material that is offensive, abusive, indecent, defamatory, obscene, or in breach of any other person's Intellectual Property Rights or breaches any obligation of confidentiality by which you are bound;
6.2.2 to send or distribute multiple unsolicited e-mails or messages ('Spam') or to cause any other person annoyance, inconvenience or worry; and
6.2.3 for any purposes connected to any business, including sending any unsolicited advertisements or promotional material.
6.3 You agree to indemnify EI against any claims, costs, expenses or legal proceedings caused as a result of your use of the Web Site or Web Site Services in contravention of Clauses 6.1 and 6.2, further in these circumstances, EI shall be entitled to treat the contravention as a material breach of these User Terms and terminate the User Terms and any access permission granted to you by EI forthwith, without notice to you.
7 Consent to Use Your Personal Information
7.1 For the purposes of the Data Protection Act 1998, you acknowledge that in the course of registering and using this Web Site and the Web Site Services, certain personal information or data about you will be captured electronically or otherwise and transmitted to EI and/or EI Contractors. By accepting these User Terms, you expressly agree to transfer such personal information or data to EI or EI Contractors to use, store and process the personal information for the purposes of providing the services offered on this Web Site, or any other connected EI Web Sites.
7.2 For the purposes of the Data Protection Act 1998, you further agree that EI or an EI Contractor involved in the provision of the services offered via this Web Site, may send your personal data outside of the European Economic Area for processing.
7.3 You may revoke the consents given above in Clauses 8.1 and 8.2 by giving notice to EI in accordance with Clause 10.1, but in those circumstances you must exit the Web Site and will have no further rights to access the Web Site or use the Web Site Services.
7.4 For more information about the purposes for which EI may use your personal information, please read EI's Privacy Policy displayed on this Web Site.
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