Terms of Use
The Website is offered to you conditioned on your agreement to the terms and conditions of this Terms of Use. Your use of the Website constitutes your agreement to all such terms, conditions, and any rules of conduct as The Breeders Halter Futurity may implement.
MODIFICATION OF THE TERMS OF USE
The Breeders Halter Futurity may amend this Terms of Use at anytime in its sole discretion. Any amendments or modifications to this Terms of Use shall be posted in the Website. It is your duty and responsibility to keep yourself informed of such amendments. Further, your use of the Website after the effective date of any such amendments constitute your agreement to comply and be bound by such amendments, including but not limited to the charges associated with the use of the Website, if any.
LINKS TO THIRD PARTY SITES
Other than the web pages operated by The Breeders Halter Futurity which are linked to the Website, the Website may contain links to other websites (collectively, the "Linked Sites"). The Linked Sites are not under the control of The Breeders Halter Futurity and The Breeders Halter Futurity is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Breeders Halter Futurity is not responsible for webcasting or any other form of transmission received from any Linked Site. The Breeders Halter Futurity is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The Breeders Halter Futurity of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
You acknowledge that:
by using the Website, you will have access to, among others, software, graphics, news, publications, articles, photographs, sound effects, music, animation-style video and text (collectively, the "Content");
the Content may be provided under license by independent content providers, including content contributions from members of said independent content providers (all such independent content providers shall collectively be referred as the "Content Providers"); and
that The Breeders Halter Futurity and the Content Providers have rights in their respective Content under copyright and other applicable laws, and that you accept full responsibility and liability for your use of any Content in violation of any such rights.
You agree that you will not use any Content other than in connection with the use of the Website and for its intended purpose only. You agree that The Breeders Halter Futurity has the right, but not the obligation, to remove any Content at any time for any reason including those it deems to be harmful, offensive, or otherwise in violation of this Terms of Use. You acknowledge that you do not have the right to copy, create, publish, distribute, create derivative works from or use any Content except as expressly permitted under this Terms of Use or by the The Breeders Halter Futurity.
As a condition of your use of the Website, you warrant to The Breeders Halter Futurity that you will not use the Website, or any of its components, for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not sell or auction any accounts, characters, items or copyrighted material in or from the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Websites.
USE OF COMMUNICATION SERVICES
The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Upload, post, e-mail or otherwise transmit Content that infringes any third party rights, law, regulation or this Agreement;
Impersonate any person or entity, including, but not limited to, any employee, officer or representative of The Breeders Halter Futurity, its parent company, affiliates and subsidiaries, or falsely state or otherwise misrepresent your affiliation with any person or entity;
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
The Breeders Halter Futurity has no obligation to monitor the Communication Services. However, The Breeders Halter Futurity reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Breeders Halter Futurity reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
PRIVACY
Any information you provided to Website is used by The Breeders Halter Futurity for internal purpose only and in connection with the operation of the Website. Except as otherwise expressly permitted by this Terms of Use or the Privacy Statement, or as otherwise authorized by you, The Breeders Halter Futurity will not give any of the personal information to any third party. However, The Breeders Halter Futurity does not guarantee the security of any of your private transmissions against unauthorized or unlawful interception or access by third parties. Furthermore, The Breeders Halter Futurity can (and you authorize us to) disclose any information about you to private entities, law enforcement agencies or government officials, as The Breeders Halter Futurity, in its sole discretion, believe necessary or appropriate to investigate or resolve possible problems or inquiries, or as otherwise required by law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in The Breeders Halter Futurity's sole discretion.
The Breeders Halter Futurity does not control or endorse the content, messages or information found in any Communication Service and, therefore, The Breeders Halter Futurity specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized The Breeders Halter Futurity spokespersons, and their views do not necessarily reflect those of The Breeders Halter Futurity, its parent company, subsidiaries, affiliates, their respective directors, officers and employees.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
PARENTAL GUIDANCE
While The Breeders Halter Futurity may choose to monitor and take action upon inappropriate Content, chat or links to the Website, it is possible that at any time there may be language or other material accessible on or through the Website that may be inappropriate for children or offensive to some users of any age, nationality or culture. The Breeders Halter Futurity cannot ensure that other users will not provide Content or access to Content that parents or guardians may find inappropriate or that any user may find objectionable. The Breeders Halter Futurity does not as a matter of policy pre-screen the content of the materials or communications transmitted by each user. It shall be your responsibility to screen and access Content that are appropriate to your age level and further warrants that you have secured the necessary consent and advice from your parents and/or guardian to avail or use the Website.
INTERRUPTION OF SERVICE
The Breeders Halter Futurity reserves the right to interrupt use and access to the Website from time to time, with or without prior notice, in order to perform maintenance.
You acknowledge that the access to the Website may be interrupted for reasons beyond the control of The Breeders Halter Futurity, and The Breeders Halter Futurity cannot guarantee that you will be able to access the Website whenever you may wish to do so. The Breeders Halter Futurity shall not be liable for any interruption and/or access delay or failure to the Website resulting from any causes beyond its reasonable control or for any disruptions arising from or attributable to your actions.
MATERIALS PROVIDED TO OR POSTED AT THE WEBSITE
The Breeders Halter Futurity does not claim ownership of the materials you provide to the Website (including feedback and suggestions) or post, upload, input or submit to Website or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting The Breeders Halter Futurity, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission, and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. The Breeders Halter Futurity is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in The Breeders Halter Futurity's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
DISCLAIMER OF WARRANTY AND LIABILITY
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. The Breeders Halter Futurity AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
The Breeders Halter Futurity PROVIDES THE WEBSITE, AND ALL ITS COMPONENTS, ON AN "AS IS" BASIS, and HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, The Breeders Halter Futurity DOES NOT ENSURE CONTINUOUS, ERROR-FREE, SECURE OR VIRUS-FREE OPERATION OF THE WEBSITE.
IN NO EVENT SHALL The Breeders Halter Futurity AND/OR ITS SUPPLIERS OR ANY OF ITS SHAREHOLDERS, PARTNERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SUPPLIERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, CONTENT AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE The Breeders Halter Futurity.com WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF The Breeders Halter Futurity OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
INDEMNIFICATION
At The Breeders Halter Futurity’s request, you agree to defend, indemnify and hold harmless The Breeders Halter Futurity, its shareholders, partners, affiliates, directors, officers, employees, agents or suppliers, its licensees, distributors and Content Providers, from all damages, liabilities, claims and expenses, including attorneys' fees and costs, arising from your breach or violation of any of the conditions of this Terms of Use.
SERVICE CONTACT
TERMINATION/ACCESS RESTRICTION
The Breeders Halter Futurity may terminate your access to the Website immediately and without notice under the following circumstances:
if you breach or violate any of the conditions, obligations or provisions in this Terms of Use and/or Privacy Statement;
if you infringe any third party intellectual property rights or exposes the Website, The Breeders Halter Futurity, its parent company, subsidiaries and affiliates, and their officers, employees and representatives from any possible damages, liabilities, claim or action for infringement of intellectual property rights;
if The Breeders Halter Futurity is unable to verify or authenticate any information you have provided;,
upon any act whatsoever you made which is, in The Breeders Halter Futurity’s sole discretion, inappropriate and/or in violation of the spirit of fairplay, good faith and equity; or
under any other circumstances under law or equity.
The rights of The Breeders Halter Futurity to terminate your access to the The Breeders Halter Futurity.com Web Site shall be in addition to any other rights or remedies it may have at law or in equity.
GENERAL
To the maximum extent permitted by law, this Terms of Use is governed by the laws of the Philippines. You hereby consent to the exclusive jurisdiction and venue of courts in the Philippines, without applying any conflicts of law principle which would require application of the law of any other jurisdiction, in all disputes arising out of or relating to the use of the Website. You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Breeders Halter Futurity, or its parent, subsidiary or affiliate as a result of this agreement or use of the Website. The Breeders Halter Futurity's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The Breeders Halter Futurity’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by The Breeders Halter Futurity with respect to such use. If any part of this Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this Terms of Use constitutes the entire agreement between you and The Breeders Halter Futurity with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and The Breeders Halter Futurity with respect to the Website. A printed version of this Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the Website are: © 2021 The Breeders Halter Futurity, and/or its suppliers. All Rights Reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
