Also note that this Agreement may change from time to time and it is your responsibility to check for such updates. The latest revision date for this Agreement is set out below.
Last revised: December 18, 2014
1. Acceptance Of Agreement
You agree to the terms and conditions outlined in this Agreement with respect to the Site. This Agreement constitutes the entire and only agreement between the owners of the Site and a user of the Site (the “User”), and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to use of the Site, the content, goods and services provided by or through the Site, and the subject-matter of this Agreement. Users agree to review this Agreement prior to reviewing any information or obtaining any documents.
Our Site offers online advertising for stallions at stud, horses for sale and donkeys. None of the owners, employees or agents (collectively “ASD”) of the Site are brokers, agents or dealers of the merchandise and do not receive any commission. ASD is not a party to the transactions entered into between buyers and sellers. Because ASD is not involved in the actual transaction between buyers and sellers, in the event of a dispute between you and one or more Users, you release ASD from all claims, demands, and damages (actual or consequential) of every kind and nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected to such disputes.
3. Limited Use
Allstallionsdirectory.com is a directory for the sale of stallions standing at stud, horses for sale and donkeys (collectively known as“Livestock”). No other types of livestock may be included on our website and such ads shall be deleted without notice.
4. User Conduct
You understand that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Site. In connection with your use of the Site, you may not and you agree that you will not:
- violate any local, provincial/state, national, or other law or regulation, or any order of a court;
- use the Site for any commercial or other purposes that are not expressly permitted by this Agreement;
- copy, store or otherwise access any information contained on the Site, for purposes not expressly permitted by this Agreement;
- infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
- use our Site to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- use our Site in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to advertising for studs, stallions and donkeys;
- stalk or harass any other user of our Site or collect or store any personally identifiable information about any other user other than for purposes of transacting as a buyer or seller;
- offer any Livestock that you do not yourself own or have permission to sell;
- register for more than one Allstallionsdirectory.com account or register for an Allstallionsdirectory.com account on behalf of an individual other than yourself;
- contact a User for any purpose other than asking a question related to buying or selling a stud, stallion or donkey;
- post, upload, publish, submit or transmit any Content that: (a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (d) is fraudulent, false, misleading or deceptive; (c) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; or (f) is violent or threatening or promotes violence or actions that are threatening to any other person, advocate, encourage, or assist any third party in doing any of the foregoing.
5. Editing, Deleting And Moderation
You agree that ASD may moderate access to and use of the Site in our sole discretion by blocking, filtering, deletion, delay, omission, verification, and/or access/account/membership termination. You agree: (a) not to bypass said moderation; (b) we are not liable for moderating not moderating, or representation as to moderating; and (c) nothing we say or do waives our right to moderate, or not.
ASD reserves the right to refuse service to anyone for any reason.
6. Copyrighted Images, Proofs, Etc.
ASD cannot be held responsible for violations created by its Users and/or customers. These violations include, but are not limited to: copyright violation, trademark violations, trade names or patents, or other content which is in violation of any local, provincial or federal laws.
Users are solely responsible for obtaining express permission from professional photographers, subjects, etc. to display images on Allstallionsdirectory.com. We will not accept any images labelled "PROOF" for use on our Site. If there is a visible photographer's signature or label on the face of a photo, we will not remove this information from the digital image that we display. If we are informed of copyright violations created by our customers, we will remove disputed images from the Site without refund or prior notice to the offender. ASD may, in appropriate circumstances and at its own discretion, disable and/or terminate the accounts of Users who have infringed on the copyrights of others. If you are a photographer, please be sure to contact your customer directly about their inappropriate use of your photo.
We respect the intellectual property of others, and we ask our Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number and e-mail address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our copyright agent for notice of claims of copyright infringement can be reached by email at firstname.lastname@example.org.
The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trade marks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by a User of any such content or any part of the Site, except as allowed by Section 8 (use of information), is strictly prohibited. The User does not acquire ownership rights to any content or document obtained through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
8. Use Of Information
9. Disclaimer Of Warranty
WHILE ASD ENDEAVOURS TO ENSURE THAT THE INFORMATION ON THE SITE IS CORRECT, ASD DOES NOT WARRANT THE ACCURACY AND COMPLETENESS OF THE MATERIAL ON THE SITE. THE MATERIAL ON THE SITE MAY BE OUT OF DATE, AND ASD MAKES NO COMMITMENT TO UPDATE SUCH MATERIAL.
IF YOU RELY ON ASD OR ANY INFORMATION, PRODUCT OR SERVICE AVAILABLE THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED OVER THE SITE. ALLSTALLIONSDIRECTORY.COM IS PROVIDED TO YOU “AS IS”, WITHOUT CONDITIONS, WARRANTIES OR OTHER TERMS OF ANY KIND. ASD AND ITS AFFILIATES, AGENTS AND LICENSORS, CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETELNESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSES OF THE INFORMATION AVAILABLE THROUGH THIS WEBSITE (OR ANY INFORMATION, GOODS OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH THIS WEBSITE). NOR DO WE OR THEY GUARANTEE THAT THE WEBSITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES WILL ASD BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES ARISING OUT OF YOUR USE OF THIS WEBSITE OR ANY PRODUCT OR SERVICE LINKED TO, FROM OR ADVERTISED OR PROMOTED ON OUR SITE, INCLUDING WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. NOTHWITHSTANDING THE FOREGOING, SHOULD ASD BE FOUND LIABLE IN ANY ACTION BROUGHT BY YOU, YOU AGREE THAT THE LIABILITY OF ASD, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATED TO THE SITE WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE SITE OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OR THESE LIMITATIONS MAY NOT APPLY TO YOU.
YOU AGREE THAT YOU WILL NOT HOLD ASD RESPONSIBLE FOR THE ACTIONS OR INACTIONS OF ANY OTHER USER OF THE WEBSITE, INCLUDING ACTIONS BASED ON ITEMS POSTED BY THOSE THIRD PARTIES AND ACTIONS ARISING OUT OF THE SALE OF ANY PRODUCT, ANIMAL OR SERVICE BASED ON A POSTED AD FOUND ON THE WEBSITE.
10. No Guarantee
ASD does not guarantee the sale of your Livestock or other merchandise. ASD does not guarantee the owner/seller’s representations. ASD does not have a program to insure receipt of your purchase from third parties through this site.
ASD does not guarantee the fertility of a stallion, or its suitability to cross successfully with your mare, or it’s suitability for the intended purpose. ASD does not guarantee the owner’s/seller’s services, representations, or Livestock’s performance or fitness for a particular purpose. In addition ASD strongly recommends that a pre-purchase exam should be performed by the buyer’s equine veterinarian of choice, on any Livestock prior to purchase. ASD does not control the content posted on the site and, as such does not guarantee the accuracy, integrity or quality of such content.
Users are responsible to proofread listings and confirm that correct photos and information appear on ads and are responsible for marking Livestock as sold.
Service interruptions are possible. ASD cannot guarantee uninterrupted service due to circumstances beyond our control.
This Agreement shall be treated as though it were executed and performed in British Columbia, and shall be governed by and construed in accordance with the laws of British Columbia (without regard to conflict of law principles). Any cause of action of a User with respect to the Site (and/or information, forms and agreements, thereon) must be instituted within six months after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 8 (use of information). The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in British Columbia. User expressly submits to the exclusive jurisdiction of said courts and consents to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Failure of ASD to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
12. Links To Other Sites
This site contains links to other websites. ASD are not responsible for the content, accuracy, or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website does not imply approval or endorsement of the linked website by us. If you decide to leave our site and access these third party sites, you do so at your own risk.
13. All Fees Are Non-Refundable
All fees are non-refundable for any reason.
Each registration if for a single user only. ASD does not permit you to share your user name and password with any other person nor with multiple users on a network.
Responsibility for the security of any passwords issued rests with you.
User's right to use the Site is not transferable. Any password or right given to User to obtain access is not transferable.
User agrees to indemnify, defend and hold ASD harmless from any liability, loss, claim and expense, including reasonable attorney fees, related to a User's violation of this Agreement or use of the Site.