Terms of Use

WikiHorseWorld.Com Terms of Use Agreement

Version 1.1

I. Introduction

                 

WikiHorseWorld.com is an Equine Community Website ("WikiHorseWorld") where horse owners, lovers, and enthusiasts across the entire world can come together to discuss, buy, sell, research, display, and advertise horses and horse-related products, services, and events. WikiHorseWorld was conceived and created by horse-lovers for horse-lovers and therefore every effort has been made to provide all the products, services, and resources most desired by equine enthusiasts all "under one roof." WikiHorseWorld provides software, products, and services which enable horse lovers across the globe to:

  • Advertise & sell horses and horse-related products, services, and events
  • Buy horses and horse-related products
  • Meet, interact, and communicate with one another
  • Write or review informative Wiki articles about horses and all things horse-related
  • Research and document pedigree information on registered horses
  • Share horse videos/pictures with friends or the entire world
  • Write reviews on horse-related services, events, and products
  • Create their own horse-related forums, blogs, and stories

 

II. The Agreement

                     

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms, your rights, obligations and restrictions regarding your use of the WikiHorseWorld.com Website ("Website"). By using or visiting the Website, you agree to be bound by this Agreement, whether you are a "Visitor," (i.e. someone who is simply browsing the Website) or a "Member," (i.e. someone who has registered with the Website). The term "User" encompasses both Visitors and Members. You are authorized to use the Website (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with this Agreement, please leave the Website and discontinue any further use of the Website. If you wish to make use of the Website, you must read this Agreement and indicate your acceptance during the Registration process. You may receive a copy of this Agreement by printing it during your registration.

Use of the Website is void where prohibited. By using the Website, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Website does not violate any applicable laws or regulations. Your Member Profile may be deleted and your Member Account may be terminated without warning for any or no reason.

WikiHorseWorld may modify this Agreement from time to time and any such modifications shall be effective upon posting by WikiHorseWorld. You agree to be bound to any changes to this Agreement when you use the Website after any such modifications are posted. Therefore, it is important that you review this Agreement regularly to ensure you are updated about any changes to this Agreement.

Member Accounts

In order to become a Member of the Website and to access certain features of the Website, you must create a Member Account. When creating a Member Account, you must provide all the accurate and complete information that is requested. By becoming a member you can add/edit Content throughout the entire Website, and advertise on the Website. For details on Website advertising see WikiHorseWorld's Classified Advertising Policy which is incorporated herein by reference. Users are not authorized to create multiple Member Accounts, to use another Member's Account, or to create accounts with the intention to misrepresent their identity to other members.

Member Information

You must provide WikiHorseWorld with a valid email address when you create a Member Account. Failure to do so shall constitute a breach of this agreement. You may not (i) select or use a username or email address of another person with the intent to impersonate that person or entity; (ii) use a username or email address subject to the rights of any person without the authorization of such person; (iii) use a username in violation of the intellectual property rights of any person; (iv) create a false identity for the purpose of deceiving another user; or (v) use a username that WikiHorseWorld, at its sole discretion, deems offensive.

Password

When you sign up for a Member Account, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify WikiHorseWorld immediately if you suspect any unauthorized use of your Member Account or access to your password. You are solely responsible for any and all use of your Member Account. WikiHorseWorld assumes no responsibility or liability for the misuse of any Member Account.

Warning about Sharing Personal Information

All Users of the Website should use extreme caution before sharing, posting, or otherwise distributing any personal information about themselves, friends, family members, associates or acquaintances. All Website Users should take whatever steps necessary to insure and verify the honesty, integrity, authenticity, and character of the person or persons with whom they're communicating before sharing or posting any personal information such as phone numbers, email or home addresses, middle or last names, bank card, credit card or debit card account numbers etc. Website Users under the age of 18 should get the permission of a parent or guardian before creating a membership, or sharing, posting, or distributing any personal information on the Website. WikiHorseWorld assumes no liability for any death, injury, loss of or damage to property or livestock as a result of you sharing personal information about yourself, friends, family members, associates or acquaintances on the Website.

III. Content and Use of the Website

Proprietary Rights on Content within WikiHorseWorld

WikiHorseWorld does not claim any ownership rights in the text, files, images, photos, videos, sounds, musical works, works of authorship, materials used to advertise your horse(s) or horse-related item(s) or any other materials (collectively, "Content") that you or any entity unrelated to WikiHorseWorld posts to the Website. After posting your Content to the Website (i.e., displaying or publishing Content on the Website), you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content any way you choose. By displaying or publishing ("posting") any Content on or through the Website, you hereby grant to WikiHorseWorld a limited license to use, modify, publicly perform, publicly display, translate, and distribute such Content solely on and throughout the Website. The license you grant to WikiHorseWorld is non-exclusive (which means you may license your Content to other parties), fully-paid, royalty-free (which means that WikiHorseWorld does not have to pay you fees for the past, present or future use of your Content), sub-licensable and worldwide. Except for the exclusions noted in the "Deletion of Content" section of this agreement for the Wiki Article and Pedigree Database portions of this website, the license you grant to WikiHorseWorld will terminate at the time you remove your content from the Website. Note that the Wiki Article and Pedigree Database portions of this Website are covered by contents rights licenses that are different than the above content license. Refer to the "Wiki Article" and "Pedigree Database" sections of this agreement for details.

You represent and warrant that: (i) you own the Content posted by you on or through the Website or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any other person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through the Website.

The Website also contains Content owned by WikiHorseWorld ("WikiHorseWorld Content"). WikiHorseWorld Content is protected by copyright, trademark, patent, trade secret and other laws, and WikiHorseWorld owns and retains all rights to WikiHorseWorld Content. WikiHorseWorld hereby grants you a limited, revocable, non-sub-licensable license to reproduce and display the WikiHorseWorld Content (excluding any software code) solely for your personal use in connection with viewing and using the Website. The Website contains the Content of Members and other WikiHorseWorld licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Website. WikiHorseWorld assumes no liability for the misuse of any content you post.

Authorship of Content

When you create or edit any Content within the Website (for example Content in Wiki Articles, Forums, Reviews, or Blogs) you are publishing a document. This is a public act and your Member name may be identified publicly with that document (or edition thereof) as its author. Simply viewing Content does not expose your Member identity publicly. You must be logged in to edit or publish Content within the Website. When you are logged in, you will be identified by your Member name. This may be your real first name if you so choose, or whatever Member name you selected when you created your account. Think about this when choosing a Member name. In almost all cases, your IP address will not be made available to the public. WikiHorseWorld will only disclose your IP address if you've violated this Agreement or if WikiHorseWorld has a reasonable belief that such violations have occurred. This includes, but is not limited to cases of abuse, including vandalism of Content by you or by another user with the same IP address. In all cases, your IP address will be stored on WikiHorseWorld's servers and can be seen and tracked by WikiHorseWorld's server administrators. Your IP address, and its connection to any Member names that share it, may be released under subpoena. Remember to log out or disconnect yourself after each session on a shared computer to avoid allowing others to use your Member identity.

You are solely responsible for the Content that you post on or through the Website, and any material or information that you transmit to other Users and for your interactions or financial transactions with other Users. WikiHorseWorld does not endorse and has no control over Content. Content is not necessarily reviewed by WikiHorseWorld prior to posting and does not necessarily reflect the opinions or policies of WikiHorseWorld. WikiHorseWorld makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to or receive from other Users.

WikiHorseWorld does not endorse any Member Content or any opinion, recommendation, or advice expressed on the Website, and WikiHorseWorld expressly disclaims any and all liability in connection with Member Content. WikiHorseWorld does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and WikiHorseWorld will remove all Content if properly notified that such Content infringes on another's intellectual property rights or copyrights (See section named Digital Millennium Copyright Act). WikiHorseWorld reserves the right to remove Content without prior notice for any or no reason.

Deletion of Content

WikiHorseWorld may delete any Content that, in the sole judgment of WikiHorseWorld, violates this Agreement or which may be illegal or offensive to, violate the rights of, harm, or threaten the safety of any person or entity. WikiHorseWorld assumes no responsibility for monitoring the Website for inappropriate Content or conduct. If at any time WikiHorseWorld chooses, in its sole discretion, to monitor the Website, WikiHorseWorld nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of Members posting any such Content. WikiHorseWorld may restrict, suspend, or terminate your access to all or any part of the Website at any time, for any or no reason, with or without prior notice, and without liability.

The removal of content from the website by a user does not necessarily permanently delete that content. All Website Users may be able to view and/or restore previous versions of or entries made to that Content (for example Content in the Wiki Article, Pedigree Database, Forum, Review, or Blog portions of this Website) and see what was there. If Content is "deleted", any Website User may still be able to see and/or restore previously deleted content. Content e-mailed or sent to other users may remain until the other user deletes it. Certain content can only be permanently deleted by WikiHorseWorld Administrators, but WikiHorseWorld makes no guarantee that any such content will be permanently deleted.

Digital Millennium Copyright Act

If you are a copyright owner or an agent thereof and believe that any Content contained within the Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • Reasonable proof that the Content allegedly infringed upon is copyrighted (e.g. copyright registration);
  • Reasonable proof that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
  • Identification of the Content 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 WikiHorseWorld to locate that Content;
  • Information reasonably sufficient to permit WikiHorseWorld to contact you, including your name, address, telephone number, and email address;
  • A statement that you have a good faith belief that use of the Content in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • Your physical or electronic signature; and
  • A notarized statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

                     

You may contact WikiHorseWorld's designated Copyright Agent by mailing to: Dream World Technology, Inc., P.O. Box 520, Bolivar, MO 65613-0520. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice will not be valid.

Counter-Notice

If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the Content, you may send a counter-notice containing the following information to our Copyright Agent:

  • Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
  • Reasonable proof that the Content does not infringe on any applicable copyright laws;
  • A notarized statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content;
  • Your physical or electronic signature; and
  • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the courts in Greene County, Missouri, USA and a statement that you will accept service of process from the person or entity who provided notification of the alleged infringement.

                    

If a counter-notice is received by our Copyright Agent, WikiHorseWorld may send a copy of the counter-notice to the original complaining party informing that person or entity that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or User, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice at WikiHorseWorld's sole discretion.

Content / Activity Prohibited

The following is a partial list of the type of Content that is illegal or prohibited to post on or through the Website. WikiHorseWorld reserves the right to investigate and take appropriate legal action against anyone who, in WikiHorseWorld's sole discretion, violates this provision, including without limitation, removing the offending Content from the Website and terminating the Member Account of violator(s). Prohibited Content includes, but is not limited to, Content that in the sole discretion of WikiHorseWorld:

  • Is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group, individual, or entity;
  • Harasses or advocates harassment of another person or entity;
  • Exploits people in a sexual or violent manner;
  • Contains nudity, violence, or offensive subject matter or contains a link to an adult website;
  • Knowingly solicits personal information from anyone under the age of 18;
  • Promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • Promotes an illegal or unauthorized copy of another person's copyrighted work;
  • Involves the transmission of "junk mail," "chain letters," unsolicited bulk email, "spimming," "spamming", or other unsolicited bulk communications of any kind;
  • Solicits passwords or personal information for commercial or unlawful purposes from other Users;
  • Involves commercial activities and/or sales without WikiHorseWorld's prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  • Includes a photograph or video of another person that you have posted without that person's consent;
  • Criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, buying illegal weapons, violating someone's privacy, copyright infringement, patent infringement, or theft of trade secrets;
  • Illegal gambling, including offshore and domestic gambling and gambling websites that are prohibited from operation in the United States, provided however, that Content related to legal horse race gambling, including but not limited to wiki articles, reviews, forums, and blogs about legal horse race gambling and legal horse race gambling websites are not prohibited Content for this Website.

                

The following is a partial list of the type of Activity that is illegal or prohibited on or through the Website. WikiHorseWorld reserves the right to investigate and take appropriate legal action against anyone who, in WikiHorseWorld's sole discretion, violates this provision, including without limitation, removing the offending communication or Content from the Website and terminating the Member Account of such violator(s). Prohibited Activity includes, but is not limited to:

  • Covering or obscuring the banner advertisements on your personal Member Profile page or any other page of the Website via HTML/CSS or any other means;
  • Any automated use of the Website, such as (but not limited to) using software or scripts to add Members, send comments or messages, e-mail, forum/blog entries, upload or download Content, or cause a denial of service;
  • Interfering with, disrupting, or creating an undue burden on WikiHorseWorld servers or the networks connected to the Website;
  • Attempting to impersonate another Member, person, or entity, or creating a false identity for the purpose of deceiving another user;
  • Using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
  • Selling or otherwise transferring your Member Profile or Member Account;
  • Using any information obtained from WikiHorseWorld in order to harass, abuse, or harm another person or entity;
  • Using WikiHorseWorld in a manner inconsistent with any and all applicable laws and regulations or this Agreement.

                 

You may not transmit any chain letters, junk email, spam, or unsolicited mass mailings to other WikiHorseWorld Members. In order to protect our Members from such advertising or solicitation, WikiHorseWorld reserves the right to restrict the number of emails or instant messages which a Member may send to other Members in any 24-hour period to a number which WikiHorseWorld deems appropriate in its sole discretion. WikiHorseWorld reserves the right to restrict the amount of bandwidth or hard drive storage space (i.e. Megabytes) used by any Member to an amount which WikiHorseWorld deems appropriate in its sole discretion. If you breach this Agreement and post or transmit any of the above prohibited Content on or through the Website or participate in any of the above prohibited activities, you acknowledge that you will have caused substantial harm to WikiHorseWorld and that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay WikiHorseWorld $50 for each such act of prohibited activity or each such posting or transmission of prohibited content on or through the Website.

Member Profile Restrictions

Your WikiHorseWorld Member Profile may not include the following items: any photographs or videos containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information or Content provided or posted by other WikiHorseWorld Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, personally identifying information, products or services, and WikiHorseWorld assumes no responsibility or liability associated with the posting of any such Content or information. If you become aware of the misuse of WikiHorseWorld by any person or entity, please inform WikiHorseWorld immediately by using the Contact Us link located at the bottom of any WikiHorseWorld Webpage.

Non-Commercial Use by Users

The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by WikiHorseWorld in writing. Illegal and/or unauthorized use of the Website, including collecting Member names and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited bulk email or unauthorized framing of or linking to the Website, or any automated download of Content from the Website is strictly prohibited. A User may not distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any information obtained from this Website without the written approval of WikiHorseWorld. Appropriate legal action will be taken for any illegal or unauthorized use of the Website.

IV. WikiHorseWorld General Store

                     

WikiHorseWorld.com has partnered with Amazon.com ("Amazon") to bring Users a broad selection of equine products, supplies, accessories, and literature on the WikiHorseWorld.com General Store ("General Store"). WikiHorseWorld.com provides the products shown in our General Store as a service to our users through a special arrangement with Amazon.com and is not responsible or liable for any purchases or transactions conducted through the General Store. Products available in the General Store may be offered for sale by third parties or directly by Amazon.com (the "Seller"). Because WikiHorseWorld is not, in any way, involved in the completion of sales or transactions arranged on the General Store, users will need to contact the seller directly for any or all the following issues:

  • To check on your order or shipment status
  • To cancel an order
  • To request a refund
  • To return an order
  • To resolve disputes regarding the sale

                       

WikiHorseWorld does not contact customers on behalf of either sellers or buyers and we do not mediate in disputes. You are, however, protected by Amazon's A-to-Z Guarantee in the event that you cannot reach an agreement with the seller. You can locate a seller's e-mail address and information regarding open and recently shipped orders, contact Amazon.com, or pursue order problems by logging into your Amazon.com account (not included with a WikiHorseWorld.com account).

WikiHorseWorld does not endorse or sanction any of the products or sellers listed in the General Store nor on any "Powered by Amazon" website. Under no circumstances shall WikiHorseWorld.com be responsible or held liable for any loss or damage including, but not limited to, loss of money, personal injury or death, loss of or damage to property or livestock, identity theft, or dissatisfaction resulting from the purchase or use of products or services obtained through our General Store. Any disputes which may arise from a purchase through our General Store should be referred directly to Amazon.com for resolution.

V. WikiHorseWorld Pedigree Database

               

The WikiHorseWorld.com Pedigree Database ("Pedigree Database") enables Website members to enter, edit, view, and research the detailed Pedigree, ancestry, or lineage information of registered, register-able, or non-registered horses. The Pedigree Database contains graphics, information, data, editorial and other Content accessible by any user of WikiHorseWorld.

All Content displayed in the Pedigree Database is owned and copyrighted by Dream World Technology, Inc. and may be used only in accordance with this limited use license. The Pedigree Database is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws.

Users are licensed to use Content contained in the Pedigree Database only for personal and non-commercial research and may not distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, text, photos or videos obtained from the Pedigree Database. The download of the whole or significant portions of the information contained in the Pedigree Database is strictly prohibited.

By submitting content to the Pedigree Database, you grant WikiHorseWorld.com a license to use, modify, publicly perform, publicly display, translate, and distribute that Content, in any form or context we deem appropriate. You should submit only content which belongs to you and will not violate the property, copyrights, or other rights of other people or organizations. Users agree that they will not willfully add or edit any of the contents contained therein with false or misleading information, or maliciously delete Content.

WikiHorseWorld makes no representations concerning the suitability, reliability, accuracy, or completeness of the Content and assumes no liability to anyone for error. Neither WikiHorseWorld nor anyone affiliated with WikiHorseWorld is responsible for any decision made as a result of information provided in the Pedigree Database. All Content contained in the Pedigree Database is subject to change without notice. WikiHorseWorld may occasionally modify this Pedigree Database license and any such modifications shall be effective upon posting by WikiHorseWorld.

VI. WikiHorseWorld Wiki Article Section

                        

The WikiHorseWorld.com Wiki Article Section ("Wiki Section") allows users to collaborate, using standard Wiki conventions, to create informative Wiki Articles on horses, horse care, horse health and wellness, and a wide variety of other horse-related topics. All content contained in the Wiki Section is currently licensed for use according to the terms of GNU Free Documentation License ("GFDL") Version 1.2. Permission is granted to copy, distribute and/or modify the contents of the WikiHorseWorld Wiki Article Section under the terms of the GNU Free Documentation License, Version 1.2 published by the Free Software Foundation. A copy of the GNU Free Documentation license used for the Wiki Section is available via a link located at the bottom of every Webpage. WikiHorseWorld reserves the right to re-license all Content contained in the Wiki Section at any future date to the Creative Commons Attribution Share-Alike license (CC-BY-SA) or another similar "copyleft" license largely similar in spirit to the GFDL. By using the WikiHorseWorld Wiki Article Section, Users agree to not willfully add or edit Content with false or misleading information, or maliciously delete Content.

WikiHorseWorld makes no representations concerning the suitability, reliability, accuracy, or completeness of the Content and assumes no liability to anyone for error. Neither WikiHorseWorld nor anyone affiliated with WikiHorseWorld is responsible for any decision made as a result of information provided in the Wiki Article section. All Content contained in the Wiki Article section is subject to change without notice. As noted above, WikiHorseWorld may modify the license used for the Wiki Article section and any such modifications shall be effective upon posting by WikiHorseWorld.

VII. Resolution of Disputes

                          

If a dispute arises between you and WikiHorseWorld, our goal is to provide you with a neutral and cost effective means for resolving the dispute quickly. Accordingly, you and WikiHorseWorld hereby agree to resolve any dispute, legal claim, legal notice, "request for arbitration" or controversy at law or equity ("Claim") that arises out of this Agreement or our Website in the following way:

  1. Informal Resolution. Prior to filing any Claim against WikiHorseWorld or requesting arbitration, the User agrees to email WikiHorseWorld with a detailed explanation of the issue or dispute using the Contact Us link located at the bottom of any webpage. Please include your full name and a daytime telephone number. WikiHorseWorld will attempt to promptly resolve any issues or disputes in a manner satisfactory to all parties.

  2. Arbitration. If informal resolution has not satisfactorily addressed the issue or dispute within 45 days of the original e-mail, the User may then file a "Request for Arbitration ". The request must include:

    • A detailed explanation of the user's dispute / claim
    • A detailed explanation of why WikiHorseWorld's prior attempts to resolve the dispute / claim informally are unsatisfactory
    • A detailed explanation of the alleged harm or damage incurred by the user
    • A detailed explanation of why the user believes WikiHorseWorld is responsible or liable for such damage or harm citing specific paragraphs, errors, or omissions in this Agreement to substantiate such liability
    • Documentation providing reasonable proof of such damage or harm along with a written estimate of the financial damages caused by such damage or harm from a qualified, neutral, and objective third party
    • Documentation providing reasonable proof that WikiHorseWorld.com caused such damage or harm

    The User must provide a full name, address, telephone number, and preferred email address, along with a notarized signature and date. The Request for Arbitration should be mailed to: Dream World Technology, Inc., P.O. Box 520, Bolivar, MO 65613-0520. WikiHorseWorld will provide a list of qualified arbiters from the Springfield, Missouri or Kansas City, Missouri area from which the User may choose. Use of arbitration shall not prevent WikiHorseWorld from seeking injunctive relief in a court of competent jurisdiction. If, after hearing all the relevant details of the dispute, the arbiter finds a clear winner and a clear loser, the loser will be required to pay the entire cost for arbitration. If however the arbiter finds merit in the arguments of both parties, the parties agree to split the cost of arbitration regardless of whether or not a compromise or agreement is reached.

  3. Litigation. If arbitration does not satisfactorily address the issue or dispute within 120 days of the original email, the user may then file a legal claim or notice. Except as explicitly stated otherwise, legal notices or Claims shall be served in writing on WikiHorseWorld to: Dream World Technology, Inc., P.O. Box 520, Bolivar, MO 65613-0520 (in the case of WikiHorseWorld) or to the email address you provide to the Website during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless WikiHorseWorld is notified that the email address is invalid or that the email was not delivered.

Improperly Filed Claims

All claims brought against WikiHorseWorld must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the above Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, WikiHorseWorld may recover attorneys' fees and costs, provided that WikiHorseWorld has notified you in writing of the improperly filed claim and you have failed to promptly withdraw the claim.

Law and Forum for Disputes

This Agreement shall be governed in all respects by the laws of the State of Missouri, USA, without regard to conflict of law provisions. You agree that any claim or dispute you may have against WikiHorseWorld must be resolved by the state and federal courts of the United States located in the State of Missouri, Greene County.

Disputes with Other Users

You are solely responsible for your interactions or financial transactions with other Users. WikiHorseWorld reserves the right, but has no obligation, to monitor disputes between you and other Users or to become involved in those disputes.

VIII. Disclaimers

                        

WikiHorseWorld is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with WikiHorseWorld, whether caused by Users of the Website or by any of the equipment or programming associated with or utilized in the Website. Content created and posted by Members on the Website may contain links to other websites. WikiHorseWorld is not responsible for the Content, accuracy, or opinions expressed on such other websites, and such other websites are in no way investigated, monitored or checked for accuracy or completeness by WikiHorseWorld, nor does WikiHorseWorld guarantee a User's privacy upon leaving this Website and visiting another website.

Inclusion of any linked website on WikiHorseWorld does not imply approval or endorsement of the linked website by WikiHorseWorld. When you access third-party websites, you do so at your own risk. Your interactions or financial transactions with individuals or entities found on or through the Website, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such individuals or entities. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. WikiHorseWorld takes no responsibility for any third party advertisements which are posted on or through the Website, nor does it take any responsibility for the goods or services provided by its advertisers.

WikiHorseWorld is not responsible for the conduct or posted Content, whether online or offline, of any User of the Website. WikiHorseWorld assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication, Content, or personal information.

WikiHorseWorld is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or software applications due to technical problems or traffic congestion on the Internet or the Website or combination thereof, including any injury, death, or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Website.

Under no circumstances shall WikiHorseWorld be responsible for any loss or damage, including personal injury or death, loss of money, loss of or damage to property or livestock resulting from use of the Website, from any Content posted on or through the Website, or from the conduct of any Users of the Website, whether online or offline.

The Website is provided "AS-IS" and as available and WikiHorseWorld expressly disclaims any warranty of or fitness for a particular purpose. WikiHorseWorld cannot guarantee and does not promise any specific results from the use of the Website. In no event will WikiHorseWorld or any person or entity involved in creating, producing, or distributing this Website be liable for any direct, indirect, incidental, special, or consequential damages (including but not limited to lost profits or wagering losses) arising out of the use of or inability to use this Website or out of the breach of any warranty. Users hereby acknowledge that the provisions of this section shall apply to all Content posted on or through this Website.

Disclaimer on Horsemanship

Horsemanship and/or equine activities of any sort including, but not limited to, riding, training, petting, owning, feeding, caring for, or being in close proximity to horses or any equine species is inherently dangerous. WikiHorseWorld assumes no liability whatsoever and you expressly agree that you will not hold WikiHorseWorld liable for any injury, death, or damage to property or other livestock associated with horsemanship and/or equine activities of any sort.

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Terms of Use Agreement.

Limitation On Liability

IN NO EVENT SHALL WIKIHORSEWORLD NOR ANYONE AFFILIATED WITH WIKIHORSEWORLD BE LIABLE TO YOU OR ANY ENTITY YOU REPRESENT OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, MONEY, OR PROPERTY ARISING FROM YOUR USE OF THE PRODUCTS AND SERVICES OFFERED BY WIKIHORSEWORLD, EVEN IF WIKIHORSEWORLD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WIKIHORSEWORLD IS NOT RESPONSIBLE FOR ANY DECISION OR FINANCIAL TRANSACTION MADE AS A RESULT OF CONTENT POSTED ON OR THROUGH THIS WEBSITE. ALL CONTENT IS SUBJECT TO CHANGE WITHOUT NOTICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WIKIHORSEWORLD'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO WIKIHORSEWORLD FOR USE OF THE WEBSITE.

U.S. Export Controls

Content or software that may be available in connection with the Website is further subject to United States export controls. No content or software may be downloaded from the Website or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using any such Content or software is at your sole risk.

Indemnity

You agree to indemnify and hold WikiHorseWorld, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Website in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Website causes WikiHorseWorld to be liable to another person or entity.

Fees

WikiHorseWorld reserves the right to charge subscription fees for access to any and all sections or components of the Website and to change any such subscription fees from time to time at its sole discretion. If WikiHorseWorld terminates your Member Account because you have breached this Agreement, you shall not be entitled to the refund of any unused portion of any fees paid to WikiHorseWorld.

IX. Miscellaneous

                     

  • This Agreement is accepted upon your use of the Website and is further affirmed by your creation of a Member Account on the Website. This Agreement shall remain in full force and effect while you use WikiHorseWorld or as long as you maintain a Member Account at WikiHorseWorld.
  • You may terminate your Member Account at any time, for any reason, by selecting the "Unregister" option on your Member Profile Page. WikiHorseWorld may terminate your Account at any time, without warning, for any or no reason. Even after a Member Account is terminated, this Agreement will remain in full force and effect.
  • This Agreement constitutes the entire agreement between you and WikiHorseWorld regarding the use of the Website. The failure of WikiHorseWorld to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. In the event that any provision(s) of this Agreement conflicts with the law under which this Agreement is to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to this Agreement, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement will remain in full force and effect.
  • This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void, or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. Anything appearing in any section of this Agreement should not be construed as applying only to that section and should be understood to apply to the entire Website.
  • For additional information about how WikiHorseWorld helps you protect your privacy and avoid fraud, please refer to our Privacy Policy and Fraud Prevention documents (both of which are incorporated herein by reference) by clicking on the respective links located at the bottom of every page of the Website.
  • WikiHorseWorld is a pending trademark of Dream World Technology, Inc.

 

Copyright Notice

Copyright (c) 2007-2009, Dream World Technology, Inc. All rights reserved. All text, images, graphics, animation, videos, music, sounds and other materials on this Website are subject to the copyrights and other intellectual property rights of Dream World Technology, Inc., its affiliated companies and its licensors. Dream World Technology, Inc. owns the copyrights in the selection, coordination and arrangement of the Content on this Website. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of WikiHorseWorld to terminate Member Account privileges of any Member who repeatedly infringes the copyrights of others upon receipt of proper notification to WikiHorseWorld by the copyright owner or the copyright owner's legal agent.

Please contact us at: Dream World Technology, Inc., P.O. Box 520, Bolivar, MO 65613-0520 with any questions regarding this Agreement.

BY USING THE SITE, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THIS ENTIRE AGREEMENT AND AGREE TO ALL OF THE TERMS AND PROVISIONS CONTAINED ABOVE.


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