End User Terms of Use and Privacy Policy
Your use of AustinHorseDirectory.com is subject to certain terms and conditions. The terms and conditions set forth below (“Terms of Use”), as well as the privacy policy set forth below (“Privacy Policy”), apply to your use of the portions of AustinHorseDirectory.com on which links to either or both of the Terms of Use or the Privacy Policy appear (the “Site”). Other portions of AustinHorseDirectory.com may be governed by different terms and conditions or privacy policies. In the event of a conflict between any term or condition of these Terms of Use or the Privacy Policy, on the one hand, and any other terms of use or privacy or other policies, on the other hand, the applicable term or condition of these Terms of Use or the Privacy Policy shall prevail with respect to your use of AustinHorseDirectory.com.
By accessing and using AustinHorseDirectory.com, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and the Privacy Policy referenced below. If you do not accept these Terms of Use and the Privacy Policy, you are not authorized to use AustinHorseDirectory.com. We may modify these Terms of Use and the Privacy Policy at any time and such modification will be effective upon posting to AustinHorseDirectory.com.
Introduction
AustinHorseDirectory.com is provided as an interactive and informational resource. It is provided to you by DotcomCowgirl, Inc. the owner of AustinHorseDirectory.com (“us” or “we” or “our”), in connection with our partners, service providers, sponsors, or other affiliates.
Use of the Site
AustinHorseDirectory.com contains material, such as software, text, graphics, images, video, audio and other material (collectively referred to as the “Content”). The Content may be owned by us or may be provided through an arrangement we have with others, including other users of AustinHorseDirectory.com, and our partners, sponsors, or affiliates. The Content is protected by copyright under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you may not use the Content except as permitted under these Terms of Use. No other use is permitted without prior written consent from us or the owner of the Content. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of these Terms of Use, your permission to access and/or use the Content and AustinHorseDirectory.com automatically terminates and you must immediately destroy any copies you have made of the Content.
Various company, product, and service names displayed on AustinHorseDirectory.com may be trademarks or service marks owned by others (the “Third-Party Trademarks”). Nothing on AustinHorseDirectory.com should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Third-Party Trademark displayed on AustinHorseDirectory.com. The Third-Party Trademarks may not be used to disparage any applicable third-party, any of their products or services, or in any manner in which, in our reasonable judgment, may damage any goodwill in the Third-Party Trademarks.
AustinHorseDirectory.com contains links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. In addition, AustinHorseDirectory.com contains content posted, stored, or displayed at the direction of users of AustinHorseDirectory.com, for which we cannot accept any responsibility or liability.
AustinHorseDirectory.com is for personal use only and may not be used in connection with any commercial endeavors except those that are specifically approved by us. The following activities are expressly prohibited: (i) collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other communications, (ii) any use of AustinHorseDirectory.com, which in our sole judgment, degrades the reliability, speed, or operation of AustinHorseDirectory.com or any underlying hardware or software thereof, and (iii) any use of AustinHorseDirectory.com which is unlawful or in violation of these Terms of Use.
By using AustinHorseDirectory.com, you represent and warrant that you are 13 years of age or older.
User Content
AustinHorseDirectory.com may now or in the future permit the submission of Content at the direction of users of AustinHorseDirectory.com (“User Content”) and the hosting, sharing, and/or publishing of such User Content. You understand that whether or not such User Content is published, we do not guarantee any confidentiality with respect to any submissions.
You shall be solely responsible for User Content you submit and the consequences of our posting or publishing such User Content. In connection with any User Content you submit, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize both us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by AustinHorseDirectory.com and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by AustinHorseDirectory.com and these Terms of Use. By submitting the User Content to us, you hereby grant both us a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the User Content in connection with AustinHorseDirectory.com and our (and our successors’) business, including without limitation for promoting and redistributing part or all of AustinHorseDirectory.com (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of AustinHorseDirectory.com a non-exclusive license to access your User Content through AustinHorseDirectory.com, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of AustinHorseDirectory.com and under these Terms of Use. We may maintain copies of any User Content for purposes of backup, security, or maintenance, or as required by law.
In connection with User Content, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person. We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with any User Content. We do not permit copyright infringing activities and infringement of intellectual property rights on AustinHorseDirectory.com, and we will remove all Content and User Content if properly notified that such Content or User Content infringes on another’s intellectual property rights. We may remove any Content and User Content without prior notice. We may also terminate your access to AustinHorseDirectory.com, if you are determined to be a repeat infringer. A repeat infringer is anyone who has been notified of infringing activity more than once and/or has had any User Content removed from AustinHorseDirectory.com more than twice. We also reserve the right to decide whether Content or User Content is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. We may remove such User Content and/or terminate your access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.
If you are a copyright owner or an agent thereof and believe that any User Content or other Content 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):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material 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 us to locate the material;
(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A 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.
Our designated Copyright Agent to receive notifications of claimed infringement and other notices relating to User Content and/or violation of these Terms of Use (e.g., violations of criminal laws) is: Haylie McCort, c/o DotcomCowgirl, Inc., 7516 Bluff Springs Road, Austin, Texas 78744 / Email: info (at) austinhorsedirectory.com. For clarity, only DMCA notices and notices relating to complaints in connection with User Content or violations of these Terms of Use should go to the Copyright Agent; any other comments, requests for technical support, and other communications should be addressed to our standard support contacts as identified on AustinHorseDirectory.com.
Indemnity
You agree to defend, indemnify, and hold us harmless from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms of Use or your uploading of, access to, or use or misuse of the Content or AustinHorseDirectory.com. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
Disclaimer of Warranty and Limitation of Liability
WE, OUR AFFILIATES, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT (INCLUDING THE USER CONTENT), INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR RELIABILITY. WE SHALL BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE AustinHorseDirectory.com AND THE CONTENT AT YOUR OWN RISK.
WE DO NOT WARRANT THAT AustinHorseDirectory.com WILL OPERATE ERROR‑FREE OR THAT AustinHorseDirectory.com, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF AustinHorseDirectory.com OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.
AustinHorseDirectory.com’s CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON‑INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE AustinHorseDirectory.com AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF A WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
General
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
These Terms of Use are governed by the internal substantive laws of Texas, without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the province and federal courts in Austin, Texas. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect. Failure by us to act on or enforce any provision of the Terms of Use shall not be construed as a waiver of that provision or any other provision in these Terms of Use. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by the us and you, these Terms of Use constitute the entire agreement between you and us with respect to the subject matter, and supersede all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. These Terms of Use will inure to the benefit of our successors, assigns, licensees, and sublicensees.
Privacy Policy
(This Privacy Policy was last updated on February 1, 2013.)
Our Policy
Through AustinHorseDirectory.com, we may provide you with access to varied user-generated and other content and interactive and informational resources (collectively, “Services”). This Privacy Policy sets forth our policies with respect to information including personally identifiable data (“Personal Data”) and other information that is collected from you when using AustinHorseDirectory.com.
Information We Collect
When you interact with us through AustinHorseDirectory.com, we may collect Personal Data and other information from you, as further described below:
Personal Data That You Provide Through AustinHorseDirectory.com: We collect Personal Data from you when you voluntarily choose to provide such information such as when you contact us with inquiries, respond to one of our surveys, register for access to the Services or use certain Services. Wherever we collect Personal Data we make an effort to provide a link to this Privacy Policy. By voluntarily providing us with Personal Data, you are consenting to our use of it in accordance with this Privacy Policy. If you provide Personal Data to AustinHorseDirectory.com, you acknowledge and agree that such Personal Data may be transferred from your current location to its offices and servers, its affiliates and their contractors located in the United States and other countries.
Other Information:
Non-Identifiable Data: When you utilize AustinHorseDirectory.com, we may receive certain personally non-identifiable information about your use of AustinHorseDirectory.com. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. We may store such information ourselves or it may be included in databases owned and maintained by our affiliates, agents or service providers. We may use such information and pool it with other information to track, for example, the total number of visitors to AustinHorseDirectory.com, the number of visitors to each page of AustinHorseDirectory.com, and the domain names of our visitors’ Internet service providers. It is important to note that no Personal Data is available or used in this process.
In operating AustinHorseDirectory.com, we may use cookies. A cookie is a piece of information that the computer or computers that host our AustinHorseDirectory.com give to your browser when you access AustinHorseDirectory.com. Our cookies help provide additional functionality to AustinHorseDirectory.com and help us analyze AustinHorseDirectory.com usage more accurately. For instance, AustinHorseDirectory.com may set a cookie on your browser that keeps you from needing to remember and then enter a password more than once during a visit to AustinHorseDirectory.com. On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive notification when you are receiving a new cookie and how to turn cookies off. We recommend that you leave cookies turned on because they allow you to take advantage of some of AustinHorseDirectory.com features.
Aggregated Personal Data: In an ongoing effort to better understand and serve the users of the Services, we may conduct research on our end user’s demographics, interests and behavior based on the Personal Data and other information provided to us. This research may be compiled and analyzed on an aggregate basis, and we may share this aggregated data with our affiliates, agents and business partners. This aggregate information does not identify you personally. We may also disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.
Our Use of Your Personal Data and Other Information:
We will use the Personal Data you provide in a manner that is consistent with this Privacy Policy. If you provide Personal Data for a certain reason, we may use the Personal Data in connection with the reason for which it was provided. For instance, if you contact us by e-mail, we will use the Personal Data you provide to answer your question or resolve your problem. Also, if you provide Personal Data in order to obtain access to the Services, we will use your Personal Data to provide access to such services and to monitor your use of such services. We may also use your Personal Data and other personally non-identifiable information collected through AustinHorseDirectory.com to help us improve the content and functionality of AustinHorseDirectory.com, to better understand our users and to improve the Services. We may use this information to contact you in the future to tell you about services we believe will be of interest to you.
Our Disclosure of Your Personal Data and Other Information
There are certain circumstances in which we may share your Personal Data with certain third parties without further notice to you, including as set forth below:
Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a sale, merger, reorganization, dissolution or similar event relating to all or a portion of our business, assets or AustinHorseDirectory.com, Personal Data may be part of the transferred assets.
Service Providers, Agents and Related Third Parties: We sometimes hire other companies to perform certain business-related functions. Examples include mailing information, maintaining databases and processing payments. When we employ another company to perform a function of this nature, we may need to provide them with access to certain Personal Data. However, we only provide them with the information that they need to perform their specific function.
Legal Requirements: We may also disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend our rights or property, (iii) act in urgent circumstances to protect the personal safety of users of AustinHorseDirectory.com or the public, or (iv) protect against legal liability.
Your Choices
You can use AustinHorseDirectory.com without providing any Personal Data, however, you may not be able to use certain Services such as creating your Business Listing, uploading classifieds and/or making comments on blog posts.
Exclusions
This Privacy Policy shall not apply to any unsolicited information you provide to us through AustinHorseDirectory.com or to through any other means. This includes, but is not limited to, information posted to any public areas of AustinHorseDirectory.com, such as bulletin boards (collectively, “Public Areas”), any ideas for new products or modifications to existing services, and other unsolicited submissions (collectively, “Unsolicited Information”), including all User Content as that term is defined in our Terms of Use. All such Unsolicited Information shall be deemed to be non-confidential and we shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution. Please also note that any Personal Data or other information you provide to be displayed in your publicly available online profile will be displayed for others to see and thus will not be subject to the terms of this Privacy Policy. We cannot and will not be responsible for what third parties do with any Personal Data or other information that you choose to make publicly available. As such, we advise that you exercise great care in determining what information you choose to make publicly available through AustinHorseDirectory.com.
Children
We do not knowingly collect Personal Data from children under the age of 13. If you are under thirteen, please do not submit any Personal Data through AustinHorseDirectory.com. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children to never provide Personal Data on AustinHorseDirectory.com without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Data to us through AustinHorseDirectory.com, please contact us, and we will endeavor to delete that information from our databases.
Links to Other WebSites
This Privacy Policy applies only to AustinHorseDirectory.com. AustinHorseDirectory.com may frame or contain references or links to other websites not operated or controlled by Service Provider (the “Third Party Sites”). The policies and procedures we described here do not apply to the Third Party Sites. The links from AustinHorseDirectory.com do not imply our Service review or endorsement of the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.
Security
We take reasonable steps to protect the Personal Data provided via AustinHorseDirectory.com from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from AustinHorseDirectory.com may not be secure. Therefore, you should therefore take special care in deciding what information you send to us via e-mail. Please keep this in mind when disclosing any Personal Data to us Provider via the Internet.
Changes to Our Privacy Policy
AustinHorseDirectory.com may change from time to time. As a result, at times it may be necessary for us to make changes to this Privacy Policy. Accordingly, we reserve the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated above. Your continued use of AustinHorseDirectory.com after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.
Access to Information; Contacting Us
You may contact us in the event you have questions about Service this Privacy Policy or our information practices, at info (at) austinhorsedirectory.com.
