Standard Terms and Conditions.
The Scothorse Classifieds service is provided subject to the following
Terms and Conditions:
AGREEMENT BETWEEN THE USER AND SCOTHORSE: For the purpose of these
terms and conditions of web site use, "Scothorse", "we" or "us" means
Scothorse Equestrian Internet Marketing, our employees, partners,
agents and suppliers.
Scothorse Classifieds is provided by Sharpnet Internet Solutions Ltd,
18 Formonthills Road, Glenrothes, Fife, KY6 3EF, UNITED KINGDOM.
Registered in Scotland number 245632.
COPYRIGHT AND TRADEMARKS: Scothorse Classifieds is copyright © 2001-2003
Sharpnet Internet Solutions Limited, all rights reserved. Copying is
prohibited except in accordance with the following limited permissions:
You may view this page on screen and print out a copy for personal use.
You may save a copy of this page to your local hard disk for the
purposes of creating one personal back up copy. All other copying and
distribution of any of the contents of this site are strictly forbidden.
Scothorse is a trademark of Scothorse Equestrian Internet Marketing.
Sharp Ads is a trademark of Sharpnet Internet Solutions Ltd.
Scothorse Classifieds IS A VENUE: Scothorse Classifieds acts as a venue
for sellers to list items or services, buyers to find items or services,
and for users to exchange their views and opinions. Scothorse is not
involved in the actual transaction between buyers and sellers.
As a result, we have no control over the quality, safety or legality of
the items advertised, the truth or accuracy of the listings, the ability
of sellers to sell items or the ability of buyers to buy items. Any
views or opinions are those of the author, and do not necessarily
represent those of Scothorse. Also, due to the difficulty in authenti-
cating people over the Internet, we cannot and do not confirm each
user's identity.
The Scothorse Classifieds adverts and communication between the parties
are regularly screened at random. Due to the high level of trafic we
cannot check every communication or adverts.
PAYMENT: Most aspects of the Scothorse service are offered for free.
However, some services require appropriate payment to be made in full
prior to use. In such cases, the amount payable will be clearly
indicated. We may change our fees and rates from time to time,
No refunds will be given once the adverts are placed online.
ADVERTISEMENTS: You must state whether or not any goods or services
advertised are offered in the course of a trade or business. You must
be legally entitled to offer the goods or services you advertise.
You must ensure that all advertisements you submit are in no way
unlawful, and comply with the British Code of Advertising Practice in
all respects.
MATERIAL PUBLISHED BY YOU: You should ensure that all adverts,
information and messages you publish:
- are not false, inaccurate or misleading
- are not fraudulent or involve the sale of counterfeit or stolen items
- are not infringing any third party's copyright, patent, trademark,
trade secret or other proprietary rights or rights of publicity or
privacy
- do not violate any law, statute, ordinance or regulation (including
without limitation those governing export control, consumer
protection, unfair competition, antidiscrimination or false
advertising)
- are not defamatory, libellous, unlawfully threatening or unlawfully
harassing
- do not violate the legal rights (such as rights of privacy or
publicity) of others
- do not embarrass or cause distress or discomfort upon another
participant
- do not contain any viruses, Trojan horses, worms, time bombs,
cancelbots or other computer programming routines that are intended
to damage, detrimentally interfere with, surreptitiously intercept or
expropriate any system, data or personal information
- do not create liability for us or cause us to lose (in whole or in
part) the services of our ISPs or other suppliers;
ACTING ON BEHALF OF OTHERS: You may only publish material on behalf of
other parties with their express permission. In doing so, you are
responsible for ensuring that the Terms and Conditions of the Scothorse
Classifieds service are met in full. You are also responsible for
ensuring that the latest copy of our Terms and Conditions are brought
to the attention of these parties.
USER PRIVACY: You should not contact any other user except in connection
with their participation in Scothorse, and where they have specifically
solicited that contact. You should not use any robot, spider, other
automatic device, or manual process to collect email addresses or other
personal information.
Your actions should not restrict or inhibit any other users from using
and enjoying the Scothorse community.
REMOVE, RECLASSIFY OR WITHDRAW SERVICE: We reserve the right at our
absolute discretion to refuse or remove any advertisement or message,
to edit or reclassify any advertisement or message, or to withdraw the
use of our service from any person or body as we see fit, without notice
and without being required to provide reasons.
LICENCE: You retain all ownership rights to any content that you publish
or submit to Scothorse Classifieds. However, by submitting content to
Scothorse Classifieds, you grant us a license to use, modify, copy,
distribute, transmit, publicly display, publicly perform, reproduce,
publish, sublicense, create derivative works from, transfer, or sell any
such content.
LINKS TO THIRD PARTY SITES: This Web site may contain links to web sites
operated by parties other than Scothorse. Such links are provided for
your convenience only. Scothorse does not control such web sites, and
is not responsible for their contents. Scothorse's inclusion of links
to such web sites does not imply any endorsement of the material on
such web sites or any association with their operators.
DISCLAIMER: All material published by us is published in good faith.
Under no circumstances is any responsibility accepted for the accuracy
of any advertisement or message published (nor is any warranty expressed
or implied by such publication), whether caused by us, or any other
person. The adverts featured on this website are posted by independent third
party vendors. We cannot warrant the accuracy of any of the information
contained in the adverts, and exclude, to the fullest extent permitted
by law, our liability for any losses (including, without limitation,
our liability for any loss, damage, expense, costs or financial losses)
which you may incur as a result of any use or reliance you may make of or
put on such information. Users are advised to take such independent advice
as is required in order to satisfy themselves that any horse advertised on
this website meets the criteria set out in the relevant advert and any other
requirements (general or specific) which the purchaser may have.
WARRANTY: We make no warranties or representations of any kind for the
services being offered. The service is provided on a "as is" and "as
available" basis without warranties of any kind, either express or
implied, including but not limited to warranties of title, non
infringement, or implied warranties of merchantability or fitness for
a particular purpose. No advice or information given by us shall create
a warranty.
INDEMNIFICATION: You agree to indemnify, defend, and hold harmless us
from any and all liability, penalties, losses, damages, costs, expenses,
solicitor's fees, causes of action, circumstance or claims caused by or
resulting directly from the service provided to you, which damages
either you, us, or any other party or parties without limitation or
exception. This indemnification and hold harmless agreement extends to
all aspects of the service. These terms and conditions shall not affect
your statutory rights as a consumer.
GOVERNING LAW: The contents of these Terms and Conditions are governed
under Scottish law. You hereby consent to the exclusive jurisdiction
and venue of courts in Scotland in all disputes arising out of or
relating to the use of this Web site. Use of this Web site is unauthorised in any
jurisdiction that does not give effect to all provisions of
these terms and conditions, including without limitation this paragraph.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable
law including, but not limited to, the warranty disclaimers and 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.
This agreement constitutes the entire agreement between us with respect to this Web site and it
supersedes all prior or contemporaneous communications and proposals, whether electronic, oral,
or written. A printed version of this agreement 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 and subject to the same conditions as other business documents and records
originally generated and maintained in printed form.
Any rights not expressly granted herein are reserved.
Last update: 17th August 2004
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