NOTICE TO USER: THIS IS A CONTRACT. BY REGISTERING FOR THIS SERVICE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IMPORTANT-PLEASE READ CAREFULLY: This RidersCorral Terms of Service Agreement ("Agreement") is a legal agreement between you, either an individual, a corporate or organizational entity, and RidersCorral. This document describes the terms and conditions that cover the use of the RidersCorral network ("Network"), the RidersCorral.com website (including versions of the website that may exist on other domains.
Welcome to RidersCorral.com, a social utility that connects equestrians with their friends, and meet new riders from around the world. By accessing or using our web site at www.RidersCorral.com or the mobile version thereof signify that you have read, understand and agree to be bound by these Terms of Use, whether or not you are a registered member of RidersCorral. If you wish to become a Member, communicate with other riders and/or make use of the RidersCorral Services, you must read this Agreement and indicate your acceptance during the registration process.
1. Eligibility
RidersCorral is intended solely for users who are ten (10) years of age or older. By registering for the RidersCorral Service, you represent and warrant that you are 10 or older and that you have the capacity to understand, agree to and comply with these Terms of Service. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 10 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.
2. Changes to Terms of Service
RidersCorral reserves the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of RidersCorral Service after any such changes constitutes your binding acceptance of the new Terms of Use. If you do not agree to be bound by these Terms of Use and to follow all applicable laws, you should leave the RidersCorral Website and discontinue use of the RidersCorral Services immediately. It is your responsibility to regularly check the Site to determine if there have been changes made to these Terms of Use and to review such changes. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the RidersCorral Services or are a Member.
3. Registration and Account Security
When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password and account which may not be shared with others. (a) provide accurate, current and complete information about you as may be prompted by any registration forms on RidersCorral; (b) your use of the RidersCorral Services does not violate any applicable law or regulation; (c) 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; and (d) You agree to immediately notify RidersCorral of any unauthorized use of your account, password or any other breach of security known to you. You are solely responsible for any and all use of your account. You may not use automated means, including spiders, robots, crawlers, data mining tools, or the like to sign on, use, or receive information.
4. Fees
You acknowledge that RidersCorral reserves the right to charge for any portion of the RidersCorral Services and to change its fees (if any) from time to time in its discretion. If RidersCorral terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
5. Members Conduct
5a. The RidersCorral Services are for the personal use of Members and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by RidersCorral. RidersCorral reserves the right to remove commercial content in its sole discretion.
5b. You may not use the RidersCorral Service for any illegal or unauthorized purpose including collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the RidersCorral Website, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. RidersCorral may, but shall have no obligation to, remove Materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms of Service. Further, under no circumstances does RidersCorral have any obligation to check the accuracy or truthfulness of any Materials, nor to monitor any Member's use of the RidersCorral Service.
5c. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from your country of residence. You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content ('Materials') that you submit, post, and display on the RidersCorral.com Service.
6. Conditions for Use
Although RidersCorral is a private company, we aspire to respect constitutionally guaranteed rights of expression of people in the countries they reside. However, we reserve the right to terminate an account when the Member's expression infringes on other Members' rights. Without limitation, RidersCorral reserves the right to terminate your access to the Network if, in our view, your conduct fails to meet any of the following guidelines or other guidelines that may be provided on the RidersCorral site from time to time. You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by you including the content of your transmissions through the RidersCorral Service. By way of example, and not as a limitation, you agree NOT to:
a) Publish, distribute and/ or disseminate any harmful, bigotry, racism, obscene, indecent, unlawful, libelous, profane, defamatory, infringing, inappropriate, hatred, or physical harm of any kind against any group or individual on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
b) Abuse, harasses, stalk, threaten or otherwise violate the rights of others.
c) Submit material that contains nudity or depicts a human being engaged in actual sexual conduct including but not limited to (i) excessive violence, exploits people in a sexual or violent manner, sadistic or masochistic abuse or (ii) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (iii) bestiality, (iv) lascivious exhibition of the genitals or pubic area of any person (v) offensive subject matter, contains a link to an adult website, promote or encourage illegal activity or that would violate the property rights of others;
d) That violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
e) That violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability;
f) With respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract;
g) Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
h) That is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
i) Register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
j) Submit Materials of any third party without such third party's prior written consent, or Materials that falsely express or imply that such Materials are sponsored or endorsed by RidersCorral.com;
k) Remove any copyright, trademark or other proprietary rights notices contained in or on the RidersCorral Service;
l) Transmit, email or post any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', ‘spimming’, ‘spamming’ or any other form of such solicitation;
m) Interfere with another Member's use and enjoyment of the RidersCorral Service;
n) Harvest or collect email addresses or other contact information of Members, including usernames, from the RidersCorral.com website by electronic or other means;
o) Use other Members' personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other Members;
p) Sell or otherwise transferring your profile;
7. Content Posted
All information, data, text, photographs, graphics, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not RidersCorral, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available on the Network or on the Web. You understand and agree that RidersCorral may, but is not obligated to, review the Site may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of RidersCorral violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Nonetheless RidersCorral assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
RidersCorral does not claim ownership rights in Content that you make available through the Software. When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to RidersCorral an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content, and also the information posted to the Web by RidersCorral on your behalf may be cached by websites outside of RidersCorral control.
8. Prohibited Content and Activity
The following are examples of the kind of activity that are illegal or prohibited on the RidersCorral Website and through your use of the RidersCorral Services. RidersCorral reserves the right to investigate and take appropriate legal action against anyone who, in RidersCorral’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
a) Transmit, email or post any material that contains in any form software viruses or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
b) Criminal or torturous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, copyright infringement, patent infringement, or theft of trade secrets.
c) Disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or any other applicable law.
d) Attempt to gain unauthorized access to the RidersCorral Service, other accounts, computer systems or networks connected to the RidersCorral Service, through password mining or any other means.
e) Create a false or misleading identity of, including, but not limited to, a RidersCorral employee, or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others.
f) Modify, adapt, translate, or reverse engineer any portion of the RidersCorral Service, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the RidersCorral.com Service.
g) Use the RidersCorral.com Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the website.
h) Using any information obtained from the RidersCorral Services in order to harass, abuse, or harm another person or entity, or attempting to do the same.
9. Proprietary Rights in Content on RidersCorral
RidersCorral does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the RidersCorral Services. After posting your Content to the RidersCorral Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By submitting, posting or displaying any Materials on or through the RidersCorral Service, you hereby grant to RidersCorral a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Materials solely on and through the RidersCorral Service. Without this license, RidersCorral would be unable to provide the RidersCorral Service. For example, without the right to modify your Materials, RidersCorral would not be able to digitally compress music or video files that you or other Members submit or otherwise format Materials to satisfy technical requirements. This limited license does not grant RidersCorral the right to sell or otherwise distribute your Content outside of the RidersCorral Services. After you remove your Content from the RidersCorral Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. If after we have distributed your Content outside the RidersCorral Website you change the Content’s privacy setting to “private,” we will cease distribution of such “private” Content outside the RidersCorral Website as soon as practicable after you make the change.
The license you grant to RidersCorral is non-exclusive (meaning you are free to license your Materials to anyone else in addition to RidersCorral), fully-paid and royalty-free (meaning that RidersCorral is not required to pay you for the use on the RidersCorral Service of the Materials that you post), sub licensable (so that RidersCorral is able to use its affiliates and subcontractors such as Internet and WAP content delivery networks to provide the RidersCorral Service), and worldwide (because the Internet and the RidersCorral Services are global in reach).
You represent and warrant that: (i) you own the Materials posted by you on or through the RidersCorral Service or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Materials on or through the RidersCorral Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Materials posted by you to or through the RidersCorral Service.
RidersCorral, Inc. and its affiliates and licensors own and retain all rights in the RidersCorral.com Web site and RidersCorral Service, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including without limitation all (1) text, (2) software, (3) photographs, (4) graphics, (5) page layout, and (6) design presented through and as part of the RidersCorral Service by RidersCorral.com. Except as expressly authorized by RidersCorral.com, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of RidersCorral.com's proprietary information.
10. Protecting Copyrights and Other Intellectual Property
You acknowledge that Content transmitted on or through the Network may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. RidersCorral respects copyright law and expects you to do the same. Content identified as belonging to a third party can be transmitted on the Software so long as you obtain permission first and the ownership and rights are clearly indicated. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders' rights. You may not copy, reproduce, distribute, or create derivative works without being authorized to do so by the copyright holder. It is RidersCorral policy to terminate the accounts of repeat infringers.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify RidersCorral agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at abuse@RidersCorral.com.
Please provide our Agent with the following Notice:
• Identify the copyrighted work or other intellectual property that you claim has been infringed;
• Identify the material on the RidersCorral service that you claim is infringing, with enough detail so that we may locate it on the service;
• 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;
• A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
• Your address, telephone number, and email address; and
• Your physical or electronic signature.
RidersCorral Agent will forward this information to the alleged infringer.
11. Member Disputes
If there is a dispute between Members or between Members and any third party, you understand and agree that RidersCorral is under no obligation to become involved. In the event that you have such a dispute, you hereby release RidersCorral, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.
12. Privacy
Use of the RidersCorral Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
13. Disclaimers of Warranties
RidersCorral is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the RidersCorral Services, whether caused by Users of the RidersCorral Services or by any of the equipment or programming associated with or utilized in the RidersCorral Services and such User Content does not necessarily reflect the opinions or policies of RidersCorral. Profiles and third party applications created and posted by Members on the RidersCorral Website may contain links to other websites. RidersCorral is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by RidersCorral. Inclusion of any linked website on the RidersCorral Services does not imply approval or endorsement of the linked website by RidersCorral. When you access these third party sites, you do so at your own risk. RidersCorral takes no responsibility for third party advertisements or third party applications that are posted on or through the RidersCorral Services, nor does it take any responsibility for the goods or services provided by its advertisers. RidersCorral is not responsible for the conduct, whether online or offline, of any User of the RidersCorral Site or Services. The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. RidersCorral 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 or Member communication. RidersCorral 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 players due to technical problems or traffic congestion on the Internet or on any of the RidersCorral Site or Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the RidersCorral Services. Under no circumstances shall RidersCorral be responsible for any loss or damage, including personal injury or death, resulting from use of the RidersCorral Services, attendance at a RidersCorral event, from any User Content posted on or through the RidersCorral Services, or from the conduct of any Users of the RidersCorral Services, whether online or offline. The RidersCorral Services are provided "AS-IS" and as available and RidersCorral expressly disclaims any warranty of fitness for a particular purpose or non-infringement. RidersCorral cannot guarantee and does not promise any specific results from use of the RidersCorral Services.
YOU AGREE THAT YOUR USE OF THE RIDERSCORRAL SERVICE IS ENTIRELY AT YOUR OWN RISK.
14. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL RIDERSCORRAL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE RIDERSCORRAL SERVICES, EVEN IF RIDERSCORRAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ACCOUNT OF MEMBER'S USE OR MISUSE OF THE SITE OR SERVICES OR FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY OTHER MEMBER, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE OR SERVICES, FROM INABILITY TO USE THE NETWORK, OR THE INTERRUPTION, SUSPENSION, MODIFICATION,ALTERATION, OR TERMINATION OF THE NETWORK. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH OF THE SOFTWARE OR THE NETWORK, ANY INTERACTIONS BETWEEN MEMBERS, WHETHER ONLINE OR OFFLINE, OR FOR DAMAGES INCURRED BY YOUR BREACH OF THIS AGREEMENT. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, RIDERSCORRAL’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 RIDERSCORRAL FOR THE RIDERSCORRAL SERVICES DURING THE TERM OF MEMBERSHIP
15. Indemnity
You agree to indemnify and hold RidersCorral, 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 RidersCorral Services 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 in this Agreement and/or if any Content that you post on or through the RidersCorral Services causes RidersCorral to be liable to another.
16. General
This Agreement is accepted upon your use of the RidersCorral Website or any of the RidersCorral Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and RidersCorral regarding the use of the RidersCorral Services. The failure of RidersCorral to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. RidersCorral is a trademark of RidersCorral, Inc. 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.
17. Termination of Service
You agree that RidersCorral, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any content within the Service, for any reason, including, without limitation, if RidersCorral believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that RidersCorral shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.
18. Violations of Agreement and Liquidated Damages
Please report violations of the terms of this Agreement to: violations@riderscorral.com
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for RidersCorral to pursue legal action to enforce these Terms, you will be liable to pay RidersCorral the following amounts as liquidated damages, which you accept as reasonable estimates of RidersCorral' damages for the specified breaches of these Terms:
a. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay RidersCorral one thousand dollars ($1,000) for each such message. This provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.
b. If RidersCorral establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay RidersCorral one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access RidersCorral in excess of such limits, whichever is higher.
c. If you send unsolicited email advertisements to RidersCorral email addresses or through RidersCorral computer systems, you agree to pay RidersCorral twenty five dollars ($25) for each such email.
d. If you post Content in violation of the Terms, other than as described above, you agree to pay RidersCorral one hundred dollars ($100) for each Item of Content posted. In its sole discretion, RidersCorral may elect to issue a warning before assessing damages.
e. If you are a Posting Agent that uses the Service in violation of the Terms, in addition to any liquidated damages under clause (d), you agree to pay RidersCorral one hundred dollars ($100) for each and every Item you post in violation of the Terms. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the "Principal"), and the Principal (by engaging the Posting Agent in violation of the Terms) agrees to pay RidersCorral an additional one hundred dollars ($100) for each Item posted by the Posting Agent on behalf of the Principal in violation of the Terms.
f. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without RidersCorral’s express written permission, you agree to pay RidersCorral three thousand dollars ($3,000) for each day on which you engage in such conduct.
Otherwise, you agree to pay RidersCorral’s actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, RidersCorral retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.
Please use the "Contact Us" page with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
IMPORTANT-PLEASE READ CAREFULLY: This RidersCorral Terms of Service Agreement ("Agreement") is a legal agreement between you, either an individual, a corporate or organizational entity, and RidersCorral. This document describes the terms and conditions that cover the use of the RidersCorral network ("Network"), the RidersCorral.com website (including versions of the website that may exist on other domains.
Welcome to RidersCorral.com, a social utility that connects equestrians with their friends, and meet new riders from around the world. By accessing or using our web site at www.RidersCorral.com or the mobile version thereof signify that you have read, understand and agree to be bound by these Terms of Use, whether or not you are a registered member of RidersCorral. If you wish to become a Member, communicate with other riders and/or make use of the RidersCorral Services, you must read this Agreement and indicate your acceptance during the registration process.
1. Eligibility
RidersCorral is intended solely for users who are ten (10) years of age or older. By registering for the RidersCorral Service, you represent and warrant that you are 10 or older and that you have the capacity to understand, agree to and comply with these Terms of Service. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 10 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.
2. Changes to Terms of Service
RidersCorral reserves the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of RidersCorral Service after any such changes constitutes your binding acceptance of the new Terms of Use. If you do not agree to be bound by these Terms of Use and to follow all applicable laws, you should leave the RidersCorral Website and discontinue use of the RidersCorral Services immediately. It is your responsibility to regularly check the Site to determine if there have been changes made to these Terms of Use and to review such changes. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the RidersCorral Services or are a Member.
3. Registration and Account Security
When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password and account which may not be shared with others. (a) provide accurate, current and complete information about you as may be prompted by any registration forms on RidersCorral; (b) your use of the RidersCorral Services does not violate any applicable law or regulation; (c) 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; and (d) You agree to immediately notify RidersCorral of any unauthorized use of your account, password or any other breach of security known to you. You are solely responsible for any and all use of your account. You may not use automated means, including spiders, robots, crawlers, data mining tools, or the like to sign on, use, or receive information.
4. Fees
You acknowledge that RidersCorral reserves the right to charge for any portion of the RidersCorral Services and to change its fees (if any) from time to time in its discretion. If RidersCorral terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
5. Members Conduct
5a. The RidersCorral Services are for the personal use of Members and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by RidersCorral. RidersCorral reserves the right to remove commercial content in its sole discretion.
5b. You may not use the RidersCorral Service for any illegal or unauthorized purpose including collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the RidersCorral Website, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. RidersCorral may, but shall have no obligation to, remove Materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms of Service. Further, under no circumstances does RidersCorral have any obligation to check the accuracy or truthfulness of any Materials, nor to monitor any Member's use of the RidersCorral Service.
5c. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from your country of residence. You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content ('Materials') that you submit, post, and display on the RidersCorral.com Service.
6. Conditions for Use
Although RidersCorral is a private company, we aspire to respect constitutionally guaranteed rights of expression of people in the countries they reside. However, we reserve the right to terminate an account when the Member's expression infringes on other Members' rights. Without limitation, RidersCorral reserves the right to terminate your access to the Network if, in our view, your conduct fails to meet any of the following guidelines or other guidelines that may be provided on the RidersCorral site from time to time. You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by you including the content of your transmissions through the RidersCorral Service. By way of example, and not as a limitation, you agree NOT to:
a) Publish, distribute and/ or disseminate any harmful, bigotry, racism, obscene, indecent, unlawful, libelous, profane, defamatory, infringing, inappropriate, hatred, or physical harm of any kind against any group or individual on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
b) Abuse, harasses, stalk, threaten or otherwise violate the rights of others.
c) Submit material that contains nudity or depicts a human being engaged in actual sexual conduct including but not limited to (i) excessive violence, exploits people in a sexual or violent manner, sadistic or masochistic abuse or (ii) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (iii) bestiality, (iv) lascivious exhibition of the genitals or pubic area of any person (v) offensive subject matter, contains a link to an adult website, promote or encourage illegal activity or that would violate the property rights of others;
d) That violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
e) That violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability;
f) With respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract;
g) Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
h) That is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
i) Register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
j) Submit Materials of any third party without such third party's prior written consent, or Materials that falsely express or imply that such Materials are sponsored or endorsed by RidersCorral.com;
k) Remove any copyright, trademark or other proprietary rights notices contained in or on the RidersCorral Service;
l) Transmit, email or post any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', ‘spimming’, ‘spamming’ or any other form of such solicitation;
m) Interfere with another Member's use and enjoyment of the RidersCorral Service;
n) Harvest or collect email addresses or other contact information of Members, including usernames, from the RidersCorral.com website by electronic or other means;
o) Use other Members' personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other Members;
p) Sell or otherwise transferring your profile;
7. Content Posted
All information, data, text, photographs, graphics, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not RidersCorral, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available on the Network or on the Web. You understand and agree that RidersCorral may, but is not obligated to, review the Site may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of RidersCorral violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Nonetheless RidersCorral assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
RidersCorral does not claim ownership rights in Content that you make available through the Software. When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to RidersCorral an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content, and also the information posted to the Web by RidersCorral on your behalf may be cached by websites outside of RidersCorral control.
8. Prohibited Content and Activity
The following are examples of the kind of activity that are illegal or prohibited on the RidersCorral Website and through your use of the RidersCorral Services. RidersCorral reserves the right to investigate and take appropriate legal action against anyone who, in RidersCorral’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
a) Transmit, email or post any material that contains in any form software viruses or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
b) Criminal or torturous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, copyright infringement, patent infringement, or theft of trade secrets.
c) Disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or any other applicable law.
d) Attempt to gain unauthorized access to the RidersCorral Service, other accounts, computer systems or networks connected to the RidersCorral Service, through password mining or any other means.
e) Create a false or misleading identity of, including, but not limited to, a RidersCorral employee, or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others.
f) Modify, adapt, translate, or reverse engineer any portion of the RidersCorral Service, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the RidersCorral.com Service.
g) Use the RidersCorral.com Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the website.
h) Using any information obtained from the RidersCorral Services in order to harass, abuse, or harm another person or entity, or attempting to do the same.
9. Proprietary Rights in Content on RidersCorral
RidersCorral does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the RidersCorral Services. After posting your Content to the RidersCorral Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By submitting, posting or displaying any Materials on or through the RidersCorral Service, you hereby grant to RidersCorral a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Materials solely on and through the RidersCorral Service. Without this license, RidersCorral would be unable to provide the RidersCorral Service. For example, without the right to modify your Materials, RidersCorral would not be able to digitally compress music or video files that you or other Members submit or otherwise format Materials to satisfy technical requirements. This limited license does not grant RidersCorral the right to sell or otherwise distribute your Content outside of the RidersCorral Services. After you remove your Content from the RidersCorral Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. If after we have distributed your Content outside the RidersCorral Website you change the Content’s privacy setting to “private,” we will cease distribution of such “private” Content outside the RidersCorral Website as soon as practicable after you make the change.
The license you grant to RidersCorral is non-exclusive (meaning you are free to license your Materials to anyone else in addition to RidersCorral), fully-paid and royalty-free (meaning that RidersCorral is not required to pay you for the use on the RidersCorral Service of the Materials that you post), sub licensable (so that RidersCorral is able to use its affiliates and subcontractors such as Internet and WAP content delivery networks to provide the RidersCorral Service), and worldwide (because the Internet and the RidersCorral Services are global in reach).
You represent and warrant that: (i) you own the Materials posted by you on or through the RidersCorral Service or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Materials on or through the RidersCorral Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Materials posted by you to or through the RidersCorral Service.
RidersCorral, Inc. and its affiliates and licensors own and retain all rights in the RidersCorral.com Web site and RidersCorral Service, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including without limitation all (1) text, (2) software, (3) photographs, (4) graphics, (5) page layout, and (6) design presented through and as part of the RidersCorral Service by RidersCorral.com. Except as expressly authorized by RidersCorral.com, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of RidersCorral.com's proprietary information.
10. Protecting Copyrights and Other Intellectual Property
You acknowledge that Content transmitted on or through the Network may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. RidersCorral respects copyright law and expects you to do the same. Content identified as belonging to a third party can be transmitted on the Software so long as you obtain permission first and the ownership and rights are clearly indicated. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders' rights. You may not copy, reproduce, distribute, or create derivative works without being authorized to do so by the copyright holder. It is RidersCorral policy to terminate the accounts of repeat infringers.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify RidersCorral agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at abuse@RidersCorral.com.
Please provide our Agent with the following Notice:
• Identify the copyrighted work or other intellectual property that you claim has been infringed;
• Identify the material on the RidersCorral service that you claim is infringing, with enough detail so that we may locate it on the service;
• 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;
• A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
• Your address, telephone number, and email address; and
• Your physical or electronic signature.
RidersCorral Agent will forward this information to the alleged infringer.
11. Member Disputes
If there is a dispute between Members or between Members and any third party, you understand and agree that RidersCorral is under no obligation to become involved. In the event that you have such a dispute, you hereby release RidersCorral, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.
12. Privacy
Use of the RidersCorral Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
13. Disclaimers of Warranties
RidersCorral is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the RidersCorral Services, whether caused by Users of the RidersCorral Services or by any of the equipment or programming associated with or utilized in the RidersCorral Services and such User Content does not necessarily reflect the opinions or policies of RidersCorral. Profiles and third party applications created and posted by Members on the RidersCorral Website may contain links to other websites. RidersCorral is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by RidersCorral. Inclusion of any linked website on the RidersCorral Services does not imply approval or endorsement of the linked website by RidersCorral. When you access these third party sites, you do so at your own risk. RidersCorral takes no responsibility for third party advertisements or third party applications that are posted on or through the RidersCorral Services, nor does it take any responsibility for the goods or services provided by its advertisers. RidersCorral is not responsible for the conduct, whether online or offline, of any User of the RidersCorral Site or Services. The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. RidersCorral 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 or Member communication. RidersCorral 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 players due to technical problems or traffic congestion on the Internet or on any of the RidersCorral Site or Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the RidersCorral Services. Under no circumstances shall RidersCorral be responsible for any loss or damage, including personal injury or death, resulting from use of the RidersCorral Services, attendance at a RidersCorral event, from any User Content posted on or through the RidersCorral Services, or from the conduct of any Users of the RidersCorral Services, whether online or offline. The RidersCorral Services are provided "AS-IS" and as available and RidersCorral expressly disclaims any warranty of fitness for a particular purpose or non-infringement. RidersCorral cannot guarantee and does not promise any specific results from use of the RidersCorral Services.
YOU AGREE THAT YOUR USE OF THE RIDERSCORRAL SERVICE IS ENTIRELY AT YOUR OWN RISK.
14. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL RIDERSCORRAL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE RIDERSCORRAL SERVICES, EVEN IF RIDERSCORRAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ACCOUNT OF MEMBER'S USE OR MISUSE OF THE SITE OR SERVICES OR FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY OTHER MEMBER, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE OR SERVICES, FROM INABILITY TO USE THE NETWORK, OR THE INTERRUPTION, SUSPENSION, MODIFICATION,ALTERATION, OR TERMINATION OF THE NETWORK. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH OF THE SOFTWARE OR THE NETWORK, ANY INTERACTIONS BETWEEN MEMBERS, WHETHER ONLINE OR OFFLINE, OR FOR DAMAGES INCURRED BY YOUR BREACH OF THIS AGREEMENT. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, RIDERSCORRAL’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 RIDERSCORRAL FOR THE RIDERSCORRAL SERVICES DURING THE TERM OF MEMBERSHIP
15. Indemnity
You agree to indemnify and hold RidersCorral, 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 RidersCorral Services 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 in this Agreement and/or if any Content that you post on or through the RidersCorral Services causes RidersCorral to be liable to another.
16. General
This Agreement is accepted upon your use of the RidersCorral Website or any of the RidersCorral Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and RidersCorral regarding the use of the RidersCorral Services. The failure of RidersCorral to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. RidersCorral is a trademark of RidersCorral, Inc. 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.
17. Termination of Service
You agree that RidersCorral, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any content within the Service, for any reason, including, without limitation, if RidersCorral believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that RidersCorral shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.
18. Violations of Agreement and Liquidated Damages
Please report violations of the terms of this Agreement to: violations@riderscorral.com
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for RidersCorral to pursue legal action to enforce these Terms, you will be liable to pay RidersCorral the following amounts as liquidated damages, which you accept as reasonable estimates of RidersCorral' damages for the specified breaches of these Terms:
a. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay RidersCorral one thousand dollars ($1,000) for each such message. This provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.
b. If RidersCorral establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay RidersCorral one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access RidersCorral in excess of such limits, whichever is higher.
c. If you send unsolicited email advertisements to RidersCorral email addresses or through RidersCorral computer systems, you agree to pay RidersCorral twenty five dollars ($25) for each such email.
d. If you post Content in violation of the Terms, other than as described above, you agree to pay RidersCorral one hundred dollars ($100) for each Item of Content posted. In its sole discretion, RidersCorral may elect to issue a warning before assessing damages.
e. If you are a Posting Agent that uses the Service in violation of the Terms, in addition to any liquidated damages under clause (d), you agree to pay RidersCorral one hundred dollars ($100) for each and every Item you post in violation of the Terms. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the "Principal"), and the Principal (by engaging the Posting Agent in violation of the Terms) agrees to pay RidersCorral an additional one hundred dollars ($100) for each Item posted by the Posting Agent on behalf of the Principal in violation of the Terms.
f. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without RidersCorral’s express written permission, you agree to pay RidersCorral three thousand dollars ($3,000) for each day on which you engage in such conduct.
Otherwise, you agree to pay RidersCorral’s actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, RidersCorral retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.
Please use the "Contact Us" page with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
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