If you agree to the TOU and (1) are of sufficient age and capacity to use Your Equine Athlete and be bound by the TOU, or (2) use Your Equine Athlete on behalf of a business, thereby binding that business to the TOU, we grant you a limited, revocable, non-exclusive, non-assignable license to use Your Equine Athlete in compliance with the TOU; unlicensed use is unauthorized. You agree not to display, “frame,” make derivative works, distribute, license, or sell, content from Your Equine Athlete, excluding postings you create. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, display, distribute, and make derivative works from content you post.
Unless licensed by us in a written agreement, you agree not to use or provide software (except general purpose web browsers and email clients) or services that interact or interoperate with Your Equine Athlete, for example: for downloading, uploading, creating/accessing/using an account, posting, flagging, emailing, searching, or mobile use. You agree not to copy/collect Your Equine Athlete content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (in other words, by hand). Misleading, unsolicited, and/or unlawful postings/communications/accounts are prohibited, as is buying or selling accounts. You agree not to post content that is prohibited by any of Your Equine Athlete’s policies or rules. You agree not to abuse Your Equine Athlete’s flagging or reporting processes. You agree not to collect Your Equine Athlete user information or interfere with Your Equine Athlete. You agree we may moderate Your Equine Athlete access/use in our sole discretion, for example, by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access/license/account. You agree (1) not to bypass said moderation, (2) we are not liable for moderating or not moderating, and (3) nothing we say or do waives our right to moderate, or not.
You further agree that if you violate the USE section, or you encourage, support, benefit from, or induce others to do so, you will be jointly and severally liable to us for liquidated damages as follows for: (A) collecting/harvesting Your Equine Athlete users’ information, including personal or identifying information – $1 per violation; (B) publishing/misusing personal or identifying information of a third party in connection with your use of Your Equine Athlete without that party’s express written consent – $1,000 per violation; (C) misrepresenting your identity or affiliation to anyone in connection with your use of Your Equine Athlete – $1,000 per violation; (D) posting or attempting to post Prohibited Content – $4 per violation; (E) posting or attempting to post Prohibited Content in any paid section of Your Equine Athlete – the price per post applicable to that section of YEA; (F) sending an unauthorized/unsolicited email to an email address obtained from Your Equine Athlete – $25 per violation; (G) using Your Equine Athlete user information to make/send an unauthorized/unsolicited text message, call, or communication to a Your Equine Athlete user – $500 per text/call/communication; (H) creating a misleading or unlawful Your Equine Athlete account or buying/selling a Your Equine Athlete account – $4 per violation; (I) abusing or attempting to abuse Your Equine Athlete’s flagging or reporting processes – $1 per violation; (J) distributing any software to facilitate violations of the USE Section – $1,000 per violation; (K) aggregating, displaying, copying, duplicating, reproducing, distributing, or exploiting CL content for any purpose without our express written consent – $3,000 for each day you engage in such violations; (L) requesting, viewing, or accessing more than 1,000 pages of Your Equine Athlete in any 24-hour period – $0.25 per page during the 24 hour period after the first 1,000 pages; (M) bypassing or attempting to bypass our moderation efforts – $4 per violation. You agree that these amounts are (1) a reasonable estimate of our damages (as actual damages are often difficult to calculate), (2) not a penalty, and (3) not otherwise limiting on our ability to recover under any legal theory or claim, including statutory damages and other equitable relief (e.g., for spam, we can elect between the above liquidated damages or statutory damages under the anti-spam statute). You further agree that repeated violations of the USE section will irreparably harm and entitle us to injunctive or equitable relief, in addition to monetary damages.
You agree to pay the Your Equine Athlete fees in paid areas as well as any of the Your Equine Athlete fees for extended/featured ad options you choose. Any tax is additional. Fees are non-refundable, even for posts we remove, delay, omit, re-categorize, re-rank, or otherwise moderate. We may refuse any posting.
DISCLAIMER & LIABILITY
To the full extent permitted by law, Lovesta LLC, and its officers, directors, employees, agents, licensors, affiliates, and successors in interest (“Lovesta,LLC Entities”) (1) make no promises, warranties, or representations as to Your Equine Athlete, including its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) provide Your Equine Athlete on an “AS IS” and “AS AVAILABLE” basis and any risk of using Your Equine Athlete is assumed by you; (3) disclaim all warranties, express or implied, including as to accuracy, merchantability, fitness for a particular purpose, and non-infringement; and (4) disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with Your Equine Athlete. Your Equine Athlete/Lovesta LLC Entities are NOT liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to Your Equine Athlete, and in no event shall such liability exceed $100 or the amount you paid us in the year preceding such loss. Some jurisdictions restrict or alter these disclaimers and limits, so some may not apply to you.
CLAIMS & INDEMNITY
Any claim, cause of action, demand, or dispute arising from or related to Your Equine Athlete (“Claims”) will be governed by the internal laws of Texas, without regard to conflict of law provisions, except to the extent governed by US federal law. Any Claims will be exclusively resolved by courts in Greenville, TX (except we may seek preliminary or injunctive relief anywhere). You agree to (1) submit to the personal jurisdiction of courts in Greenville, TX; (2) indemnify and hold Your Equine Athlete Entities harmless from any Claims, losses, liability, or expenses (including attorneys’ fees) that arise from a third party and relate to your use of Your Equine Athlete; and (3) be liable and responsible for any Claims we may have against your officers, directors, employees, agents, affiliates, or any other party, directly or indirectly, paid, directed or controlled by you, or acting for your benefit.
Users complying with prior written licenses may access Your Equine Athlete thereby until authorization is terminated. Otherwise this is the exclusive and entire agreement between us and you, and our actions or silence toward you or anyone else does not waive, modify, or limit the TOU or our ability to enforce it. The USE, LIQUIDATED DAMAGES, and CLAIMS & INDEMNITY sections survive termination of the TOU, and you will remain bound by those sections. If a TOU term is unenforceable, it shall be limited to the least extent possible and supplemented with a valid provision that best embodies the intent of the parties. The English version of the TOU controls over any translations.