Acceptance of Terms
By accessing the content of www.thoroughbreddiaries.com (“the Website”) you agree to be bound by the terms and conditions set out herein and you accept our privacy policy available at www.thoroughbreddiaries.com/privacy-policy.htm. If you object to any of the terms and conditions set out in this agreement you should not use any of the products or services on the Website and leave immediately.
You agree that you shall not use the Website for illegal purposes, and will respect all applicable laws and regulations. You agree not to use the website in a way that may impair the performance, corrupt the content or otherwise reduce the overall functionality of the Website. You also agree not to compromise the security of the Website or attempt to gain access to secured areas or sensitive information.
You agree to be fully responsible for any claim, expense, liability, losses, costs including legal fees incurred by us arising from any infringement of the terms and conditions set out in this agreement.
Modification
Thoroughbred Diaries reserves the right to change any part of this agreement without notice and your use of the Website will be deemed as acceptance of this agreement. We advise users to regularly check the Terms and Conditions of this agreement.
Thoroughbred Diaries has complete discretion to modify or remove any part of this site without warning or liability arising from such action.
Limitation of Liability
Thoroughbred Diaries will under no circumstance be liable for indirect, special, or consequential damages including any loss of business, revenue, profits, or data in relation to your use of the Website.
Nothing within this Agreement will operate to exclude any liability for death or personal injury arising as a result of the negligence of Thoroughbred Diaries, its employees or agents.
Copyright
All intellectual property of Thoroughbred Diaries such as trademarks, trade names, patents, registered designs and any other automatic intellectual property rights derived from the aesthetics or functionality of the Website and any other media created by Thoroughbred Diaries remain the property of Thoroughbred Diaries. Other product and company names used on our website may be the trademarks or registered trademarks of other companies.
By using the Website you agree to respect the intellectual property rights of Thoroughbred Diaries and will refrain from copying, downloading, transmitting, reproducing, printing, or exploiting for commercial purpose any material contained within the Website.
Disclaimers
The information is provided on the understanding that the website and other media provided by Thoroughbred Diaries are not engaged in rendering advice and should not be wholly relied upon when making any related decision.
The information contained with the Website is provided on an “as is” basis with no warranties expressed or otherwise implied relating to the accuracy, fitness for purpose, compatibility or security of any components of the Website.
Thoroughbred Diaries does not guarantee or warrant the performance of any person or entity advertising any items, services or supplies on its site. We also do not guarantee the accuracy, integrity or quality of any such content. Users placing ads on our website are responsible for the content of their advertisements, are responsible to proofread their advertisements, and are responsible for confirming that correct photos have been displayed.
Thoroughbred Diaries is not liable in any way for any information or content posted by users on its website, including, but not limited to, any errors or omissions in the content or information posted by users. Thoroughbred Diaries is, likewise, not liable for any loss or damage of any kind incurred as a result of the use of any information or content posted, emailed, transmitted or otherwise made available via its website.
All information, data, text, software, sound, photographs, graphics, video, messages or other materials posted on the Thoroughbred Diaries.com website are the sole responsibility of the person from whom such information or other content originated. This means that users placing advertisements on this website, and not Thoroughbred Diaries, are entirely responsible for any and all such information and other content that is uploaded, posted, emailed, transmitted or otherwise made available via the services provided by Thoroughbred Diaries.
Thoroughbred Diaries advertises details of horses in good faith but makes no warranties express or implied of the authenticity of any of the details of any horse or its fitness for any purpose. Potential purchasers are advised to examine all documents including passports, stud books and form records, and to seek veterinary advice before entering in to a contract to purchase.
Potential purchasers are also advised to satisfy themselves that the person offering the horse for sale is the owner of the horse or his appointed representative or agent, and that the horse is sold with clear title free from burdens (for example purchasers should confirm that there are no outstanding fees or stud expenses relating to the horse they are interested in purchasing). Thoroughbred Diaries will make every effort to publish details and particulars as received, but accepts no responsibility for errors or omissions. Thoroughbred Diaries cannot be responsible for consequences that may result from sale or purchase of an advertised horse. Vendors are advised to part with possession of their horses or confer title on a purchaser only upon receipt of cleared funds.
We do not guarantee uninterrupted availability of the www.thoroughbreddiaries.com Website and cannot provide any representation that using the Website will be error free. Every effort is made to ensure all product and service information and prices are correct, however, Thoroughbred Diaries reserves the right to correct any errors and/or omissions.
Third Parties
The Website may contain hyperlinks to websites operated by other parties. We do not control such websites and we take no responsibility for, and will not incur any liability in respect of, their content. Our inclusion of hyperlinks to such websites does not imply any endorsement of views, statements or information contained in such websites.
Indemnity
You agree to indemnify and hold harmless Thoroughbred Diaries, its subsidiaries, affiliates, officers, agents or other partners and employees from, against, and with respect to, any action, suit, proceeding, demand, assessment, judgment, loss, cost, liability, damage or expense, including solicitors’ fees and court costs, now existing or hereafter arising as a proximate result of any content you submit, post, transmit or make available through our service, your use of our service, your connection to our service, your violation of these terms and conditions, or violation of any international, federal, state or local treaty, statute, law and/or regulation relating to your use of our service.
Severance
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in force.
Governing Law & Jurisdiction
This Agreement will be governed by the laws of Ireland and any user of the Website hereby agrees to be bound exclusively by the jurisdiction of Irish courts without reference to rules governing choice of laws.
I, the user of Thoroughbred Diaries website and related services do hereby understand, acknowledge and agree to all of the above-stated terms and conditions in their entirety.