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Agreement overview

This document is provided by Bloodstock Evaluator Ltd (“BEL”) to provide Terms and Conditions (“T&C”) for the use of its interactive bloodstock website (“Website”) and all of the electronic content (“the Data) provided through it. The Website relays information services and content provided by BEL, its affiliates and other third party suppliers (collectively, the "Information Providers"). "The Subscriber" means each person who establishes or accesses a connection ("Account") for access to and use of the BEL Website irrespective of whether they are accessing a free service or any that is subscribed to via a payment system. These Terms and Conditions of Use (the "Agreement") are applicable to the Web pages, services, content, databases, and information (collectively, the "Services") provided by BEL via its website.

A. This Agreement sets forth the terms and conditions that apply to use of the Website by The Subscriber. By using the Website, The Subscriber agrees to comply with all of the terms and conditions listed in this document. The right to use the Services is personal to The Subscriber and is not transferable to any other person or entity. The Subscriber is responsible for all use of The Subscriber's Account (under any username or password) and for ensuring that all use of The Subscriber's Account complies fully with the provisions of this Agreement. The Subscriber shall be responsible for protecting the confidentiality of The Subscriber's password(s), if applicable.

B. BEL shall have the right at any time to change or discontinue any aspect or feature of the Services or Website at its discretion and without notice, including, but not limited to, content, hours of availability, and equipment needed for access or use. Continued use of the Services following any modification of the Website or Agreement shall constitute your acceptance of such modifications to this Agreement.

Subscriber Obligations

    1. The Subscriber shall use the BEL Services and Website for lawful purposes only. The Subscriber shall not post or transmit through the BEL Services or Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law, or which contains advertising or any solicitation with respect to products or services.
    1. Any conduct by The Subscriber that in BEL’s discretion restricts or inhibits any other Subscriber from using or enjoying the Services or Website will not be permitted. The Subscriber shall not use BEL Services or Website to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services in a similar field to BEL. You agree to access the Services manually by request and not programmatically by macro or other automated mean.
    1. The BEL Services and Website contain copyrighted or patented material, trademarks and other proprietary information, including, but not limited to, text, data, software, photos, video, graphics, music and sound, and the entire contents of the BEL website is copyrighted as a collective work under copyright laws of the United Kingdom and the European Union. The Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. The Subscriber may download copyrighted material for The Subscriber's personal, non-commercial use only.
    1. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, dissemination, display, circulation, creation of new works, publication or commercial exploitation of downloaded material will be permitted without the express permission of BEL and the copyright owner. In addition, the copying or storing of any content, data, or information from the Services for other than personal use is prohibited without prior written permission from BEL and its Information Providers. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
    1. The Subscriber shall not upload, post or otherwise make available via the BEL Website or Services any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with The Subscriber. The Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.

Disclaimer and Limitation of Liability

    1. The Subscriber expressly agrees that use of the BEL Website and Services are at The Subscriber's sole risk. Neither BEL, its affiliates or any of their respective employees, agents, third party Information Providers or licensors warrant or guarantee that BEL Services will be uninterrupted or error free; nor do they make any warranty or guarantee as to the results that may be obtained from use of BEL Services or the Website, or as to the accuracy, reliability or content of any information, service, or merchandise provided through the BEL Services or Website.
    1. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behaviour, negligence, or under any other cause of action. The Subscriber specifically acknowledges that BEL is not liable for defamatory, offensive or illegal conduct of other subscribers or third-parties and that the risk of injury or damages from the foregoing rests entirely with The Subscriber.
    1. In no event will BEL, or any person or entity involved in creating, producing or distributing BEL Services or the Website or BEL software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, intangible, consequential or punitive damages arising out of the use of or inability to use such items. The Subscriber hereby acknowledges that the provisions of this section shall apply to all content of the BEL Services or Website.
    1. In addition to the terms set forth above neither, BEL, nor its affiliates, Information Providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within the Services or Website, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. Neither, BEL, nor its affiliates, Information Providers or content partners warrant or guarantee the timeliness, sequence, accuracy or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information.
    1. The Subscriber acknowledges that data and services provided by BEL may sometimes be incomplete and subject to ongoing development processes. The data and services may also be presented by BEL on the probability or likelihood of being correct. On these bases BEL offers no guarantee or warranty as to the outcome of the use of this information.
    1. The Subscriber acknowledges that the Services provided by BEL are under continual development and that decisions based on earlier BEL Services or Website could be modified in the light of changes incorporated into subsequent marks or editions of the BEL services or website.
    1. Through use of the BEL Services and Website, The Subscriber agrees to the aforementioned points.
    1. By accessing or using the BEL services The Subscriber acknowledges that no promise, representation, warranty or undertaking has been made or given by BEL in relation to the profitability of or any other consequences or benefits to be obtained from the delivery or use of BEL Services, software or Website. BEL will not under any circumstances be liable for any damages whatsoever (including, without limitation, damages for loss of business, business interruption, loss of business information or other indirect or consequential loss) arising out of the use, or inability to use, or supply, or non-supply, or accuracy of the services, software and data supplied.

Termination

Either BEL or The Subscriber may terminate this Agreement at any time. Without limiting the foregoing, BEL shall have the right to immediately terminate The Subscriber's account in the event of any conduct by the Subscriber which BEL, in its discretion, considers to be unacceptable, or in the event of any breach by The Subscriber of this Agreement.

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