This acceptable use policy sets out the terms between you and us under which you may access our website www.racehorsetrader.com ("our Website"). This acceptable use policy applies to all users of, and visitors to, our Website.
Your use of our Website means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use.
www.racehorsetrader.com is a website operated by Race Horse Trader Limited ("we" or "us"). We are a private limited company registered in England and Wales under company number 08096603 and have our registered office at the offices of James Cowper LLP. Mill House, Overbridge Square, Hambridge Lane, Newbury, RG14 5UX, England.
1 Prohibited uses
1.1 You may use our Website only for lawful purposes. You may not use our Website:
(a) In any way that breaches any applicable local, national or international law or regulation.
(b) In any way that is unlawful, fraudulent, offensive or has any unlawful, fraudulent or offensive purpose or effect.
(c) For the purpose of harming or attempting to harm minors in any way.
(d) To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
(e) To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
(f) To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
1.2 You also agree:
(a) Not to reproduce, duplicate, copy or re-sell any part of our Website in contravention of the provisions of our terms of website use.
(b) Not to access without authority, interfere with, damage or disrupt:
(i) any part of our Website;
(ii) any equipment or network on which our Website is stored;
(iii) any software used in the provision of our Website; or
(iv) any equipment or network or software owned or used by any third party.
2 Interactive services
2.1 We may from time to time provide interactive services on our Website, including, without limitation:
(a) Chat rooms.
(b) Bulletin boards, (together the "interactive services").
2.2 Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
2.3 We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our Website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Website, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
2.4 The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
2.5 Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
3 Using Race Horse Trader Limited's Sites
3.1 You may not use our services if you are under the age of 18 or you are not able to form legally binding contracts, or if your Race Horse Trader Limited membership has been suspended.
3.2 While using Race Horse Trader Limited sites, you will not:
(a) post, list or upload content or items in an inappropriate category or areas on our Websites;
(b) breach any laws, sell any counterfeit items or otherwise infringe the copyright, trade mark or other rights of third parties;
(c) breach our policies including, without limitation, the Prohibited and Restricted items policies and the other policies linked to from the "Additional terms" section below;
(d) fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity. All sellers are advised to retain proof of delivery;
(e) manipulate the price of any item or interfere with other users' listings;
(f) circumvent or manipulate our fee structure, the billing process, or fees owed to Race Horse Trader Limited;
(g) post false, inaccurate, misleading, defamatory, or libellous content (including personal information);
(h) take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information to non Race Horse Trader Limited sites or for using it for purposes unrelated to Race Horse Trader Limited);
(i) transfer your Race Horse Trader Limited account (including feedback) and user ID to another partly without our consent;
(j) distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
(k) distribute viruses or any other technologies that may harm Race Horse Trader Limited, or the interests or property of Race Horse Trader Limited users;
(l) copy, modify, or distribute rights or content from our Websites, services or tools or Race Horse Trader Limited's copyrights or trademarks; or
(m) harvest or otherwise collect information about users, including email addresses.
4.1 These content standards apply to any and all material which you contribute to our Website ("contributions"), and to any interactive services associated with it.
4.2 You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
4.3 Contributions must:
(a) Be accurate (where they state facts).
(b) Be genuinely held (where they state opinions).
(c) Comply with applicable law in the UK and in any country from which they are posted.
4.4 Contributions must not:
(a) Contain any material which is defamatory of any person.
(b) Contain any material which is obscene, offensive, hateful or inflammatory.
(c) Promote sexually explicit material.
(d) Promote violence.
(e) Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
(f) Infringe any copyright, database right or trade mark of any other person.
(g) Be likely to deceive any person.
(h) Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
(i) Promote any illegal activity.
(j) Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
(k) Be likely to harass, upset, embarrass, alarm or annoy any other person.
(l) Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
(m) Give the impression that they emanate from us, if this is not the case.
(n) Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
5 Suspension and termination
5.1 We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our Website. When a breach of this policy has occurred, we may take such action as we deem appropriate.
(a) Immediate, temporary or permanent withdrawal of your right to use our Website.
(b) Immediate, temporary or permanent removal of any posting or material uploaded by you to our Website.
(c) Issue of a warning to you.
(d) Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
(e) Further legal action against you.
(f) Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
(g) Such other action as is provided for in the clause 16.4 of the terms and conditions of use.
5.3 We exclude liability for actions taken by us in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
6 Changes to the acceptable use policy
Race Horse Trader Limited
1st October 2012