Terms of Use
1. ACCEPTANCE OF TERMS OF USE
Bigeq.com is an equestrian classified advertising website. By using Bigeq.com, you agree to these terms of use. By using our website and services in any way, you are agreeing to comply with the terms of use. Do not visit or use Bigeq.com if you do not agree with our terms of use. Your use, access or visiting of Bigeq.com signify that you agree to the laws of the state of Massachusetts in the Unites States of America, which govern these terms of use and any dispute of any sort that may arise between you and Bigeq.com.
2. MODIFICATIONS TO TERMS OF USE
We may modify or update the terms of use without notice. Modifications or updates to the terms of use are effective immediately upon posting to the website.
3. DESCRIPTION OF SERVICE
Bigeq.com offers users equestrian classified advertising. Users may register for an account and place advertisements. Any new or additional services which Bigeq.com may offer are subject to the terms of use. Users must register for an account with Bigeq.com. Once registered, they may purchase one or more classified ad(s) to sell and/or lease their horse(s). Each ad includes user-generated information about the horse, including horse specifications (age, height, breed, etc.), text description, photos, video links, and contact information. Users provide and upload photo(s) and/or video link with ads. All user-generated information, including but not limited to text descriptions, photo(s) or video link upload shall comply with all requirements and procedures set forth by Bigeq.com in section 5 of the terms of use. One horse may be listed per ad. Each ad will run for six months from the date you placed and paid all fees for it. The expires at the conclusion of the sixth month. Bigeq.com reserves the right to contact users via email for technical support, announcements and administrative purposes.
4. LIMITATIONS ON SERVICE
Bigeq.com is provided on an ‘as is’ and ‘as available’ basis. Bigeq.com assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. Bigeq.com may establish limits concerning use of the our site, including the maximum number of days that ads will be retained, the maximum number and size of postings, email messages, or anything which may be transmitted or stored by the Bigeq.com, and the frequency with which you may access the site. You agree that Bigeq.com has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Service. Bigeq.com reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Bigeq.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of our service. Postings on Bigeq.com are dynamic and Bigeq.com is not responsible for saving variations and changes to postings. Bigeq.com does not retain copies of expired postings.
Our service is based online. You are responsible for obtaining access which may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access our service.
5. USER REGISTRATION, ACCOUNTS & CONTENT
To register with Bigeq.com, you must be legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself during registration form and keep this information true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Bigeq.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Bigeq.com has the right to suspend or terminate your account and refuse any and all current or future use of our service (or any portion thereof).
You will receive a password and account designation upon completing our registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities, whether authorized by you or not, that occur under your password or account. You agree to (a) immediately notify Bigeq.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Bigeq.com shall not be liable for any loss or damage arising from your failure to comply with these guidelines including, but not limited to, any unauthorized use. Bigeq.com reserves the right to log off accounts that are inactive for an extended period of time.
You agree that Bigeq.com, 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 site, for any reason, including, without limitation, if Bigeq.com believes that you have acted inconsistently with the letter or spirit of the terms of use. Further, you agree that Bigeq.com 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.
All postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from it, are the sole responsibility of the person from whom such Content originated. You are entirely responsible for each individual item of Content that you post, email or otherwise make available via Bigeq.com. Bigeq.com may not pre-screen content, but Bigeq.com reserves the right (but not the obligation) in its sole discretion to refuse to publish or remove any content that is available via our website. Bigeq.com in its sole discretion, shall have the right to remove any content that violates any provision of the terms of use or is otherwise objectionable. Bigeq.com does not control, and is not responsible for Content made available through it, and that by using it, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. The user represents that they are fully authorized and licensed to use the entire contents of the material submitted for an ad on Bigeq.com. This includes the names, portraits and/or photographs of persons and/or animals, any copyrighted material, any testimonials, and has the right to and is capable of selling or providing the product or service advertised at the price advertised. The advertiser agrees to relieve Bigeq.com of responsibility from any and all claims or suits arising out of online posting of ads based on information supplied by users. Bigeq.com does not pre-screen or approve Content, but that Bigeq.com shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the terms of use or for any other reason. Bigeq.com may make reasonable editorial changes to ads in order to maintain the integrity and prestige of our service. Bigeq.com is not responsible for typos or accidental errors appearing on our service. Bigeq.com and Content available through our site may contain links to other websites, which are completely independent of Bigeq.com. Bigeq.com makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other webites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Bigeq.com be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via Bigeq.com.
Bigeq.com does not guarantee the sale or lease of your horse or any other product or service advertised on Bigeq.com. Bigeq.com does not guarantee the owner/seller's services, representations, or any horse's performance or fitness for a particular purpose. Bigeq.com strongly recommends that a pre-purchase exam should be performed by the buyer's equine veterinarian of choice, on any horse prior to purchase. Bigeq.com does not guarantee or warrant the performance of any person or entity advertising on its site. Bigeq.com does not control the content posted via our service and, as such, does not guarantee the accuracy, integrity or quality of such content.
If you provide contact information for people interested in your horse(s) or services, Bigeq.com is not responsible for any misuse of this information. It is your responsibility to remove your ad from the Bigeq.com service upon sale or transfer.
Bigeq.com reserves the right to remove or not remove ads based on the accusation of fraud. Bigeq.com is not responsible for the claims of users regarding their horse(s), show records, health, or any other claims asserted.
6. THIRD PARTY CORRESPONDENCE, CONTENT, SITES AND SERVICES
The Bigeq.com site and Content available through it may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Bigeq.com, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your correspondence or business dealings with a user found on or through Bigeq.com, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such user. You agree that Bigeq.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on our service. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
If there is a dispute between participants on this site, or between users and any third
party, you understand and agree that Bigeq.com is under no obligation to
become involved.
7. PAYMENTS, REFUNDS, CANCELLATION POLICIES
You agree to pay, in advance, all amounts or fees owed to Bigeq.com for the placement of your ad. Bigeq.com may raise or lower ad prices, linking prices, or other services without notice. Ads placed on Bigeq.com are non-refundable. If your horse sells within the contracted time of the ad you will not be refunded for the unused time of the ad. Ads may be cancelled at any point by the user. No refunds will be issued for the unused time of the ad at the date the user chooses to cancel the ad.
8. USER CONDUCT
You agree not to post, email, or otherwise make available Content:a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way; b) that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person; c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation,
race, ethnicity, age, or disability; d) that impersonates any person or entity, including, but not limited to, a
Bigeq.com employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
e) that includes personal or identifying information about another person without that person's explicit consent;
f) that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
g) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; h) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement; i) that constitutes or contains any form of advertising or solicitation if: posted in areas of the Bigeq.com site which are not designated for such
purposes; or emailed to Bigeq.com users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests. j) that includes links to commercial services or web sites, except as allowed; l) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law; m) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; n) that disrupts the normal flow of the site with an excessive amount of
Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or o) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
p) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose; q) "stalk" or otherwise harass anyone; r) collect personal data about other users for commercial or unlawful purposes; s) use automated means, including spiders, robots, crawlers, data mining
tools, or the like to download data from the Service - unless expressly permitted by Bigeq.com;
t) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure; u) attempt to gain unauthorized access to Bigeq.com's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Bigeq.com website; or
v) use any form of automated device or computer program that enables the submission of postings on Bigeq.com without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals. w) use any form of automated device or computer program ("flagging tool") that enables the use of Bigeq.com's "flagging system" or other community moderation systems without each flag being manually entered by the person that initiates the flag (an "automated flagging device"), or use the flagging tool to remove posts of competitors, or to remove posts without a good faith belief that the post being flagged violates these terms of use.
9. CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
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 Bigeq.com. Bigeq.com will remove the infringing posting(s), subject to the the procedures outlined in the Digital Millenium Copyright Act (DMCA).Please provide the following information:
a) Identify the material on the Bigeq.com site that you claim is infringing, with enough detail so that we may locate it on the website;
b) 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;
c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.
10. DISCLAIMER OF WARRANTIES
We provide the site on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, we make no representations or warranties of any kind, express or implied, regarding the use or the results of the Site in terms of its correctness, accuracy, reliability, or otherwise. Company shall have no liability for any interruptions in the use of the Site or the Service. COMPANY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of implied warranties. Therefore, the above exclusion may be inapplicable to you.
11. LIMITATION OF LIABILITY
COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER. IN PARTICULAR COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE “SERVICE,” THE “SITE” OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE TO YOU.
12. INDEMNIFICATION
You agree to indemnify and hold Company, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, damage, liability, cost or expense, including reasonable attorney fees and costs, that we are required to pay any third party due to, or arising out of, your use of the Site or Service, your breach of this Agreement, including, without limitation, your infringement of the trademark, copyright, trade secret, patent rights or rights of publicity or privacy of any other person or entity, or any such action by another user of the Service using your computer.
13. LIABILITY DISCLAIMER
You expressly agree that use of Bigeq.com is at your own risk. Bigeq.com, its affiliates, and employees do not make any representations or warranties of any kind regarding the service, the content, any advertising material or the results that may be obtained from use of the service. All content provided on this website (other than these terms and conditions) does not in any manner create a legal contract express or implied between Bigeq.com and you. Without limiting the foregoing, the information, software, products, and services published on this Website may include inaccuracies or typographical errors. Changes are periodically made to the information herein. Bigeq.com may make improvements and/or changes in this website at any time. Bigeq.com makes no representations about the suitability of the information, software, products and services contained on this website for any purpose. All such information, software, products, and services are provided "as-is" without warranty of any kind. Bigeq.com hereby disclaims all warranties and conditions with regard to such information, software, products and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Bigeq.com be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this website or with the delay or inability to use this website, or for any information, software, products, and services obtained through this website, or otherwise arising out off the use of this website, whether based on contract, tort, strict liability or otherwise, even if Bigeq.com has been advised of the possibility of damages.
Bigeq.com, its affiliates, and employees shall in no event be liable for any damages or losses, including, without limitation, direct, indirect, consequential, special, incidental or punitive damages, resulting from or caused by the service or its content, including, without limitation, losses related to: your use or inability to use the service; any errors, omissions or defects in the content; or any interruptions, delays in transmission or computer viruses. In any event, any liability of Bigeq.com, and its employees shall not exceed the amount paid by you for the service in the 12 months prior to the claimed injury or damage.
NO RESALE OF SERVICE
You agree not to sell, resell, or offer for any commercial purposes, any portion of the Bigeq.com site, use of the Bigeq.coms site, or access to the Bigeq.com site
14. TRADEMARKS
Bigeq.com, the Bigeq.com logo and other Bigeq.com trademarks including "First in Hunter/Jumper Sales Online" and “From Short Stirrup to Show Jumpers,” Service marks, and product and service names are Bigeq.com trademarks or registered trademarks in the United States. All other names and designs may be trademarks of their respective owners. Users may not display or use the Bigeq.com trademarks unless authorized by Bigeq.com
15. GENERAL
This agreement is governed by the laws of the State of Massachusetts, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Middlesex County, MA, USA, in all disputes arising out of or relating to the use of this Website. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Bigeq.com as a result of this agreement or use of this website. Bigeq.com's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Bigeq.com's right to comply with law enforcement requests or requirements relating to your use of this website or information provided to or gathered by Bigeq.com with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this agreement shall continue in effect. This agreement constitutes the entire agreement between the user and Bigeq.com with respect to this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Bigeq.com with respect to this website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.
