American Dream Horses .Com

READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES OFFERED BY AMERICANDREAMHORSES.COM. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT LIST YOUR ANIMAL ON AMERICANDREAMHORSES.COM.

1. Introduction. This Agreement shall govern the relationship between Americandreamhorses.com, and you, the Seller.

2. Americandreamhorses.com is a Venue
a. Description of Americandreamhorses.com. The Americandreamhorses.com website serves as a venue provided by Americandreamhorses.com, solely as a convenience for Sellers and Purchasers (together, "Users") to allow Users to exchange information pertaining to the sale of animals through posting or viewing information, text, files, images, photos, video, sounds, or other materials (the "Content").

b. Company's Role. Americandreamhorses.com provides the Website to Sellers as a service, and Americandreamhorses.com, is not involved in the actual transaction between Sellers and Purchasers. We cannot ensure that a Purchaser will actually complete a transaction.

c. Release. Because the Americandreamhorses.com website is a venue, in the event that you have a dispute with one or more Purchasers, you release Americandreamhorses.com, (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, including claims of copyright infringement, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code SS1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

3. Listing and Selling.
a. Content Description. You may describe an item and all terms of sale on the listing page of the Americandreamhorses.com website. A Seller's listing may only include text descriptions, graphics, pictures and other Content relevant to the sale of his or her animal(s).

b. Responsibility for Content. Sellers must be legally able to sell the animal(s) they list for sale on the Americandreamhorses.com site. Each Seller is solely responsible for the Content it posts through Americandreamhorses.com.

c. Good Faith Representations. By listing a horse herein, the Seller represents that the factual statements it makes concerning the age, pedigree, size and other characteristics of the horse are true and correct. The Seller further WARRANTS AND REPRESENTS that he, she or it is the legal owner of the horse or otherwise has authority to sell the horse as an authorized agent. The Seller further agrees that any statements of opinion concerning the horse are reasonably based.

d. License. By delivering your information, photographs, video clips and other Content to Americandreamhorses.com, , you are extending a license to Americandreamhorses.com, to post such information and Content on the Americandreamhorses.com website and to use such information and Content in any other medium offered by Americandreamhorses.com, , such as a magazine. You further extend to Americandreamhorses.com, a worldwide license to transfer such information, in whole or in part, onto DVD's for delivery to prospective Purchasers. You further extend to Americandreamhorses.com, the right to create derivative works of such Content with or without permission or attribution.

e. Artistic License. Americandreamhorses.com shall have sole artistic license to use Seller's Content in any way that Americandreamhorses.com, deems appropriate in connection with its services herein. At the same time, Americandreamhorses.com is open to comments and suggestions from Sellers as to form and style.

f. Breach. Without limiting other remedies, Americandreamhorses.com, may limit your activity, warn our community of your actions, remove your Content, temporarily suspend, or terminate your access to the Americandreamhorses.com website if:

1) Americandreamhorses.com suspects that you have engaged in fraudulent activity in connection with listings on its website;

2) you have breached any term or condition of this Agreement;

3) any lawsuit or proceeding against you is commenced arising from or relating to your use of the Americandreamhorses.com website, whether or not such suit names Americandreamhorses.com, as a party or seeks any recovery from Americandreamhorses.com ;

4) Americandreamhorses.com, believes that your actions may cause financial loss or legal liability for you, other Users or Americandreamhorses.com, ;

5) you have improperly duplicated or otherwise infringed the copyrights of an author; or

6) the Content is otherwise objectionable.

4. Use and Storage Terms. You acknowledge that Americandreamhorses.com, may establish general practices and limits concerning use of the Americandreamhorses.com website, including without limitation the maximum number of days postings or other uploaded Content will be retained by on the website and the maximum number and size of any Content posted.

5. Your Representations, Warranties, and Covenants. You shall not post, transmit, e-mail, or store material on or through the Americandreamhorses.com website which, in the sole judgment of Americandreamhorses.com, : (i) is in violation of any local, state, federal or non-United States law or regulation, (ii) is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (each a "Person" and collectively the "Persons") or (iii) violates the rights of any Person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws including, but not limited to, unlicensed or "pirated" videos and photographs. In addition, you may only use the Americandreamhorses.com in a manner that, in Americandreamhorses.com's sole judgment, is consistent with the purposes of the Americandreamhorses.com website. If you are unsure of whether any contemplated use or action is permitted, please contact Americandreamhorses.com by e-mail at erin@americandreamhorses.com.

By way of example, and not limitation, the following uses described below of Americandreamhorses.com are prohibited:
a. uploading, posting, e-mailing or otherwise transmitting any information, music, photographs, graphics, video, messages or other materials that is unlawful, threatening, defamatory, lewd, obscene, libelous, invasive of another's privacy, or racially or otherwise objectionable. Pornography and pornographic related merchandising are expressly prohibited;

b. impersonating any Person, including, but not limited to, a Company official, website leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a Person;

c. forging headers or otherwise manipulating identifiers in order to disguise the origin of any Content;

d. uploading, posting, e-mailing or otherwise transmitting any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

e. uploading, posting, e-mailing or otherwise transmitting any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

f. uploading, posting, e-mailing or otherwise transmitting any material 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; or

g. interfering with or disrupting the Americandreamhorses.com website or servers or networks connected to Americandreamhorses.com, or disobey any requirements, procedures, policies or regulations of networks connected to Americandreamhorses.com.

6. Indemnification. You shall indemnify, defend and hold harmless Americandreamhorses.com, , its members, employees, officers, directors, contractors, agents and attorneys from and against any and all claims, demands, actions, suits, proceedings, and all damages, judgments, liabilities, losses and expenses (including, but not limited to, reasonable attorneys' fees) arising out of, based upon, relating to, or resulting from:

a. the acts, omissions, negligence or willful misconduct of you and your employees,

b. the infringement or misappropriation by you or your employees of the intellectual property rights of any Person including, without limitation, any patent, copyright, trademark or publicity rights in connection with your use of the Americandreamhorses.com website and/or copying and transmission of Content (including photographs and video data) to Americandreamhorses.com, ; and

c. claims made by Purchasers or would-be Purchasers of horses for breach of contract, breach of warranty, fraud, personal injury or any other claim or cause of action arising from the sale, transportation, breeding, riding or other use related to a horse.

7. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE AMERICANDREAMHORSES.COM SITE IS AT YOUR SOLE RISK. THE AMERICANDREAMHORSES.COM WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND AMERICANDREAMHORSES.COM ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, LOSS, MIS-DELIVERY OR FAILURE TO STORE ANY OF YOUR COMMUNICATIONS, DATA, OR PERSONALIZATION SETTINGS. AMERICANDREAMHORSES.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRAN TIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, NON-INTERFERENCE, SYSTEM INTEGRATION, AND INFORMATION AL CONTENT. AMERICANDREAMHORSES.COM, MAKES NO WARRANTY THAT (I) THE AMERICANDREAMHORSES.COM WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR VIRUS FREE; (II) THE INFORMATION CONTAINED ON THE AMERICANDREAMHORSES.COM WEBSITE WILL BE ACCURATE OR RELIABLE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE AMERICANDREAMHORSES.COM WILL MEET YOUR EXPECTATIONS, AND (IV) ANY ERRORS IN THE AMERICANDREAMHORSES.COM OR ANY SOFTWARE RELATED THERETO WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE AMERICANDREAMHORSES.COM IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO A COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AMERICANDREAMHORSES.COM OR THROUGH OR FROM THE AMERICANDREAMHORSES.COM SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

8. Sole Remedy. You agree that the ENTIRE LIABILITY, and your EXCLUSIVE REMEDY, in law or in equity, with respect to any service provided under this Agreement and for any breach of this Agreement is SOLELY LIMITED TO THE AMOUNT YOU PAID FOR SUCH SERVICE(S). IN NO EVENT SHALL AMERICANDREAMHORSES.COM BE LI ABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES even if Americandreamhorses.com, has been advised of the possibility of such damages to the extent that a state does not permit this exclusion or limitation of liability.

9. Responsibility for Consideration Rests with Purchaser. The Seller further acknowledges that all obligations and responsibility for the purchase price of the horse are the responsibility of the Purchaser. All obligations for the payment of the purchase price rest solely and exclusively with the Purchaser, and Seller hereby RELEASES AND HOLDS HARMLESS Americandreamhorses.com, for the purchase price of the horse or, as the case may be, stud service fees. Americandreamhorses.com makes NO REPRESENTATION as to the solvency or credit worthiness of any Purchaser.

10. Americandreamhorses.com is not Affiliated with VeriSign. Seller further acknowledges that Americandreamhorses.com does not receive the purchase price for items sold through Americandreamhorses.com, ; rather, all monies are either exchanged directly between the parties, or payments are made through VeriSign. Americandreamhorses.com is not affiliated with VeriSign, does not serve as an agent for payment for VeriSign, and does not even see credit card information provided to VeriSign by Purchasers.

11. Security. Americandreamhorses.com uses industry standard Secure Socket Layer (SSL) encryption through ServiceNet or other provider to ensure the highest security for credit card and personal details submitted to the Corporation over the Internet. ServiceNet's security certificate is issued by VeriSign and uses SSL 128 bit key encryption - US industry standard security software. Depending on the browser version that you are using, your personal information will be encrypted by your computer at 40, 56 or 128 bit key encryption before it is sent to VeriSign or other payment entity.

12. Proprietary Rights of Americandreamhorses.com,
a. Copyright. The banner, trademarks and graphics offered on the Americandreamhorses.com website, and the selection and arrangement thereof are copyrighted materials of Americandreamhorses.com, ALL RIGHTS RESERVED. Permission is granted to display, copy, distribute, and download the materials on the Americandreamhorses.com website for personal, noncommercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. Except for the material you own, you may not distribute, copy, reproduce, display, republish, download, or transmit any material on the Americandreamhorses.com website for commercial use without prior written approval of Americandreamhorses.com. Any unauthorized use of any material contained on the Americandreamhorses.com site may violate copyright or trademark laws.

b. Trademarks. The trademarks, service marks, trade names, and logos (the "Trademarks") used and displayed on the Americandreamhorses.com website are registered and/or unregistered Trademarks of Americandreamhorses.com, . In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Americandreamhorses.com, . Such Trademarks and materials may not be copied, imitated or used, in whole or in part, except as otherwise authorized by Americandreamhorses.com. You acknowledge that the Trademarks used and displayed on the Americandreamhorses.com site are and shall remain the sole property of Americandreamhorses.com. Nothing in this Agreement shall confer any right of ownership of any of the Trademarks in you. Further, nothing in the Americandreamhorses.com site shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark used or displayed on the Americandreamhorses.com website, without the express written permission of Americandreamhorses.com .

c. Company Technology. Americandreamhorses.com, 's Internet operations, design, content, hardware designs, algorithms, software (in source and object forms), user interface designs, e-store and other templates and designs, architecture, class libraries, and documentation (both printed and electronic), know-how, trade secrets and any related intellectual property rights throughout the world, and any derivative works, improvements, enhancements or extensions thereof used in connection with the Americandreamhorses.com website (the "Company Technology") are and shall remain the sole and exclusive property of Americandreamhorses.com .

d. License and Restrictions. Americandreamhorses.com grants to you a personal, non-transferable, non-sublicensable, and non-exclusive right and license to use the Americandreamhorses.com website only as set forth herein. You agree that you will not (and will not allow any third party to) copy, modify, rent, lease, loan, distribute, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any code of Americandreamhorses.com, Technology, in whole or in part.

e. Content. Americandreamhorses.com does not claim ownership to Content you submit in connection with the Americandreamhorses.com. By submitting or using the Con tent in connection with the Americandreamhorses.com website and DVD distribution, you grant Americandreamhorses.com the world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting the Content for the purpose intended. You acknowledge that Americandreamhorses.com shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Americandreamhorses.com website.