EquiSpace Media LLC
Terms and Conditions
Welcome to EquiSpace!
Please read the terms and conditions carefully as they are a binding agreement between you, whether personally or behalf of an entity (“you”) and Equispace.net and/or Equispacerecords.com (“Company”, “we”,”us”, or “our”, “Releasees”), concerning your access to and use of the https://www.equispace.net and/or https://Equispacerecords.com website as well as any other media form, social media channel, mobile website or mobile application related, linked or otherwise connected thereto (collectively, the “Site”). We are registered in Florida, United States and have our registered office at 7901 4th St N Suite 300 St. Petersburg, Fl 33702. You automatically agree to these terms and conditions and to our Privacy statement simply by using or logging into the sites. You agree that by accessing the Site, you have read, understood and agreed to be bound by all of the Terms of Use. IF YOU DO NOT AGREE WITH ALL TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
The www.equispace.net website (the “Site”) is comprised of various web pages operated by EquiSpace Media LLC (“EquiSpace”). www.equispace.net is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.equispace.net constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Your Accounts
You will or may be required to create an account and specify a password in order to use services or features on the Sites. To create an account, you must be at least 13 years old and you must provide truthful and accurate information about yourself. Don’t try to impersonate anyone else when you create your account. If your information changes at any time, please update your account to reflect those changes.The Site is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Site. In the event that Equispace confirms lying of age without permissions your account will be disabled until correct permissions are obtained.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that EquiSpace is not responsible for third party access to your account that results from theft or misappropriation of your account.
Privacy
Your use of www.equispace.net and/or equispacerecords.com is subject to EquiSpace’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
User Presentations
By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not under the age of 13; (5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site; (6) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (7) you will not use the Site for any illegal or unauthorized purpose; and (8) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any current or future use of the Site (or any portion thereof).
Prohibited Activities
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Use any information obtained from the Site to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Site.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Sell or otherwise transfer your profile.
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you. Absolutely zero bullying tolerance.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means to send unsolicited emails, or create user accounts by automated means or under pretenses.
User Generated Contributions
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and social feeds, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
- You have the written consent, release, and/or permission of every identifiable person in your Contributions to use the name or likeness of every such identifiable person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person or to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.
EquiSpace Social Network Community
When you register to participate in an event or competition with EquiSpace, the personal information you provide (such as your name, horse’s name, contact information, photos, etc) that may be collected during registering for events through EquiSpace can be shared or used by EquiSpace.
You acknowledge and agree that your registration and participation in these events are public. Further, your performance in these events may be seen and used by others.
Content You Post on EquiSpace
EquiSpace may provide opportunities for you to share information with us about activities you are registering for and participating in, and allow you to upload, submit, transmit posting, messages, text, files, images, videos, or other content (collectively, “Content”) on the Sites. You can only post Content if you own all the rights to that Content, or if another rights holder has permitted you. Others may post Content on our site related to you, your horse, and your activities. Some of this Content may relate to performances at various events and venues. To the extent that you have rights to this Content, the provisions of this section also apply.
You do not transfer ownership of your Content simply by sharing it with us or by it being posted. However, by this Content being shared or posted, you grant us, our agents, licensees, and assigns an irrevocable, perpetual (non-exclusive) royalty-free right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your Content. Without those rights, we couldn’t offer our Services. Please note that this right and license continue even if you stop using our Sites.
You agree to indemnify, release, and hold us harmless from any liability, claims, actions, loss, harm, damage, injury, cost, or expense arising out of any Content you share with us or post.
Keep in mind that if you send us any information, ideas, suggestions, or other communications to us, those communications will not be confidential. Moreover, unless we tell you otherwise, we reserve the right to reproduce, use, disclose, and distribute such communications without any obligation to you.
Content Posted by Others
We are not responsible for and do not endorse, Content posted by any other person. Accordingly, we may not be held liable, directly or indirectly, for any loss or damage caused to you in connection with any Content posted by another user. If you believe cyber bullying or slander is happening to you, please report it and we will investigate
Guidelines for Reviews or Ratings
We may provide you with areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews at our sole discretion. We have no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
Social Media and Networks
As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. The Service may include features that operate in conjunction with certain third party social networking websites that you visit such as Facebook, Instagram, YouTube, Vimeo, and Twitter (“Social Network Features”). While your use of the Social Network Features is governed by these Terms, your access and use of third party social networking sites and the services provided through the Services is governed by the terms of service and other agreements posted on these sites. You are responsible for ensuring that your use of those sites complies with any applicable terms of service or other agreements.
Advertising
We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
Intellectual Property Rights
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Mobile Application License
Use License
If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you and to access and use the mobile application on such devices strictly by the terms and conditions of this mobile application license contained in these Terms of Use. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification,adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, obscure any proprietary notice (including any notice of copyright or trademark)posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environmental permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail;or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service.
EquiSpace has no obligation to monitor the Communication Services. However, EquiSpace reserves the right to review materials posted to a Communication Service and to remove any materials at its sole discretion. EquiSpace reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
EquiSpace reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or remove any information or materials, in whole or in part, in EquiSpace’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. EquiSpace does not control or endorse the content, messages, or information found in any Communication Service and, therefore, EquiSpace specifically disclaims any liability about the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized EquiSpace spokespersons, and their views do not necessarily reflect those of EquiSpace.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to www.equispace.net and/or equispacerecords.com or Posted on Any EquiSpace Web Page
EquiSpace does not claim ownership of the materials you provide to www.equispace.net (including feedback and suggestions) or post, upload, input, or submit to any EquiSpace Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting EquiSpace, our affiliated companies, and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
Waiver, Release, and Assumption of Risk
Being fully aware of the risks, in consideration of being permitted to use and participate in Equispace Services, you, on behalf of yourself and your heirs, assigns, personal representatives and next of kin, knowingly and voluntarily assume the risk of such use and do hereby release, acquit, and forever discharge and waive any and all claims, obligations, demands, causes of action, or liability of any kind whatsoever, whether known or unknown, suspected or claimed, real, potential or hypothetical, disclosed or undisclosed, existing or contingent, sound in law, equity or otherwise in tort, contract or otherwise – against Equispace, affiliates, predecessor and successors and each of the entities respectives officers, owners, agent members, volunteers, and/employees, other participants, sponsoring agencies, sponsors, advertiser’s, insurers, and if applicable lessors of premises used to conduct events and any related activities wherever conducted (collectively, the “Releasees”) under any legal theory arising out of or in connection with your direct or indirect use, or inability to use, the services, any website linked to it, any content of services or such other websites, any items obtained through the services or such other websites, or any events, including present and future events, entered or access through the services, including, but no limited to, all claims with respect to 1. Gross negligence, negligence or negligence per se (whether sole, joint, or concurrent) of any releasee, strict liability or premises liability, 2. Personal injury, illness, death, or property damages, 3. Acts of other participants or attendees or guests at any event entered or accessed through the services or any personnel at the event venues, and 4. Any other risk or hazards associated with your attendance at or participation in events accessed through the services, including without limitation the general conditions of the venues of the events, exposure to wild or domestic animals, exposure to any illness or disease, driving or riding in any vehicle, whether belonging to a release or another person (collectively the released claims). Without limiting the foregoing, you agree that no releasee will be liable to you, your family, or your guest for personal injury, illness, death, property damage, monetary damage, or any other claim arising from or relating to your use of the services or participation, or such person attendance at, events entered or accessed through Equispace Services.
Liability Disclaimer
The information, software, products, and services included in or available through the site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. EquidSpace Media LLC may make improvements and/or changes in the site at any time. Equispace is not responsible for any technical malfunctions or failures, interruptions, deletions or defects of any telecommunication system or network, online system, data, computer equipment, servers, providers, or software that result in the loss of your content.
Equispace Does NOT warrant, endorse, guarantee, or assume any responsibility for any service or claimed service offered by Equispace. Regarding Event Producers, it is the responsibility of those producers to ensure that the Event Payout Results generated are correct and true. Additionally, your dealings with or participation with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings are solely between you and such organizations and/or individuals. You agree that Equispace shall not be responsible for any loss or damage of any sort relating to any such dealings. If there is a dispute between Users, or between Users and any third party, you understand and agree that Equisapce is under no obligation to become involved. If you have a dispute with one or more other Users or Producers, you hereby release Equispace, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Service.
Indemnification
You, For Yourself and on behalf of your heirs, assigns, personal representatives and next of kin, hereby agree to indemnify, defend and hold harmless Equispace concerning any and all damages, claims, losses, demands, cost, expenses (including attorneys fees and cost), obligations, liens, liabilities, actions and causes of action, threatened or actual, that any one of the releasees may suffer or incur arising directly or indirectly out of or in connection with: 1. Your access or use of the services, 2. Your breach of any terms, 3. Your submission or transmission of any content to or through the services, 4. Your or our access or use any content, 5. Your violation of any rights of another (including intellectual property rights, publicity rights or rights to privacy), 6. Your participation in any event accessed or entered through our services or 7. Liabilities, losses, damages, cost or expense of any kind, including attorneys fees, in any way connected with or arising out of a released claim. The foregoing indemnification shall survive any termination or the expiration of the terms of this agreement.
Fees
You acknowledge that use of the services may involve fees charged by Equispace or third parties (e.g., monthly subscription, registration for nomination of a competition or entry for a competition). Pricing information displayed on the services is subject to change. All fees are final, non-refundable and shall be paid by you immediately when due. Except as expressly stated in these terms or on the services, Equispace has no obligation to provide refunds or credits, but may grant them at the sole discretion of each case. As a user of the services, you agree that you shall 1. As a condition to requesting the use of the services, provide a valid credit card or other authorized payment method, 2. Pay for all services that you request from the services. All financial transactions conducted via the services are made using one or more of the third party payment processors. All such transactions are governed by the payment processors’ respective terms and privacy policies, which we do not control. We encourage you to review their applicable terms and policies before submitting your payment information. We do not process your credit card, debit card, or other payment information. This information is used solely for the purpose of allowing users to sign up for and use certain features of the services. You expressly authorize Equispace and Equispace’s third party payment processors, to charge the payment method you provide for any services you request. Your selection of the “Confirm”, “Accept” or similar button on the check page is your electronic signature and you agree that (a) this signature is the legal equivalent of your wet or manual signature and (b) this transaction is equivalent to an in-person transaction where your payment method is manually inserted and physically present.
By processing payment, you understand that all fees are nonrefundable and all refunds are at the discretion of the producer. In addition, I understand and agree that if for any reason I am owed a refund of the money paid on this site, that it is the producer’s responsibility to issue that refund. I understand and agree that it is my responsibility to print and keep a copy of the receipt for any show entry in order to resolve any disputes.
Disputes
We try to provide clear rules so that we can limit or hopefully avoid disputes between you and us. If a dispute does arise, however, it’s useful to know up front where it can be resolved and what laws will apply.
You and EquiSpace each agree that any claim, cause of action, or dispute between us that arises out of or relates to these Terms or your access or use of the EquiSpace Media shall be resolved exclusively in the U.S. District Court for the 12th Judicial Circuit Court of Florida or a state court located in Sarasota County. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim, and that the laws of the State of Florida will govern these Terms and any claim, cause of action, or dispute without regard to conflict of law provisions.
Site Management/Termination/Access Restriction
EquiSpace reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and (6) EquiSpace reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.
Changes to Terms
EquiSpace reserves the right, in its sole discretion, to change the Terms under which EquiSpace is offered.We may modify these terms at any time so check back regulatory. By continuing to use or log in to our site after the terms have changed, you indicate your agreement to the revised terms. If you do not agree to the changes you should stop using or logging into the sites. EquiSpace encourages you to periodically review the Terms to stay informed of our updates.
Contact Information
EquiSpace welcomes your questions and comments regarding these Terms of Conditions. If you believe that EquiSpace has not adhered to this Statement, please contact EquiSpace at:
EquiSpace Media LLC
7901 4th St N Suite 300
St Petersburg, Florida 33702
Email Address:
in**@eq*******.net
Effective as September 1, 2024
