NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH BANBURY CROSS POLO CLUB. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
Banbury Cross Polo Club may terminate these Terms and your use of the Site without notice if Banbury Cross Polo Club, in its sole discretion, believes that you are either (i) between the ages of 13 and 18 and using the Site and its services without the permission of your parent or (ii) under the age of 13.
General Use Restrictions.
Banbury Cross Polo Club provides content through this Site. Certain information, documents and services provided on and through this Site, including content, logos, graphics and images (together, the “Materials”) that are not Submissions (as defined below) are provided to you by Banbury Cross Polo Club and are the copyrighted and/or trademarked work of Banbury Cross Polo Club or Banbury Cross Polo Club’s contributors.
Except as otherwise set forth on the Site, Banbury Cross Polo Club grants you a limited, personal, non-exclusive and non-transferable license to use and to display and to make copies of the Materials and this Site solely for your personal use. Except for the license set forth in the preceding sentence above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner.
This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of these limited licenses, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to this Site or any Materials.
You further agree that you will not upload, post or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Submission that you make.
You represent and warrant that: (i) you own all Submissions posted by you on or through this Site or otherwise have the right to grant the ownership to Banbury Cross Polo Club set forth in this section, and (ii) the posting of your Submissions on or through this Site does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Site.
When you provide Submissions you agree that those Submissions shall not be in violation of the “Unauthorized Activities” paragraph below. Those prohibitions do not require Banbury Cross Polo Club to monitor, police or remove any Submissions or other information submitted by you or any other user.
When using this Site and/or the services, you agree not to, without limitation:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Use racially, ethnically, or otherwise offensive language.
- Discuss or incite illegal activity.
- Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
- Post anything that exploits children or minors or that depicts cruelty to animals.
- Post any copyrighted or trademarked materials without the express permission from the owner.
- Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
- Use any robot, spider, scraper or other automated means to access the Site.
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
- Alter the opinions or comments posted by others on this Site.
This list of prohibitions provides examples and is not complete or exclusive. Banbury Cross Polo Club reserves the right to (a) terminate your ability to post to this Site and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Banbury Cross Polo Club determines is inappropriate or disruptive to this Site or to any other user of this Site. Banbury Cross Polo Club may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Banbury Cross Polo Club’s discretion, Banbury Cross Polo Club will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.
Submissions and unauthorized use of any Materials or Third Party Content contained on this Site may violate certain laws and regulations.
You agree to indemnify and hold Banbury Cross Polo Club and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Banbury Cross Polo Club or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Site (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.
Banbury Cross Polo Club is a trademark of Banbury Cross Polo Club in the United States. Other trademarks, names and logos on this Site are the property of their respective owners.
Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Banbury Cross Polo Club, Copyright © Banbury Cross Polo Club. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
Intellectual Property Infringement.
Banbury Cross Polo Club respects the intellectual property rights of others, and we ask you to do the same. Banbury Cross Polo Club may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide Banbury Cross Polo Club’s designated agent the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit Banbury Cross Polo Club to locate the material.
- Information reasonably sufficient to permit Banbury Cross Polo Club to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Disclaimer of Warranties.
Your use of this Site is at your own risk. Neither the Materials, Submissions nor the Third Party Content have been verified or authenticated in whole or in part by Banbury Cross Polo Club, and they may include inaccuracies or typographical or other errors. Banbury Cross Polo Club does not warrant the accuracy of timeliness of the Materials, Submissions or the Third Party Content contained on this Site. Banbury Cross Polo Club has no liability for any errors or omissions in the Materials, Submissions and/or the Third Party Content, whether provided by Banbury Cross Polo Club or our licensors.