Universal Horse Data is a global internet platform and mobile application for the equestrian world (“Platform”) operated by Universal Horse Data B.V. ("UHD” or “we").
We are a private company with limited liability registered in The Netherlands under company number 64675394 and have our registered office and principal place of business in Hilversum, The Netherlands. Our VAT number is NL855773996B01.
- 1.2. Please read these ToU carefully before you start to use our Platform as these will apply to your use of our Services. We recommend that you save or print a copy of this for future reference.
- 1.3. By using our Platform, you confirm that you accept these ToU and that you agree to comply with them. If you do not agree to these ToU, you must not use our Platform.
- 1.4. If you are using our Platform on behalf of a company, organization, government or other legal entity, you represent and warrant that you are authorized to do so.
- 1.5. You are responsible for making all arrangements necessary for you to have access to our Platform. You are also responsible for ensuring that all persons who access our Platform through your internet connection are aware of these ToU and other applicable terms and conditions, and that they comply with them.
- 2.1. Our Platform enables our users to save, add, post, submit, upload and/or link content related to the equestrian world ("Content") to our Platform.
- 2.2. We provide our users access to our Platform, to some pre-developed templates (“Templates”) which can be used to structure and upload Content in a well-organized manner, to services to share Content with other users and to other related services (together: “Services”).
- 2.3. Our users may have access to the Content of other users under the terms and conditions of these ToU.
- 2.4. We also offer additional services, e.g. making use of specific Templates and promoting uploaded Templates (“Additional Services”).
3. Costs and payment
- 3.1. Access to our Platform is free and we shall not charge you for the use of our (standard) Services.
- 3.2. We may charge you for the use of our Additional Services. We will inform you about the fees and payment details on our Platform.
- 3.3. Please note that the fees for the Additional Services are subject to change without notice.
- 3.4. We may, at our own discretion, provide you with credits (“Offered Credits”). Details about obtaining and using our Offered Credits can be found on our Platform.
- 3.5. Please note that Offered Credits are non-refundable.
4. Your Account and Password
- 4.1. If you choose a username and password or any other piece of information as part of our security procedures, you must treat such information as confidential and not disclose it to any third party.
- 4.2. We have the right to disable or reclaim any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these ToU or if we believe it is appropriate (for instance when a trade mark owner complains about u username that does not closely relate to that user’s actual name).
- 4.3. You are responsible for the access of, and maintenance of all equipment used in conjunction with the ToU. This includes all computers, software and any communication equipment used for our Services.
5. Our Intellectual Property Rights
- 5.1. We and our licensors own all rights, title, and interest (including, without limitation, patents, copyrights, trademarks, trade secrets, and all other intellectual property rights) in and to the Platform, Services and any technical requirements and end-user documentation made available to you by us and any Content provided by us, including our Templates, and used in connection with, or generated by, the Platform.
- 5.2. We reserve all rights not expressly granted to you in these ToU. We retain title and interest in and to any and all existing and future intellectual property rights and all rights related to it, including the licensed intellectual property rights with regard to the Platform. We may also license rights owned by third parties with whom we have agreements.
- 5.3. We hereby grant to you and you accept a nonexclusive license to use our Platform (“License”). You only have the limited rights to use the Platform as are expressly granted to you under these ToU and no other rights are granted or conveyed, or will be deemed to be granted conveyed, whether by implication, estoppel or otherwise.
- 5.4. The License is effective upon your clicking the "accept" button. We may terminate the License upon the breach by you of any term hereof. We are entitled to terminate the License without prior notice at any time and without cause.
- 5.5. Upon any termination you will no longer be permitted to use the Platform. All Licenses granted hereunder will terminate.
- 5.6. You agree that you will not assign, sublicense, transfer, pledge, lease, rent or share your rights under the License.
6. Your Content, Intellectual Property Rights and Licenses
- 6.1. Whenever you make use of a feature of our Platform that allows you to save, add, post, submit, link or upload any Content or to make contact with other users, you warrant and represent that you are legally entitled to make such use of the Content and your Content does not violate any third party rights, in particular intellectual property and privacy rights.
- 6.2. You remain the owner or the licensee of all intellectual property rights relating to your Content. By making any Content available to our Platform you grant us a worldwide, non-exclusive, sub-licensable, transferable and royalty-free license to use, copy, distribute and disclose to third parties any such Content for the provision of our Services under these ToU, including the right to display your Content on our Platform.
- 6.3. We have no obligation to review the Content and can in no way be held responsible for the Content. You agree that we shall under no circumstances be liable for indirect, special and/or consequential damages, costs and expenses, howsoever occurred.
- 6.4. We have the right to disclose your identity to any third party when we receive a formal written complaint stating that any Content uploaded by you to our Platform constitutes a violation of its rights, in particular intellectual property or privacy rights, or if otherwise legally required to our opinion.
- 6.5. By accessing and using our Platform you agree not to post or submit any unlawful threatening, libelous, defamatory, injurious, obscene, pornographic or profane material or any material that constitutes or encourages criminal conduct.
- 6.6. By removing your Content from the Platform, you terminate all licenses granted to us to such Content under these ToU. All sublicenses given to third parties will remain in effect.
- 6.7. We have the right to remove any Content from our Platform if that Content is a violation of third party rights, in particular intellectual property or privacy rights, or does otherwise not comply with our Content policy (as described in article 6.5) or with applicable laws or regulations. We reserve the right to remove or disable access to any Content at any time without giving you (prior) notice.
- 6.8. You shall at all times maintain your own (converted) copy of Content uploaded and/or shared through our Platform.
- 6.9. The views expressed by other users on our Platform do not represent our views or values.
7.1. If you believe that your work (or the work of a third party on whose behalf you are entitled to act) has been used, copied, distributed or disclosed through our Platform in a way that constitutes an infringement of your rights, in particular copyright, trademark or other intellectual property rights, please provide us with an infringement notice which should include the following written information:
- a) a statement that you have identified Content or other material on the Platform which infringes your copyright or other intellectual property rights;
- b) identification of the Content or other 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;
- c) your full name, email address, postal address and telephone number on which you can be contacted;
- d) a statement by you that the information in the infringement notice is accurate and that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
- e) a statement by you that you have a good-faith belief that use of the Content or other material in the manner complained of is not authorized by the intellectual property rights owner, its agent, or the law;
- f) physical or electronic signature (which may be a scanned copy) of a person authorized to act on behalf of owner of the work that is allegedly infringed.
- 7.2. For notice of claims of infringement on or regarding the Platform, you can reach us through our complaint form.
- 7.3. If we remove your Content for infringing someone else’s intellectual property rights, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
- 7.4. If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
8. Offers for Sale and No Reliance on Information
- 8.1. Our Platform enable people to offer products and Services for sale. However, UHD is not a webshop. The actual contract for sale is concluded directly between the seller and buyer. We have no control over and do not guarantee the existence, quality, safety or legality of products and Services offered for sale by any user.
- 8.2. We will not be responsible or liable to any (third) party, for the Content or accuracy of any Content made by you or any other user of our Platform.
- 8.3. Although we make reasonable efforts to update the information on our Platform, we make no representations, warranties or guarantees, whether express or implied, that the Content related to our Platform is accurate, complete or up-to-date.
9. Availability, Use and Restrictions on the Platform
- 9.1. We do not guarantee that our Platform will always be available or uninterrupted. Access to our Platform is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Platform without notice. We will not be liable to you if for any reason our Platform is unavailable at any time or for any period.
- 9.2. We maintain the right to revise or discontinue any facet of the Platform. This includes, but is not limited to, hours of operation, functionality and pricing for the use of the Platform.
- 9.3. We reserve the right to limit the availability of the Platform, in whole or in part, to any person, for any purpose, and to any geographic area or jurisdiction we choose, at any time and in our sole discretion.
- 9.4. We reserve the right to change these ToU, as we feel necessary. Any use of the Platform by you after notification serves as acceptance of ToU changes.
- 9.5. The Platform are valuable intellectual property of Universal Horse Data or third parties that have contributed thereto. Copying of (any portion of) the Platform is prohibited.
9.6. In accessing or using the Platform, you agree not to (or permit anyone else to) do or attempt any of the following:
- a) Use, distribute, rent, loan, lease, sell, sublicense, or otherwise transfer or offer the Platform for any commercial purpose;
- b) remove or alter, any copyright, trademark, confidentiality or other proprietary notices or marks;
- c) modify, translate, adapt, arrange, or create derivative works of the Platform, except as permitted in these ToU;
- d) decompile, disassemble or reverse engineer, or determine any source code, algorithms, methods, or techniques of the Platform;
- e) interfere with, damage, or disrupt the operation or any security-related features of the Platform, gain unauthorized access, or restrict or inhibit use by others;
- f) use any robot, spider, or other system, device or mechanism to access the Platform likely to disrupt, disable or destroy the Platform or any Content of our users;
- g) frame or mirror any part of the Platform or create a competitive business to the Platform;
- i) advertise, promote or solicit any goods or Services for any commercial purpose except as expressly authorized by us or expressly permitted by these ToU;
- j) use the Platform, any feature thereof or any Content in a way that could or does violate any law or the rights (including without limitation, the copyright, trademark, patent, trade secret other intellectual property, proprietary or other rights) of any person, firm or entity or expose us to legal liability;
- k) pose a security risk to the Platform or to any other user.
- 9.7. We have no obligation to monitor the Platform, and Content uploaded and stored by you or any use thereof by you or retain the Content of your user session.
- 9.8. We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
10. Liability, Warranties and Damages
- 10.1. Nothing in these ToU excludes or limits our liability arising from our gross negligence or willful intent or any other liability that cannot be excluded or limited by Dutch law.
- 10.2. You are responsible for your use of the Platform, for any Content you upload, post and share using our Services and for any consequences thereof.
- 10.3. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of our Services.
- 10.4. To the extent permitted by law, we exclude all warranties or other terms which may apply to our Platform, Services or any Content on it, whether express or implied.
10.5. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence) or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our Platform; or
- use of or reliance on any Content displayed on our Platform or in connection with our Services.
- 10.6. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Platform or to your downloading of any Content on it, or on any website linked to it.
- 10.7. Our Platform contain Content, links to other websites and other resources provided by third parties. We have no control over the Content, websites or resources. We assume no responsibility for the Content provided by users or Content of websites linked on our Platform. Such Content or links should not be interpreted as endorsement by us of those Content or linked websites. We will not be liable for any loss or damage that may arise from your use of them.
- 10.8. The Platform is provided as-is. We are not responsible for examining or evaluating the Content or accuracy and we do not warrant and will not have any liability or responsibility for any Content, or for any other products or Services of third-parties.
- 10.9. We are not liable for any harm or damages related to the purchase or use of Services, resources, products, Content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and Services should be directed to the third-party.
- 10.10. You agree to indemnify and hold us and our affiliates and employees harmless from and against all liabilities, costs, damages and expenses (including reasonable attorney’s fees) arising from or relating to any claims that result from your breach of these ToU.
- 10.11. In no event shall the aggregate liability of UHD exceed the amount which is paid out under UHD’s insurance policy in the matter concerned or the amount you paid UHD.
- 11.2. Most Content you submit, post or display through our Platform is public by default and will be able to be viewed by other users. For certain information fields we provide you with visibility settings, so you will be able to select who can see this information.
- 12.1. We may suspend or terminate access to our Platform if you are a) in material breach of any of the terms of these ToU and if the breach is not remedied within a reasonable period after written notice of it has been given to the party in breach, or b) you create risk or possible legal exposure for us.
- 12.2. You may also delete your account at any time.
- 12.3. In all such cases, these ToU shall terminate, including your License to use our Platform. However, every provision of these ToU which by its nature must remain in force after termination of these ToU will remain in force after such termination.
- 13.1. If any portion of these ToU is found to be invalid, unenforceable or non-binding, the remaining portion will remain in force and full effect.
- 13.2. If we fail to enforce any of these ToU it will not be considered a waiver.
- 13.3. The English version of these ToU will be the only official and legally binding version, regardless of whether a translation into another language is or will be made.
14. Governing Law and Competent Court
- 14.1. These ToU and our agreement with you is construed in accordance with and shall be exclusively governed by the laws of the Netherlands.
- 14.2. You also enjoy the protection of the mandatory provisions of the law that would be applicable in the absence of the former provision.
- 14.3. Any and all disputes that may arise under or in connection with our agreement with you and or these ToU shall be exclusively referred to the competent court Midden-Nederland, located in Utrecht, the Netherlands.