Microsteed Terms of Use
1. Introduction and Acceptance
Welcome to Kentucky Equine Research. www.ker.com, www.kerx.com, www.microsteed.com, and www.equinews.com are interactive online services ("Websites") operated by Kentucky Equine Research ("KER") consisting of information, services and content provided by KER, its affiliates, and other third parties. Your use of this Website is subject to the following terms of use.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE. BY ACCESSING THIS WEB SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU SHOULD NOT USE OR ACCESS THIS WEBSITE.
You agree that these Terms of Use are supported by good and valuable consideration, the receipt and sufficiency of which you hereby acknowledge. Such consideration includes, without limitation, your use of the Website and the materials and information available.
In addition to these Terms of Use, we have established a Privacy Policy to explain how we collect and use information about you. A copy of this Privacy Policy can be found here: and is incorporated by reference into these Terms of Use. By accessing or using the Website, you are also signifying your acknowledgement and agreement to our Privacy Policy.
2. Intellectual Property
The Websites, included content, and any derivative works or enhancements of the same including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features (collectively, the "Website Content") and all intellectual property rights to the same are owned by us, our licensors, or both. Additionally, all trademarks, service marks, trade names, and trade dress that may appear on our Websites are owned by us, our licensors, or both. Except for the limited use rights granted you in these Terms of Use, you shall not acquire any right, title or interest in our Websites or any Website Content. Any rights not expressly granted in these Terms of Use are expressly reserved.
3. Website Access and Use
- Access to the Websites including, without limitation, the Website Content is provided for your information and personal, non-commercial use only. When using our Websites, you agree to comply with all applicable federal, state, and local laws including, without limitation, copyright law. Except as expressly permitted in these Terms of Use, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Website Content for any purpose whatsoever without obtaining prior written consent from us or, in the case of third-party content, its respective owner. In certain instances, we may permit you to download and/or print Website Content. In such a case, you may download and/or print one copy of Website Content for your personal, non-commercial use only. You acknowledge that you do not acquire any ownership rights by downloading or printing Website Content.
- Furthermore, except as expressly permitted in these Terms of Use, you may not:
- remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on our Websites or Website Content;
- circumvent, disable or otherwise interfere with security-related features of the Website including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of our Websites or Website Content;
- use an automatic device (such as a robot or spider) or manual process to copy our Websites or Website Content for any purpose without our express written permission. Notwithstanding the foregoing, we grant public search engine operators permission to use automatic devices (such as robots or spiders) to copy Website Content from our Websites for the sole purpose of creating (and only to the extent necessary to create) a searchable index of Website Content that is available to the public. We reserve the right to revoke this permission, generally at any time;
- collect or harvest any personally identifiable information from our Websites including, without limitation, user names, passwords, and email addresses;
- solicit others users to join or become members of any commercial online service or other organization without our prior written approval;
- attempt to or interfere with the proper working of our Websites or impair, overburden, or disable the same;
- decompile, reverse engineer, or disassemble any portion of our Websites;
- use network-monitoring software to determine architecture of or extract usage data from our Websites;
- encourage conduct that violates any local, state, or federal law, either civil or criminal, or impersonate another user, person, or entity;
- violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or
- engage in any conduct that restricts or inhibits any other user from using or enjoying our Websites.
- You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms of Use.
4. User Content
- We may now or in the future permit users to post, upload, transmit through, or otherwise make available on our Websites messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials ("User Content"). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published on our Websites. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.
- You shall not submit any User Content protected by copyright, trademark, patent, trade secret, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.
- You represent, warrant, and covenant that you will not submit any User Content that:
- violates or infringes in any way upon the rights of others, including, without limitation, any copyright, trademark, patent, trade secret, or other intellectual property or proprietary right of any person or entity;
- impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable;
- encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;
- is an advertisement for goods or services, or a solicitation of funds; or
- contains a formula, instruction, or advice that could cause harm or injury.
Furthermore, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying our Websites will not be permitted.
- By submitting User Content to us, simultaneously with such posting you automatically grant, or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), public display, transmit, and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation, in connection with our business. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content.
- We have the right, but not the obligation, to monitor User Content. We have the right, in our sole discretion and for any reason whatsoever, to edit, refuse to post, or disable access to any User Content.
5. Website Content and Third Party Links
- KER provides Websites for educational, entertainment and promotional purposes only. You may not rely on any information and opinions expressed on any of our Websites for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of the Website Content. Under no circumstances will KER be liable for any loss or damage caused by your reliance on any Website Content.
- In some instances, Website Content will include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant, and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on the Website by anyone other than authorized employees or spokespersons acting in their official capacity.
- Our Websites may contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
6. Amendment
We reserve the right, in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of our Websites or to modify these Terms of Use. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of the Websites. Any additional terms that we may provide to you will be incorporated by reference into these Terms of Use. To the extent any additional terms conflict with these Terms of Use, the additional terms will control. Modification to these Terms of Use will be effective immediately upon notice, either by posting on our Websites or by notification email. It is your responsibility to review the Terms of Use and Websites from time to time for any changes or additional terms. Your access and use of any of the Websites following any modification will signify your acceptance of the same. If you object to any modification, immediately discontinue use of our Websites.
7. Indemnification
You hereby agree to indemnify and hold harmless KER and its officers, directors, employees, partners, agents, distribution partners, affiliates, and their related companies against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including attorney's fees) arising out of, related to, or that may arise in connection with: your access to or use of our Websites; User Content provided by you; any actual or alleged violation or breach by you of these Terms of Use; any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or your acts or omissions. You agree to fully cooperate with us in the defense of any claim that is the subject of your obligations hereunder.
8. Termination
We reserve the right, in our sole discretion and at any time, to terminate or suspend your use of, or access to, our Websites for any reason including, without limitation, if you have failed to comply with the spirit and letter of these Terms of Use. You agree that KER shall not be liable to you or any third party for any termination or suspension of your use, or for blocking your access to our Websites. Any suspension or termination shall not affect your obligations to us under these Terms of Use.
9. Copyright Policy
- We respect the intellectual property rights of others and expect you to do the same. In appropriate circumstances, and at our sole discretion, we may remove or disable access to material on any of our Websites or hosted on our systems that may be infringing or the subject of infringing activity.
- In accordance with the Digital Millennium Copyright Act of 1998, we will respond promptly to claims of copyright infringement that are reported to Jennifer Hall at [email protected]
- If you are a copyright owner, or authorized to act on behalf of a copyright owner, and believe that your work's copyright has been infringed, please report your notice of infringement to us by providing a written notification that contains the following:
- A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive right that is alleged to have been infringed.
- Identification of the copyright work that is alleged to have been infringed.
- Identification of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact you, such as and address, telephone number, or 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 owner, its agent, or the law.
- A statement that the information in the notification is accurate, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We will investigate notices of copyright infringement and take appropriate actions under the DCMA. Inquiries that do not follow this procedure may not receive a response.
10. Choice of Law, Jurisdiction and Venue
These Terms of Use shall be construed in accordance with the laws of the Commonwealth of Kentucky, without regard to principles of conflict of laws. Any legal proceedings against KER that may arise out of, relate to, or be in any way connected with our Websites or these Terms of Use shall be brought exclusively in the courts of Woodford County or the Eastern District of Kentucky. You hereby waive any jurisdictional, venue, or inconvenient forum objections to such courts.
11. Miscellaneous
If any provision of these terms is held to be invalid or unenforceable, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect. These Terms of Use, including the Privacy Policy, constitute the entire agreement of the parties with respect to this subject matter. We may assign these Terms of Use or any rights hereunder without your consent and without notice. You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder without our prior written consent.
12. Disclaimers and Limitation on Liability
- You expressly agree that use of our Websites is at your sole risk. The Websites and Website Content are provided on an "as is" and "as available" basis without warranty of any kind, express or implied. Without limiting the foregoing, and to the fullest extent permitted by law, KER and its officers, directors, employees, partners, agents, distribution partners, affiliates, and their related companies disclaim any and all warranties including: warranties that the website will meet your requirements; warranties concerning the availability, accuracy, security, usefulness, timeliness, or informational content of the Websites or Website Content; warranties of title, non-infringement, merchantability, or fitness for a particular purpose; warranties for services or goods received through or advertised on our Websites or accessed through our Websites; warranties concerning the accuracy or reliability of the results that may be obtained from the use of our Websites; warranties that your use of the website will be secure or uninterrupted; and warranties that errors in software will be corrected.
- Under no circumstances shall KER or its officers, directors, employees, partners, agents, distribution partners, affiliates, or their related companies be liable for indirect, incidental, special, consequential, or exemplary damages, arising out of, relating to, or in any way connected with our Websites or these Terms of Use. Your sole remedy for dissatisfaction with our Websites including, without limitation, the Website Content, is to stop using the Websites. Such limitation shall also apply with respect to damages incurred by reason of services or products received or advertised in connection with any of our Websites or any links on our Websites, as well as by reason of any information or advice received through or advertised in connection with any of the Websites or links on any Websites. Suck limitation shall also apply with respect to damages incurred by reason of any content posted by a third-party or conduct of a third-party on the Websites.
- You agree that any cause of action arising out of, relating to, or in any way connected with any of the Websites or these Terms of Use must commence within one year after the cause of action accrues; otherwise, such cause of action shall be permanently barred. In some jurisdictions limitations of liability are not permitted. These limitations shall apply to the fullest extent permitted by law.
