Terms of Use and Privacy Policy
covering the website of The Mendip Stud Ltd

1. Acceptance Of Terms
This is a Website of The Mendip Stud Ltd. (“The Mendip Stud”). Use by you of this Website, together with all associated servers (“Servers”) and all of the functions on or in or available from this Website or the Servers (including, without limitation all chat forums, bulletin boards or other forms of communication) is subject to the following terms and conditions ("Terms and Conditions") and any other terms and conditions contained on, in or available through The Mendip Stud website.

2. Content
The copyright in the material contained on, in, or available through this Website or Server excluding the Content (as defined in paragraph 3) but including all other information, data, text, music, sound, photographs, graphics, video messages or other materials and the selection and arrangement thereof, and all source code, software compilations and other material (“Material”) is owned by or licensed to The Mendip Stud. All rights are reserved. You do not have any right, interest or title in or to the Material unless otherwise expressly indicated.

The trademarks, service marks, and logos (“Trade Marks”) contained on or in this Website or Server are registered and owned by or licensed to The Mendip Stud. Save as expressly stated, you do not have any right to use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of The Mendip Stud or the relevant group company.

You are permitted to print or download extracts of the Material for your personal use only provided that each copy contains a notice that the Material is owned by or licensed to The Mendip Stud or its group companies. None of the Material may be used for any commercial or public use.

Save as expressly stated or as necessary to view, print or download extracts of the Material for personal use, none of the Material may be copied, edited, varied, reproduced, published, displayed, distributed, stored, transmitted, commercially exploited or disseminated in any form whatsoever without the prior written consent of The Mendip Stud or the relevant group company.

3. Content Submitted To The Website
Information, data, text, music, software, sound, photographs, graphics, video, messages or other materials may be posted or uploaded (in public or privately) on to designated areas of this Website. Any information, data, text, music, software, sound, photographs, graphics, video, messages or other materials which are posted or uploaded on to this Website or any other The Mendip Stud Site or Server or otherwise transmitted through this Website or any other The Mendip Stud Site or Server by any visitor to this Website is referred to as “Content”. The Mendip Stud does not control the Content and, as such, is not responsible for it in any way whatsoever. In particular, The Mendip Stud does not guarantee the accuracy, integrity or quality of such Content. The Mendip Stud shall have the right (but not the obligation) in its sole discretion to delete, edit, lock, move or remove any Content without notice. Without limiting the foregoing, The Mendip Stud shall have the right without notice to record the IP address from which any Content is posted or uploaded to or otherwise transmitted through this Website or any other The Mendip Stud Site or Server and to lock or remove any Content which violates these Terms and Conditions or is or may be irrelevant, out of date, inappropriate or objectionable in any way whatsoever or in respect of which The Mendip Stud receives any complaint (whether valid, justified or not).

If you upload, post or otherwise transmit any Content to a public part of this Website or any other The Mendip Stud Site or Server (including, without limitation, if you post a message to a bulletin board or chat forum, upload files, input data, or engage in any other form of communication through this Website) you are wholly responsible for it. You hereby: (a) grant The Mendip Stud an irrevocable, perpetual, royalty-free right to use, distribute, copy, edit, adapt, license, distribute, transmit, publish, publicly perform or display any such Content in any form or medium anywhere in the World; and (b) irrevocably and unconditionally waive any moral rights or similar rights you have in any Content pursuant to the Copyright, Designs and Patents Act 1988 (as amended, superseded or replaced from time to time) (the “Act”) or equivalent legislation anywhere in the World.

4. Link To Third Parties
This Website or Servers may contain links to websites operated by third parties (“Third Party Websites”). The Mendip Stud does not have any influence or control over any such Third Party Website and, unless otherwise stated, is not responsible for and does not endorse any Third Party Website or its availability or contents or any agreement or understanding you enter into with a third party through a Third Party Website.

5. Member Conduct
You agree that when using the Website or Server you will not:

1. a) Upload, post or otherwise transmit Content which violates the rights (including, without limitation, the intellectual property rights) of a third party or which is unlawful, harmful, threatening, abusive, argumentative, flaming, hateful, offensive (whether in relation to sex, race, religion or otherwise) harassing, defamatory, vulgar, obscene, indecent, libellous, invasive of another's privacy or contains any illegal content;
2. b) Harvest Content or IP addresses or upload, post or otherwise transmit any Content which contains software viruses or any other files or programs that may interrupt, destroy or limit the functionality of this Website or Server or any networks connected to this Website or Server or another's computer, or that contains any chain letters, pyramid-selling schemes, bulk mail, junk mail or similar; or
3. c) Upload, post or otherwise transmit any Content for any commercial or business purpose including (without limitation) any Content which contains any advertising or promotional materials; or
4. d) Restrict or in any way inhibit any person from using this Website or Server;
5. e) Upload, post or otherwise transmit any Content which is un-necessary and/or repetitive including any Content which repeats that previously uploaded, posted or transmitted by you or another visitor, unless absolutely necessary; or
6. f) Upload, post or otherwise transmit any Content to a part of this Website or Server which is irrelevant to the subject matter or the Content; or
7. g) Upload, post or otherwise transmit any Content to this Website or Server using an e-mail address provided by a free account service such as hotmail; or
8. h) Register yourself as a member of this Website, the forum provided through this Website, or to receive any newsletter or other service under more than one user name and/or user account number without the consent of the Website editor; or
9. i) Use this Website or Server in a manner that is inconsistent with these Terms and Conditions and/or any relevant laws and regulations in force from time to time; or
10. j) Breach the terms of any suspension or ban or seek alternative access.

6. The Mendip Stud Privacy Policy
If you provide information to The Mendip Stud on or through this Website or Server, The Mendip Stud will use it in accordance with the terms of its privacy policy. That privacy policy forms part of these Terms and Conditions and by using this Website or Server you acknowledge and agree that you have read and accept the terms of that privacy policy.

6a. General
This is a website of The Mendip Stud Ltd. We are committed to protecting your privacy and we take our responsibilities regarding the security of information you provide to us very seriously. If you have any concerns, questions or comments please email info@themendipstud.com.

6b. Use of Information
If you provide us with any personal information through this Website or any associated survey or competition (“Your Information”) we will use it as set out in this policy and to: (a) provide you with any goods or services that you request and to monitor the provision of those goods and services; and (b) contact you about any goods or services of The Mendip Stud which may be of interest to you. If you do not wish to receive information about our goods and services or those of our group companies, please follow the unsubscribe instructions on the correspondence you receive or on this Website or email info@themendipstud.com.

6c. Disclosure to third parties
Unless expressly stated in this policy, we will not disclose any of Your Information to any other person without your consent.

6d. Our email newsletters and special interest newsletters
If you subscribe to receive one of our email newsletters or a special interest newsletter provided by one of our partners, that newsletter will be provided to you free of charge, unless otherwise stated. To enable us to do this you will need to provide us with your email address. We may ask you to provide us with other information which we may require from time to time for business purposes. Our newsletters may contain promotions or advertisements relating to the goods and services provided by us from time to time. If at any time you wish to unsubscribe from an email newsletter or a special interest newsletter you may do so by following the unsubscribe instructions on the newsletter or on this Website or by e-mailing info@themendipstud.com.

6e. Third party sites
This Website may contain a link to third party websites. We do not accept any responsibility for the content or privacy policies of any third party website

6f. Cookies
This Website may make use of 'cookies' and tracking software. Cookies are pieces of information that are stored by the browser on the hard drive of your computer. Cookies enable us and any person who advertises on our Website to provide features such as remembering certain of Your Information and your preferences. Cookies can be deleted from your hard drive or you can configure your web browser so that it rejects cookies. Rejection of cookies will not prevent you from using most of the features on this Website. If you experience any problems having deleted cookies, you should contact the supplier of your web browser. The tracking software monitors traffic patterns and site usage so that we can design and develop this Website to suit the needs and requirements of visitors to it.

6g. Surveys
If you choose to take part in an on-line survey or poll conducted by us, we may use the information you provide for the purposes set out in Paragraph 2 above but will not pass on any information to any other party.

6h. Security
In accordance with our requirements under the Data Protection Act 1998, we shall use reasonable endeavours to implement security procedures to help prevent unauthorised access to Your Information. However, The Mendip Stud shall not be liable for any attempt to hack or crack or otherwise gain access to any part of this Website including any of Your Information.

6i. Usage of information
We may disclose Your Information if we are required to do so by any law or other regulatory or government authority.

6j. Corrections/updates
If we hold any of Your Information and that information is incorrect in any respect, you can e-mail info@themendipstud.com and the information will be corrected as soon as reasonably possible.

6k. Policy changes
By using this Website you agree to the terms of this privacy policy. We may amend this privacy policy from time to time. If we do so, we will post an updated version on this Website.

7. Disclaimer / Liability
Use of this Website or Server and their facilities, Third Party Websites, links to the Third Party Websites, and any Material and Content is at your own risk. To the maximum extent permitted by law: (a) The Mendip Stud disclaims all liability whatsoever, whether arising in contract, tort (including negligence) or otherwise in relation to this Website or Server, Third Party Websites, links to Third Party Websites, Material and Content; and (b) all implied warranties, terms and conditions relating to this Website or Server, Third Party Websites, links to Third Party Websites, Material and Content (whether implied by statue, common law or otherwise), including (without limitation) any warranty, term or condition as to accuracy, completeness, satisfactory quality, performance, fitness for purpose or any special purpose and title are, as between The Mendip Stud and you, hereby excluded. The Mendip Stud will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with this Website or Server, any Third Party Websites, links to Third Party Websites, the Material, Content, or any products or services offered on or through this Website or Server or Third Party Website, whether by The Mendip Stud or on its behalf, for any:

1. a) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or
2. b) loss of goodwill or reputation; or
3. c) special or indirect or consequential loss.

8. Access Restriction
The Mendip Stud reserves the right in its sole discretion to deny you access to this Website or Server, or any portion thereof, without notice and for any reason including, without limitation, if you fail to comply with any clause 5 (Member Conduct) or any other provision of these Terms and Conditions. In particular, The Mendip Stud may deny you access to this Website or Server if The Mendip Stud exercises its right to lock any discussion topic to prevent further discussion, following submission of Content relating to that topic by you.

9. Online Competitions
If you take part in any competition which is run on or through this Website or Server ("Competition"), you agree to be bound by the Online Competition Rules and any other rules specified by The Mendip Stud from time to time ("Competition Rules") and by the decisions of The Mendip Stud, which are final in all matters relating to the Competition. The Mendip Stud reserves the right to disqualify any entrant and/or winner in its absolute discretion without notice in accordance with the Competition Rules.

10. General
These Terms and Conditions (as amended from time to time) constitute the entire agreement between you and The Mendip Stud concerning your use of this Website or any other The Mendip Stud Site or Server and supersede any previous arrangement, agreement, undertaking or proposal, written or oral between you and The Mendip Stud in relation to such matters. The Mendip Stud reserves the right to update these Terms and Conditions from time to time. If it does so, the updated version will be effective as soon as it is uploaded on to this Website. No other variation to these Terms and Conditions shall be effective unless in writing and signed by an authorised representative on behalf of The Mendip Stud.

These Terms and Conditions shall be governed by and construed in accordance with English law and you agree, for the benefit of The Mendip Stud, to submit to the exclusive jurisdiction of the English Courts.

If any provision(s) of these Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect.

The Mendip Stud’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by The Mendip Stud in writing.

Unless otherwise expressly stated, nothing in the Terms and Conditions shall create any rights or any other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than you and The Mendip Stud.

The Mendip Stud
Tel: +44 (0)1934 751258                   Bow Farm, A38 Badgworth, Somerset BS26 2QA                  Mobile: +44 (0)7866 444739
info@themendipstud.com

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