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PERSONAL AND NON-COMMERCIAL USE LIMITATION COPYRIGHT AND TRADEMARK NOTICES LIABILITY DISCLAIMER THE TRAIL OF PAINTED PONIES AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. IN NO EVENT SHALL THE TRAIL OF PAINTED PONIES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE TRAIL OF PAINTED PONIES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NO UNLAWFUL OR PROHIBITED USE USE OF GUEST BOOK, AND OTHER COMMUNICATION FORUMS Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information. Publish, post, distribute, or disseminate any material or information that is untrue, false, or inaccurate. Post under multiple identities and/or names. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents. 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Users must indemnify and hold harmless The Trail of Painted Ponies, trailofpaintedponies.com, its partners, parent companies, vendors, and affiliates from all claims, demands, obligations, liabilities, suits and proceedings, (including claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys fees and costs) arising in connection with information posted on the website guest book, or submitted by the User. By submitting items to trailofpaintedponies.com for inclusion in the website or guest book, the User grants trailofpaintedponies.com a royalty free, irrevocable license under all intellectual property rights (including copyright) to use, copy, distribute, sublicense, display, perform and prepare derivative works based on those items. You acknowledge that postings, conferences, and other communications by other users are not endorsed by trailofpaintedponies.com, and such communications shall not be considered reviewed, screened, or approved by trailofpaintedponies.com. trailofpaintedponies.com reserves the right for any reason to remove without notice any contents of the guest book received from user. trailofpaintedponies.com reserves the right to deny in its sole discretion any user access to this website or any portion thereof without notice. MODIFICATION OF THESE TERMS AND CONDITIONS PRICES & DIRECTIONS trailofpaintedponies.com and it’s officials do not authorize the use of such prices for any purpose other than your personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes. In particular, any statement of schedules, dates and locations needs to be verified off line before relying on such information for travel arrangements or reservations. Under no circumstances will The Trail of Painted Ponies and trailofpaintedponies.com be liable to the user or any third party for any damages, costs, lost profits or lost opportunity, or indirect, special, consequential, incidental or punitive damages, based upon use of information posted on the website or edited by trailofpaintedponies.com even if trailofpaintedponies.com has been advised of the possibility of such injuries. The author, The Trail of Painted Ponies and trailofpaintedponies.com shall have neither liability for, nor responsibility to, any person or entity with respect to any loss or damage caused or alleged to be caused directly or indirectly by the information contained on this website and discussion boards. We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of this website. |
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