Terms of Service

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the ponymatters Services. By using the ponymatters Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the ponymatters Website) or you are a "Member" (which means that you have registered with ponymatters.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the ponymatters Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the ponymatters Website and discontinue use of the ponymatters Services immediately. If you wish to become a Member, communicate with other Members and make use of the ponymatters Services, you must read this Agreement and indicate your acceptance during the Registration process.

 

This Agreement includes ponymatters.com's policy for acceptable use of the ponymatters Services and Content posted on the ponymatters Website, your rights, obligations and restrictions regarding your use of the ponymatters Services and ponymatters.com's Privacy Policy. You may receive a copy of this Agreement by emailing us at: privacy@ponymatters.com, Subject: Terms of Use Agreement.

 

ponymatters.com may modify this Agreement from time to time and such modification shall be effective upon posting by ponymatters.com on the ponymatters Website. You agree to be bound to any changes to this Agreement when you use the ponymatters Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

 

Please choose carefully the information you post on ponymatters.com and that you provide to other Users. Your ponymatters.com profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other ponymatters.com Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and ponymatters.com assumes no responsibility or liability for this material. If you become aware of misuse of the ponymatters Services by any person, please contact ponymatters or click on the "Report Inappropriate Content" link at the bottom of any ponymatters.com page.

 

ponymatters.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the ponymatters Services at any time, for any or no reason, with or without prior notice, and without liability.

 

1. Eligibility. Use of and Membership in the ponymatters Services is void where prohibited. By using the ponymatters Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) if you are underage, your parents should read the Safety and Care advices of this site; and (d) your use of the ponymatters Services does not violate any applicable law or regulation.

 

2. Term. This Agreement shall remain in full force and effect while you use the ponymatters Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. ponymatters.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect.

  

3. Fees. You acknowledge that ponymatters.com reserves the right to charge for certain ponymatters Services, where indicated, and to change its fees from time to time in its discretion. If ponymatters.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription or service related fees.

 

4. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify ponymatters.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

 

5. Non-commercial Use by Members. The ponymatters Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by ponymatters.com. Illegal and/or unauthorized use of the ponymatters Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the ponymatters Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the ponymatters Services.

 

6. CONTENT POSTED ON THE SERVICES. You understand and agree that ponymatters may (but is not obligated to) review any classified ads, content, communication, information, Intellectual Property, material, messages, photos, videos, URLs, profiles and the like (collectively refered to as "Content") that is uploaded, published or displayed on the Services and delete or refuse to take online any such Content, including, without limitation, any Content that in the sole judgment of ponymatters violates this Agreement or which might be offensive, inappropriate, illegal, or that might violate the rights, harm, or threaten the safety of other Members or third parties. You are solely responsible for the Content that you post on the Services, or transmit to other Members or third parties. By posting Content to any area of the Services provided in this website, you automatically grant, and you represent and warrant that you have the right to grant, to ponymatters an irrevocable, perponyual, non-exclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform (including by means of a digital audio transmission), and otherwise use Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. In addition, you represent and warrant that you have the right to post the Content and you will not post any illegal or prohibited Content and will not infringe, misappropriate, violate or contravene any third party rights (including, without limitation, any intellectual property rights). The following is a partial list of the kind of Content that is illegal or prohibited on the Website ("Prohibited Content"). ponymatters reserves the right (but is not obligated) to investigate and to take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending Content from the Service and terminating the membership of such violators.

Prohibited Content includes Content that:

              (a) is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

              (b) harasses or advocates harassment of another person;

              (c) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming";

              (d) promotes information that you know is false, misleading or that promotes illegal activities or conduct that is illegal, abusive, threatening, obscene, defamatory or libelous;

              (e) promotes an illegal and/or unauthorized ("pirated") copy of another person's copyrighted work (whether marked as such, or not), such as, but not limited to, providing pirated computer programs or links to them, providing information to circumvent copy-protection mechanisms, or providing pirated music, video or other pirated Content, or links to such pirated music, video files, or files that contain such other pirated Content;

              (f) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);

              (g) displays pornographic or sexually explicit material of any kind and in any form;

              (h) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;

              (i) provides instructional information about illegal activities such as, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

              (j) solicits passwords or personal identifying information of any kind for commercial or unlawful purposes from other users; and engages in commercial activities and/or commercial sales without our prior written consent, including, without limitation, contests, sweepstakes, barter, advertising, and pyramid schemes;

 

  

7. Content/Activity Prohibited. The following is a partial list of the kind of activity that is illegal or prohibited on the ponymatters Website and through your use of the ponymatters Services. ponymatters.com reserves the right to investigate and take appropriate legal action against anyone who, in ponymatters.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

         1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

         2. advertising to, or solicitation of, any Member to buy or sell any products or services through the ponymatters Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the ponymatters Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, ponymatters.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which ponymatters.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the ponymatters Services, you acknowledge that you will have caused substantial harm to ponymatters.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay ponymatters.com $50 for each such unsolicited email or other unsolicited communication you send through the ponymatters Services;

         3. any automated use of the system, such as using scripts to add friends or send comments or messages;

         4. interfering with, disrupting, or creating an undue burden on the ponymatters Services or the networks or services connected to the ponymatters Services;

         5. attempting to impersonate another Member or person;

         6. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;

         7. selling or otherwise transferring your profile;

         8. using any information obtained from the ponymatters Services in order to harass, abuse, or harm another person;

         9. using the ponymatters Services in a manner inconsistent with any and all applicable laws and regulations.

 

 

8. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of ponymatters.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to ponymatters.com by the copyright owner or the copyright owner's legal agent.

 

9. Member Disputes. You are solely responsible for your interactions with other ponymatters.com Members. ponymatters.com reserves the right, but has no obligation, to monitor disputes between you and other Members.

 

10. Privacy. Use of the ponymatters Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

 

11. Disclaimers. ponymatters.com is not responsible for any incorrect or inaccurate Content posted on the ponymatters Website or in connection with the ponymatters Services, whether caused by Users of the ponymatters Services or by any of the equipment or programming associated with or utilized in the ponymatters Services. Profiles created and posted by Members on the ponymatters Website may contain links to other websites. ponymatters.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by ponymatters.com. Inclusion of any linked website on the ponymatters Services does not imply approval or endorsement of the linked website by ponymatters.com. When you access these third-party sites, you do so at your own risk. ponymatters.com takes no responsibility for third party advertisements which are posted on this ponymatters Website or through the ponymatters Services, nor does it take any responsibility for the goods or services provided by its advertisers. ponymatters.com is not responsible for the conduct, whether online or offline, of any User of the ponymatters Services. ponymatters.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. ponymatters.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the ponymatters Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the ponymatters Services. 

 

12. Limitation on Liability. IN NO EVENT SHALL ponymatters.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF ponymatters.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ponymatters.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ponymatters.COM FOR THE ponymatters SERVICES DURING THE TERM OF MEMBERSHIP.

 

13. Other. This Agreement is accepted upon your use of the ponymatters Website or any of the ponymatters Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and ponymatters.com regarding the use of the ponymatters Services. The failure of ponymatters.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. ponymatters.com is a trademark of ponymatters, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

 

Please contact us at: Contact ponymatters with any questions regarding this Agreement.