Terms of Agreement for services provided by Stolen Horse International MUST READ! By using this website, filing a report with or otherwise providing information to Stolen Horse International, Inc. (“SHI”), you agree that you have read, understand and agree to all of the following terms and conditions below:
NOTE: If your case is CIVIL, the intent of utilizing NetPosse's services is to locate the horse so that the owner can have a better chance of legally recovering the animal or receiving outstanding monies owed if the case involves a sales agreement. NetPosse does not have any authority to seize an animal as we are not law enforcement. While we do give advice based upon more than a decade of handling thousands of cases, we do not represent ourselves as attorneys, and it is our recommendation that anyone involved in a civil case consult an attorney to best advise regarding local laws and legal standing. NetPosse is also not in a position to delegate funds to aid in recovery such as shipping costs or buying an animal back. However, we will do what we can to assist in networking with volunteers to minimize the cost of recovery if possible. (5/24/2019)
General Terms and Conditions
- Stolen Horse International, SHI, All Equine ID, AllEquineID.com, NetPosse, and NetPosse.com are all commonplace names for Stolen Horse International, Inc. All are copyrighted by this organization and cannot be used in any format without the permission of Stolen Horse International, Inc.
- In many cases, horses and other property listed as stolen or missing are the subjects of a legal dispute. The site receives the information it publishes from reports submitted to the site by third parties. Accordingly, the site is not responsible for the accuracy or completeness of such information. By submitting any content to our Site, you represent and warrant to us that such content is true and correct in all respects, that you have the right to so submit such content, and that our use of your content as described on the Site will not infringe or violate the rights of any third party, including without limitation any intellectual property rights and rights of privacy. You will indemnify us for any breach of this warranty. Unless otherwise specified in any other document pertaining to specific content, you will continue to own all content you submit to our Site. Solely to enable us to use the information you supply us with, so that we are not violating any rights you might have in that information, you hereby do and will grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your content, in any media now known or not currently known, in any manner incident to our operation of the Service as it pertains to your content.
- If you believe that information published by SHI is false or misleading, you may submit a rebuttal report. A fee will be charged and support documentation will be required. The fee will be returned if all rebuttal documents have been received and SHI determines them to be true. You understand that failure to do so will result in the disputed case remaining online. Additionally, you may want to seek legal advice from an attorney regarding your situation.
- SHI provides its website as a portal to help people find stolen or missing horses and horse-related property. Although SHI may provide search assistance and related services to persons filing reports with SHI, SHI does not provide legal advice of any kind and does not mediate disputes. SHI’s main goal in publishing information is to help ensure the safety and well-being of horses. We are an informational service provider only. We are forming no agency or attorney-client relationship with you. Unless otherwise set forth herein or in any other document promulgated by us, we have no direct involvement in any transaction for the purchase or sale of any product or service using our Service. No brokerage, agency, or other fiduciary relationship is created between you (or any other party) and us, by virtue of your (or such party’s) use of the Service.
- From time to time, SHI volunteers and/or discussion board participants may provide information or advice to you or other persons filing reports with or otherwise contacting SHI. Such information or advice is not provided on behalf of SHI. Accordingly, SHI is not responsible for such advice or information. Any liabilities arising due to your failure to become fully informed about the risks of entering into such transactions are yours alone. Any advice you receive through our site whether provided by us, our third-party providers or other users, should not be relied upon and is no substitute for engaging the services of appropriate professionals in light of the facts and circumstances of your particular situation.
- To the fullest possible extent, we are a neutral, objective service provider of a platform upon which you and others can participate in the exchange of information, including statements of fact and opinion. We have no obligation to exercise any editorial control over any content posted on the Site. We do not advocate for or against any case, and we do not endorse or ratify any statements made by any user of our services. We may (but shall not be obligated to) report to appropriate governing bodies any act or omission of any person that is in violation of these Terms or the rules, regulations, canons of conduct, or other licensing requirements of such bodies. We may (but shall have no obligation to) remove any content posted on our Site at any time for any reason. The Communications Decency Act, 47 U.S.C. § 230, provides that we, as the provider of the Service, shall not be treated as the publisher or speaker of any information provided by the users of our Site. You shall have no claim against us for the posts of our users.
- Your use of SHI’s website and your relationship with SHI shall be governed exclusively by the laws of North Carolina. You hereby agree that any legal action brought in connection with this website or your relationship with SHI must be brought in Cleveland County, North Carolina.
- In any legal action brought in connection with SHI’s website or your relationship with SHI, if SHI is the prevailing party, SHI will be entitled to prompt payment of expenses from the other party(ies) following final adjudication in favor of SHI. “Expenses” shall including the following costs actually incurred by SHI: attorneys’ fees, retainers, court costs, transcript costs, fees of experts, witness fees, travel expenses, duplicating costs, printing and binding costs, telephone charges, postage, delivery service fees, damages, and all other disbursements.
- The information on SHI’s website and in other SHI publications is protected by U.S. copyright law and may not be used or reproduced in any format without advance written permission from SHI. However, you may copy and distribute fliers produced by SHI provided that you do so solely for the purpose of promoting recovery of the horses or property described in the fliers and that you copy such fliers in their entirety. If you wish to republish information on SHI’s website or have other copyright questions, you may write to SHI at email@example.com.
- At any time and without notice to anyone, SHI may change fees for submission of reports or other services.
- By using the Service you may not create or use an account on the Service for anyone other than yourself. You may not let others use your account and you may not share your login information with others. You must keep your contact and personal profile information accurate and current. If your status changes during the course of your use of the Service please contact us to arrange for an appropriate adjustment of your privileges.
- ALL SALES ARE FINAL. ALL PRODUCTS AND SERVICES ON THE SITE ARE OFFERED FOR SALE “AS IS, WHERE IS, WITH ALL FAULTS” WITH NO EXPRESS OR IMPLIED GUARANTEES OR WARRANTIES WHATSOEVER, UNLESS REQUIRED BY LAW. Without limiting any other provision of these Terms, you acknowledge and agree that, as a Consumer, you are acquiring products and services in their present state and condition, with all defects, both patent and latent, and with all faults, whether known or unknown, presently existing, or that may hereafter arise. As a Consumer, you hereby acknowledge and agree that we have not made, do not make and specifically negate and disclaim, any and all representations, warranties, promises, covenants, agreements, or guarantees of any kind or character whatsoever, whether express or implied, oral or written, past, present, or future, of, as to, concerning or with respect to the applicable products and services, including without limitation: (a) the value, nature, quality, or condition of any products or services purchased from us or from any provider; (b) the suitability of any provider for any or all purposes; (c) the compliance of or by any provider with any laws, rules, or ordinances of any applicable governmental authority or body; and (d) the merchantability, marketability, profitability, or fitness for a particular purpose of any products. Each Consumer and anyone claiming by, through or under the same hereby fully and irrevocably releases us and our and our respective employees, officers, directors, representatives, attorneys, and agents from any and all claims that you may now have or hereafter acquire against the same for any cost, loss, liability, damage, expense, demand, action, or cause of action arising from or relating to any defects, efforts, acts, omissions, or other conditions affecting any products or services obtained through the Service. This release includes claims of which you as a Consumer may be presently unaware or which you may not presently suspect to exist and which, if known by you, would materially affect your willingness to provide the above release.
- You are solely responsible for all documents and other content you upload to the Site, including without limitation ensuring the veracity thereof and obtaining the legal permission to so disclose such content. Your uploading of all such content must be in compliance with applicable law and all applicable provisions hereof. Such content shall not be hateful, threatening, obscene, unprofessional, or posted for purposes other than in furtherance of the Service. We may refuse Service to you, whether you are a Consumer or a provider, for any lawful reason or for no reason. You agree to use our Service responsibly, with good judgment, and in a manner conforming at minimum to prevailing standards for internet and business etiquette. For example and without limitation, while using the Service you shall not: (a) violate any applicable law or regulation; (b) infringe the rights of us or any third party, including without limitation intellectual property, privacy, and contractual rights; (c) use information obtained through our Service for any unauthorized purpose; (d) interfere with or damage our Service, including without limitation through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing, forged electronic mail address information, means to reproduce or circumvent the navigational structure or presentation of the Service or its contents, or similar methods or technology; (e) use our Service unlawfully to transmit, distribute, post, or submit any private information concerning any other person or entity, including without limitation photographs, personal contact information, or numbers of credit, debit, or calling cards or accounts; (f) use our Service in connection with the distribution of unsolicited commercial email or advertisements; (g) stalk or harass any other user of our Service; (h) collect any information about any other user other than as customarily arises in the course of permitted use of our Service; (i) use our Service for any unauthorized commercial purpose; (j) impersonate any person or entity; (k) remove any copyright, trademark, or other proprietary right notices or legends contained in the Service; (l) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Service or our Site or any software used on or for the Service; (m) collect or compile information from our Site using any manual or automated means; or (n) assist or facilitate any third party in doing any of the foregoing.
- YOUR INTERACTIONS WITH OTHER USERS OF THE SERVICE IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR THIRD PARTIES IN CONNECTION WITH YOUR USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION BODILY INJURY, EMOTIONAL DISTRESS, AND ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS WITH OTHER USERS OF THE SERVICE, PERSONS OR ENTITIES, YOU INTERACT WITH THROUGH THE SERVICE, OR ANY BUSINESS TRANSACTIONS INTO WHICH YOU MAY ENTER OR CONSUMMATE WITH THEM.
- Our Service is intended for persons 18 years or older and we will not knowingly permit anyone under the age of 18 to use our Service. By using our Service, you represent and warrant that you are at least 18 years old and otherwise have the right, authority, and capacity to accept these Terms and abide by all of the terms and conditions set forth herein.
- You may use the Service in accordance with the fee schedule, which we may modify from time to time in accordance herewith. Fees are stated in U.S. dollars. Not all functions on the Service carry a fee. In order to access the full suite of features and services available on the Service, you may be required to become a registered or verified user of the Service and pay a fee if one is required.
- If you register for our Service as a business, you represent and warrant that you have the authority to bind such business and otherwise act on its behalf. If you lack such authority, you will be held personally liable for all transactions into which you enter on the Site on behalf of such business.
- The Site may contain links to third-party websites and resources. Such sites and resources are not under our control and we shall not be responsible for the contents or functions thereof. We provide such links as a convenience, and the inclusion of any link does not imply endorsement by us or any association with its operators.
- You agree that all content and materials available on our Site are protected by our and the applicable third parties’ rights of publicity, copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws. Except for information in the public domain or for which you have been given express written permission by us to the contrary, you agree not to sell, license, rent, modify, distribute, copy, reproduce, print out, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works of any materials or content available on our Site. Notwithstanding the above, you may use the content and materials on our Site in the course of your normal use of our Service. You agree not to use of any of our trademarks as metatags on other web sites. You agree not to display any of our Site in a frame (or any of our content via in-line links) without our express written permission, which may be requested by contacting us at firstname.lastname@example.org. You may, however, establish ordinary links to the homepage and other major sections of our Site without our written permission.
- You will select a username and password when completing the registration process. You are solely responsible for maintaining the confidentiality of your username and password and are solely responsible for all activities that occur under your username and password. You agree to: (a) immediately notify us of any unauthorized use of your username and password or any other breach of security; and (b) ensure that you log off from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this paragraph. We may employ various reasonable means to verify the identity of each user registering on the Site. We make no warranties as to the accuracy of the identity of any user. You acknowledge and agree that we are authorized to act on instructions received through use of your username and password, and that we may, but are not obligated to, deny access or block any transaction made through use of your credentials without prior notice if we believe your username and password are being used by someone other than you, or for any other reason.
- You agree that we, in our sole discretion, may terminate your access to our Service for any reason or no reason, including without limitation your breach of these Terms. You agree that any termination of your access to our Service may be effected without prior notice, and you acknowledge and agree that we may immediately deactivate or delete any of your accounts and all related information and files in such accounts, and bar any further access to such files or our Service. You agree that we will not be liable to you or any third party for any loss or damages of any kind resulting from any termination of your access to our Service. To voluntarily terminate your access to the Service at any time, you may terminate your account by sending us written notice of termination at PO Box 1341, Shelby, North Carolina, 28151. Please allow 30 days for termination to take effect. Your account with us and this Agreement shall automatically renew on a periodic basis unless earlier terminated in accordance herewith. We reserve the right at any time to modify or discontinue, temporarily or permanently, any portion of our Service with or without prior notice. You agree that we will not be liable to you or to any third party for any modification or discontinuance of our Service.
- We may provide assistance and guidance through our representatives. When communicating with our representatives, you may not be abusive, obscene, threatening, harassing, or racially offensive, or otherwise behave inappropriately. If we feel that your behavior towards any of our representatives is at any time threatening or offensive, we reserve the right to immediately terminate your access to our Service.
- If it is discovered that when communicating with others privately or publicly, via any media, that you have made derogatory, inflammatory, libelous or any other negative comments about SHI and/or its representatives at any time, we reserve the right to immediately terminate your access to our Service.
- You hereby represent and warrant to us that: (a) that you have the full power and authority to enter into and perform under these Terms; and (b) your use of our Service will not violate any of these terms
- WE MAKE NO WARRANTIES ABOUT ANY INFORMATION PROVIDED IN ANY ADVERTISEMENT OR ANY PERSON LISTING, NOR DO OUR AFFILIATES. YOU MUST CONDUCT YOUR OWN DUE DILIGENCE RESPECTING EACH PERSON. REPUTATION INFORMATION IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT GUARANTEE FUTURE PERFORMANCE.
- IF YOU USE OUR SERVICE, YOU DO SO AT YOUR OWN AND SOLE RISK. OUR SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF EVERY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- WE EXPRESSLY DO NOT WARRANT THAT, AND EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES THAT: (A) OUR SERVICE WILL MEET YOUR REQUIREMENTS; (B) OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION THAT YOU MAY OBTAIN ON OUR SERVICE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICE WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED. WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF COMMUNICATION ON ACCOUNT OF TECHNICAL PROBLEMS, OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB OR IN CONNECTION WITH THE SERVICE. UNDER NO CIRCUMSTANCES WILL WE OR ANY OF OUR AFFILIATES, ADVERTISERS, PROMOTERS, OR DISTRIBUTION PARTNERS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE SITE OR THE SERVICE.
- NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM OUR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
- YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM, RELATING TO, OR CONNECTED WITH: (A) THE USE OR INABILITY TO USE OUR SERVICE, (B) THE COST OF REPLACEMENT OF ANY INFORMATION STORED OR MANAGED USING OUR SERVICE, (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, (D) STATEMENTS, CONDUCT, OR OMISSIONS OF ANY PERSONS, CONSUMERS, SERVICE PROVIDERS OR OTHER THIRD PARTY ON OUR SERVICE, (E) THE ACCURACY OF ANY INFORMATION PRESENTED ON THE SITE REGARDING ANY PERSON; OR (F) ANY OTHER MATTER ARISING FROM, RELATING TO, OR CONNECTED WITH OUR SERVICE, THE SITE, OR THESE TERMS.
- WE WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS WHETHER OR NOT SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING NATURAL CATASTROPHES, GOVERNMENTAL ACTS OR OMISSIONS, LAWS OR REGULATIONS, TERRORISM, LABOR STRIKES OR DIFFICULTIES, COMMUNICATIONS SYSTEMS BREAKDOWNS, HARDWARE OR SOFTWARE FAILURES, TRANSPORTATION STOPPAGES OR SLOWDOWNS, THE INABILITY TO PROCURE SUPPLIES OR MATERIALS, JUDICIAL DELAYS, PERFORMANCE DEFECTS, OR THE CURE THEREOF.
- IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR SERVICE OR THESE TERMS EXCEED THE SUM OF ONE DOLLAR ($1.00).
- YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT WE HAVE NO CONTROL OVER THE BEHAVIOR OF ANY OTHER USER OF THE SITE, AND WE HEREBY DISCLAIM ALL WARRANTIES AND LIABILITIES RESPECTING THE CONDUCT OTHER USERS.
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS HEREIN MAY NOT APPLY TO YOU.
- INDEMNITY; RELEASE; WAIVER -You agree to defend, indemnify, and hold harmless us and our subsidiaries, parents, affiliates, and each of our and their directors, officers, managers, members, partners agents, and employees from and against each and every claim, demand, action, damage, loss, cost, and expense, including without limitation reasonable attorneys' fees, incurred in connection with any suit or proceeding brought against us arising out of your use of our Service or alleging facts or circumstances that could constitute a breach by you of any provision of these Terms or any of the representations and warranties set forth above. If you are obligated to indemnify us, we will have the right in our sole and unfettered discretion to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms. In the event of a dispute between you and any other user of the Site, you hereby release us and our affiliates (and us and their officers, directors, agents, affiliates, subsidiaries, joint ventures and employees) from all claims, demands, and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. You hereby waive any and all claims you may have against us, our clients, and our other customers of the Service in connection with our and their use of the Service not constituting a breach hereof.
- COPYRIGHT POLICY - You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on our Site in a way that constitutes copyright infringement, send us your notice of infringement at PO Box 1341, Shelby, North Carolina 28151.
- USER DISPUTES - You are solely responsible for your interactions with other users of our Site. We reserve the right, but have no obligation, to monitor interactions between you and other users but will review report disputes once a rebuttal has been submitted through the website. All cases have the rebuttal form for use of disputes.
- DISPUTE RESOLUTION - All disputes between you and us arising out of or relating to these Terms or your use of our Service will be resolved, at our election, either: (i) by binding arbitration in accordance with the rules of the American Arbitration Association in Shelby; or (ii) in an action brought in the state or federal courts of competent jurisdiction located exclusively in Shelby, North Carolina. Each party hereby irrevocably submits to the personal jurisdiction of such venues. All disputes with reports must be filed in our rebuttal format and a fee will be paid. If submitted documents are accurate the fee will be refunded and the case removed from the site. In any action to enforce this Agreement and/or recover damages pursuant hereto, we shall be entitled to recover from you our fees and costs incurred in connection therewith, including without limitation reasonable attorneys’ fees.
- GENERAL PROVISIONS - These Terms shall be interpreted in accordance with the laws of the State of North Carolina without reference to conflict of law principles. With respect to specific transactions between or among certain users agree that jurisdiction is in Cleveland County, NC and NC laws apply. These Terms contain the entire understanding between you and us regarding the subject matter hereof, and supersede all prior and contemporaneous agreements and understandings. No failure or delay by a party in exercising any right, power or privilege under these Terms shall operate as a waiver thereof. You and we are independent contractors only, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect. This Agreement may be assigned by us to any third party, but you may not assign this Agreement or any of your rights or obligations hereunder without our express, written consent. If any provision hereof is found to be invalid or unenforceable, such provision shall be recast to the extent required to make it valid and enforceable and the other provisions hereof shall be unaffected thereby.
- NetPosse Mailing List - We require each person who is filling out a case report to join the NetPosse Alerts and NetPosse News e-newsletter sent to you privately through a professional newsletter company. You may join by using the Newsletter box on the site, by clicking this link, or we may add you automatically to the mailing list.
Submitting Information to SHI/Use of material in public mediums
Media Consent and Release
- By entering this contest, you agree to certain all of the terms and conditions relating to this contest and you are responsible for understanding Your Rights.
- By entering, participants agree to indemnify, defend and hold harmless Stolen Horse International, its respective subsidiaries, affiliates, directors, officers, employees, attorneys, agents and representatives, from any and all third party liability for any injuries, loss, claim, action, demand or damage of any kind arising from or in connection with the competition (collectively, "Losses"), including without limitation any third party claim for copyright infringement or a violation of an individual’s right to privacy and/or publicity rights. The Contest is void where prohibited by law.
- Each entrant in the Contest (each "Entrant") is responsible for ensuring that he or she has the right to submit any and all mediums (but not limited to) such as photos/artwork/images/writing that he or she submits to the Contest per these rules.
- You agree that any and all disputes that cannot be resolved with Stolen Horse International, and causes of action arising out of or connected with any Contest, shall be resolved individually, without resort to any form of class action, before a court of competent jurisdiction located in Cleveland County, North Carolina, which court shall apply the laws of North Carolina without regard for rules of conflicts of law. In any such dispute, the participant shall not be entitled to any punitive, special, indirect, incidental or consequential damages, including without limitation attorney’s fees, or any damages other than participant’s actual out-of-pocket expense (if any)associated with participating in any activity on NetPosse.com. You hereby waive any rights to have damages multiplied or increased. The Contest and Stolen Horse International’s web site are provided "as is" without warranty of any kind, either express or implied.
- Stolen Horse International is not responsible for any incorrect or inaccurate information, whether caused by web site users or by any equipment or programming associated with or utilized in the photo competition, or by any technical or human error that may occur in the processing of submissions to the photo competition, including but not limited to any misprints or typographical errors. Stolen Horse International 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, entries. Stolen Horse International is not responsible for any problems or technical malfunction of any telephone network or lines, computer equipment, servers, providers, computer on-line systems, software, or failure of email on account of technical problems or traffic congestion on the Internet or at any web site, including injury or damage to participant's or to any other person's computer related to or resulting from participating or uploading images or information in the photo contest.
- If, for any reason, the photo competition is not capable of completion as planned, including but not limited to, any reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of Stolen Horse International that corrupt or affect the administration, security, fairness, integrity or proper conduct of any contest mediums for competition, Stolen Horse International reserves the right at its sole discretion to cancel, terminate, modify or suspend the photo competition. Stolen Horse International has the right to delete and not use photos that do not meet our criteria for our contest.
Without expectation of compensation or other remuneration, now or in the future, I hereby give my consent to Stolen Horse International, its affiliates and agents, to use my image and likeness and/or any interview statements from me in its publications, advertising or other media activities (including the Internet). This consent includes, but is not limited to:
(a) Permission to interview, film, photograph, tape, or otherwise make a video reproduction of me and/or record my voice;
(b) Permission to use my name; and
(c) Permission to use quotes from the interview(s) (or excerpts of such quotes), the film, photograph(s), tape(s) or reproduction(s) of me, and/or recording of my voice, in part or in whole, in its publications, in newspapers, magazines and other print media, on television, radio and electronic media (including the Internet), in theatrical media and/or in mailings for educational and awareness and I waive my right to any compensation.
(d) This consent is given in perpetuity and does not require prior approval by me.
Volunteer/Intern Confidentiality and Non-Disclosure Agreement
This Confidentiality and Non-Disclosure Agreement is given to Stolen Horse International/NetPosse.com in consideration of being a volunteer for Stolen Horse International.
As a volunteer or intern of Stolen Horse International, I recognize that I may learn certain facts about persons served that are of a highly personal and confidential nature. I understand that my access to data, information, and records (all hereinafter referred to as Information) maintained in manuals, handbooks and automated information and records systems of Stolen Horse International, also known as NetPosse (all hereinafter referred to as Information Systems) is limited to my need for the Information in the performance of my volunteer duties.
By agreeing to the terms of volunteer service below, I affirm that I have been advised of, understand, and agree to the following terms and conditions of my access to Information contained in Information Systems.
- I will use my authorized access to Information Systems only in the performance of the responsibilities of my position as a volunteer of Stolen Horse International.
- I will comply with all controls established by the Stolen Horse International regarding the use of Information maintained within Information Systems.
- I will avoid disclosure of information to unauthorized persons without the appropriate consent of the Information owner except as permitted under applicable Stolen Horse International policy and/or Federal or State law. I understand and agree that my obligation to avoid such disclosure will continue even after I leave the volunteer duties of Stolen Horse International.
- I will exercise care to protect Information against accidental or unauthorized access, modifications, disclosures, or destruction.
- When discussing Information with other volunteers in the course of my work, I will exercise care to keep the conversation private and not overheard by others who are not authorized to have access to such Information.
- I understand that any violation of this Agreement or other Stolen Horse International policies related to the appropriate release or disclosure of Information may result in one or more sanctions including immediate termination of my access to Information Systems, disciplinary action up to and including dismissal from volunteer duties, criminal penalties, or civil liability.
- At the conclusion of any discussions, or upon demand by Stolen Horse International, to return all confidential information, including prototypes, code, written notes, photographs, sketches, models, memoranda or notes taken, to Stolen Horse International's possession and the responsible director.
- I understand that because of the confidential and sensitive nature of the information and because of the use of, or even the appearance of the use of, the confidential information in certain circumstances may cause irreparable damage to Stolen Horse International and its reputation, or to clients of the company, Volunteer shall not, until the expiration of 10 years after the termination of the volunteer relationship between Stolen Horse International and the volunteer, engage, directly or indirectly, or through corporations or associates in any business, enterprise or employment which is directly competitive with Stolen Horse International.
- I affirm that I have been given the opportunity to review volunteer procedures, and other Stolen Horse International policies referenced therein, and I further affirm that my questions about those policies have been answered to my satisfaction.
- By filing a report of any kind or otherwise submitting information to SHI, you are certifying that to the best of your knowledge, all the information is accurate, complete and not misleading. If, after filing your report, you discover that information you have provided to SHI is inaccurate, incomplete or misleading, you agree to immediately update such information by contacting SHI.
- By filing a report or otherwise submitting information to SHI, you agree that SHI, in its sole discretion, may (but is not required to) publish or disseminate any information you provide to SHI. Additionally, SHI may disclose such information to anyone, including but not limited to law enforcement officers and opposing parties. Once you have provided information to SHI, you cannot revoke permission to publish or disseminate such information.
- If SHI receives information, for example from a law enforcement agency or in our rebuttal form, clearly demonstrating that information previously provided to SHI is false or misleading, SHI, in its sole discretion, may (but is not required to) remove or edit information published on SHI’s website or otherwise disseminated by SHI without notice to anyone.
- Upon reviewing the information you have submitted, SHI, in its sole discretion, may (but is not required to) request more information from other sources, including but not limited to law enforcement and opposing parties.
- In order to file a Criminal Report in any category with SHI, you must be able to provide a valid criminal case report provided by law enforcement that can verify your case is being investigated as a theft or criminal act and is not considered merely an incident. If SHI finds that the information provided is not correct or changes (i.e. Law Enforcement deems your case to be civil) and this change is not provided to SHI within a reasonable time period, SHI reserves the right to suspend, close or remove your listing without any further warning.
- Unless you pay the applicable filing fee in full at the time you submit your report to SHI, SHI may discard your report. If your filing fee payment is dishonored or otherwise incomplete, SHI may discard your report. All payments must be made via PayPal or credit card. If you pay by echeck, SHI may wait for your echeck to clear its account prior to processing your report.
- Once you have submitted your report to SHI and paid the applicable filing fee, you will not be entitled to a refund for any reason, including but not limited to the recovery of the horse or property that is the subject of the report.
- Once your information is on the site, we require that you use the NetPosse.com flyer and link it back to your information on the netposse.com in any public forum or correspondence. We give the public one place to get up to date information, contact information and a flyer. We ask victims to use these flyers because by coming to the site, it can mean that someone else's horse gains exposure and the public gains knowledge of other stolen and missing horses. Failure to do so may result in the removal of your information on the site and no further support from SHI. (Rev. 01/17/09)
- In its sole discretion, SHI may elect not to publish names and exact locations provided to SHI.
- In its sole discretion and at any time without notice to anyone, SHI may remove, edit or supplement any information published by SHI.
- If you benefit financially from SHI’s communication/publication of information submitted by you to SHI, you understand and agree that SHI shall be entitled to 25% of the gross amount you receive. For example, if as a result of your information being published on SHI’s website, email notifications, press releases, stories, or any other form of communication you are paid for the rights to use your story in a television show/movie/book, SHI will be entitled to 25% of such payment. (Updated 12/28/13)
- Use of information of the stories, horses or equipment on this website must first be cleared through Stolen Horse International for public release including but not limited to, written, film and electronic mediums. Stolen Horse International has rights to 25% of all monies paid to persons or entities, but not limited to sponsorship, advertisement, royalties, when information on this site or derived from Stolen Horse International email notifications, press releases, stories or other forms of communications is used. Written permission must be obtained from Stolen Horse International to use of any information on this site. Permission to use material on this site \includes all data, film copy, film footage, film data, film trailer for features, TV, webseries, or other photographic, materials for self or public use, all and any materials, products, technology, computer programs, specifications, manuals, business plans, software, marketing plans, business plans, financial information, and other information disclosed or submitted, orally, in writing, or by any other media, by owner. If someone fills out the report for the owner then the owner is bound by these terms once they use the material in any way. Disputes concerning this information shall be governed by the laws of North Carolina and any legal action must be heard in the Cleveland County, North Carolina courts. In any such dispute, the participant shall not be entitled to any punitive, special, indirect, incidental or consequential damages, including without limitation attorney’s fees, or any damages other than participant’s actual out-of-pocket expense (if any)associated with participating in any activity on NetPosse.com. You hereby waive any rights to have damages multiplied or increased.
- Owner proposes to disclose certain of its confidential and proprietary information (the "Confidential Information") to Recipient. Confidential Information Confidential Information disclosed orally shall be identified as such within five (5) days of disclosure. Nothing herein shall require Owner to disclose any of its information.
- SHI requires that each person who submits a report to SHI join a NetPosse Volunteer group. You may select your group when you file by clicking here or SHI will add you automatically to the Private Mailing List. Neither of these groups are discussion groups and only receive email from SHI.
- If you indicate in your submission to SHI that you will be including a photo of the horse or other property that is the subject of your report, in its sole discretion, SHI may not process your report until SHI has received a photo.
- You are responsible for verifying with SHI that SHI has received your material, including images and supporting documents.
- If you wish for SHI to publish your photograph(s) on SHI’s website, you must submit your photograph(s) in the following format: jpg, png. or tif format, 72 dpi, and at least 300 pixels (width or height).
- If you wish for SHI to publish your photograph(s) in a flier, you must submit your photograph(s) in the following format: jpg. png. or tif format, 300 dpi, and at least 1000 pixels (width or height).
Offering a Reward and Pay It Forward Program SHI frowns upon individuals or organizations who offer rewards and then do not pay those rewards when their horse or property is recovered. You agree not to post or otherwise offer a reward unless you are certain you will be able to pay the reward at the time the horse or other property is recovered. The money is used in our Pay-It-Forward Reward Program that helps ensure our Victim's Service Program through our website and listings will be here for the victim's past, present and future. Accordingly, by submitting a reward offer to SHI, you certify that you have read, understand and agree to all of the following terms and site TOS:
- At the time you submit your report to SHI, you agree to pay 5% of the stated reward amount to SHI at the time of payment for your report.
- You will be ready, willing and able to pay the offered reward at the time your horse or other property is recovered for our "Pay it Forward" program that helps us ensure our services may be available for victims like you, past, present and future.
- Your reward offer, including but not limited to offers submitted to SHI after filing your original report and reward offers that you may publish on your own, constitutes an offer to contract which can be accepted by the actions of those undertaking efforts to cause the recovery of your horse or other property.
- Within 24 hours of recovery of your horse or other property, you must pay the reward in full to the individual(s) and/or organization(s) (specifically including SHI) whose action(s) resulted in the recovery. If you do not pay the reward within such a time period, you will owe those entitled to the reward an additional 10% interest per year on the principal amount of the reward.
- If it appears that multiple persons may be entitled to the reward, you will use good faith efforts to determine the relative contributions of the parties and pay the reward amount pro rata to such persons. The fact that multiple persons may have a claim to the reward is not an excuse for the nonpayment of the reward with SHI receiving the first payment. For example, if Joe Smith saw SHI’s flier about your missing horse and as a result, called you to make arrangements for the return of your horse, both SHI and Joe Smith would be entitled to the reward.
- This agreement shall be governed by the laws of North Carolina. The parties hereby agree that any legal action under the agreement must be brought in Cleveland County, North Carolina. In any such dispute, the participant shall not be entitled to any punitive, special, indirect, incidental or consequential damages, including without limitation attorney’s fees, or any damages other than participant’s actual out-of-pocket expense (if any)associated with participating in any activity on NetPosse.com. You hereby waive any rights to have damages multiplied or increased.
- In any legal action brought in connection with this agreement or otherwise with respect to a reward offered by you, the prevailing party will be entitled to prompt payment of expenses from the other party(ies) following final adjudication in favor of the prevailing party. “Expenses” shall including the following costs actually incurred by the prevailing party: attorneys’ fees, retainers, court costs, transcript costs, fees of experts, witness fees, travel expenses, duplicating costs, printing and binding costs, telephone charges, postage, delivery service fees, and all other disbursements.
- If you do not include a reward on the report when it is filed with SHI or notify SHI of a reward being offered at a later date, but offer the reward outside of our website to avoid paying SHI 5% of the reward, we can still collect 25% of the reward that you have offered in a private or public medium.
- If you offer a reward, and such offer is published in any public or private medium, SHI’s website or in an alert or any flyer made or distributed and your horse or other property is found/recovered, you agree to pay SHI 25% of the offered reward, in addition to any other amount to which SHI may be entitled pursuant to the terms of your reward offer. If no reward is paid out to any other party then SHI can claim all of the rewards.
- When submitting your report form, you may request that SHI not publish the reward amount. However, you must inform SHI of the reward amount at the time you submit your reward offer to SHI; otherwise, SHI may not publish your reward offer.
Once you complete the form and hit submit, you will be redirected to the payment link. If you do not pay the fee or it is rejected, this form will be deleted, and you will have to resubmit with a valid fee before it will be processed. “By submitting this information to Stolen Horse International (SHI), aka NetPosse, I understand that ALL submissions become the property of SHI/NetPosse and are subject to review by the same. SHI reserves the right to refuse listings or reject any and all text and/or images at its discretion. Do not use any images that are not owned by or you have permission to use publicly on a report. SHI is not obligated to give a reason for refusal but will do so if time allows. “I also understand that the above info may be sent out in public forums, and I am giving my consent to do so. Any pictures submitted to SHI can be used on the website and in publications by and related to SHI without notification. I also certify this information to be true and that I have read and agree to the Terms and Conditions.”
I do understand that this agreement shall be governed by the laws of North Carolina. The parties hereby agree that any legal action under the agreement must be brought exclusively in Cleveland County, North Carolina. In any such dispute, the participant shall not be entitled to any punitive, special, indirect, incidental or consequential damages, including without limitation attorney’s fees, or any damages other than participant’s actual out-of-pocket expense (if any)associated with participating in any activity on NetPosse.com. You hereby waive any rights to have damages multiplied or increased.