Introduction

These terms and conditions, as well as our Privacy Policy, govern your use of this website; by using this website, you accept these terms and conditions in full. Irish Thoroughbred Marketing (“ITM”) reserves the right to amend or modify these Terms and Conditions without notice, at its sole discretion by posting any altered Terms and Conditions on the Website. If you do not agree with the Terms and Conditions, you must not use the Website.

License to use website

Unless otherwise stated, ITM and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:
• republish material from this website (including republication on another website)
• sell, rent or sub-license material from the website
• show any material from the website in public
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose

Acceptable Use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without ITM’s express written consent.

No Warranties

This website is provided “as is” without any representations or warranties, express or implied. ITM makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, ITM does not warrant that:
• this website will be constantly available, or available at all; or
• the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, a recommendation of any kind. For example, the boarding farm listings, stallion listings, bloodstock agents lists, etc. are produced for your reference only, and their listing on the ITM Website does not constitute a recommendation by ITM.

Limitations of liability

ITM will not be liable to in relation to the contents of, or use of, or otherwise in connection with, this website:
• to the extent that the website is provided free-of-charge, for any direct loss;
• for any indirect, special or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if ITM has been expressly advised of any potential loss.

Reasonableness

By using this website, you agree that the limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

Unenforceable Provisions

If any provision of these Terms and Conditions is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of these Terms and Conditions.

Indemnity

You hereby indemnify ITM and undertake to keep ITM indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by ITM to a third party in settlement of a claim or dispute on the advice of ITM’s legal advisers) incurred or suffered by ITM arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches

Without prejudice to ITM’s other rights under these terms and conditions, if you breach these terms and conditions in any way, ITM may take such action as it deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing legal proceedings against you.

Variation

ITM may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

ITM may transfer, sub-contract or otherwise deal with ITM’s  rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. 

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire Agreement

These terms and conditions constitute the entire agreement between you and ITM in relation to your use of this website, and supersede all previous agreements in respect of your use of this website. 

Law and Jurisdiction

These terms and conditions will be governed by and construed in accordance with Irish law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Ireland. This will not prevent ITM from pursuing a claim for breach of contract, copyright infringement or otherwise in respect of these Terms and Conditions in any other jurisdiction throughout the world.