If you do not agree to these terms and conditions, please do not use, donate or subscribe to this site ("Ponylabs.com"). These terms and conditions are subject to change at any time without notice to you.
1. About. This site ("Ponylabs.com") is an online activity for creating, sharing, and saving graphics, avatars, and digital images.
3. Accounts. Once you have created a user account ID and password, it is your responsibility to keep your password secure and unique as to not be easily compromised. Ponylabs.com is not responsible in any way for compromised accounts and is not required to reimburse users of compromised accounts or reinstate their account to a pre-compromised status.
5. User Actions. You will not use profanity or disguise profanity such as using *** in place of letters. You will not threaten, post copyrighted material or links, talk about subjects not related to user introductions, Ponylabs content or equestrian topics. Rude behavior will not be tolerated and may result in account termination.
6. Spamming. You will not submit mass messages or use any script, program or robot to submit messages or any action. You will not engage in advertising, solicitation, or any other form of spamming. If you receive spam please report it to Ponylabs.com management. Users are allowed to post a link to their personal website in the appropriate forum topic if the website is equestrian related and is not a site that is considered a competitor to Ponylabs.com.
8. Loss of Service. Ponylabs.com is not responsible for the loss of information or user data from system failures, site upgrade errors or any destruction, damage or loss of hardware or media used for the storage of user and site data. Ponylabs.com will attempt to reinstate our services to the best of our ability in the case of any site outage. Ponylabs.com can not guarantee the site ("Ponylabs.com") and our services will be reinstated at all or will be reinstated without the loss of user data after any failure. In the case of an extended site outage or massive loss of data, Ponylabs.com will refund, at the request of the user, all member subscription fees from the date of outage or loss of data, to the subscription end date. Subscription fees for months of service prior to the site outage or loss of data will not be refunded.
9. Content. Ponylabs consists of a mix of digital media, to include but not limited to, graphics, avatars, and digital images, and written content provided by our users and our partners (together, the "Content"). You are responsible for all Content that you post on or transmit through Ponylabs. CONTENT THAT IS EITHER COPYRIGHT PROTECTED, OR CONTENT THAT IS NOT OWNED, PRODUCED, OR CREATED BY THE USER POSTING THE CONTENT, IS NOT AUTHORIZED TO BE POSTED ON ANY PART OF PONYLABS.COM.
10. Posting and Transmitting Content with Ponylabs. You are responsible for all Content that you post on or transmit through Ponylabs. The following Content is prohibited:
a. Content involving nudity, including nudity or partial nudity of children of any age
b. Pornographic or obscene Content
c. Content that exploits children or minors
d. Content that discloses or contains any personally identifying information beyond a first name about any person who appears to be under the age of 18
e. Content that we have reason to believe was posted for malevolent purposes, including libel, slander, defamation or harassment
f. Content that may be deemed grossly offensive to the Ponylabs community, including, but not limited to, blatant expressions of bigotry, prejudice, racism, hatred or profanity
g. Content promoting or providing instructional information about illegal activities
h. Content that transmits or contains viruses, corrupted files, or any similar element
We (“Ponylabs”) examine Ponylabs' Content on a regular basis, and we maintain the absolute right (though not the obligation) to remove any Content that does not meet the standards listed above. We also reserve the right to terminate your access to Ponylabs if you fail to abide by these Terms.
11. Ponylabs Indemnification. By utilizing Ponylabs you agree to indemnify, defend and hold Ponylabs and its officers, directors, employees, agents, and affiliates harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by you as a result of Content you submit or transmit through Ponylabs in violation of these Terms. You also agree to take sole responsibility for any royalties, fees or other monies owed to any person by reason of any Content you post or transmit through Ponylabs or the services we provide.
12. Grant of License. When you post or transmit Content on or through Ponylabs you grant Ponylabs, its parent company Shark Bite Entertainment, LLC, their affiliates and partners a nonexclusive, irrevocable, worldwide, sub licensable, royalty-free license to use, store, display, publish, transmit, transfer, distribute and reproduce that Content on and through each of the services provided by Ponylabs and/or Shark Bite Entertainment. This license shall apply to the distribution and the storage of your Content in any form, medium, or technology now known or later developed. You may remove content you have posted on Ponylabs at any time. When you remove your content this license will automatically expire.
13. Content and/or Data Loss. Ponylabs is NOT responsible for the loss, deletion, failure to store, misdelivery or untimely delivery of any Content submitted to or transmitted through Ponylabs.
14. Use of Ponylabs and the Ponylabs Content. All of the Content available through Ponylabs is protected by our copyrights and the copyrights of our partners and/or the member posting the content. You may not use, store, display, publish, transmit, distribute, modify, reproduce, create derivative works of, participate in the transfer or sale of, publicly perform, or in any way exploit any of this Content, in whole or in part, outside of the specific usage rights granted to you by Ponylabs or the owner of the content. You may not use Ponylabs in any manner that interferes with our normal operations or with the use and enjoyment of another user. You may only access Ponylabs and the Content through the interfaces provided by Ponylabs.
15. Ponylabs Rights. We maintain the right to do any of the following any time, with or without prior notice:
a. restrict, suspend, or terminate your access to all or any part of our services;
b. change, suspend, or discontinue all or any part of our services;
c. refuse, move, or remove any Content;
d. refuse to register any user name that may be deemed offensive
e. establish general practices, fees and policies concerning Ponylabs and the services we provide
16. Limits on Ponylabs Responsibilities. We cannot guarantee the accuracy, security or quality of Content posted on or transmitted through Ponylabs. Under no circumstances will we be liable for any loss, harm, error or omission that may result from the use of Ponylabs. THE MATERIALS, INFORMATION, AND SERVICES PROVIDED ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY MATERIALS, INFORMATION, OR SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY DATA, TEXT, IMAGES, SOUNDS, OR COMPUTER PROGRAMS (INCLUDING COLLECTIONS AND COMPILATIONS OF THEM)) OR AGAINST INFRINGEMENT. THE MATERIALS AVAILABLE ON THE SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. NEITHER WE NOR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES OR AFFILIATES ARE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE SITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED AT THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND ANY OTHER TORT. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY SET FORTH HEREIN SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT OUR AGGREGATE LIABILITY WILL NOT EXCEED ANY SUMS PAID PURSUANT THIS AGREEMENT. NEITHER WE NOR OUR AFFILIATES TAKES ANY RESPONSIBILITY OR ASSUMES ANY LIABILITY FOR ANY CONTENT UPLOADED OR OTHERWISE TRANSMITTED BY YOU OR ANY THIRD PARTY, OR FOR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY, INDECENCY, LEWDNESS, HARASSMENT, THREATS, ABUSE, OR PROFANITY YOU MAY ENCOUNTER IN USING THE SITE. YOU AGREE TO HOLD US AND OUR AFFILIATES AND PARTIES WITH WHOM WE HAVE CONTRACTED FOR PURPOSES OF HOSTING OR MAINTAINING THIS SITE HARMLESS FROM ALL CLAIMS BASED UPON COMMUNICATIONS OR MATERIALS MADE AVAILABLE BY YOU ON THE SITE.
17. Ponylabs Membership. We utilize email to communicate with our users about service-related matters. We may also contact you, via email or postal mail, to notify you about special offers available to Ponylabs members. By becoming a Ponylabs member you are consenting to the receipt of these communications. Ponylabs is an advertising supported Internet site. By becoming a Ponylabs member you consent to having your Content co-mingled with advertisements that appear on our site or are incorporated into the services we provide.
18. Third Party Sites, Products and Services. Ponylabs provides access and contains links to third party Internet sites and services that we believe may be of interest or benefit to our users. Your use of those sites and services is subject to the terms and conditions set by such site or service. We have no control over these 3rd parties and we are not responsible for their activities.
19. Reporting Content Violations. If you believe that any Content shown on or transmitted through Ponylabs violates these Terms or your copyright you can report such violation using the "Conatc Us" link on the bottom of each page. In the case of a copyright violation please provide the following information:
a. A description of the copyrighted work or other intellectual property that you claim has been infringed;
b. A description of where the material that you claim is infringing is located on the site (including the exact URL);
c. An address, a telephone number, and an e-mail address where we can contact you and, if different, an e-mail address where the alleged infringing party, if not Ponylabs, can contact you;
d. A statement that you have a good-faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;
e. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf;
f. Your electronic or physical signature.
It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove allegedly infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove both parties' Content.