Description of Service
These Terms of Services are applicable to all users of an online media services and content distribution Services and community providing Services to through its website video streaming Services located under www.scottbrashquestrian.co.uk/training domains, sub domains, and mobile and desktop applications & TV (individually and collectively the “Services”). These Terms govern your use of the Scott Brash Training, including all functionalities, features, Streaming Services, audio, visual, written media, PDF, Website links and user interfaces, and all content and software associated with the Services as provided by Scott Brash Training Ltd (referenced hereafter as “Scott Brash Training”).
Acceptance and Changes to Terms
Scott Brash Training shall have the right, at its sole discretion, to modify, add, or remove any terms or conditions of these Terms of Service without notice or liability to you. Any changes to these Terms of Service shall be effective immediately following the posting of such changes. You agree to review these Terms of Service from time to time and agree that any subsequent use by you of the Services following changes to these Terms of Service shall constitute your acceptance of all such changes.
Access and Use of Service
Users registering for the Services and uploading User Generated Content must be at least eighteen (18) years of age or have permission from a parent or guardian. By accessing or using the Website, you acknowledge that you are 18 years of age or older or have permission from your parent or guardian to access the Website and Services. Scott Brash Training makes no claims that the Services may be lawfully accessed in any specific location. Access to the Services may not be legal by certain persons or in certain states or certain countries, or may require government authorisation or registration. When you access the Services you are solely responsible for compliance with the laws and regulations of your jurisdiction.
Disclaimer And Limitations Of Liability
Horses, horse activities and horse training can be extremely dangerous. Do not attempt any of the training demonstrations or advice received from Website or received through any of Scott Brash Training's products or Services without proper supervision, safety equipment and proper facilities.
Neither Scott Brash Training, its employees, agents, sponsors, or producers of the horse training videos, articles, and other visual or written material are liable or responsible for any injury, injuries, or loss (including but not limited to persons, horses, property and third party subjects) that may be sustained based on use of the exercises, demonstrations, or advice for horse and horse training activities contained on this Website or in any visual or written material produced by Scott Brash Training. If you are not comfortable with any of the exercises, demonstrations, advice, or activities contained on this Website or in any of Scott Brash Training's products or services, then do not attempt it.
In no event shall Scott Brash Training, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website; (ii) any conduct or content of any third party on the Website; (iii) any content obtained from the Website; and (iv) unauthorised access, use or alteration of a User’s transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not Scott Brash Training has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
You agree to defend, indemnify and hold harmless Scott Brash Training and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) use and access of the Website, by a Subscriber, a Visitor, or any person using a Subscriber’s or Visitor’s account and password, or b) a breach of these Terms.
The User’s use of the Website and Services is at the User’s sole risk. The Website is provided on an “AS IS” and “AS AVAILABLE” basis. The Website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Scott Brash Training, its subsidiaries, affiliates, and its licensors do not warrant that a) the Website will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Website is free of viruses or other harmful components; or d) the results of using the Website will meet a user’s requirements.
Insurance
You agree that you are have sole agreement for your own insurance, the insurance of your horse and public liability insurance. While Scott Brash Training has endeavoured to make all services as safe as possible, you are aware that accidents can happen. You agree that Scott Brash Training is indemnified against any insurance claims in relation to accidents suffered while using these services.
Your Conduct
The Services may be used only for lawful purposes relating to streaming and related materials. Scott Brash Trining specifically prohibits any use of the Services, and all users agree not to use the Services, for any purposes other than designated by Scott Brash Training.
You are prohibited from violating or attempting to violate the security of the Services, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorised to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this Services, overloading, "flooding", "spamming", "mailbombing" or "crashing", (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, (e) scraping or harvesting data or (f) the use of robots to skew payouts.
Violations of system or network security or inappropriate conduct may result in civil or criminal liability. Scott Brash Training will investigate occurrences that may involve such violations and may involve, and cooperate with law enforcement entities in prosecuting users who are involved in such violations.
User Information
You are solely responsible for the information you input or upload to the Services, and warrant and represent you have the right and authorisation to register for the Services and post User Generated Content. Scott Brash Training reserves the right in its sole discretion to decide whether the information you input or upload is appropriate and complies with the Terms of Service, other Company policies, and applicable laws and regulations.
If you register for the Services, you will be asked to provide certain information including a valid email address. You warrant and represent that all such information is current and accurate, and will be kept up-to-date.
Your privacy rights are set forth in our Privacy Policy.
Scott Brash Training reserves the right to offer further Scott Brash Training or third party services and products to you based on the preferences that you identify in your registration and at any time thereafter, unless you opt-out of receiving third party services and products.
Username/Password/Security
You are responsible for maintaining the confidentiality of your information as it relates to the Services, including your username and password, and are responsible for all uses of your username and password whether or not authorised by you. If you wish to have someone else use your device, it is important you always log out so no other individual will have access to your content.
You agree to immediately notify Scott Brash Training of any unauthorised use of your username and password.
Use of Services
The Services are offered only for video streaming and related materials and is only a conduit for video streaming and related materials.
Each user is solely responsible for deciding whether the Services offered are suitable for your own purposes and whether the Services match your needs.
Scott Brash Training grants you a limited, non-exclusive license to access and use the Services for your own personal and non-commercial purposes. This includes rights to view content on Scott Brash Training’s website and applications.
If you elect to access any component of the Services for which there is a fee, you agree to pay all fees and charges associated with your account on a timely basis. All such fees and charges (including any taxes and late fees, as applicable) will be charged on your credit card. Each user agrees to maintain valid credit card information as part of your account information when applicable.
Access to Services – Subscriptions & Purchases
The Services may allow you to access digital content on a pay per view basis, subscription basis, rent, or purchases. The basis on which digital content is available on the Services will be indicated on the product detail page for which you may purchase the digital content. Subject to your payment of any applicable fees, purchases, subscriptions, rent or pay per view, Scott Brash Training grants you a non-exclusive, non-transferrable, personal, non-sub licensable, limited right and license to view the video stream based upon the applicable fees, purchases, subscriptions, rent or pay per view selected by you.
Scott Brash Training reserves the right to remove the website, or delete any content at any time without notice or justification. Any purchases will be honoured for a minimum of one year, or a full refund will be given.
Scott Brash Training makes no guarantees as to the resolution and quality of your digital content when streaming. The quality and speed of your stream of digital content has many different variables, including your connection speed, location, download speeds, devices, player and bandwidth.
Payments & Billing
The digital content available under specific payment plans, including pay per view, subscription, membership, or rent will change from time to time at the sole discretion of Scott Brash Training. Scott Brash Training makes no guarantee as to the availability of a specific payment plan.
By purchasing a payment plan, you expressly agree that we are authorised to charge your selected payment plan on the Payment Method you designate. You can update or change this information at anytime by logging into your video library, and clicking the settings tab under the username.
Receipts are sent once the charge is successful to the registered email account. Your subscription will continue in effect unless and until you cancel your subscription or we terminate it. You must cancel your payment plan according to the terms of that specific plan prior to the next charge in order to avoid billing.
RETURN POLICY: As all of our products are digital they are deemed "used" after download or opening. This unfortunately means Scott Brash Training has a strict no refund policy in regards to dissatisfaction with product.
Quality of Service
The quality of the display of the Services may vary from device to device, and may be affected by a variety of factors, such as location or available bandwidth available through an Internet connection. HD, Ultra HD and HDR availability is subject to the Internet service and device capabilities. Not all content is available in all formats, such as HD, Ultra HD and HDR, and not all broadband or mobile plans allow you to receive content in all formats.
Intellectual Property
Scott Brash, Scott Brash Training and any other Company trademarks and trade names, and any variations thereof, are and shall remain the trademarks and trade names and exclusive property of Scott Brash Training, and any unauthorised use of such trademarks and trade names is prohibited.
The Services (including without limitation all programs, complied binaries, interface layout, interface text, documentation, resources and graphics) is the sole and exclusive property of Scott Brash Training and is protected by copyright, trademark, and other intellectual property common and statutory laws of the United Kingdom and all other countries.
You agree that Scott Brash Training owns and retains all rights to the Services and that is content is solely owned and controlled by the content provider and all such material are protected and copyrighted, trademarked and protected by copyright, trademark, and other intellectual property common and statutory laws of the United Kingdom and all other countries.
You may not sell or modify the Services content or the Services, or reproduce, display, publicly perform, distribute, or otherwise use the Services in any way for any purpose.
Copyright and Trademarks
The Services and their design including, but not limited to; text, graphics, illustrations, images and video and the selection and arrangement thereof and software are copyright of Scott Brash Training. The trademarks depicted on this Services are the property of Scott Brash Training and they retain all rights in such trademarks. Any photography and music associated with the Content are supplied and used under the correct license. All rights are reserved and reproduction of part or all of the contents of this site is prohibited other than in accordance with the permissions below:
It is forbidden to download, reproduce, retransmit, copy or in any way use the video and audio elements of Scott Brash Training except where permitted or specifically authorised and agreed in advance.
It is forbidden to copy, duplicate, download any and all video content on Scott Brash Training or upload and distribution to any video sharing website such as YouTube, Facebook, Instagram, TikTok, Twitter and any other known of or yet to be created video sharing site.
It is permitted only for non-commercial private purposes only without making any gain and that you will not permit any other person or persons to use the Services. You must keep your password secure and never share passwords or other access codes with anyone or make them accessible to others. You will not copy, record or store all or any part of the Services.
Personal Use Only
The Services and any content viewed through the Services are for your personal and non-commercial use only and may not be shared with individuals beyond your household. During your membership we grant you a limited, non-exclusive, non-transferable right to access the service and view our content. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.
User Comments and Suggestions
While Scott Brash Training values user feedback, please be specific in your comments and do not submit creative ideas, inventions, or suggestions.
If, despite our request, users send creative ideas, inventions, or suggestions, all such submission shall be the property of the Scott Brash Equestrian in whole or in part. Scott Brash Equestrian shall own exclusively all now known or later discovered rights to the submissions and shall be entitled to unrestricted use of the submissions for any purpose whatsoever, commercial or otherwise, without compensation to users or any other third party.
No part of the submissions shall be subject to any obligation of confidence and Scott Brash Equestrian shall not be liable for any use or disclosure.
Use of Software
If the Services require or include downloadable software such as an app, or use of software provided byScott Brash Training for Publishers, Scott Brash Training grants a personal, limited, non-exclusive and nontransferable license to use the Software, all portions thereof, all documentation, and all updates (individually and collectively the “Software”) only for the purposes relating to video streaming and related activities through www.scottbrashequestrian.co.uk... not modify, alter, create derivative works, decompile, reverse engineer, disassemble, include in other software, translate the Software, or use the Software for any other purpose.
Users shall not copy, reproduce, transmit, rent, lease, resell, sublicense, assign, distribute or otherwise transfer the Software or this license.
This License does not allow users to use the Software on any device that the user does not own or control, and user may not distribute or make the Software available over a network where the Software could be used by multiple devices at the same time.
Users agree that the Software, including the specific design and structure, constitute proprietary and confidential information, trade secrets and/or intellectual property of Scott Brash Training. You agree not to disclose, provide, or otherwise make available such proprietary and confidential information, trade secrets or copyrighted material in any form to any third party, or use the proprietary and confidential information, trade secrets or copyrighted material for your own benefit or for the benefit of any third party.
Users acknowledge and agree that use of the Software may require Scott Brash Training to acquire user’s mobile phone number and perhaps additional such information in order to obtain access Software.
Users agree that Scott Brash Training may collect and use technical data and related information that is gathered periodically to facilitate the provision of updates, product support and other services. Scott Brash Training may use this information, as long as it is in a form that does not personally identify a user.
Scott Brash Training shall have the right, and you agree, that in its sole discretion and with reasonable posted notice and/or sent to your email address, to revise, automatically update, or otherwise modify the Software, at any time. Users continued use of the Software constitutes acceptance of and agreement to such changes.
This License is effective until terminated the user or Scott Brash Training at its sole discretion. User’s rights under this license will terminate automatically without notice if user fails to comply with any terms of this License. Upon termination, user shall cease all use of the Software and delete all versions of the Software possessed by the user.
The warranty and limitation of liability provisions set forth below apply also to the use of the Software.
Warranty Disclaimers
The services are provided "as is" and “as available”, with all faults and without warranty of any kind, and company hereby disclaims all warranties and conditions with respect to the services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights.
Scott Brash Training does not warrant that the services will meet user requirements or be of benefit, that the operation of services will be uninterrupted or error-free, or that the services are free of computer viruses or other harmful mechanisms. Should the licensed application or services prove defective, the company is not responsible for those costs associated with the need for servicing or replacing equipment or data.
Scott Brash Training makes no warranties about the accuracy, reliability, completeness or timeliness of the services or user generated content offered or any other content accessed through the services.
The transmission of data or information including communications by e-mail over the internet or other publicly accessible networks is not secure, and is subject to possible loss, interception or alteration while in transit. Accordingly, Scott Brash Training does not assume any liability for any damage users may experience or costs users may incur as a result of any transmissions over the internet or other publicly accessible networks, such as transmissions involving the exchange of e-mail. In no event will such data or information be deemed to be confidential, create any fiduciary obligations on the company’s part, or result in any liability to you in the event that such information is inadvertently released or accessed by third parties without consent.
Scott Brash Training takes no responsibility whatsoever for the information you have uploaded to the services and shall not be responsible or liable for the deletion, correction, destruction, damage, or loss of such information, or failure to store any of such information. Nor is the company responsible for loss of information through the action of any third party or because of circumstances beyond the company’s control. All users are expected to have their own backup of all of their information.
To the fullest extent permissible under applicable law, the user understands and agrees that neither Scott Brash Training nor any of its affiliates or subsidiaries, or any of their respective directors, officers, employees, partners, representatives, contractors or agents shall be liable for any direct, indirect, incidental, special, consequential, punitive, exemplary or any other damages relating to or resulting from use of the services or from any actions Scott Brash Training takes or fails to take. These include but are not limited to damages for errors, omissions, interruptions, defects, delays, computer viruses, lost profits, loss of data, business interruption, unauthorised access to and alteration of transmissions and data, bodily injury, emotional distress, injury to any horse and other tangible and intangible losses. This limitation applies regardless of whether the damages are claimed under the terms of a contract, as the result of negligence or otherwise, and even if advised of the possibility of such damages. Scott Brash Training’s maximum liability arising out of or in connection with this services or use of the services, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), will not exceed the amount, if any, paid for the services.
Scott Brash Training is not responsible for deletion or loss of files or information uploaded to the services. all users are expected to have their own backup of all files and information uploaded to the services.
Indemnification
Users agree to defend, indemnify, and hold harmless Scott Brash Training and its subsidiaries, affiliates, officers, directors, employees, agents, representatives, and partners, harmless from and against any loss, liability, claim, action, or demand, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of the services; (ii) any user generated content or communications, or (iii) your breach of the terms of this agreement.
Data Protection
These Terms apply to the handling of personal data ('Personal Data'). The terminology used in this Data Protection Document is equivalent to the European Union General Data Protection Regulation (EU 2016/679). Scott Brash Training has the right to change these terms if it is justified because of changes in the legislation or in the interpretation of the legislation or in the changes of the Scott Brash Training’s business or operational environment.
Controller and Processor of the Personal Data
Scott Brash Training will process the personal data and the personal data register to be formed as the processor of the personal data. Scott Brash Training remains the actual processor.
The purpose of the personal data register is to enable:
The collection of the data of persons having registered to the events arranged by Scott Brash Training to the extent that is necessary to arrange the event;
Processing the data produced by any eventual surveys;
Analysis of the data described above to the extent theScott Brash Training defines within the limits of the legislation.
Personal Data Collection
Scott Brash Training collects and files the data pertaining to a specific event as defined by Scott Brash Training in accordance with the policy drafted on the processing of personal data. This information may be the name, contact details and if needed, age, gender and other data necessary to register, participate and pay for the services. The data related to the events are handled for a period of time defined by Scott Brash Training.
Data Filing
The Personal Data is removed at the latest upon the end user's request or the termination of the agreement unless the Personal Data is necessary to be filed for a longer period for example due to payment transfers, other reasons pertaining to Scott Brash Training’s legitimate benefit or required by legislation. Scott Brash Training may file and use during the processing and afterwards the data produced by means of anonymisation to develop their operations and products. Anonymisation means editing the data in a way that persons cannot be identified from it by any measure.
Rights to your data
Scott Brash Training has the right to check on your Device that you have the right to use the Service. Scott Brash Training will not check any other information than allowed by these Terms.
When You use the Service, cookies will be saved as recognition information on your Device. The Service cookies include the session recognition key. The purpose of the cookies is to recognise you. The data that will be produced when You use the Service is called 'Log Data’. You accept that the Service includes functionalities that analyse and send Log Data to Scott Brash Training and save the Log Data. This kind of Log Data are 1) Personal information given in the Service or uploaded by the Company on your behalf and the location data and personal data created in the Service; 2) All data produced by your use, concerning e.g. your viewing behaviour.
Scott Brash Training has Access to the personal data you have given in the Service. You will give Scott Brash Training and its subcontractors the right to access, save, analyse and amend your Log Data and target the advertising and marketing in the Service.
Your Log Data can be located outside the EEA if You use the Service outside the EEA. Scott Brash Training has the right to utilise your Log Data also for the technical and commercial development of the Service, other products and other services as well as to remedy errors.
If You cancel your acceptance or do not give Scott Brash Training the Service needs, Scott Brash Training may be unable to offer You the Service partially or as whole.
When using the Service, You accept that the safety of the data transferred via the data network cannot be guaranteed. Scott Brash Training is not liable for any damages related to the Log Data or other data you transfer to Scott Brash Training via the data network.
Communications
By using the Services you consent to receive electronic communications from Scott Brash Training. These communications will include, emails about account, password, access, marketing, transactional and other information related to the Services and to your account.
Joint Venture
Nothing in this Agreement is intended to create or will be construed as creating a joint ventures, partnership, employer/employee or principal and agent relationship between users and Scott Brash Training.
Ending Access and Removing Content
We reserve the right to, without notice and for any reason deemed appropriate by us:
terminate your access to the Services;
remove any information or other content from the Services;
prevent access to the Services by you or any other user or group of users; or
intercept, remove or alter any content stored on the Services.
Exercise of these rights will not prejudice or affect our accrued rights, claims or liabilities under this policy. The provisions of this policy dealing with intellectual property, privacy and consequences of termination survive the exercise of these rights and may be enforced at any time.
Governing Law and Disputes
The Service is provided in accordance with UK law and any disputes shall be dealt with by the English courts. You irrevocably consent to the exclusive jurisdiction of the courts located in the United Kingdom in connection with any action arising out of or related to these Term of Service and waive any objection based on lack of personal jurisdiction, place of residence, improper venue forum non-convenience in any such action.
If any court having competent jurisdiction holds any provision of this Terms of Service invalid or unenforceable in any respect, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of this Terms of Service shall continue in full force and effect.
The failure or delay of either party to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect that party’s right to later enforce or exercise it, unless such party issues an express written waiver, signed by a duly authorised representative.
You may not assign these Terms of Service or any of your rights or obligations hereunder.
Except as expressly specified herein, this Agreement shall create rights and obligations only between Scott Brash Training and each individual user and it does not create any rights for any other parties.
Force Majeure
Scott Brash Training shall not be liable for delays, defects or damages that are caused by factors due to an impediment beyond the Scott Brash Training’s reasonable control, which Scott Brash Training cannot reasonably be deemed to have taken into account at the time of the conclusion of the Agreement and the consequences of which Scott Brash Training could not reasonably have avoided or overcome. Such events of force majeure shall include, without being limited to, natural disasters, unusual weather conditions, fire, earthquakes, terrorist attacks, breakdown of electricity or networks, failures in the internet and other public networks or data traffic, security attacks, strikes and other labor disputes or acts of government or authorities. A labor dispute shall be considered a force majeure event also if Scott Brash Training is the target or a party to such an action. The force majeure events suffered by subcontractors shall also be deemed as force majeure events.
Notices
Any notices related to the Service must be made in writing such as by e-mail. Scott Brash Training may effectively make notifications to you in the user interface of the Service. You guarantee that your contact details are up to date.
All Terms
These Terms cover all terms of use of the Service and replace all previous written or oral offers, agreements, negotiations, marketing material and other intentions between you and Scott Brash Training concerning the subjects of these Terms.
Contact point
Scott Brash Training is part of Scott Brash Training Ltd.
E-mail: pr@scottbrash.com