TERMS OF SERVICE
Description of Services / Disclaimer
Pony4precious.org offers users the opportunity to purchase a share of Winston the pony located at Blue Mountain Ranch in Buckeye Arizona for a loved one. While anyone can own a part of Winston and there are unlimited shares that can be sold. The purchaser receives a certificate, 1- 8×10 glossy picture and a letter from Cowboy Mike and Winston, (another package can be purchased) and permanent share of Winston as long as Winston is alive. Winston will be maintained by Pony4precious.com.
Pony4precious.com is a private registry service and is not affiliated with any governmental entities or educational institutions. The Service provided by Pony4precious.com is limited to the purchase of a package you chose with a certificate, 1- 8×10 glossy picture of Winston, and permanent share of Winston with Pony4precious.com maintained by Pony4precious.com.
You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.
License and Site Access
Pony4precious.org grants you a limited license to access and make personal use of the Site and the Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site or the framing of any Content available through the Site; uploading, posting, or transmitting any content that you do not have a right to make available (such as, but not limited to, the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose(in Pony4precious.com sole discretion) an unreasonable or disproportionately large load on Pony4precious.com infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Pony4precious.com to prevent or restrict access to the Site. Any unauthorized use by you shall immediately terminate the permission or license granted to you by Pony4precious.org
The Site and Services are not available to minors under the age of 18 without written parents’ consent or to any users suspended or removed from the system by Pony4precious.com for any reason. Additionally, you are prohibited from selling, trading, or otherwise transferring your Pony4precious.org account to another party. If you do not qualify, you may not use the Pony4precious.com Service or the Site.
In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or and the state of Arizona. You also agree to provide true, accurate, current, and complete information about yourself as prompted by the Site’s registration form. If you provide any information that is untrue, inaccurate, not current, or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Pony4precious.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Pony4precious.com has the right to suspend or terminate your account and refuse any and all current or future use of the Site and Services (or any portion thereof). You are responsible for maintaining the confidentiality of your account information and password, and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account or password if this is offered one day on the site. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify Pony4precious.com immediately of any unauthorized use of your account or any other breach of security. Pony4precious.com reserves the right to refuse service, terminate accounts, or remove or edit content at any time in its sole discretion.
Description of Pony4precious.org Products, and Services
Pony4precious.org provides users with a simple way to order a Symbolic Adoption share of Winston a pony on Pony4precious.org. This is a fun time that you and your kids can say we own part of a pony for a very low cost. You do not have the rights, or any say about the pony. This is just a one Symbolic Adoption share of Winston that millions of Symbolic Adoption shares will be sold to people across the USA and international markets and be part of a Winston or a pony family.
By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, “Unsolicited Information”) to Pony4precious.com through the Site or other social media, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide any Unsolicited Information through the Site. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. Pony4precious.org, or any of its affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, Pony4precious.com and its affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you are granting Pony4precious.org a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.
Disclaimer of Warranty
YOU ACKNOWLEDGE AND AGREE THAT THE SITE, SERVICES, CONTENT AND ALL PRODUCTS PURCHASED VIA THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NONE OF THE PONY4PRECIOUS.COM OWNER AND AFFILIATE PARTIES GUARANTEES THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE SITE, SERVICES, CONTENT OR PRODUCTS PURCHASED VIA THE SITE. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THIS SITE, ITS SERVER, OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE SITE, SERVICES, CONTENT AND ALL PRODUCTS PURCHASED BY YOU VIA THE SITE IS ASSUMED SOLELY BY YOU. WE DO NOT MAKE ANY, AND HEREBY SPECIFICALLY DISCLAIM, ANY AND ALL, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, SERVICES, CONTENT OR THE PRODUCTS PURCHASED VIA THE SITE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE, SERVICES, CONTENT OR PRODUCTS PURCHASED VIA THE SITE IS TO STOP USING THE SITE AND SERVICES.
Pony4precious.org attempts to be as accurate as possible with products descriptions and prices. However, Pony4precious.org does not warrant that product descriptions or prices are accurate. In the event that a product is listed at an incorrect price or with incorrect information due to typographical error, Pony4precious.com shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. Pony4precious.org shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card has been charged. Refunds will be made in case of any cancellation due to Pony4precious.org.
100% MONEY BACK GUARANTEE FOR 90 DAYS for the date of purchase. You purchase a share of Winston and are not satisfied or no happy with the recipient of the gift after ordering we will refund you the full purchase price, less freight cost. The customer is responsible to return all packages back to Pony4precious.org. Once Pony4precious.org has received the return gifts Pony4precious.org will credit back you packages you ordered less freight. Once you received credit back you will have no access to your log on in the Pony4precious.org web site or receive any updates emails.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PONY4PRECIOUS.ORG, MICHAEL (COWBOY MIKE) EASTWOOD, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (EACH, A “COVERED PARTY”) SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SITE, CONTENT, SERVICES OR PRODUCTS PURCHASED VIA THE SITE. ANY DAMAGES ARISING FROM ANY OF THE ABOVE SHALL BE LIMITED TO A REFUND OF THE USER’S PURCHASE, IF ANY, ON THE SITE.
You agree to indemnify, defend, and hold the Covered Parties harmless from any claim or demand, including reasonable attorneys’ fees, or arising out of or related to your breach of this TOS, your use of the Site or Services, or your violation of any law or the rights of a third party.
When you use the Site or send emails to Pony4precious.org, you are communicating with Pony4precious.org electronically. You consent to receive communications from Pony4precious.org electronically. Pony4precious.org will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The Site or third parties may provide links to other World Wide Web sites or resources. Because Pony4precious.org has no control over such sites and resources, you acknowledge and agree that Pony4precious.org is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Pony4precious.org shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Access to Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
Modification and Notification of Changes
Intellectual Property Rights
The trademarks, logos, and service marks (“Marks”) displayed on the Site are the property of Pony4precious.org, Michael (Cowboy Mike) Eastwood and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of Pony4precious.org or such third party which may own the Marks. All information and content available on or through the Site, including, without limitation, any software programs, (“Content”) is protected by copyrights, trademarks, trade secrets, patents or other proprietary rights and is the property of Pony4precious.org. You agree to comply with all intellectual property laws, and you shall not encumber any interest in, or assert any rights to, the Content. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.
Procedure for Claims of Intellectual Property Infringement
Pony4precious.org respects the intellectual property of others, and we ask our users to do the same. Pony4precious.org may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Pony4precious.org Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
- a description of the copyrighted work or other intellectual property that you claim has been infringed.
- a description of where the material that you claim is infringing is located on the Site.
- your address, telephone number, and email address.
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Pony4precious.org agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Pony4precious/Blue Mountain Ranch
231 N Marina St
Prescott, Arizona 86301
Pony4precious.org may update this mailing address from time to time. You agree that changes to this mailing address shall not constitute a modification to this TOS for the purposes of Section 12.
Survival of Terms After Agreement Ends
Notwithstanding any other provisions of this TOS, or any general legal principles to the contrary, any provision of this TOS that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this TOS.
Pony4Precious.org has rule and regulation on how the board of directors will award a scholarship to an applicant. The applicant must fill out the form on the Pony4precious.org website. The applicant must do the project that is required on the Pony4precious.org website. There is no guarantee that if you apply for a scholarship, you will be awarded and money by the board of directors. The board of directors each year will decide how much money they will award by the donations they receive in a year and how many applicants that want to award. The scholarship award can be different amount that are awarded to applications as Pony4precious.org has no set amount on each one that is award, it is based on the board of directors and what they want to offer per application. There are to categories for scholarships. If you are in high school and applying, the winners will not be awarded until June that that scholarship year. (See the rules on the Pony4precious.org website under scholarship.) All other applicants that apply that are already attending college can be awarded a scholarship by the board of directors, this can be any time if the year and based on the support and donations the Pony4Precious.org charity has received in a year. The applications that are awarded a scholarship they money will be send direct to the college, university, or the school you chose. There will be no direct check awarded to the applicant direct. If the applicant does not attend any college, university, or school, in 12 months after being awarded a scholarship the money will go back to the general fund of Pony4precious.org for another applicant to be awarded. All terms and conditions can be changed from this scholarship program for the Pony4precious.org board of directors at any time without any notice, posting, emails, paper ads or the website.
Pony4precious.org offers a free book program to children and the only books offered are published by Cowboy Mike. Pony4precious.org is working with Cowboy Mike. The board of directors have established a goal to offer 2500 free books per calendar year. Cowboy Mike’s books that are published are the only books they support in this program. The number of books is based on how many donations Pony4precious.org received in a calendar year to support this program. Contact Pony4precious.org to learn more about the free book program. Cowboys Mike’s are Copywrite, and anyone must have approval to use the Cowboy Mike and Winston trade name or copy rights.
If you have any questions regarding your order, our policies, or anything else please do not hesitate to contact us here.