Blue Horse Entries Terms of Service

Last Modified Oct 9, 2023

These Terms of Use apply to your use of any website, any subdomains thereof, interfaces, or any services provided by Blue Horse Entries, LLC (“BHE”, “we,” or “us”) to you (“Services”). Please read these Terms of Use carefully before using the Services. These Terms of Use, together with BHE’s Privacy Policy and any other agreement between you and BHE related to the Services (collectively, the “Agreement”) set forth the terms on which BHE agrees to provide the Services to you. By using the Services and/or interacting with BHE, either online or offline, you agree to be bound by the terms of the Agreement and agree that you have read and accepted these Terms of Use and BHE’s Privacy Policy. If you do not agree to all the terms and conditions of this Agreement, you should not and are not permitted to use the Services.

USE OF THE SERVICES

Permitted Uses. These Terms of Use permit you to use the Services for your personal, non-commercial use only. Notwithstanding the foregoing, parents and guardians shall be permitted to use the Services on behalf of their child, and persons expressly authorized to act on behalf of another shall be permitted to use the Services to act on behalf of any person for whom they are expressly authorized to act. The Services are intended for use by individuals in the United States over the age of eighteen (18). You acknowledge and agree that if you access the Services outside of the United States, you are solely responsible for ensuring compliance with the applicable laws and BHE makes no representation that your use of the Services will comply with laws outside of the United States.

Authorized Users. Only individuals over the age of eighteen (18) may use the Services or provide any information to BHE, including through the Services. You are only permitted to use the Services if you are at least eighteen (18) years old, are legally capable of forming a binding contract with BHE, and are not legally prohibited from using the Services.

Modifications to Services. The Services may change, and their form and functionality may change without notice or liability to you. BHE retains the right to create limits on and related to use of the Services in its sole discretion at any time with or without notice. BHE may also impose limits on certain aspects of the Services or aspects of those Services or restrict your access to all or part of the Services without notice or liability. BHE may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or BHE Content (as defined below). Access to Services. BHE reserves the right to withdraw, amend, or suspend the Services at any time, in BHE’s sole discretion, without notice. BHE shall not be liable for any reason if the Services, or any portion of the Services are unavailable at any time for any period. Accounts. There are two types of accounts you may create, a “Rider Account” or an “Organization Account” (collectively, an “Account”). To access or use some or all of the Services, you may be required to create an Account, which may include providing a username, password, or other identifier. When you create an Account, you must provide accurate information. The information you provide is subject to our Privacy Policy. In connection with your Account, you will be required to create a password. It is important that you keep your password confidential and that you do not share or disclose it with any third party. As the creator of an Account, you acknowledge and agree that you are solely responsible for maintaining the confidentiality of your account password and for all activity that occurs under your account. Each user of the Services (“User(s)”) is only permitted to create a single Account, unless otherwise expressly authorized by BHE. BHE has the right to disable any account, username, password or other identifier, whether chosen by you or provided by BHE, at any time in BHE’s sole discretion for any or no reason, including if, in BHE’s opinion, you have violated any provision of this Agreement.

Rider Accounts. You may use the Services to create a “Rider Account.” Rider Accounts are intended for individuals who wish to register themselves, their child, and/or a person for whom they are expressly authorized to act, for events posted through the Services. Rider Accounts permit the User to add the information of additional individuals under their account to enable them to use the Services to register multiple people. By adding additional individuals under their Rider Account, you represent and warrant that you are authorized to act on that individual’s behalf. In connection with a Rider Account, you may provide information about yourself, others, and/or animals you or others own (“Rider Information”). If you provide Rider Information about another person, you represent and warrant that you are authorized to provide such information on their behalf.
Organization Accounts. You may use the Services to create an “Organization Account.” Organization Accounts are intended for individuals, companies, business, or other organizations (“Organizers”) who are hosting an event, program, or other offering (“Event”) and wish to use the Services to upload, post, or otherwise provide information about the Event. Organizational Accounts require approval from BHE, and such approval is in BHE’s sole and exclusive discretion. When you create an Organization Account, you may be permitted to provide additional individuals access to the Organization Account. In connection with an Organization Account, you may provide information about yourself, your organization, or others (“Organization Information”). If you provide Organization Information about an organization or another person, you represent and warrant that you are authorized to provide such information on their behalf. Third-Party Services. The Services may include functionality that allows certain kinds of interactions between the Services and service(s) offered by a third party (“Third-Party Services”). You acknowledge that Third-Party Services may be subject to terms of use different from these (BHE’s) Terms of Use or other terms and you agree to comply with those terms. You further acknowledge and agree that BHE is not responsible for any Third-Party Services and BHE is not liable for the functionality or unavailability of any Third-Party Services. Prohibited Uses. You may not do any of the following while accessing or using the Services:
Preproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Services, including BHE Content, except that (i) your computer’s random access memory (RAM) may temporarily store such information and BHE Content; and (ii) your computer and web browser may store and cache files to enhance the functionality of the Services.
Access, tamper with, or use non-public areas of the Services, or the computer or delivery systems of BHE and/or its service providers;
Probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures;
Access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by BHE (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with BHE, or unless permitted by BHE's robots.txt file or other robot exclusion mechanisms;
Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring, harvesting, scraping or otherwise copying any of the material or information on the Services;
Use any process to monitor or copy any of the material available on or through the Services, including any Content, or for any other unauthorized purpose without our prior written consent;
Use any device, software or routine that interferes with the proper working of the Services;
Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer or database connected to the Services, including by soliciting passwords or personal information from any other person or by impersonating any other person or entity;
Scrape the Services, and particularly scrape Content (as defined below) from the Services, without BHE's express prior written consent;
Use the Services to defame another User or to make credible threats, hate speech, or otherwise degrade, shame or discriminate against another User.
Use the Services to exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
Use the Services in a manner that violates any applicable law or regulation;
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
To impersonate or attempt to impersonate BHE, a BHE employee, contractor, agents, licensors, suppliers, successors another User, or any other person or entity including without limitation, by using email addresses associated with any of the foregoing; and/or
Interfere with or disrupt (or attempt to do so), the access of any other User of the Services, host or network, including, without limitation, by sending a virus to, spamming, or overloading the Services, or by scripted use of the Services in such a manner as to interfere with or create an undue burden on the Services.

PRIVACY

Any information you provide to BHE or collected by BHE through your use of the Services is subject to BHE’s Privacy Policy, which governs our collection and use of your information. You understand that by using the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information. If you are providing information about or relating to another person, you represent and warrant that you are authorized to provide such information on their behalf. To access the Privacy Policy, please click here.

CONTENT, USER CONTENT, & TRADEMARKS

Definitions.

“Content” means a creative expression and includes, without limitation, video, audio, music, still or moving photographs, images, illustrations, animations, logos, tools, written posts, replies and comments, information, data, text, software, scripts, executable files, and graphics. Content shall not include Personal Information, Rider Information, or Organization Information as defined in the Privacy Policy.

“BHE Content” means all Content that BHE creates, uploads, submits, posts, or otherwise provides through the Services. BHE Content shall not include Submitted Content.

“Submitted Content” means all Content created, uploaded, submitted, posted, or otherwise provided by users of the Services in connection with their use of the Services, including any information about an Event.

“User Content” means all Content that you create, upload, submit, post, or otherwise provide in connection with the Services, including any information about an Event.

BHE Content. BHE, its licensors, or other providers of materials are the sole and exclusive owner of the Services, including the BHE Content, the features, functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof). The Services are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. No right, title, or interest in or to the Services, including any BHE Content, is transferred to you, and all rights not expressly granted in writing are reserved by the BHE.

User Content. By creating, uploading, submitting, posting, or otherwise providing User Content, you grant BHE, its affiliates, service providers, and each of BHE’s respective licensees, successors, and assigns, a non-exclusive, fully paid, worldwide, perpetual, irrevocable, transferable, sublicensable right to use, reproduce, modify, store, perform, display, distribute, and otherwise disclose to third parties the User Content, and any intellectual property rights included in or related to the User Content, for any purpose. User Content shall be considered non-confidential and non-proprietary. You understand and acknowledge that you are solely responsible for User Content, and you acknowledge and agree that BHE is not liable for the use or disclosure of User Content. You acknowledge and agree that BHE shall have the right to (1) remove or refuse to post any User Content for any or no reason in BHE’s sole discretion, and (2) disclose your identity or other information about you to any third party who claims that any User Content violates their rights, including their intellectual property rights or their privacy rights.

User Content Standards. You are solely responsible for ensuring all User Content complies with the terms of this Agreement and these User Content standards. User Content shall not:

Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
Intentionally include inaccurate information or be likely to deceive any person;
Promote any illegal activity, or advocate, promote, or assist any unlawful act;
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
Impersonate any person or misrepresent your identity or affiliation with any person or organization;
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter or advertising; and/or
Give the impression that they emanate from or are endorsed by the BHE or any other person or entity, if this is not the case. Trademarks. In connection with the Services, certain trademarks may be used or otherwise displayed. BHE is the owner of all rights in and to the name “Blue Horse Entries,” BHE’s logo, and all related names, logos, product and service names, designs and slogans. (“BHE Marks”). You are not permitted to use the BHE Marks, and by using the Services you do not acquire any rights in or to any of the BHE Marks. In connection with the Services, User Content may include the names, logos, product and service names, design, or slogans of third parties (“Third-Party Marks”). Third-Party Marks are the trademarks of their respective owners.

FEEDBACK

BHE welcomes and appreciates feedback and suggestions about your experience using the Services and ways to improve them. You understand that we might not respond to or implement feedback or suggestions, but if we do, you understand and agree that BHE may use all or any portion thereof in its sole discretion without notification or compensation to you. You acknowledge and agree that all feedback shall be considered User Content and shall be subject to the license grant set forth above. You may provide us with feedback using the contact information below.

EVENTS & REGISTRATIONS

The Services facilitate registration and payment for Events. You may be permitted to register for an Event, however BHE makes no representation or warranty that your registration or that the Event registration will be effectuated, or that you will be given a spot at the Event. The Organizer has ultimate control over an Event including the number of participants and the Organization’s payment and refund policies. You acknowledge and agree that you are solely responsible for confirming your registration with the Organizer of the Event.
If you are and Organizer and have an Organization Account, you may be permitted to use the Services to create Events. By creating an Event, you acknowledge and agree that you are responsible for all registrations submitted for the Event. If you create an Event through the Services, you agree to accept payment for Event Fees through BHE’s third-party payment vendor, Stripe, Inc.

PAYMENTS

If you choose to register for an Event through the Services, it may require payment of fees.

For registrations submitted through the Services, you will be charged a handling fee payable to BHE (“Handling Fee”). The Handling Fee is paid directly to BHE through BHE’s designated third-party payment vendor, Stripe, Inc. The Handling Fee is non-refundable and is due in full at the time the registration is submitted.

You may also be charged a fee in connection with the specific Event you are registering for (“Event Fee”). The Event Fee is not payable to BHE and is instead paid directly to the organization hosting, sponsoring, or otherwise providing the Event through Stripe, Inc. The Event Fee is due in full at the time the registration is submitted. All Event Fees are subject to the payment terms of the Organizer.

You may also be subject to third-party processing fees charged by Stripe, Inc.

BHE is not liable for any modifications to or refunds of Event Fees.

MODIFICATIONS TO TERMS OF USE

BHE reserves the right, in its sole discretion, to modify these Terms of Use at any time by posting a revised Terms of Use through the Services with an updated date. For changes that BHE determines to be significant, we will provide a banner notification on BHE’s website, where practical. You are responsible for reviewing and becoming familiar with any modifications to these Terms of Use. Modifications are effective when posted, and your use of the Services following any such posted modification and notice of same constitutes your acceptance of the terms and conditions of these Terms of Use as modified.

REPRESENTATIONS, WARRANTIES & INDEMNIFICATION

You represent and warrant to BHE that: (1) You own or control all rights in and to the User Content and you have the right to grant the use license you granted in Section 3.3 above to BHE, its affiliates, service providers, and each of BHE's respective licensees, successors and assigns; (2) the User Content does not violate, misappropriate or infringe on the rights of any third party including intellectual property rights, privacy rights or publicity rights; (3) the User Content complies and will comply with the terms of this Agreement, including the User Content Standards set forth below; (4) your use of the Services is for your personal use, or on behalf of someone for which you are expressly authorized to act, or on behalf of an organization for which you are expressly authorized to act; (5) if you are providing information on behalf of an organization or another person, you are expressly authorized to provide such information on their behalf; (6) you will only use the Services as expressly permitted under this Agreement and not for the purpose of commercializing or monetizing the Services directly or indirectly; and (7) you will use the Services in a professional manner, will treat other Users with respect. You agree to indemnify and hold harmless BHE, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including, without limitation reasonable attorneys’ fees) arising out of or relating to your breach of any of the representations and warranties set forth in this Agreement.

If you create an Event through the Services, you agree to indemnify and hold harmless BHE, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including, without limitation reasonable attorneys’ fees) arising out of or relating to the Event.

DISCLAIMER OF WARRANTIES

Your access to and use of the Services or any BHE Content is at your own risk. YOU UNDERSTAND AND AGREE THAT THE SERVICES, BHE CONTENT, AND SUBMITTED CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, BHE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. BHE makes no representations or warranties of any kind with respect to the Services, including any representation or warranty that the use of the Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system, service or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, or (d) be free of viruses or other harmful components. BHE also makes no representations or warranties of any kind with respect to BHE Content, Submitted Content, or any other Content available through the Services. BHE is not responsible the accuracy of any Submitted Content. No advice or information, whether oral or written, obtained from BHE or through the Services, will create any warranty not expressly made herein.

RELEASE FROM LIABILITY

General Release. You release, to the fullest extent permitted by law, BHE, its affiliates, and its and their respective directors, officers, shareholders, employees, representatives, consultants, agents, suppliers, and/or distributors from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any of the following:

Disputes between users of the Services, including any disputes between you and another user;
Your use of Third-Party Services, including content found on or in connection with such Third-Party Services;
Any claim resulting from your use of the Services in a manner inconsistent with the terms of this Agreement;
Unauthorized access to your account by a third party, or any use of the Services under your account;
Your reliance on the BHE Content, Submitted Content, or other Content made available through the Services;
The cancellation or any change to any Event including those for which you registered through the Services;
The acceptance or rejection of any Event or registration you submit for any Event; and/or
Your participation in any Event for which you register for or participate in related to your use of the Services.

Release for Equestrian Related Activities. You acknowledge and agree that the events, programs, or other offerings for which you may be able to register for and/or participate in related to your use of the Services may include activities, such as Equestrian Related Activities, which are inherently dangerous and involve risks that may cause serious injury and in some cases death. “Equine Related Activities" include, but are not limited to: riding, shows, fairs, competitions, clinics, club activities, racing, touring, transporting, grooming, handling, boarding, inspecting, training, teaching, performances, lessons, hunts, trainings, displays, or parades that involve any equine(s) regardless of how informal or impromptu the activity. You acknowledge that an equine may, at any time, act or fail to act, without warning or any apparent cause, in a manner that may cause a rider, spectator, or related person to fall, be thrown, pinned, jolted, or otherwise impacted resulting in serious injury or death. You hereby release, to the fullest extent permitted by law, BHE its affiliates, and its and their respective directors, officers, shareholders, employees, representatives, consultants, agents, suppliers, and/or distributors from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any Equestrian Related Activities.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BHE, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS SHALL NOT BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF: PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR USER USING THE SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT BHE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF BHE AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS, FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID TO US IN THE PRECEDING TWELVE (12) MONTH PERIOD.

MISCELLANEOUS

Modifications & Entire Agreement. This Agreement, as modified from time to time, constitutes the entire agreement between you and BHE with respect to the subject matter hereof. This Agreement supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof and constitutes the entire and exclusive agreement between the parties.

Limitation on Time to File Claim. ANY CAUSE OF ACTION OR CLAIM THAT YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE COMMENCED WITHIN SIXTY (60) DAYS AFTER THE CAUSE OF ACTION ACCRUED, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED AND WAIVED. Waiver. Except as expressly provided herein, the failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

No Assignment. This Agreement is not assignable, transferable, or sublicensable by you except with BHE's prior written consent. BHE may assign this Agreement in whole or in part at any time without your consent.

Relationship of Parties. No agency, partnership, joint venture, or employment is created as a result of this Agreement, and you do not have any authority of any kind to bind BHE in any respect whatsoever. Notices. Any notice to BHE that is required or permitted by this Agreement shall be in writing and shall be deemed effective upon receipt, when delivered in person by nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid, to:

BLUE HORSE ENTRIES, LLC Attn: Megan V.S. Ferryman P.O. Box 4112 Maryville, TN 37802

Governing Law & Jurisdiction. This Agreement shall be governed by and interpreted according to the laws of the State of Tennessee. You agree that any and all disputes, claims, and causes of action arising out of or connected with this Agreement shall be brought in the state and district courts of the State of Tennessee and you hereby consent to the personal jurisdiction and venue of the courts in Knoxville, Tennessee, expressly waive any objection to such jurisdiction and venue. TO THE EXTENT PERMITTED BY LAW, YOU HEREBY WAIVE THEIR RIGHT TO JURY TRIAL ON ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS AGREEMENT AND CONSENT TO THE SUBMISSION OF ALL ISSUES OF FACT AND LAW ARISING FROM THIS AGREEMENT TO THE JUDGE OF A COURT OF COMPETENT JURISDICTION AS OTHERWISE PROVIDED FOR ABOVE.

DMCA COPYRIGHT POLICY

BHE has adopted the following policy toward copyright infringement on the Services in accordance with the Digital Millennium Copyright Act (the “DMCA”). The address of BHE's Designated Agent for copyright takedown notices (“Designated Agent”) is listed below. For clarity, only copyright infringement notices should go to our Designated Agent.

BLUE HORSE ENTRIES, LLC Attn: Megan V.S. Ferryman P.O. Box 4112 Maryville, TN 37802 Email: contactus@bluehorseentries.com

If you believe that Content residing or accessible on or through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent:

Identification of the work or material being infringed.
Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that BHE is capable of finding it and verifying its existence.
Contact information for the notifying party (the “Notifying Party”), including name, address, telephone number and e-mail address.
A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed. After removing material pursuant to a valid DMCA notice, BHE will immediately notify the User responsible for the allegedly infringing material that it has removed or disabled access to the material. BHE reserves the right, in its sole discretion, to immediately terminate the Services of any User who is the subject of repeated DMCA notifications.

If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with BHE by providing all of the following information to the Designated Agent:

The specific material that BHE has removed or to which BHE has disabled access.
Your name, address, telephone number, and e-mail address.
A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or the federal district courts located in Knoxville, Tennessee if your address is outside of the United States), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
Your signature.

Upon receipt of a valid counter-notification, BHE will forward it to the Notifying Party who submitted the original DMCA notification. The original Notifying Party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If BHE does not receive any such notification within ten (10) days, we may restore the material to the Services.

CONTACT INFORMATION

If you have any questions or concerns regarding use of the Services, please contact us at: contactus@bluehorseentries.com.