The following terms and conditions govern all use of the HorseSchoolsOnline.com website and all content, services and products available at or through the website. The Website is owned and operated by Thoroughweb Press. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by representatives of Thoroughweb Press (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Thoroughweb Press, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
Your HorseSchoolsOnline.com Account and Page. If you create a school page on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You must not describe or assign keywords to your school listing in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Thoroughweb Press may change or remove any descriptions that it considers inappropriate or unlawful, or otherwise likely to cause Thoroughweb Press liability. You must immediately notify Thoroughweb Press of any unauthorized uses of your school page, your account or any other breaches of security. Thoroughweb Press will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. Members of every website come and go and HorseSchoolsOnline is no different. When a member who has access/editing privileges to a school page leaves or disengages from a website/project/employer, in whole or in part, we ask that they do so in a way that minimizes disruption to the website. This means they should tell Thoroughweb Press they are leaving and take the proper steps to ensure that others can pick up where they left off. If you open a member account, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You must immediately notify Thoroughweb Press of any unauthorized uses of your account or any other breaches of security. Thoroughweb Press may change or remove any comments, messages, or descriptions that it considers inappropriate or unlawful, or otherwise likely to cause Thoroughweb Press liability. Thoroughweb Press will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors. If you operate a school page, comment on a school page, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
the Content is not pornographic, libelous or defamatory (more info on what that means), does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
your school page is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods;
your school page is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your school’s name is not the name of a person other than yourself or company other than your own; and
you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Thoroughweb Press or otherwise.
By submitting Content to HorseSchoolsOnline.com for inclusion on your school page, you grant Thoroughweb Press a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your school page. If you delete Content, Thoroughweb Press will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Thoroughweb Press has the right (though not the obligation) to, in Thoroughweb Press’s sole discretion (i) refuse or remove any content that, in Thoroughweb Press’s reasonable opinion, violates any Thoroughweb Press policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Thoroughweb Press’s sole discretion. Thoroughweb Press will have no obligation to provide a refund of any amounts previously paid.
Fees and Payment. Optional premium paid services such as feature ads, banner ads, and video uploads are available on the Website. By selecting a premium service you agree to pay Thoroughweb Press the monthly or annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly or annual period as indicated. Premium service fees are not refundable.
Responsibility of Website Visitors. Thoroughweb Press has not reviewed, and cannot review, all of the material, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Thoroughweb Press does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Thoroughweb Press disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Code of Conduct. This code of conduct covers your behavior as a member of HorseSchoolsOnline in any forum, mailing list, wiki, website, IRC channel, or private correspondence. Representative of Thoroughweb Press will arbitrate in any dispute over the conduct of a member of HorseSchoolsOnline. HorseSchoolsOnline members always treat one another with respect. Everyone can make a valuable contribution to HorseSchoolsOnline through school pages, school pages’ comments sections, and the forum. We may not always agree, but disagreement is no excuse for poor behaviour, personal attacks, or lieing about a person/institution. We expect members of HorseSchoolsOnline to be respectful when dealing with each other.
Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material made available through the websites and webpages to which HorseSchoolsOnline links, and that link to HorseSchoolsOnline. Thoroughweb Press does not have any control over those non-HorseSchoolsOnline websites and webpages, and is not responsible for their contents or their use. By linking to a non-HorseSchoolsOnline website or webpage, Thoroughweb Press does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Thoroughweb Press disclaims any responsibility for any harm resulting from your use of non-HorseSchoolsOnline websites and webpages.
Copyright Infringement and DMCA Policy. As Thoroughweb Press asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by HorseSchoolsOnline violates your copyright, you are encouraged to notify Thoroughweb Press. Thoroughweb Press will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Thoroughweb Press or others, Thoroughweb Press may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Thoroughweb Press will have no obligation to provide a refund of any amounts previously paid to Thoroughweb Press.
Intellectual Property. This Agreement does not transfer from Thoroughweb Press to you any Thoroughweb Press or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Thoroughweb Press. Thoroughweb Press, HorseSchools.net, HorseSchoolsOnline.com, and all other trademarks, service marks, graphics and logos used in connection with HorseSchoolsOnline.com, or the Website are trademarks or registered trademarks of Thoroughweb Press. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Thoroughweb Press or third-party trademarks.
Changes. Thoroughweb Press reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Thoroughweb Press may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination. Thoroughweb Press may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your HorseSchoolsOnline.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a School Page account, such account can be terminated by Thoroughweb Press if it is found out that you don’t operate a horse school as defined on the school sign up page or if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Thoroughweb Press’s notice to you thereof; provided that, Thoroughweb Press can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties. The Website is provided “as is”. Thoroughweb Press and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Thoroughweb Press nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability. In no event will Thoroughweb Press, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Thoroughweb Press under this agreement during the twelve (12) month period prior to the cause of action. Thoroughweb Press shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Indemnification. You agree to indemnify and hold harmless Thoroughweb Press, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Miscellaneous. This Agreement constitutes the entire agreement between Thoroughweb Press and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Thoroughweb Press, or by the posting by Thoroughweb Press of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in El Dorado County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in El Dorado County, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Thoroughweb Press may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
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