Please read and understand this entire agreement! If you do not agree with these Terms of Use, please exit this website now!
1. General
This Agreement governs your use of the HorsesByNet.com Discussion Forums ("Forums") which are operated by IMC Digital Universe, Inc. ("IMC").
HBN reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published on the Forums. Your continued use of the Forums constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by HBN as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease use of the Forums.
2. Use of Content
You acknowledge that the Forums contain information, software, photographs, audio and video clips, graphics, links and other material (collectively, the "Content") that are protected by copyright, trademark or other proprietary rights of HBN or third parties. All Content on the Forums is copyrighted as a collective work of HBN pursuant to applicable copyright law. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Forums.
You may post on the Forums any Content owned by you (such as your original statements), Content for which you have received express permission from the owner, and Content in the public domain (collectively, "User Content") and you assume all risk for determining whether any such User Content is in the public domain. You grant to HBN the irrevocable right to edit, copy, publish, distribute, translate and otherwise use in any medium (whether now known or hereafter discovered), any User Content that you place on the Forums, without compensation to you. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentence.
You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any Content, in whole or in part, except as otherwise expressly permitted in this Agreement.
3. Rules of Conduct
You shall not post on the Forums any User Content which:
(a) is libelous, defamatory, obscene, pornographic, profane, abusive, harassing or threatening,
(b) contains viruses or other contaminating or destructive features,
(c) violates the rights of others, such as User Content which infringes any copyright, trademark, patent, trade secret or any other intellectual property right or which violates any right of privacy or publicity,
(e) violates any laws regarding unfair competition, or
(e) otherwise violates any applicable law.
You may not post on the Forums any links to any external Internet sites that are obscene or pornographic, or sites that compete with HBN. You shall not use the Forums for any commercial purpose or to distribute any advertising or solicitation of any kind.
4. Managing Content
HBN is not responsible for and assumes no liability with respect to the Content posted by users on the Forums. However, HBN reserves the right to delete, move or edit any Content that it may determine, in its sole discretion, violates this Agreement or is otherwise unacceptable. HBN may also modify or remove Content for no reason or at the request of a third party. HBN shall have the right, but not the obligation, to correct any errors or omissions in any Content, as it may determine in its sole discretion. You shall remain solely responsible for all Content you submit to HBN.
5. No Endorsement
HBN does not represent or endorse the accuracy or reliability of any Content posted in any Forum and you acknowledge that any reliance upon such Content shall be at your sole risk. Any Content placed in any Forum by users are the views of the user posting the statement, and do not represent the views of HBN.
The Forums may contain links to sites on the Internet which are owned and operated by third parties (the "External Sites"). You acknowledge that HBN is not responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
6. Indemnity
You agree to indemnify, defend and hold HBN and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the "HBN Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) incurred by any HBN Party in connection with any use or alleged use of the Forums under your password by any person, whether or not authorized by you. HBN reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with HBN's defense of such claim.
7. Termination Of Access Or Service
HBN reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Forums at any time for any reason without prior notice or liability. Without limiting the preceding sentence, your access to the Forums will be suspended, in appropriate circumstances, if you post materials that infringe the intellectual property rights of others. HBN may change, suspend or discontinue all or any aspect of the Forums at any time, including the availability of any feature, database, or Content, without prior notice or liability.
8. Disclaimer Of Warranties; Limitation Of Liability
HBN DOES NOT WARRANT THAT THE FORUMS WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES HBN MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE FORUMS OR THE CONTENT. THE FORUMS AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. HBN DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE FORUMS, ANY CONTENT OR ANY PRODUCTS MENTIONED IN THE FORUMS. NEITHER HBN NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE FORUMS WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATING OR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE FORUMS AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.
NEITHER HBN, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE FORUMS EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states may not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. Some states may also not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. In such states, the liability of HBN, third party content providers and their respective agents shall be limited to the greatest extent permitted by law.
9. Governing Law
This Agreement will be governed and construed in accordance with the laws of the State of California without giving effect to principles of conflict of laws. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. HBN's failure to act with respect to a breach by you does not waive HBN's right to act with respect to subsequent breaches.
10. Agreement to Arbitration
Any dispute arising from your use of the Forums shall be submitted to binding and confidential arbitration under rules of the American Arbitration Association in the County of San Diego, State of California. Any award issued in such arbitration may be entered and enforced as a judgment in any court of competent jurisdiction.
11. Entire Agreement
This Agreement sets forth the entire understanding and agreement of the parties as to the subject matter of this Agreement.
I am authorized to, and do, agree to the terms and conditions of the HBN Forums Legal Agreement.
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