Terms Of Use
PLEASE READ THE FOLLOWING TERMS OF USE
AND DISCLAIMERS CAREFULLY BEFORE USING HORSE EXPOSURE. By accessing or
using Horse Exposure, you agree to these terms of use, conditions, and
all applicable laws. If you do not agree to these terms you may not use
Horse Exposure.
1. Acceptance of Terms
Horse
Exposure provides a community based classified ad service, referred to
hereafter as "the Service") subject to the following Terms of Use
("TOU"). By using the Service in any way, you are agreeing to abide by
the TOU. In addition, when using particular Horse Exposure services,
you agree to comply with any applicable posted guidelines for all Horse
Exposure services, which may change from time to time. Should you
oppose to any term or condition of the TOU, any guidelines, or any
subsequent modifications thereto or become dissatisfied with Horse
Exposure in any manner, your only recourse is to immediately
discontinue use of Horse Exposure. We reserve the right, at our
exclusive discretion, to change, modify or otherwise change these terms
and conditions at any time. Such modifications shall become effective
immediately upon the posting thereof. You must review this agreement on
a regular basis to keep yourself aware of any changes.
2. Content
You
understand that all postings, messages, text, files, images, photos,
video, sounds, or other materials ("Content") posted on, transmitted
through, or linked from the Service, are the sole responsibility of the
person from whom such Content originated. More specifically, you are
entirely responsible for each individual item ("Item") of Content that
you post, email or otherwise make available via the Service. You
understand that Horse Exposure does not control, and is not responsible
for Content made available through the Service, and that by using the
Service, you may be exposed to Content that is offensive, indecent,
inaccurate, misleading, or otherwise objectionable. Furthermore, the
Horse Exposure site and Content available through the Service may
contain links to other websites, which are completely independent of
Horse Exposure. Horse Exposure makes no representation or warranty as
to the accuracy, completeness or authenticity of the information
contained in any such site. Your linking to any other websites is at
your own risk. You agree that you must evaluate, and bear all risks
associated with, the use of any Content, that you may not rely on said
Content, and that under no circumstances will Horse Exposure be liable
in any way for any Content or for any loss or damage of any kind
incurred as a result of the use of any Content posted, emailed or
otherwise made available via the Service. You acknowledge that Horse
Exposure does not pre-screen or approve Content, but that Horse
Exposure shall have the right (but not the obligation) in its sole
discretion to refuse, delete or move any Content that is available via
the Service, for violating the letter or spirit of the TOU or for any
other reason.
3. Limitation of Liability
In no
event will horse exposure be liable for any damages whatsoever,
including, but not limited to any direct, incidental, consequential,
special, exemplary or other indirect damages, arising out of (1) the
use of or inability to use the site, the service, or the content, (2)
any transaction conducted through or facilitated by the site; (3) any
claim attributable to errors, omissions, or other inaccuracies in the
site, the service and/or content, (4) unauthorized access to or
alteration of your transmissions or data, or (5) any other matter
relating to the site, the service, or the content, even if the horse
exposure has been advised of the possibilities of such damages. If you
are dissatisfied with the site, the service, the content, or the terms
of use, your sole and exclusive remedy is to discontinue using the
site. Due to some states that do not allow the exclusion or limitation
of liability for consequential or incidental damages, some of the above
limitations may not apply to you. In such states, horse exposure's
liability is limited and warranties are excluded to the greatest extent
permitted by law. The Horse Exposure site and its Content available
through the Service may contain features and functionalities that may
link you or provide you with access to third party content which is
completely independent of Horse Exposure, including web sites, products
or services, and the Internet as a whole. Your interactions with
organizations and/or individuals found on or through the Service,
including payment and delivery of goods or services, and any other
terms, conditions, warranties or representations associated with such
dealings, are solely between you and such organizations and/or
individuals. You should make whatever investigation you feel necessary
or appropriate before proceeding with any online or offline transaction
with any individual or party. You agree that horse exposure shall not
be responsible or liable for any loss or damage of any sort incurred as
the result of any such dealings. If there is a dispute between
participants on this site, or between users and any third party, you
understand and agree that horse exposure is under no obligation to
become involved. In the event that you have a dispute with one or more
other users, you hereby release Horse Exposure, its officers,
employees, and agents in rights from claims, demands and damages
(actual and consequential) of every kind or nature, known or unknown,
suspected and unsuspected, disclosed and undisclosed, arising out of or
in any way related to such disputes and / or our service.
4. Conduct
You
agree to abide by all applicable local, state, International and
International laws and regulations regarding your use of our
service. You agree to not place ads regarding adult services,
products, or containing adult content in any shape or form. You
further agree to not place ads which contain slanderous or
derogatory comments or content. Classified ads that violate these
terms of service and/or our spam policy will be deleted and your
account will be closed without warning and without refund.
You agree not to post, email, or otherwise make available Content:
a)
that is unlawful, harmful, threatening, abusive, harassing, defamatory,
libelous, invasive of another's privacy, or is harmful to minors in any
way;
b) that is pornographic or depicts a human being engaged in actual sexual conduct;
c)
that harasses, degrades, intimidates or is hateful toward an individual
or group of individuals on the basis of religion, gender, sexual
orientation, race, ethnicity, age, or disability;
d) that
impersonates any person or entity, including, but not limited to, a
Horse Exposure employee, or falsely states or otherwise misrepresents
your affiliation with a person or entity (this provision does not apply
to Content that constitutes lawful non-deceptive parody of public
figures.);
e) that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
f)
that constitutes or contains "affiliate marketing," "link referral
code," "junk mail," "spam," "chain letters," "pyramid schemes," or
unsolicited commercial advertisement;
g) that constitutes or
contains any form of advertising or solicitation if: posted in areas of
the horse exposure sites which are not designated for such purposes; or
emailed to horse exposure users who have not indicated in writing that
it is OK to contact them about other services, products or commercial
interests.
h) that includes links to commercial services or web sites, except as allowed in "services";
i)
that advertises any illegal service or the sale of any items the sale
of which is prohibited or restricted by any applicable law, including
without limitation items the sale of which is prohibited or regulated
by California law.
5. No Spam Policy
You
understand and agree that sending unsolicited email advertisements to
Horse Exposure email addresses or through Horse Exposure computer
systems, which is expressly prohibited by these TOU. Any unauthorized
use of Horse Exposure computer systems is a violation of the TOU and
certain federal and state laws, including without limitation the
Computer Fraud and Abuse Act (18 U.S.C. ยง 1030 et seq.), Section 502
of the California Penal Code and Section 17538.45 of the California
Business and Professions Code. Such violations may subject the sender
and his or her agents to civil and criminal penalties.
6. Disclimer
Horse
Exposure makes no warranties or representations about the accuracy or
completeness of this Site's content or the content of any site or
External Sites. Horse Exposure does not filter advertisements or other
content that children may view through our sites or "hot-linked" sites,
and they could receive content and materials from the Internet and/or
advertising that are inappropriate for children. We encourage parents
and guardians to spend time online with their children and to consider
using an electronic filtering software.
THIS SITE AND THE
MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING,
WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND
WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE
FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HORSE EXPOSURE
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND
WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
HORSE EXPOSURE DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS
CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HORSE
EXPOSURE DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE
USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS,
CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR
OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
7. Indemnification
You
agree to indemnify, defend, and hold Horse Exposure, its officers,
affiliates, successors, directors, officers, agents, suppliers and
employees, harmless from and against any losses, expenses, damages and
costs, including reasonable attorney fees and court costs, made by any
third party due to or arising out of Content you submit, post or make
available through the Service, your use of the Service, your violation
of the TOU, your breach of any of the representations and warranties
herein, or your violation of any rights of another.
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