Welcome to the Horse App hosted by Horse, Inc. (hereafter also referred to as “Horse,” “we” and “us”). Please review the following terms and conditions concerning your use of and access to the Horse website located at www.horsetheapp.com, mobile application and any services offered therefrom (collectively referred to hereafter as, the “App”). By accessing, using, subscribing, purchasing or downloading any materials or content from the App, you agree to follow and be bound by the following terms and conditions (the “Terms & Conditions”) and any other terms and conditions embodied any other agreements you enter into with us. If you do not agree with the Terms & Conditions, you may not use the App.
We reserve the right to change the Terms & Conditions at any time by posting an updated version to this web page to reflect those changes. Changes to the Terms & Conditions may arise for a variety of reasons, including without limitation, changes in market conditions affecting our business, technology or our business model, relevant laws and regulatory requirements, and our systems. You agree to periodically review the Terms & Conditions from time to time to take notice of any changes we make, as they are binding on you. Continued access or use of our App shall be deemed conclusive evidence of your acceptance of any modified terms or conditions.
Subject to and conditional upon your compliance with the Terms & Conditions and other agreements between you and Horse (including any payment terms), Horse hereby grants to you a limited, reversible, non-exclusive, personal, non-sublicensable, non-transferable, non-assignable license to use certain software applications and platforms accessible through the App/Service (collectively, Horse Software). Horse reserves all other rights in Horse Software not expressly granted to you in the Terms. You may not use Horse Software in any manner that could: (i) damage, disable, overburden, or impair the software application or platform (or any server or networks connected thereto), or (ii) interfere with any third party's use and/or enjoyment of the software application or platform (or any server or networks connected thereto).
Except as expressly specified in the Terms & Conditions, you may not: (a) copy or modify the Horse Software; (b) transfer, sublicense, lease, lend, rent or otherwise distribute Horse Software to any third party; or (c) use the Horse Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Terms & Conditions. You acknowledge and agree that portions of the Horse Software, including, without limitation, the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of Horse and its licensors. Accordingly, you agree not to disassemble, decompile or otherwise reverse engineer any components of the Horse Software provided in object code or any other Horse products or services, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition.
In order to utilize certain services offered by the App, you may need to create a customer account. You agree to (a) create only one account; (b) provide accurate, truthful, current and complete information when creating your account; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your username or password with others and restricting access to your account and your computer; (e) promptly notify us if you discover or otherwise suspect any security breaches relating to the App or your account; and (f) take responsibility for all activities that occur under your account and accept all risks of unauthorized access. Users cannot delete their account once created. However, Users may be able to remove certain information included on their personal profiles at any time.
You understand that when using the App and Service, you will have access to or otherwise be exposed to User Content from a variety of sources, and that Horse is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Horse with respect thereto, and agree to indemnify and hold Horse, its successors, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the App.
It is further acknowledged and understood that the App may provide features and functionalities that facilitate interactions between users. Your interactions with other parties found on or through the App and Service are solely between you and such other parties. In that connection, you should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline game or transaction with any other user or third party organization and/or individual found on or through the Service. Despite our efforts to ensure that information on the App is complete, accurate and current, certain information on the App may be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on our App. We reserve the right to amend the App/Service without warning. Unless otherwise agreed to by us in writing, all features, content, specifications, products, services, and, as applicable and services described or depicted on the App are subject to change at any time without notice.
You are solely responsible for the content of any submission you make to the App. Such content shall include, without limitation, text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service ("User Content") for the purpose of hosting, sharing, displaying or publishing such User Content ("posting") via the App. Without limiting the foregoing, for purposes of clarification, User Content shall include any and all content made available through the App by its users.
You shall be solely responsible for your own User Content and the consequences of posting them. In connection with your own User Content, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable the inclusion and use of the User Content by Horse and these Terms & Conditions; (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in each item of the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by Horse and these Terms & Conditions, and (iii) you hereby acknowledge that Horse is not able to return to you any copies of User Content submitted by you or provide you an option to download any User Content that you create with the App and you do hereby release Horse from any and all liability for loss or other damage to any copies of User Content. You understand that we do not guarantee any confidentiality with respect to any User Content you submit and once you upload User Content on the Service, you will be sharing such content with other users of Horse’s Services and they may be able to use and share such User Content to Others. You further agree that User Content you submit to the App shall not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have the permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Horse all of the licenses granted herein.
By submitting the User Content on the App, you hereby grant to Horse a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, modify, prepare derivative works of, display, and perform the User Content in connection with the App and its (and its successors’ and affiliates’) business, including, without limitation, for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. In that connection, you hereby waive any moral rights you may have in respect of any alteration of modification of any item of User Content by Horse. Horse’s non-exclusive rights in and to User Content as described in this subparagraph shall continue in perpetuity unless and until you shall remove such User Content from your account or profile or otherwise cancel your account. You also hereby grant each user of the App a non-exclusive license to access your User Content through the App, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the App and under these Terms & Conditions.
You further agree that you will not submit to the App any User Content or other material that is contrary to the Horse Community Guidelines, which may be updated from time to time, or contrary to applicable local, state, national, and international laws and regulations. When filming videos of yourself, your friends, classmates, or other minors, remember that your videos should never be sexually suggestive, violent, or dangerous.
By creating an account with us, you acknowledge and agree that you are solely responsible for maintaining the confidentiality of your account information (including without limitation, username and password). You must treat your username and password, and any other security details, as confidential, and not disclose it to any other person. You must also prevent unauthorized access to your account. In addition, you must: (a) log off from your account at the end of each session on our App and (b) notify us immediately of any unauthorized use of your username and password or any other breach of security. You agree to accept responsibility for all activities that occur under your account.
We have the right to suspend or close any account with us and block your use of our App or Service if you have failed to comply with any part of the Terms & Conditions (as determined by us in our sole discretion). You are responsible for ensuring that any and all persons you authorize to use your account with us are aware of the Terms & Conditions, and that they fully comply with them. We reserve the right to refuse to provide access to the App or to provide the Service, to any person or organization for any reason. You may only use the App and Service for your own lawful purposes. It is your obligation to comply with all applicable state, federal and international laws.
In consideration of being allowed to use our App, you agree that the following actions shall constitute a material breach of these Terms & Conditions:
You must be at least 17 years old to use the App or Service. We do not accept users who are under the age of 17. By using the App or Service or submitting any inquiries, orders or information to us, you represent and affirm that you are at least 17 years old.
The App may contain links to other websites which may be of interest to you. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the linked website and/or the content and materials found at the linked website, except as specifically stated otherwise by us. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature. We do not accept responsibility for those Apps. Accessing any such links from our App to gain access to other websites is at your own risk.
Except where expressly stated otherwise, Horse or its licensors, is the owner or the licensee of all intellectual property rights located on the App, in the materials published or otherwise made available on the App and through the Service. Those works, marks or inventions are protected by copyright, patent and trademark laws and treaties around the world and may not be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, unless expressly permitted by us. Except where expressly provided otherwise by us, nothing on our App may be construed to confer any license or ownership right in or materials published or otherwise made available through our App or our Services, whether by estoppel, implication, or otherwise. All rights not granted to you in these terms are reserved.
All users of the App represent and warrant they shall comply with all applicable copyright laws. In the event we receive proper notification of claimed copyright infringement, the response to such notice may include removing or disabling access to material claimed to be the subject of infringing activity and possibly terminating your account and/or the right to use our App. If you believe any material on our App constitutes an infringement of a copyright you own, you may file a notice of infringement to the contact identified below. A user who materially misrepresents that material is infringing will be liable for the costs incurred by us and our associated persons, including attorney fees. Accordingly, if you are uncertain whether you are or you represent the proper copyright holder or if copyright laws protect the subject materials, you are strongly advised to consult a qualified attorney at your own expense. Any copyright infringement notification must be a written communication, transmitted by regular mail, setting forth the following:
(i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) detailed identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Copyright Infringement Notifications should be addressed as follows:Horse, Inc. 1128 7th Street, #205 Santa Monica, CA 90403
xcept where provided for in a separate agreement with Horse, no agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by the Terms & Conditions. Without limiting the foregoing, except as expressly set forth herein, Horse is not acting and does not act as an agent for any user or visitor of the App or Service.
YOU AGREE THAT YOUR USE OF THE APP SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY US, THE APP AND SERVICE ARE PROVIDED "AS IS," AND ARE FOR USE SOLELY AS CONTRACTED HEREIN. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH THEREIN, WE HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO OUR APP AND OUR SERVICES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND QUALITY OF OUR PRODUCTS AND SERVICES EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. WE MAKE NO REPRESENTATIONS, GUARANTIES OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE APP OR SERVICE AND/OR MATERIALS ASSOCIATED WITH THE APP OR SERVICE, OR THE RESULTS YOU MAY OBTAIN BY ACCESSING OR USING THE APP, SERVICE AND/OR MATERIALS ASSOCIATED THEREWITH. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE APP OR SERVICE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; (B) THE QUALITY OF SERVICES, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN THROUGH THE APP WILL MEET YOUR REQUIREMENTS; OR (C) THE PRODUCTS, SERVICES, MATERIALS, OR THE SYSTEMS THAT MAKE THE APP OR SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT WE DO NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE APP, SERVICE AND/OR MATERIALS ASSOCIATED THEREWITH MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. HORSE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR PRODUCTION OF USER CONTENT AND YOUR ACCESS TO AND USE OF OUR SERVICES.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF HORSE, OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS, EXCEED $500.00. IN NO EVENT SHALL HORSE OR THE THIRD PARTY PROVIDERS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY, PERSONAL INJURY OR PROPERTY DAMANGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR PRODUCTION OF USER CONTENT AND ACCESS TO AND USE OF OUR SERVICES, AND/OR FOR LOSS OF DATA, CONTENT, IMAGES, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THESE TERMS & CONDITIONS, INCLUDING BUT NOT LIMITED TO THE ACCESSING OR USE OF, OR INABILITY TO USE, THE APP AND THE SERVICE THEREWITH INCLUDING BUT NOT LIMITED TO THE DOWNLOADING OF ANY MATERIALS, REGARDLESS OF CAUSE, WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR THE THIRD PARTY PROVIDER HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY IN THE EVENT OF CUSTOMER'S BREACH, OR RELATED TO ITS INDEMNITY OBLIGATIONS. THIS PARAGRAPH SHALL NOT AFFECT THE RIGHTS LISTED BELOW IN THE SECTION TITLED “INDEMNIFICATION.” YOU SPECIFICALLY ACKNOWLEDGE THAT HORSE SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING ENTIRELY RESTS WITH YOU.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS HORSE, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING, BUT NOT LIMITED TO ALL ATTORNEYS’ FEES CHARGED TO HORSE, RESULTING FROM (I) YOUR USE AND ACCESS TO THE APP; (II) ANY VIOLATION OF THE TERMS & CONDITIONS BY YOU OR ANY OTHER PERSON ACCESSING THE APP OR SERVICE ON YOUR BEHALF; (III) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; OR (IV) ANY CLAIM THAT YOUR USER CONTENT CAUSED DAMAGE TO A THIRD PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION SHALL SURVIVE THESE TERMS AND CONDITIONS AND YOUR USE OF THE APP.
Shall a conflict or contradiction exist between these Terms & Conditions and any others which relate specifically to a particular section of the App, the specific terms relevant to that section shall prevail.
Any provision of the Terms & Conditions found to be unenforceable will not void nor effect other provisions of this agreement.
Any and all claims relating to or arising out of your use of the App, including any services offered by or transactions consummated via the App, shall be governed by the laws of the State of California and litigated in the County of Los Angeles in the State of California. Any disputes, actions, claims or causes of action arising out of or in connection with these Terms & Conditions or the App shall be subject to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California
This notice is for users of the App residing in the State of California. Please be advised that the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be reached by mail at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (800) 952-5210.
You may not assign these Terms & Conditions without the prior written approval of Horse. Any purported assignment in violation of this section shall be void. Horse reserves the right to use third party providers in the provision of the App and Service. In the event of any litigation of any controversy or dispute arising out of or in connection with these Terms & Conditions, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys' fees and expenses, court costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute. Any and all rights not expressly granted herein are reserved by Horse.
Please feel free to contact us with any comments, questions or suggestions you might have regarding the App. You may contact us at: email@example.com Terms & Conditions last modified on September 20, 2014.