Horse Illustrated Magazine

ACCEPTANCE OF TERMS

This Terms of Use agreement sets forth the terms and conditions for using the HorseChannel.com website and other I-5 Publishing LLC websites, which include www.i5publishing.com and other I-5 Publishing-operated websites corresponding to I-5 Publishing’s various publications. This Terms of Use agreement constitutes a legally binding agreement between you and HorseChannel.com. Please read this agreement carefully before using HorseChannel.com, registering for any services offered by HorseChannel.com, making any purchases, or activating any account with HorseChannel.com

By using HorseChannel.com, you agree that you have read the Terms of Use agreement, understand it and agree to be bound by its terms and conditions, as we have the right to amend at any time and post on the HorseChannel.com and other I-5 Publishing Websites. Your use of the HorseChannel.com signifies your agreement to these Terms of Use. Likewise, your continued use of HorseChannel.com after revisions have been posted indicates your acceptance of such revisions.

PRIVACY
Your use of HorseChannel.com is governed by the I-5 Publishing Privacy Policy, which is incorporated by reference. You agree to I-5 Publishing’s collection, use and sharing of your information as set forth in the Privacy Policy.

CHILDREN
We do not permit children under 13 to register for services, like our discussion forums without express written consent from their parent or guardian, also known as a COPPA release form. We encourage parents or guardians to supervise Internet activity of all children under 18. Click here for more information on the Children’s Online Privacy Protection Rule (COPPA).

PROPRIETARY RIGHTS
HorseChannel.com and therefore its parent I-5 Publishing LLC owns all rights, title and interest in and to the material appearing on the HorseChannel.com Website, including, without limitation, all marks, graphics, images, layouts, presentation, page headers, button icons, typefaces, trade names, trade dress, logos, content, website design, data compilations, and text, which are protected by copyright, trademark, trade dress and other intellectual property laws. Any use of HorseChannel.com’s trademarks, trade dress or copyrighted materials without our express permission is strictly forbidden.

PERMITTED USE
Your accessing and viewing of HorseChannel.com is only for your personal, non-commercial use. Aside from page caching and the downloading of a single copy of HorseChannel.com for your own personal, non-commercial use, no other uses are permitted.

USER CONDUCT
HorseChannel.com offers a number of activities and opportunities for interaction, which include but are not specific to chat areas, message boards and/or email functions. Prior to participation, we require users to register and provide a username, password and email address. Because of the public nature of the activities on this website, we recommend that you exercise discretion in the type of information you decide to post in our activities. We have no control over the privacy practices of any community user. Likewise, we have no control over the content posted by the users of the activities on this website and cannot ensure that the content will not be objectionable or offensive. Objections to content can be made to InternetSupport@i5publishing.com. Although we have no obligation to monitor content, we reserve the right to delete or edit content from any of the activities on this website at any time for any reason.

By participating in the activities on this website, you agree that you will not post any content that:

1. Is vulgar, obscene, profane, sexually oriented, harassing, hateful, threatening, abusive, slanderous, defamatory or invades the privacy of any third party;
2. Is offensive on the basis of race, ethnicity, gender, age, disability, sexual orientation or religion;
3. Violates any rights of any third party, including patent, trademark, trade secret, copyright, right of publicity, moral rights, or other proprietary rights, or any laws;
4. Does not relate to the subject matter of the activities on this website for which you have registered;
5. Contains any viruses, worms or other components intended to provide unauthorized access to third party data or disrupt or damage the functioning of computer hardware, software or telecommunications equipment;
6. Constitutes spam, unsolicited advertising, chain letters or any form of gambling or lottery;
7. Is commercial in nature including, but not limited to any advertising content.

By posting content to any of the activities on this website, you automatically assign to HorseChannel.com and I-5 Publishing all rights, title and interest in and to such content and grant HorseChannel.com and I-5 Publishing the right to use your name or identifying information in connection with such posted content. Although we have no obligation to monitor content, we reserve the right to delete or edit content that you may have submitted at any time for any reason.

USER RESPONSIBILITIES
It is solely your responsibility to keep your account information and password secure. Do not disclose your account information, including password to anyone that you have not authorized to use your account. You assume all liability from the use of HorseChannel.com from any users that use your account. You agree to notify HorseChannel.com immediately of any unauthorized account use or security breach. HorseChannel.com and I-5 Publishing LLC disclaims all liability arising from your failure to keep your account information and password secure.

DISCLAIMER
HORSECHANNEL.COM AND ALL OTHER I-5 PUBLISHING LLC WEBSITES AND RELATED SERVICES ARE PROVIDED “AS IS” AND WITHOUT EXPRESS OR IMPLIED WARRANTY. WE DISCLAIM ALL WARRANTIES AS TO THE OPERATION OF HORSECHANNEL.COM, THE CONTENT, INFORMATION MADE AVAILABLE ON THIS SITE, AND GOOD OR SERVICES PURCHASED THROUGH THIS SITE. TO THE EXTENT PERMITTED UNDER LAW, WE DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULR PURPOSE TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, I-5 PUBLISHING LLC DOES NOT WARRANT THAT USE OF HORSECHANNEL.COM AND OTHER I-5 PUBLISHING LLC WEBSITES WILL BE UNINTERRUPTED, SECURE, OR FREE FROM ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF HORSECHANNEL.COM AND OTHER I-5 PUBLISHING LLC WEBSITES IS SOLELY AT YOUR RISK.

THIRD-PARTY WEBSITES LINKED TO OR FROM HORSECHANNEL.COM ARE NOT CONTROLLED BY I-5 PUBLISHING. I-5 PUBLISHING LLC EXPRESSLY DISCLAIMS RESPONSIBILITY FOR THE CONTENT ON THIRD-PARTY WEBSITES. YOU IRREVOCABLY WAIVE ANY CLAIM AGAINST HORSECHANNEL.COM AND I-5 PUBLISHING REGARDING SUCH THIRD-PARTY WEBSITES AND CONTENT.

LIMITATION OF LIABILITY
HORSECHANNEL.COM AND I-5 PUBLISHING LLC SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF OR THE INABILITY TO USE HORSECHANNEL.COM AND OTHER I-5 PUBLISHING LLC WEBSITES OR SERVICES AVAILABLE IN CONNECTION THEREWITH. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES SHALL OUR LIABILITY TO YOU IN CONNECTION WITH USE OF HORSECHANNEL.COM AND ALL OTHER I-5 PUBLISHING LLC WEBSITES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE HORSECHANNEL.COM AND OTHER I-5 PUBLISHING LLC WEBSITES.

INDEMNIFICATION
You agree to indemnify and hold HorseChannel.com and I-5 Publishing LLC and its subsidiaries, affiliates, partners, directors, officers, employees, agents and representatives harmless from and against any claim or demand, including attorney fees and costs, made by any third party arising out of your use of the HorseChannel.com, and content you may have posted, any violation of any third party rights, any violation of the Terms of Use, or any violation of any other law.

GENERAL
These Terms of Use and the relationship between you and HorseChannel.com shall be governed by the laws of the State of California without regard to its conflict of law provisions. Any action relating to these Terms of Use will be brought exclusively in the federal or state courts located in Los Angeles, California, and you consent to the personal jurisdiction of such courts. No failure or delay by HorseChannel.com and I-5 Publishing LLC in exercising any right under these Terms of Use will operate as a waiver thereof. The invalidity or unenforceability of any provision of these Terms of Use will not affect the validity or enforceability of any other provision, all of which will remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of HorseChannel.com or these Terms of Use must be filed within one year after such claim or cause of action arose or be permanently barred. The section titles in these Terms of Use are for the convenience of the parties only and have no legal or contractual effect. These Terms of Use, including the Privacy Policy and the Forum Agreement incorporated herein by reference, represent the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. You shall not assign your rights or obligations hereunder without I-5 Publishing’s prior written consent.

CLAIMS OF INFRINGEMENT OF COPYRIGHT MATERIAL
HorseChannel.com and I-5 Publishing LLC respects the intellectual property rights of others and we expect our users to do the same. If you believe that material posted on the HorseChannel.com infringes your copyright, please provide a written notification containing all of the following to our Copyright Agent:

1. A physical or electronic signature of the owner of the allegedly infringed copyright (or such person’s authorized representative).
2. A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at issue, a list of such works.
3. A description of the material on HorseChannel.com (including the precise websites addresses on which the allegedly infringing material appears) that is claimed to be infringing or to be the subject of infringing activity, with information reasonably sufficient to permit us to locate the material.
4. Contact information for the complaining party, including address, telephone number, and, if available, an e-mail address.
5. A statement that you have a good faith belief that use of the allegedly infringing material is not authorized by the copyright owner, its agent, or the law.
6. 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 owner of the copyright that is allegedly infringed.

HorseChannel.com does not guarantee that any complained-of content will be deleted or modified. HorseChannel.com’s Copyright Agent for notice of claims of copyright infringement is:

Copyright Infringement
Digital Department
I-5 Publishing LLC
3 Burroughs
Irvine, CA 92618

or email to:

Internet Support

TERMINATION
These Terms of Use are effective until terminated by either party. HorseChannel.com may, in its sole discretion, without notice to you, suspend or terminate your use of the HorseChannel.com Websites or terminate any account or registration for any discussion forum. You may terminate these Terms of Use at any time, by discontinuing use of HorseChannel.com. However, you are still liable for any violations of the Terms of Use prior to any termination. HorseChannel.com and I-5 Publishing shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of access or use of HorseChannel.com.