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TERMS AND CONDITIONS for www.horsemind.com

Last updated: 21^st December 2008.

For the sake of this document www.horsemind.com is referred to as www.horsemind.com, Horsemind, horsemind or HM.

Introduction

Welcome to my website, www.horsemind.com. Horsemind (also referred to as HM) has been created as a social network for horse riders. It allows communication, photos and information to be shared amongst users. By accessing and using horsemind, you are stating that you have read the following 'Terms and Conditions' (T & Cs) and accept and agree to be bound by them, whether or not you register with HM. Where applicable under law, these Terms constitute a 'writing signed by you.'

Changes to Horsemind and our Terms and Conditions

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms and Conditions at any time without further notice. If we do this, we will post the changes to these Terms and Conditions on this page and we may send registered users an email notifying you of the change. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL STOP USING THE HM SERVICE. PRIOVIDED TO YOU. IF YOU CONTINUE USING OUR SERVICE IT WILL BE ASSUMED THAT YOU AGREE TO OUR NEW T & Cs.

Eligibility and Registration

By registering with Horsemind, that you have the capacity to understand, agree to and comply with these Terms and Conditions. If you do not understand part of our T & Cs you will discuss it with your parents if you are under the age of 14 or not join. You should provide true, accurate and complete registration information to be a member of Horsemind. And maintain the accuracy of this information. As part of the registration process, you will be asked to provide an email address which will act as your login name and a password and you will be responsible for all activities occurring under your name and for keeping your password secure.

Member Conduct and Appropriate Content

Horsemind is made available for you to use as a fun, friendly and personal services only. You may not use HM for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United Kingdom or your country of residence. You are solely responsible for your conduct and any data, text, information, photos, profiles, audio and any other information that you display, submit or post on HM.

We may, but shall have no obligation to, remove or limit access to Materials originating from any HM member that we determine at our complete discretion to be unlawful, fraudulent, threatening, defamatory, obscene or in any other way objectionable, or infringes or violates any ones's intellectual property or other proprietary rights or these Terms and Conditions. Further, under no circumstances does HM have any obligation to check the accuracy or truthfulness of any of the content, nor to monitor any Member's use of Horsemind.

Conditions For Use

You agree to abide by all applicable local, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by you including the content of your transmissions through the use Horsemind. By way of example, and not as a limitation, you agree NOT to:

• Defame, abuse, harass, threaten or otherwise violate the rights (such as rights of privacy and publicity) of any other member of HM.
• Publish, distribute and/ or disseminate any harmful, obscene, indecent, unlawful, slanderous, profane, defamatory, infringing, inappropriate, hateful, or racially, ethnically or otherwise objectionable material or information.
• Use other Members' personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other Members.
• Submit content that is unlawful or promote or encourage illegal activity or that would violate the property rights of others.
• Submit content of any third party without such third party's prior written consent, or content that falsely express or imply that such content are sponsored or endorsed by HM.
• Transmit, email or post any material that contains in any form software viruses or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
• Use Horsemind in any unlawful manner or in any other manner that could damage, disable, overburden or impair the website.
• Attempt to gain unauthorized access to HM, other accounts, computer systems or networks connected to HM through password mining or any other means.
• Modify, adapt, translate, or reverse engineer any portion of HM, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of HM.
• Reformat or frame any portion of the web pages that are part of HM.
• Upload, post or disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or any other applicable law. This is especially important when uploading photographers' photographs to your profile.
• Remove any copyright, trademark or other proprietary rights notices contained in or on HM.
• Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
• Interfere with another Member's use and enjoyment of HM.

Proprietary Rights

Horsemind does not claim any ownership rights of any information that you submit, post, or display on or through the use of HM. After submitting, posting or displaying any information you continue to retain all ownership rights of the information, and you continue to have the right to use your materials in any way you choose.

Horsemind and its affiliates and licensors own and retain all rights of www.horsemind.com, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including without limitation all text, software, photographs and design presented. Unless you obtain permission you may not copy or use any part of the Horsemind or its software.

Privacy & Personal Information

We take your privacy very seriously and your information will not be passed on to third parties.

Information collected in connection with your use of HM may be processed and stored in the United Kingdom (UK). If you live outside the United Kingdom and you use Horsemind, you expressly consent to the transfer to the UK of the personal information you provide HM.

Copyright Policy

You may not post, modify, distribute, or reproduce in any way any copyright material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. Horsemind respects the intellectual property rights of others and reserves the right to terminate any user's access to HM according to these terms of use if HM is notified that such user's activities infringe the rights of third parties on more than one occasion. If you believe that your work (or the work of a third party on whose behalf you are entitled to act) has been copied in a way that constitutes copyright infringement, please send an email to Emily@horsemind.com and it will be looked into for you.

Internet/WAP Access

Horsemind will not accept any responsibility if you cannot get onto the Horsemind site unless we are directly responsible. You must have internet access to be able to visit and use www.horsemind.com

Termination of the Horsemind Service

These Terms and Conditions will apply to your use of Horsemind. We may terminate your membership immediately at any time, for any reason. Once your membership terminates, you will have no right to use Horsemind. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.

Horsemind may also, in its sole discretion and at any time, discontinue temporarily or permanently providing the HM Service, or any part thereof, with or without notice. You agree that any termination of access to Horsemind under any provision of the Terms and Conditions may be effected without notice, and acknowledge and agree that HM may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or Horsemind. Where possible, Horsemind will use reasonable efforts to give members fair notice of termination or suspension of their access to Horsemind. Further you agree that HM shall not be liable to you or any third party for any termination or suspension of access to Horsemind or modification of HM.

Advertising

Horsemind will not accept any responsibility for the adverts placed on HM. We will endeavour to check out any companies or individuals who wish to place an advert on Horsemind however we take no responsibility for the content, legality, truthfulness or reliability of the external site.

Linking to the Horsemind

You may provide links to Horsemind, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on HM, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to HM immediately upon request by us.

Disclaimer of Warranties

Horsemind and anyone working on or for our behalf disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information, content or information displayed on Horsemind.

HM and its Affiliates further expressly disclaims that: (a) Horsemind will meet your requirements and will be uninterrupted, error-free, timely, or secure, (b) that defects or errors will be corrected, (c) that Horsemind or the server that makes it available are free of viruses or other harmful components, and (d) that the use of or the results of the use of Horsemind or the content made available as part of HM will be correct, accurate, timely, or otherwise reliable.

Horsemind do not accept reliability for any information posted in any form by our members or users of the site.

HORSEMIND, ON BEHALF OF ITSELF, PROVIDES THE HORSEMIND SERVICE, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, LINKS OR ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE HORSEMIND SERVICES), PRODUCTS, AND SERVICES INCLUDED THEREIN ARE PROVIDED 'AS IS,' 'WITH ALL FAULTS', 'AS AVAILABLE', WITH NO WARRANTIES WHATSOEVER. HORSEMIND EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

YOU AGREE THAT YOUR USE OF WWW.HORSEMIND.COM IS ENTIRELY AT YOUR OWN RISK.

Limitation of Liability

YOUR USE HORSEMIND IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES WILL HORSEMIND OR ITS PARENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, HORSEMIND, WHETHER OR NOT HORSEMIND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SUCH LIMITATION OF LIABILITY SHALL APPLY (A) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON HORSEMIND, FROM INABILITY TO USE HORSEMIND, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF HORSEMIND OR ANY COMPONENT THEREOF (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (B) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH HORSEMIND OR ANY PART OF HORSEMINDYOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING HORSEMIND AND ITS RELATED WEBSITE. UNDER NO CIRCUMSTANCES SHALL HORSEMIND BE LIABLE TO YOU FOR ANY AMOUNT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES (INCLUDING, IN THE UNITED KINGDOM, IN RESPECT OF (A) DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF HORSEMIND (B) THE TORT OF DECEIT OR FRAUDULENT MISREPRESENTATION), SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU IN SO FAR AS SUCH EXCLUSIONS AND LIMITATIONS ARE NOT PERMITTED.

Notices

Horsemind may provide you with notices regarding HM or these Terms and Conditions by regular mail, email, or postings on www.horsemind.com.

Legal Compliance

This Agreement shall be governed by and construed in accordance with the laws of England and Wales.

Miscellaneous

These Terms of Service will be governed by and construed in accordance with the laws of the United Kingdom, without giving effect to its conflict of laws provisions with your country of residence. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in the United Kingdom. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms & Conditions to be unenforceable, the remainder of the Terms and Conditions will continue in full force and effect. You shall not assign these Terms and Conditions or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect.

Horsemind or anyone associated with it will not be held responsible for any problems you may have with the site which come from any outside factors, including but not limited to: war, natural disasters or political problems.

These Terms and Conditions constitute the entire agreement between you and Horsemind.