Horse-Canada.com Terms of Use
Please read the following terms of use carefully before using Horse Publication Group’s (HPG) website. Any failure on your part to comply with these terms of use may lead to the cancellation of your account and
the related privileges.
1. Acceptance of Terms of Use
1.1. By using HPG’s website, you acknowledge having read and understood these terms of use
and, accordingly, you agree to abide by them as well as any future modifications which may be
made. These terms of use represent an agreement between you and HPG.
1.2. These terms of use may be subject to change, addition or deletion at any time. Any such
change will be posted on this page. Also, if we make major changes in our current terms of use,
they will be posted at least thirty (30) days prior to their coming into force and users who have
forwarded their e-mail addresses to us will be notified directly thereof by electronic mail. Please
refer to these terms of use regularly in case any changes are made to them.
1.3. If you do not agree to be bound by these terms of use, you should not use HPG’s website. In
addition, should you consider any future amendments made to these terms of use to be
unacceptable, you can cancel your account with us at any time.
2. Premises
2.1. HPG operates its website from its offices in Canada. HPG does not make any representation
to the effect that all items on its website may be used in other locations. People who access
HPG’s website do so at their own initiative and are responsible for complying with all laws
applicable to them.
2.2. By using HPG’s website, you acknowledge and agree that these terms of use are governed
by laws applicable in the Province of Ontario and that any litigation ensuing from, or related to,
the use of HPG’s website and services will be subject to the jurisdiction of the Province of
Ontario.
3. Changes in website
3.1. HPG may modify, cancel or terminate any item contained in its website, at any time,
including the availability of any function, database or content. HPG may also impose limits on
certain items or restrict the access to certain sections of its website without prior notice and
without incurring its liability.
4. Personal Use
4.1. All the items contained in HPG’s website are offered for your personal use for non-
commercial purposes. It is prohibited to use the items contained in HPG’s website for
commercial or advertising purposes without the written consent of HPG.
5. Registration and Security
5.1. When you register, you must select a password and a user name. You cannot (i) choose or
use someone’s password with the intention of pretending to be that person; (ii) use a password
in which someone else has rights, without that person’s authorization; or (iii) use a password or
a user name that HPG, at its sole discretion, considers offensive.
5.2. You are responsible for maintaining the confidentiality of your password and user name.
You should notify HPG as soon as possible by e-mail (webmaster@horse-canada.com) of any
known or suspected use of your account, or of any known or suspected breach of security.
5.3. You are responsible for any use of your accounts on HPG’s website. HPG cannot be held
liable for the unauthorized use of your account or for any loss or damage arising in particular
from the non-compliance with the security measures mentioned in this section.
6. Fees and Payments
6.1. HPG reserves the right to charge fees for future access to its website, or any section
thereof. If HPG should charge new fees for access to any section of its website, it will notify you
in advance in case you would like to close your account.
7. Chat Rooms and Bulletin Boards
7.1. Since any communications which are part of chat rooms and bulletin boards are public and
not private, you should abide by the rules set forth below:
7.1.1. Use polite language. Objectionable or offensive language will not be tolerated at any time.
In addition, no one may keep or submit defamatory, obscene, tortious, pornographic, abusive or
otherwise illegal content.
7.1.2. Be courteous. No one may make threats or incite anyone else to violence or hatred. It is
also prohibited to deliberately disturb any discussion with repetitive messages, unfounded
messages or spamming.
7.1.3. Discuss but do not attack. In an open discussion where there are many different opinions,
people often disagree. HPG encourages lively discussions and debates in its chat rooms.
Moreover, personal attacks are a breach of these terms of use.
7.1.4. No one should use chat rooms or bulletin boards to promote or offer for sale any good or
service for a commercial purpose, or conduct or send any study, contest, pyramid scheme or
chain letters, spamming, or to engage in any hacking, solicitation or any other act for illegal
purposes. Any acts which may infringe other peoples’ rights or their enjoyment of the chat
rooms or bulletin boards are also prohibited.
7.2. You declare that you have all the necessary rights, in particular, intellectual property rights,
to any material that you submit as a user to HPG.
7.3. You acknowledge and agree that you remain the holder of the copyright of all material you
submit as a user to HPG (e.g. letter to the editor, comments, etc.). Moreover, you acknowledge
and agree that by simply submitting your material to HPG, you grant it a non-exclusive licence,
without any compensation whatsoever to you, to use, edit, modify, delete, reproduce, publish,
distribute and give sub-licences to such materials. To this effect, you waive any moral right you
may assert related to the integrity of your work.
7.4. You acknowledge and agree that you are personally liable for the content of your messages
to chat rooms or bulletin boards on HPG’s website, and for the consequences thereof.
7.5. HPG reserves the right, at its sole discretion, not to publish or to withdraw any materials
transmitted by a user on any of its website. In addition, this remains an option and not an
obligation.
7.6. HPG does not make any declaration concerning the control over the material available on
its website. HPG is not and may not be held liable for the accuracy, legality or the compliance
with the intellectual property rules or with the terms of use of any materials provided by its
users.
8. Links
8.1. HPG’s sites contain hyperlinks to websites managed by third parties. By activating these
links, you may have to leave HPG’s sites. HPG has no control over websites owned by third
parties. These sites are managed entirely by third parties and HPG cannot make any declaration
whatsoever concerning the quality or overall content thereof nor regarding the quality of the
products offered or the security of performing transactions on the sites in question. The fact
that third party sites are identified on HPG’s website should not in any way be interpreted as an
endorsement by HPG and does not incur its liability in any way. HPG cannot be held liable for
possible damages arising from the use of these sites. All complaints about third party sites
should be addressed to the administrators of those sites.
9. Intellectual Property
9.1. The trademarks and logos used or posted on HPG’s website are trademarks and logos
registered or not by HPG or third parties. Nothing on HPG’s website may be interpreted in such
a way as to allow, directly or indirectly, the use of such trademarks or logos without the prior
written permission of their owner. Without limiting the generality of the foregoing, it is
prohibited to reproduce the trademarks and logos displayed on HPG’s website for commercial
or advertising purposes or to increase the number of visitors to your site.
9.2. All the items on HPG’s website (including, without limitation, the texts, articles,
photographs, images, illustrations, audio and video excerpts, software, etc.) are protected by
copyright and belong to HPG or third parties acting as content providers. Except for certain
clearly stated exceptions, no items on HPG’s website must be interpreted as giving you any right
whatsoever with regard to the intellectual property of HPG or of a third party acting as a
content provider.
9.3. Subject to section 9.3 hereof, you may not copy, reproduce, modify, publish, distribute or
participate in the transfer or sale of, or create derivative works from, translate, download, grant
under licence, or in any other way exploit, any item offered on HPG’s website (including any
software), in whole or in part.
9.4. You can download or copy only for your personal use for non-commercial purposes items
from HPG’s website provided you maintain all the intellectual property notices they contain.
Copying or memorizing any item for purposes other than personal use is strictly forbidden
without the prior written permission of HPG or the holder of the copyrights identified in the
notice of intellectual property.
10. Representations and Warranties
10.1. You hereby indemnify, defend and hold HPG, its directors, officers, senior executives,
shareholders, employees, affiliated businesses, representatives and content providers
(collectively referred to as “HPG”) harmless from and against any and all monetary
condemnation in principal, interest, legal and extrajudicial costs and any other damages,
including but without limitation, all reasonable legal costs incurred by HPG related to any claim,
proceeding, action or stay (“Claim”) ensuing from the non-compliance, by you or any other user
of your account, with these Conditions of Use. HPG reserves the right to participate in the
defence of any such Claim and to be represented by an attorney of its choice.
11. Limitation of Liability
11.1. HPG’s website and the items they contain are offered to you on an “as is” basis, without
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, use, availability,
validity, accuracy, reliability of the items reproduced on said sites or as to the results ensuing
from the use of such items. Without limiting the generality of the foregoing, HPG makes no
representations about the comprehensive nature of the results of your searches conducted on
its website. You hereby acknowledge and agree that your use of HPG’s website is at your own
risk.
11.2. HPG makes no representation related to the accuracy or reliability of, nor does it endorse,
any opinion, declaration or other information published or distributed on its website by any
user, content provider or other person.
11.3. HPG disclaims all liability related to any error which may be found on its website. Thus,
HPG and any third party providing content on HPG’s website, their related companies, officers,
employees, representatives or agents cannot in any way be held liable for any damage related
directly or indirectly to the use of HPG’s website, in particular, the loss of data or profits ensuing
from the use of items on said sites, errors or omissions contained in the items or the inability to
use such items.
12. Cancellation
12.1. You can cancel your account at any time by accessing the “My Account” section of
www.Horse-Canada.com.
12.2. HPG can, at its sole discretion, cancel or suspend your account to its website in whole or in
part for any reason, including, without limitation, the non-compliance with these terms of use.
