If you have any questions about this Agreement, please contact us at any time at email@example.com.
Use of Our Service
You may use the Service only if you can form a binding contract with HorseTap, and only in compliance with this Agreement and all applicable national, European and international laws, rules and regulations. We do not knowingly collect information of persons who are under the minimum required ages specified herein. Residents of the European Union must be at least 16. Persons outside of the EU must be at least 14. Persons who are under 18 must obtain parental consent to use our Service. Any use or access to the Service by anyone aged under 14 years old is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by HorseTap.
B. HorseTap Service.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service as permitted by the features of the Service. HorseTap reserves all rights not expressly granted herein in the Service and the HorseTap Content (as defined below).
Any User, after subscription, is endowed with a personal account.
Your HorseTap account gives you access to the services and functionalities that we may establish and maintain from time to time and in our sole discretion. If you open a HorseTap account on behalf of a client, company, organization, or other entity, then (a) “you” includes you and that client, company, organization, or other entity, and (b) you represent and warrant that: (i) you are an authorized representative of the client, company, organization, or other entity with the authority to bind the client, company, organization, or other entity to this Agreement, (ii) that you have the express authorization of the client, company, organization or other entity to create and operate an account on their behalf, and (iii) that you agree to this Agreement on behalf of the client, company, organization or other entity.
You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lowercase letters, numbers and symbols) with your account. You must notify HorseTap immediately of any breach of security or unauthorized use of your account. HorseTap will not be liable for any losses caused by any unauthorized use of your account.
You may control your User profile and how you interact with the Service by changing the Settings within the HorseTap website and mobile App, as defined below. By providing HorseTap your email address, you consent to our use of the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out by changing the communications settings on your account pages. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the HorseTap servers than a human can reasonably produce in the same period of time by using a conventional online web browser (except that HorseTap grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from HorseTap.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
Accessing any audiovisual content that may be available on the Service for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited unless explicitly permitted by the functionality of the Service. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the HorseTap Service to a User’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User.
In any case, HorseTap shall have no liability, under any circumstance, for any illicit audiovisual (or any other) content, uploaded in violation of the sharing platform’s spirit, this Agreement and/or any law, regulation or public order.
Any User has the right and the responsibility to report to the Server any illicit content, any improper User and/or any breach of this Agreement and/or any violation of any national and European law, rule or regulation.
HorseTap will take action to remove any illicit content, reported by any User, as soon as it is reasonably possible.
We reserve the right to remove any content we retain, at our sole discretion, in violation of the spirit of our sharing platform, this Agreement and/or any national and European law, rule or regulation.
HorseTap, as soon as reasonably possible, will also take action to remove a User from the Service, whom has been reported more than 5 (five) times for alleged improper use of the Service by any other User or by HorseTap itself. HorseTap will examine the alleged improper use on its own determination and/or based on a report received from other Users, and will send a notice to the improper User, to the email address provided during the subscription. After 5 (five) verified determinations by HorseTap and/or reports by other Users of improper use, HorseTap will remove the improper User from the Service and will send the improper User a notice advising of his/her removal from the Service, to the foregoing email address.
We reserve the right to permanently or temporarily terminate or suspend your access to the Service, without prior notice and liability for any reason, including if, in our sole determination, you violate the spirit of our sharing platform, this Agreement and/or any national and European law, rule or regulation. In such case, we will send a removal notice to the User, to the email address provided during the subscription. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
In the case of monthly subscriptions, the monthly payments will stop immediately from the subsequent month following the communication of the removal notice. No refunds or credits for partial billing periods will be provided. In the case of annual subscriptions, once we have communicated the removal, you will not be charged again. HorseTap will take action, as is reasonably possible, to refund the remaining unused months already paid through the annual subscription, except to the extent that the improper use constitutes a criminal offence under the laws of Italy and the European Union.
You are solely responsible for your interactions with other HorseTap Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. HorseTap shall have no liability for your interactions with other Users, or for any User’s action or inaction (e.g. for what has been written in any chat, messages and/or comments between Users). In particular, but without limitation to, under no circumstances shall HorseTap be held accountable for any agreement of any kind concluded between Users, and/or between Users and third parties, and for any subsequent breach of those agreements.
When you purchase any goods (this term also include any animal and/or livestock) or services from any other User, you are purchasing goods directly from that User, and not from HorseTap.
HorseTap does not manufacture, make, sell or otherwise distribute any goods and does not endorse or assume any responsibility for goods or services listings, merchants, or any goods or services, including the price, quality, legality or safety of such goods or services. You, as a Purchaser, acknowledge and agree that you are interacting with another User, as a Seller or vice versa, at your own risk and HorseTap shall not be responsible for any loss or damage of any sort relating to your dealings with such User, and expressly relieve and release HorseTap of any such responsibility.
You are responsible for fully reading any good or service description prior to purchasing such good or service and agree that the Seller, not HorseTap, is solely responsible for establishing the terms upon which a product is sold. You agree to read and comply with all policies set forth by the Seller with respect to goods, including return, refund and shipping policies. You acknowledge and agree that it is the sole responsibility of the Seller to identify, disclose and notify you of any applicable refund, exchange, or return policy with respect to goods.
You agree to contact the Seller who sold you the good directly with all inquiries regarding such good, including complaints, problems and other issues you may have. HorseTap has no obligation to handle or facilitate the handling of any disputes between Purchasers and Sellers. For avoidance of doubt, any disputes with HorseTap shall be handled in accordance with the terms and conditions of this Agreement.
If you use the Service to communicate or administer any promotion (e.g. a contest or the sale of a horse), you are responsible for the lawful operation of that promotion, including without limitation (i) the official rules; (ii) offer terms and eligibility requirements; (iii) compliance with applicable rules and regulations governing the promotion, such as mandatory registration and regulatory approvals in the relevant jurisdiction(s); and (iv) compliance with applicable laws, rules, regulations and guidelines, including, but without limitation, any national and European law on advertising. HorseTap will take action to remove illicit content but it shall never be held accountable for any violation of the aforementioned rules, perpetrated by the User. Promotions by Users on the Service must include the following: (i) a complete release of HorseTap by each entrant or participant to the promotion; and (ii) an acknowledgement that the promotion is in no way sponsored, endorsed or administered by, or associated with HorseTap, unless an authorized representative of HorseTap provides prior written consent. HorseTap will not assist you in the administration of your promotion and cannot advise you on whether consent is required for use of user content or on how to obtain any necessary consent. You agree that if you use the Service to administer a promotion, you do so at your own risk.
Certain Users may post promotional or marketing materials, which may include the ability for Users to purchase goods or services from such certain Users (“User Promotional Materials”). Your dealings with or participation in any such promotions, or purchases of any goods and services, found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such certain Users. You agree that you are interacting with such certain Users at your own risk and HorseTap shall not be responsible for any loss or damage of any sort relating to your dealings with such Users, and expressly relieve and release HorseTap of any such responsibility.
User Content Ownership and License
The Service allows Users to post or provide content such as profile information, videos, images, comments, questions, and any other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Service is referred to as “User Content”).
As between you and HorseTap, you retain any and all right, title and interest in and to the User Content you create, post, or otherwise make available through the Service. We claim no ownership rights over your User Content.
The User Content you create remains yours; however, by providing User Content through the Service, you agree to allow others within the Service to view your User Content within the Service as permitted by the functionality of the Service and this Agreement.
HorseTap has the right (but not the obligation) in its sole discretion to remove any User Content that is provided to the Service.
It is anyway understood and agreed that if any User and/or third parties infringe your rights, violates your ownership and/or uses your User Content at a different destination other than the Service, under no circumstances shall HorseTap be held accountable for infringements and/or violations perpetrated by any User and/or third parties.
User Content Rules, Representations and Warranties
You agree not to create, submit, provide or otherwise make available on the Service any User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) contains any information or content that you know is not correct and current; or (ix) violates any school or other applicable policy, including those related to cheating or ethics. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. To the extent that your User Content contains music, you hereby represent that you are the owner of or have the necessary rights to all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license provided at the previous paragraph. HorseTap reserves the right, but is not obligated, to reject and/or remove any User Content that HorseTap believes, in its sole discretion, violates any of these provisions. You understand that publishing your User Content on the Service is not a substitute for registering the copyright.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications and registrations, renewals and extensions thereof, under the national, European and international laws.
In connection with your User Content, you affirm, represent and warrant the following:
A. You have obtained and are solely responsible for obtaining all consents as may be required by law to post any User Content relating to third parties, including (without limitation) the written consent and release of liability of each and every identifiable natural person in the User Content, if any, to use such person’s name or likeness in the manner contemplated by the Service and this Agreement.
B. Your User Content and HorseTap’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
C. HorseTap may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
D. To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
HorseTap takes no responsibility and assumes no liability for any User Content that you or any other User or third party creates, posts, sends, or otherwise makes available on the Service. You shall be solely responsible for your User Content and the consequences of posting, publishing, sharing, or otherwise making it available on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that HorseTap shall not be liable for any damages you allege to incur as a result of or relating to any User Content.
We respect artist and content owner rights, nevertheless, under no circumstances shall HorseTap be held accountable for third parties’ or Users’ copyright infringements perpetrated by any User or third parties.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify HorseTap of your complaint at the email address firstname.lastname@example.org. HorseTap will take action to remove the illicit content as soon as reasonably possible.
A. Mobile Software.
We make available software to access the Service via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Software. HorseTap does not warrant that the Mobile Software will be compatible with your mobile device. You may use mobile data in connection with the Mobile Software and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. HorseTap hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one HorseTap account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly permitted by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that HorseTap may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third party code that may be incorporated in the Mobile Software is covered by the applicable open source or third party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and HorseTap or its third-party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. HorseTap reserves all rights not expressly granted under this Agreement.
B. Mobile Software from iTunes.
The following applies to any Mobile Software you download from the iTunes Store (“iTunes-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and HorseTap, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. The Horsetap Mobile Software download is for free. If you already have an account for the HorseTap Service you will need only to login with your username and password. If you do not have an account for the HorseTap Service yet, you will be redirected to the HorseTap Website for subscription and payment, and then you will be able to login into your account on the HorseTap Mobile Software.
Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to HorseTap as provider of the software. You acknowledge that Apple is not responsible for addressing any claims by you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to HorseTap as provider of the software. You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party’s intellectual property rights HorseTap, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and HorseTap acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as relates to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the iTunes-Sourced Software against you as a third party beneficiary thereof.
C. Mobile Applications from Google Play Store. The following applies to any Mobile Applications you download from the Google Play Store (“Google-Sourced Software”). The HorseTap Mobile Software download is for free. If you already have an account for the HorseTap Service you will need only to login with your username and password. If you do not have an account for the HorseTap Service yet, you will be redirected to the HorseTap Website for subscription and payment, and then you will be able to login into your account on the HorseTap Mobile Software. You acknowledge that the Agreement is between you and HorseTap only, and not with Google, Inc. (“Google”). Your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software. HorseTap, and not Google, is solely responsible for its Google-Sourced Software; Google has no obligation or liability to you with respect to Google-Sourced Software or the Agreement, and you acknowledge and agree that Google is a third party beneficiary to the Agreement as it relates to HorseTap’s Google-Sourced Software.
Our Proprietary Rights
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks and service marks (including, without limitation, the HorseTap logo), copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “HorseTap Content”), and all Intellectual Property Rights related thereto, are the exclusive property of HorseTap and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any HorseTap Content. Use of the HorseTap Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place HorseTap under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, HorseTap does not waive any rights to use similar or related ideas previously known to HorseTap, or developed by its employees, or obtained from sources other than you.
The Service contains data, information, and other content not owned by you, such as reputational or status indicators, in-world currency, and/or fictional property (“HorseTap Property”). You understand and agree that regardless of terminology used, HorseTap Property represents a limited license right governed solely by the terms of this Agreement and available for distribution at HorseTap’s sole discretion. HorseTap Property is not redeemable for any sum of money or monetary value from HorseTap at any time. You acknowledge that you do not own the account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of HorseTap on HorseTap servers, including without limitation any data representing or embodying any or all of your HorseTap Property. You agree that HorseTap has the absolute right to manage, regulate, control, modify and/or eliminate HorseTap Property as it sees fit in its sole discretion, in any general or specific case, and HorseTap will have no liability to you based on its exercise of such right. All data on HorseTap’s servers are subject to deletion, alteration or transfer. Notwithstanding any value attributed to such data by you or any third party, you understand and agree that any data, account history and account content residing on HorseTap’s servers, may be deleted, altered, moved or transferred at any time for any reason in HorseTap’s sole discretion, with or without notice and with no liability of any kind. HorseTap does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any data residing on HorseTap’s servers.
A. Free Trial.
Your HorseTap membership may start with a free trial. The free trial period of your membership lasts for one month or otherwise specified during sign-up, and it is intended to allow new members and certain former members to test the Service. You will be notified during sign-up whether you are eligible for a free trial.
We will bill your payment method for your membership fee at the end of the free trial period unless you cancel your membership prior to the end of the free trial period. In order to view the end date of your free trial period, visit the HorseTap Website and click “manage subscription”.
Only first-time subscribers are eligible for free trials, introductory offers or promotional pricing.
B. Billing Policies.
The Service is provided for an annual or monthly subscription fee.
Monthly subscription – one-month trial.
Unless you cancel your membership during your trial, you will be automatically charged the price listed on a monthly basis starting on the first billing date until you cancel your subscription. You may cancel at anytime. No refunds or credits for partial billing periods will be provided.
Annual subscription – one-month trial.
Unless you cancel your membership during your trial, you will be automatically charged the price listed on an annual basis starting on the first billing date until you cancel your subscription. You may cancel at anytime. No refunds or credits for partial billing periods will be provided.
Once you have cancelled a subscription, you will not be charged again unless you re-subscribe. You will still be able to use the Service until the end of the current subscription period.
You can re-subscribe to the same channel at any time, but you won't receive a second free trial. If you re-subscribe while you still have access to the channel, you will be charged again when the current subscription period ends.
Free trial eligibility is determined by HorseTap at its sole discretion and we may limit eligibility or duration to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible.
If you elect to use paid aspects of the Service, you will be provided with pricing and payment terms which you will be required to accept in order to make those payments. Such payment terms available, if and when in force, may be updated from time to time. HorseTap may add new services for additional fees and charges, add or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in this Agreement.
C. Payment Methods.
To use the HorseTap Service you must provide one or more Payment Methods. You can update your Payment Methods by going to the "Account" page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s). You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the Service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details. Our payments are securely managed by third party partners Paypal and Braintree. We do not collect and/or store your credit card information and data.
D. No Refunds.
You may cancel your HorseTap account at any time; however, there will be no refunds for cancellation. In the event that HorseTap suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund or exchange for any HorseTap Property, any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else, except to the extent expressly set forth in this Agreement.
E. Payment Information; Taxes.
All information that you provide in connection with a transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other Payment Method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any transactions or other monetary transaction interactions.
Third-Party Links and Information
You agree to defend, indemnify and hold harmless Horsetap and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service and any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
The service is provided on an “as is” and “as available” basis. Use of the service is at your own risk. To the maximum extent permitted by applicable law, the service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from HorseTap or through the service will create any warranty not expressly stated herein. Without limiting the foregoing, HorseTap, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service.
HorseTap does not warrant, endorse, guarantee, or assume responsibility for any product or service promoted or offered by a third party through the HorseTap Service or any hyperlinked website or service, and HorseTap will not be a party to or in any way monitor any transaction between you and other Users and/or third-party providers of goods or services.
The disclaimers and exclusions under this Agreement will not apply to the extent prohibited by applicable law.
Limitation of Liability
HorseTap has created the website and the mobile App with utmost care. In any case, HorseTap shall not be held accountable for any omission or failure or any technical problems present on the website, the mobile App or within the use of the Service, except the case of intentional fault or gross negligence. In the event that HorseTap becomes aware of any inaccuracy present on the website, the mobile App or within the use of the Service, it will take action to remedy the default and prevent any other future inaccuracies, as soon as it is reasonably possible.
To the maximum extent permitted by applicable law, in no event shall HorseTap, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including, but without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or the inability to use, this Service. Under no circumstances shall HorseTap be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your account or the information contained therein, to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, HorseTap assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our Service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, Trojan horses, or the like that may be transmitted to or through our Service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third party. In no event shall HorseTap, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to HorseTap in accordance with this Agreement.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if HorseTap has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law. The disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable law.
Information Governing Law and Jurisdiction.
The HorseTap Website and the HorseTap Mobile Software are managed by Marilin s.r.l., with its registered office in Via Vittorio Veneto 38, 24055 Cologno al Serio (BG), Fiscal Code 04313580161, Bergamo Companies’ Register registration number BG - 453199.
For any assistance or claim please contact us at the following email address: email@example.com.
B. Governing Law.
The Service shall be deemed as based in Italy.
Any dispute or claim arising from, or connected to, the present Agreement, its content, its interpretation, and/or the use of the HorseTap Website or Mobile Software shall be subject to the exclusive jurisdiction and venue of the Court of Milan.
In case that the dispute or claim arising from, or connected to, the present Agreement, its content, its interpretation, and/or the use of the HorseTap Website or Mobile Software, arises between HorseTap and a User deemed as a Consumer according to Italian and European laws, it will be subject to mandatory Italian and European Consumers’ laws on jurisdiction and venue.
Nothing in this Section shall be deemed as preventing HorseTap from seeking injunctive, damages, or other equitable relief from the Court, as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.
Changes to the Service
We may, without prior notice, change the Service, stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
Changes to the Agreement and Notice
HorseTap may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by HorseTap in our sole discretion.
A. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by HorseTap without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
B. Entire Agreement/Severability. This Agreement, together with any amendments and any additional agreements you may enter into with HorseTap in connection with the Service, shall constitute the entire agreement between you and HorseTap concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
C. No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and HorseTap’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.