ACCEPTANCE OF TERMS
Although children under 13 may view the Horse Illustrated Websites, we do not permit children under 13 to register for services, like our discussion forums and clubs 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).
Horse Illustrated LLC owns all rights, title and interest in and to the material appearing on the Horse Illustrated Websites, 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 Horse Illustrated’s trademarks, trade dress or copyrighted materials without our express permission is strictly forbidden.
Your accessing and viewing of the Horse Illustrated Websites is only for your personal, non-commercial use. Aside from page caching and the downloading of a single copy of the Horse Illustrated Websites for your own personal, non-commercial use, no other uses are permitted.
CLUBS ON ANIMALNETWORK WEBSITES
Earning Club Points:
To ensure you receive credit for your Club transactions, please be sure to log into your account when you visit the website. Club members may track their summary online at the website or by subscribing to receive the Club eSummarySM. The Club eSummary subscribers receive their summary and information every month, regardless of activity level. Your summary includes points earned, along with newsletters and special promotions.
If your account has no qualifying activity in any 1-month period, all points in the account will expire. Qualifying activity is defined as redeeming any Club award or accruing points for any eligible Club activity.
Points will be credited only to the account of the Club member.
Except as otherwise explained below, Club points are not transferable and may not be combined among Club members, their estates, successors and assigns. Accrued points and awards do not constitute property of the member. Neither accrued points, nor awards are transferable by the member (i) upon death, (ii) as part of a domestic relations matter, or (iii) otherwise by operation of law.
Club points are determined by the activity you participate in and the points are explicitly stated at the point of participation.
Only individual persons are eligible for Club program membership. Corporations or other entities are not eligible to become Club members or to accrue Club points. Only the member named on the account will be entitled to access account information.
Club Award Conditions:
To ensure you receive credit for your Club transactions, please log into the Club when you participate in a Club activity. Horse Illustrated, in its sole discretion, has the right to change the Club program rules, regulations, awards and special offers at any time with or without notice. This means that the accumulation of points does not entitle members to any vested rights with respect to such accumulated points, awards or program benefits. In accumulating points or awards, members may not rely upon the continued availability of any award or award level, and members may not be able to obtain all offered awards. Any award may be withdrawn or subject to increased points requirements or new restrictions at any time. Horse Illustrated may, among other things, (i) withdraw, limit, modify, or cancel any award; (ii) change program benefits, participant affiliations, conditions of participation, rules for earning, redeeming, retaining or forfeiting points, or rules for the use of points. Horse Illustrated reserves the right to end the Club program with 30 days notice. Horse Illustrated may amend its rules of the Club program at any time without notice. Once points are redeemed for awards, all transactions are final. There are not any returns or exchanges allowed. Income tax liability on Club awards, if any, is the responsibility of the member.
General Club Conditions
At no time may Club points be purchased, sold or bartered. Any such points are void if transferred for cash or other consideration. Violators may be liable for damages and litigation costs, including Horse Illustrated LLC attorney’s fees incurred in enforcing this rule.
Horse Illustrated reserves the right to audit any and all accounts at any time and without notice to the member to ensure compliance with Club program rules and applicable conditions. In the event that an audit reveals discrepancies or violations, the processing of Club awards, points accrual and summaries may be delayed until the discrepancies or violations are resolved satisfactorily to Horse Illustrated LLC. Pending such resolution, members may be prohibited from redeeming points for a Club award in Horse Illustrated ‘s sole discretion.
If Horse Illustrated and/or any Club participant improperly denies a member points, credit, awards, or some other benefit, the member’s exclusive remedy shall be the issuance of the improperly denied credit, award or benefit if available, or such other alternative comparable benefit as determined by Horse Illustrated, which shall have no additional liability whatsoever. In no event shall Horse Illustrated or any Club participant be liable to any member, or anyone claiming through a member, for any direct, indirect or consequential damages, or lost revenue or profits, arising out of Horse Illustrated LLC or any Club participant acts or omissions in connection with the Club program.
The Horse Illustrated Websites offer 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@luminamedia.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:
Is vulgar, obscene, profane, sexually oriented, harassing, hateful, threatening, abusive, slanderous, defamatory or invades the privacy of any third party;
Is offensive on the basis of race, ethnicity, gender, age, disability, sexual orientation or religion;
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;
Does not relate to the subject matter of the activities on this website for which you have registered;
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;
Constitutes spam, unsolicited advertising, chain letters or any form of gambling or lottery;
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 Horse Illustrated all rights, title and interest in and to such content and grant Horse Illustrated 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.
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 the Horse Illustrated Websites from any users that use your account. You agree to notify Horse Illustrated LLC immediately of any unauthorized account use or security breach. Horse Illustrated LLC disclaims all liability arising from your failure to keep your account information and password secure.
THE Horse Illustrated LLC WEBSITES AND RELATED SERVICES ARE PROVIDED “AS IS” AND WITHOUT EXPRESS OR IMPLIED WARRANTY. WE DISCLAIM ALL WARRANTIES AS TO THE OPERATION OF THE Horse Illustrated LLC WEBSITES, THE CONTENT, INFORMATION MADE AVAILABLE THROUGH SUCH SITES, AND GOOD OR SERVICES PURCHASED THROUGH SUCH SITES. 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, Horse Illustrated LLC DOES NOT WARRANT THAT USE OF THE Horse Illustrated LLC WEBSITES WILL BE UNINTERRUPTED, SECURE, OR FREE FROM ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE Horse Illustrated LLC WEBSITES IS SOLELY AT YOUR RISK.
THIRD-PARTY WEBSITES LINKED TO OR FROM THE Horse Illustrated LLC WEBSITES ARE NOT CONTROLLED BY Horse Illustrated. Horse Illustrated LLC EXPRESSLY DISCLAIMS RESPONSIBILITY FOR THE CONTENT ON THIRD-PARTY WEBSITES. YOU IRREVOCABLY WAIVE ANY CLAIM AGAINST Horse Illustrated REGARDING SUCH THIRD-PARTY WEBSITES AND CONTENT.
LIMITATION OF LIABILITY
Horse Illustrated 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 THE Horse Illustrated 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 THE Horse Illustrated WEBSITES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE Horse Illustrated WEBSITES.
CLAIMS OF INFRINGEMENT OF COPYRIGHT MATERIAL
Horse Illustrated 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 Horse Illustrated Websites infringes your copyright, please provide a written notification containing all of the following to our Copyright Agent:
A physical or electronic signature of the owner of the allegedly infringed copyright (or such person’s authorized representative).
A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at issue, a list of such works.
A description of the material on the Horse Illustrated Websites (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.
Contact information for the complaining party, including address, telephone number, and, if available, an email address.
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.
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.
Horse Illustrated does not guarantee that any complained-of content will be deleted or modified. Horse Illustrated ‘s Copyright Agent for notice of claims of copyright infringement is:
Horse Illustrated, LLC
2030 Main Street, Suite 1400
Irvine, CA 92614
or email to: