Last Updated: March 1st, 2016
Total Horse Channel (“THC”) offers an online video sharing platform and community (“the THC Service” or “the Service”) through its website located at www.totalhorsechannel.com (“THC Site”). By using or visiting the THC SITE or using the THC Service in any way, you accept these Terms of Service (“Agreement, “Terms,”, or “Terms of Service”) including the privacy statement found at www.totalhorsechannel.com and THC’s Community Guidelines found at totalhorsechannel.com, which collectively form a binding agreement between you and THC.
B. THC may revise the Terms at any time by posting the revised Terms on the THC Site, and you agree that your use of the THC Service after such changes will constitute your acceptance of such changes. You can determine when the Terms were last revised by referring to the “Last Revised” date under the title of the Terms. THC will not personally notify you when changes are made to these Terms. THC may make changes to the THC Site or Content (defined below), products, services or features of the THC Service at any time. Nothing in these Terms shall be deemed to confer any third-party rights or benefits. You understand and agree that THC may discontinue or restrict your use of the THC Service at any time for any reason or no reason with or without notice.
2. Permitted Users of the THC Service
A. Persons 18 years of age or older or emancipated minors, who are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service, are permitted to use the THC Site.
B. You must be at least 13 years old to use the THC Service. If you are at least 13, but are still a minor (this depends on where you live), you must have your parent or legal guardian’s permission to use the THC Service. Please have your parent(s) read this Agreement with you. Parents must be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
C. Parent(s), by granting your child permission to use the THC Service, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child’s use of the THC Service. If your child is using the THC Service and is either under 13 or does not have your permission, please contact us immediately so that we can disable your child’s access. If you have questions about whether the THC Service is appropriate for your child, please contact at email@example.com
3. Permissions and Restrictions with Respect to Content
A. “Content” includes the text, software, scripts, graphics, photos , music, videos, images, audio recordings, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the THC Site.
B. The Content, and the trademarks, service marks and logos (“Marks”) on the THC Service, are owned by or licensed to THC, subject to copyright and other intellectual property rights under the law.
C. The THC Site may contain links to third party websites that are not owned or controlled by THC. THC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, THC will not and cannot censor or edit the content of any third-party site. By using the THC Service you expressly relieve THC from any and all liability arising from your use of any third-party website.
E. Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the THC Service and as permitted under these Terms. You shall not download any Content unless you see a “download” or similar link displayed by THC on the THC Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of THC or the respective licensors of the Content. THC and its licensors reserve all rights not expressly granted in and to the THC Service and the Content.
F. THC does not endorse any Content submitted to the THC Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and THC expressly disclaims any and all liability in connection with Content. THC does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and THC will remove all Content if properly notified that such Content infringes on another’s intellectual property rights.
G. THC reserves the right to review Content to accept or deny placement on the THC Site, as well as to remove Content without advance notice.
H. You agree that Content you submit to the THC Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant THC all of the license rights granted herein. Accordingly, you agree not to upload, or transmit (collectively “submit”) any type of Content on the THC Site, provided that the Content:
- Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
- Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted);
- Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
- Exploits minors;
- Depicts unlawful acts or extreme violence;
- Depicts animal cruelty or extreme violence towards animals;
- Promotes fraudulent schemes, multi level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or
- Violates any law.
I. You understand that THC does not guarantee any confidentiality with respect to any Content that you submit.
J. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the THC Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to THC all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the THC Service pursuant to these Terms of Service.
K. Even though you retain all of your ownership rights in your Content, by submitting Content to THC, you hereby grant THC a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the THC Service and THC’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the THC Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the THC Service a non-exclusive license to access your Content through the THC Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the THC Service and under these Terms of Service. The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that THC may retain, but not display, distribute, or perform, server copies of your video Content that have been removed or deleted. The above licenses granted by you in user comments Content you submit are perpetual and irrevocable.
L. You understand that when using the THC Service, you will be exposed to Content from a variety of sources, and that THC is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against THC with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless THC, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the THC Service.
4. Permissions and Restrictions with Respect to the THC Service or THC Site
THC grants you permission to access and use the THC Service and the THC Site as set forth in these Terms of Service, provided that:
- You agree not to distribute, in any medium, any part of the THC Service and/or the Content without prior written authorization from THC, unless THC makes available the means for such distribution through functionality offered by THC.
- You agree not to alter or modify any part of the THC Service and/or the THC Site.
- You agree not to access Content through any technology or means other those provided by THC.
- You agree not to use the THC Service for any of the following commercial uses unless you obtain prior written approval from THC:
1. the sale of access to the Service;
2. the sale of advertising, sponsorships, or promotions placed on or within the THC Service, THC Site and/or Content; or
3. the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the THC Service or THC Site, unless other material not obtained from THC appears on the same page and is of sufficient value to be the basis for such sales.
E. Prohibited commercial uses do not include:
- uploading or maintaining an original video to the THC Site, to promote your business or artistic enterprise;
- showing THC Site Content through on an ad-enabled blog or website, subject to the advertising restrictions set forth above in Section 4.D; or
- any use that THC expressly authorizes in writing.
F. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
G. You further agree not to use or launch any automated system, including without limitation, “robots,” “bot,” “spiders,” or “offline readers,” that accesses the THC Service or THC Site in a manner that sends more request messages the THC servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, THC grants the operators of public search engines permission to use spiders to copy materials from the site 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. THC reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the THC Service or THC Site, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the THC Service or THC Site with respect to their Content.
H. In your use of the THC Service, you will comply with all applicable laws.
- THC reserves the right to discontinue any aspect of the Service at any time.
5. Uploading to the THC Site and User Accounts
- In order to access some features of the THC Service, such as, but not limited to, uploading Content, you will have to create a user account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify THC immediately of any breach of security or unauthorized use of your account.
- Although THC will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of THC or others due to such unauthorized use.
6. Code of Conduct
In using the THC Service, you must behave in a civil and respectful manner at all times. Further, you will not:
- Act in a deceptive manner by, among other things, impersonating any person;
- Harass or stalk any other person;
- Harm or exploit minors;
- Distribute “spam”;
- Collect information about others; or
F. Advertise or solicit others to purchase any product or service within the THC Site (unless you are an official THC partner or advertiser and have a written agreement with THC).
THC has the right, but not the obligation, to monitor all conduct on and content submitted to the THC Service.
7. Term and Termination; Account Deletion
A. TERM: This Agreement begins on the date you first use the THC Service and continues as long as you have an account with us.
B. ACCOUNT DELETION: You may delete your account at any time.
C. THC will terminate a user’s access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
D. THC reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. THC may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user’s account for submitting such material in violation of these Terms of Service.
8. Digital Millennium Copyright Act
- If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
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 an exclusive right that is allegedly infringed.
B. THC’s designated Copyright Agent to receive notifications of claimed infringement is PO Box 773011 Ocala, FL 34477-3011, [address], email: firstname.lastname@example.org. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to THC’s customer service through email at email@example.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
C. Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
1. Your physical or electronic signature;
2. Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
3. A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
4. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Ocala, Florida, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
D. If a counter-notice is received by the Copyright Agent, THC may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at THC’s sole discretion.
E. THC reserves the right to prohibit users who are subject to multiple DMCA notices.
9. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE THC SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. THC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND 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 AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. THC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THC WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
10. Limitation of Liability
IN NO EVENT SHALL THC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT THC SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The THC Service is controlled and offered by THC from its facilities in the United States of America. THC makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless THC, its parent corporation, officers, directors, employees and agents, 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 THC Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the THC Service.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by THC without restriction.
You agree that: (i) the THC Service shall be deemed solely based in Florida; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over THC, either specific or general, in jurisdictions other than Florida. These Terms of Service shall be governed by the internal substantive laws of the State of Florida, without respect to its conflict of laws principles. Any claim or dispute between you and THC that arises in whole or in part from the THC Service shall be decided exclusively by a court of competent jurisdiction located in Marion County, Florida. These Terms of Service, together with the Privacy Notice at PO Box 773011 Ocala, FL 34477-3011 and any other legal notices published by THC on the Service, shall constitute the entire agreement between you and THC concerning the Service. THC is only required to publish all legal notices on the THC Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and THC’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. THC reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the THC Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND THC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED