Welcome to Horse & Country. Your use of the H&C website (the “Website”) and any products, software and services, including the H&C embeddable video player (the “H&C Player”) provided to you on or from the website (collectively called “the Services”) is subject to the terms of a legal agreement between you and H&C. H&C means H&C TV Ltd registered office Fleet Place House, 2 Fleet House, London, EC4M 7RF, registered company number 7366438. These Terms may be updated by H&C from time to time without notice to you, so it’s important that you review them periodically. The latest version will always be available at http://horseandcountry.tv/legal/terms-of-service.
- Any competitions running on the H&C website are bound by these rules – acceptance is implied on entry of the competition.
- Competitions are not open to H&C staff, H&C contractors, advertising partners or their families.
- One entry per household is permitted.
- H&C’s decision is final in all ambiguities or queries.
- No cash alternative is offered for a competition prize.
- You may need to register (for free) on the H&C site to enter and agree to the further T’s and C’s that relate to registration.
- You may need to register for a third party service (such as Twitter, Facebook, etc) and agree to the further T’s and C’s that relate to registration.
- You agree that your email address and any other information you provide may be passed on to the competition’s advertising partner for future marketing use. (You may opt out of future marketing emails by contacting the advertising partner directly.)
- We reserve the right to remove entries, competitions or to change the competition, rules etc at any point without prior warning.
- Competitions are free to enter and require no purchase.
- We will inform the advertising partner of winners’ details after the competition closes.
- Supplying and delivery of competition prizes is a private matter between the winner(s) and the advertising partner, which H&C take no responsibility for at any stage.
- In order to access some features of the Website or other Services, you will have to create an H&C account. When creating your account, you must provide accurate and complete information (“Registration Data”). If there are reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, H&C has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
- You must be at least 16 years of age to register.
- You will receive an account and a password upon completing the Services’ registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account.
- You agree to immediately notify H&C of any unauthorised use of your password or account and any other breach of security.
- H&C will not be liable for any loss or damage arising from your failure to comply with this section.
- You agree that H&C may access, preserve, and disclose your account information and Content if required to do so by law or in the good faith belief that any such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third-parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of H&C, its users and the public.
GENERAL USE – YOUR OBLIGATIONS AS A USER
H&C hereby grants you permission to access and use the Website and the Services, subject to the following express conditions, and you agree NOT TO:
- Upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- Harm minors in any way;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
- Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters”, “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose;
- Upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- “Stalk” or otherwise harass another; or
- Extract, collect, process, combine or store personal data about other users nor use it to contact such users of the Services for commercial purposes.
- Distribute any part of or parts of the Website, including but not limited to any User Submissions (as defined below), in any medium without H&C’s prior written authorisation; (except for those ways in which it’s allowed – e.g. embeddable player)
- Alter or modify any part of the Website or any of the Services (including but not limited to the H&C Player and its related technologies);
- Access User Submissions (defined below) or other content made available on the Website (including H&C Content, as defined below) through any technology or means other than the video playback pages of the Website itself, the H&C Player, or other means H&C may explicitly designate for this purpose;
- Circumvent, (or attempt to circumvent), disable or otherwise interfere with any security related features of the Website or features that (i) prevent or restrict use or copying of any User Submissions or H&C Content or (ii) enforce limitations on use of the Website or the content accessible on the Website;
- Collect or harvest any personal data of any user of the Website or any Service (including the H&C account names);
- Include any parts of the H&C Content, Websites nor Services within a third party site (“frame”) without previous written consent by H&C.
LIMITATIONS ON COMMERCIAL USE
You agree not to use the Website or any Services for any commercial use, without the prior written authorisation of H&C. Prohibited commercial uses include, without limitation:
- the resale of access to the Website or any of the Services on another website for the primary purpose of gaining advertising or subscription revenue; and
- the redistribution of the Services for the primary purpose of generating revenue from a substantially similar or comparable business enterprise to that carried on by H&C, excluding any use that is expressly authorised by H&C in writing;
- if you use the H&C Player on your website, you must include a prominent link back to the Website on the pages containing the H&C Player and you may not modify the H&C Player in any way;
- use or launch of any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Website in a manner that sends more request messages to the H&C servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard (i.e. not modified) web browser;
- use of the Website and the Services (including the comments and email features in the Website) for the solicitation of business in the course of trade or in connection with a commercial enterprise;
- access of User Videos (as defined below) for any reason other than your personal, non-commercial use solely as intended through and permitted by the normal functionality of the Services, and solely for Streaming. “Streaming” means a contemporaneous digital transmission of the material by H&C via the Internet to a user operated Internet enabled device in such a manner that the data is intended for real-time viewing and not intended to be downloaded (either permanently or temporarily), copied, stored, or redistributed by the user.
H&C grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. H&C reserves the right to revoke these exceptions either generally or in specific cases. As part of this continuing innovation, you acknowledge and agree that H&C may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at H&C’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform H&C when you stop using the Services.
PUBLIC CONTENT SUBMITED TO H&C
You acknowledge that all information, data, text, photographs, graphics, messages and other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you are entirely responsible for all the Content that you upload, post, email or otherwise transmit via the Services. You acknowledge that any personal data or information (or any other Content) posted to publicly accessible areas may remain publicly accessible indefinitely. Furthermore, you grant H&C the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. H&C and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move or remove any Content that is available via the Services that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. Notwithstanding the rights granted to H&C, the ownership of any materials uploaded remains with the user.
MODIFICATIONS TO THE SERVICE
H&C reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that H&C shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
You agree that H&C in its sole discretion, may terminate your password, account (or any part thereof) or use of the Services, and remove and discard any Content within the Services, for any reason, including, without limitation, for lack of use or if H&C believes that you have violated or acted inconsistently with the letter or spirit of the TOS. H&C may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this TOS may be effected without prior notice, and acknowledge and agree that H&C 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 the Services. Further, you agree that H&C shall not be liable to you or any third-party for any termination of your access to the Services.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognising the global nature of the Internet, you agree to comply with all local laws and rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom, the United States and the country in which you reside (if different from the aforementioned).
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. To the fullest extent permitted by applicable law, you agree that H&C shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Services may provide, or third parties may provide, links to other websites or resources. Because H&C has no control over such sites and resources, you acknowledge and agree that H&C is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that H&C shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
H&C PROPRIETARY RIGHTS
You acknowledge and agree that the Services and any necessary software used in connection with the Services (“Software “) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by H&C or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Software, in whole or in part. H&C grants you a personal, non-transferable and non-exclusive right and licence to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicence, grant a security interest in or otherwise transfer any right in the Software. The foregoing is subject to applicable statute and other express law. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorised access to the Services. You agree not to access the Service by any means other than through the interface that is provided by H&C for use in accessing the Services.
You agree to indemnify and hold H&C and its affiliates, officers, agents, co-branders and other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Services, your use of the Services, your connection to the Services, your violation of the TOS, or your violation of any rights of another.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, H&C EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND OTHER TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED TERM OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY TERM AS TO THE PROVISION OF SERVICES TO A STANDARD OF REASONABLE CARE AND SKILL OR AS TO NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT.
- H&C MAKES NO WARRANTY OR REPRESENTATION THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WIL L BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTA INED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM H&C OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY OR OTHER OBLIGATION NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT H&C SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF H&C HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELA TED TO USE OF THE SERVICE OF THESE TOS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
EXCLUSIONS AND LIMITATIONS
NOTHING IN THESE TOS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIA BIITY FOR DEATH OR PERSONAL INJURY ARISING FROM THE NEGLIGENCE OR FRAUD OF H&C.
Notices to you may be made via email. The Services may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Services.
Horse and Country, the H&C logo, product and service names are trademarks of H&C TV Ltd. You agree not to display or use in any manner the H&C trademarks without prior permission by H&C.
COPYRIGHTS and COPYRIGHT AGENTS
H&C respects the intellectual property of others, and we ask our users to do the same. If you believe that any of your intellectual property rights have been infringed on our site, please review ourcopyright policy and report the problem.
The views of our bloggers are their own and do not represent those of H&C. Comments from others are welcomed using the comment facility. We do not accept responsibility for bloggers’ comments or comments made on blogs and stress that these are their personal opinions only. Blogs are not and should not be seen as news stories or factually checked articles.
These TOS (including the guides and rules referred to herein) constitute the entire agreement between you and H&C and govern your use of the Services, superseding any prior agreements between you and H&C. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and H&C shall be governed by the laws of England. You and H&C agree to submit to the exclusive jurisdiction of the English courts. Any failure by H&C to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. Neither you nor H&C may assign or transfer any rights or obligations under these TOS without the prior written consent of the other party, except that H&C shall be entitled to assign or transfer any or all of its rights and obligations (without your prior consent) to any of its affiliated companies. The section titles in the TOS are for convenience only and have no legal or contractual effect. No Right of Survivorship and Non-Transferability. You agree that your H&C account is non-transferable and any rights to your H&C ID or contents within your account terminate upon your death. Any free account that has not been used for a certain period of time may be terminated and all contents therein permanently deleted in line with H&C’s policy.
Please report any violations of the TOS to H&C Customer Care via the email address here.