Terms
and conditions:
Horseslogo.com Limited (“Horseslogo”)
is a leading classifieds platform that offers sellers the opportunity to list
products and services under a number of categories, and the opportunity for
buyers to browse, search for, and contact sellers to buy the listed products or
services.
In this Terms of Use the following words and
expressions shall have the meanings hereby assigned to them:
Service(s) means any products, services,
content, features, technologies, or functions, and all related websites,
applications and services offered to you by us.
Platform(s) means the websites, mobile apps,
mobile sites, or other online properties through which we offer our Services.
The Terms of Use sets forth the agreement
between you and Horseslogo. It governs the use of the
Services and Platforms we offer.
These Terms of Use provide you with
information about the terms upon which we agree to
provide, permit and allow you to access and use the Platforms. Please print a
copy of these Terms of Use and refer to it as you use our Platforms and
Services. You agree to be bound by these Terms of Use if you continue using the
Platforms. If you do not agree to these Terms of Use, you must immediately
refrain from using the Platforms and the Services.
We may make changes and/or updates and/or
modifications partially and/or fully to the Terms of Use anytime. IF ANY
FUTURE CHANGES AND/OR UPDATES AND/OR MODIFICATIONS ARE UNACCEPTABLE TO YOU, YOU
SHOULD DISCONTINUE USING THE PLATFORMS AND SERVICES. YOUR CONTINUED USE OF THE
PLATFORMS AND SERVICES NOW OR FOLLOWING THE POSTING OF ANY SUCH CHANGES AND/OR
UPDATES AND/OR MODIFICATIONS WILL INDICATE YOUR ACCEPTANCE OF THESE TERMS AND ANY
CHANGES AND/OR UPDATES AND/OR MODIFICATIONS MADE THERETO.
1. ACCEPTANCE OF THESE
TERMS OF USE
1.1 The Platform and the Service are provided
to you subject to these Terms of Use (referred to herein as the “Terms”). By
accessing the Platform or using the Service, you agree that you have read,
understood and agree to be bound by these Terms and the Privacy Policy. For the
purpose of the Terms and wherever the context so requires, the terms “you” and
“your” shall mean any person who uses the Platform or the Service in any manner
whatsoever including without limitation to persons browsing or/and searching
the Platform and its content, posting comments, chatting or any content or
responding to any listing or content on the Platform.
1.2 By accessing and/or using the Platform
and/or the Service, you agree to comply with these Terms. Additionally, when
using a portion of the Service, you agree to conform to any applicable posted
guidelines for such Service, which may change and/or be updated from time to
time at Horseslogo’s sole discretion. Such
changes are effective on the date that they have been posted on the website.
1.3 You are solely responsible for reviewing
these Terms from time to time. Should you object to any term or condition of
these Terms, any guideline, or any subsequent changes thereto or become unhappy
with Horseslogo or the Service in any way, you must
immediately discontinue use of the Platform and the Service, otherwise, such
continued use shall be deemed to be an explicit consent of these Terms.
1.4 These Terms may be updated by Horseslogo at any time at its sole discretion. It is your
responsibility to check the latest Terms and keep a copy of these Terms.
1.5 Horseslogo may provide a translation of the English
version of the Terms into other languages. Any translation of the Terms into
other languages is for your convenience only and the English version shall
supersede and govern the terms of your relationship with Horseslogo
regardless of any other translation that may be provided thereto. Furthermore,
if there are any inconsistencies between the English version of the Terms and
any translation, the English version of the Terms shall prevail.
2. DESCRIPTION OF
SERVICE AND CONTENT POLICY
2.1 The legal responsibilities and liabilities
of Horseslogo are excluded or limited; you take on
risk, responsibilities, and liability; and – any rights you have against Horseslogo are limited or excluded. The statements made in
this Section constitute acknowledgements of fact by you. You must read these
statements carefully and ensure they are correct, as you will not be able to
deny the truth of the statements. Horseslogo and/or
other people may have claims and other rights against you because of these
statements.
2.2. Horseslogo is a
platform to allow our users who comply with these Terms to offer, sell, and buy
products and services listed on the Platform. Although you may be able to
conduct payment and other transactions through the Platform, using third-party
vendors, Horseslogo is not in any way involved in
such transactions, including but not limited to payment of any sales or
applicable taxes. As a result, and as discussed in more detail in these Terms,
you hereby acknowledge and agree that Horseslogo is
not a party to such transactions, has no control over any element of such
transactions, and, as far as the law allows, shall have no liability towards
any party in connection with such transactions. Horseslogo
does not provide any warranty or guarantee and assumes no liability for any
products sold or purchased, or services listed, or any kind of promotion for
investment opportunities, and is not responsible for any returns, refunds, or
disputes between users of the Platform. As far as the law allows, you use the
Service and the Platform at your sole risk and responsibility.
2.3 You understand that Horseslogo is not responsible for listings, ads, user
generated content, directory information, business listings/information,
messages between users, including without limitation e-mails or chats or other
means of electronic communication, whether through the Platform or another
Third Party Platform (defined below) or offerings, comments, user postings,
files, images, photos, video, sounds, business listings/information and
directory information or any other material made available through the Platform
and the Service (hereinafter referred to as the”Content”),
and that by using the Platform and the Service, you may be exposed to Content
that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.
As far as the law allows, you are responsible for and must evaluate, and bear
all risks associated with, the use of any Content. You may not rely on said
Content, and under no circumstances will Horseslogo
be liable in any way for the Content or for any loss and/or damage of any kind
incurred because of the browsing, searching, using, or reading any Content
listed, e-mailed, or otherwise made available via the Service. Horseslogo is not obliged to pre-screen or approve any
Content, but Horseslogo has the right, in its sole
and absolute discretion, to refuse, delete or move any Content that is or may
be available through the Service, for violating these Terms and such violation
being brought to Horseslogo’s knowledge or for any
other reason or no reason at all. Furthermore, the Platform and Content
available through the Platform may contain links to other third-party websites
(hereinafter referred to as “Third Party Platforms”) which are completely
unrelated to Horseslogo. If you link to Third Party
Platforms, you may be subject to those Third-Party Platforms’ terms and
conditions and other policies. As far as the law allows, Horseslogo
makes no representation or guarantee as to the accuracy or authenticity of the
information contained in any such Third-Party Platforms, and your linking to
any other websites is, as far as the law allows, completely at your own risk
and Horseslogo disclaims all liability thereto.
2.4 You are solely responsible for your own
Content posted on, transmitted through, or linked from the Service and the
consequences of posting, transmitting, linking, or publishing it. More
specifically, you are solely responsible for all Content that you upload, email
or otherwise make available via the Service. In connection with such Content posted
on, transmitted through, or linked from the Service by you, you affirm,
acknowledge, represent, warrant, and covenant that:
·
You own or have and shall continue to, for such time the Content
is available on the Platform, have the necessary licenses, rights, consents,
and permissions to use such Content on the Service and Platform (including
without limitation all patent, trademark, trade secret, copyright or other
proprietary rights in and to any and all such Content) and authorize Horseslogo to use such Content in any way but not limited
to enable inclusion and use of the Content in the manner contemplated by the
Service, the Platform and these Terms; and
·
You have the written consent, release, and/or permission of each
and every identifiable individual person or business in the Content to use the
name or likeness of each and every such identifiable individual person or
business to enable inclusion and use of the Content in the manner contemplated
by the Service, the Platform, and these Terms. For clarity, you retain all of
your ownership rights in your Content; however, by submitting any Content on
the Platform, you hereby grant to Horseslogo an
irrevocable, non-cancellable, perpetual, worldwide, non-exclusive,
royalty-free, sub-licensable, transferable license to use, reproduce,
distribute, prepare derivative works of, display, and perform the Content in
connection with the Platform and Horseslogo’s (and
its successors’ and/or subsidiaries and/or affiliates) business, including
without limitation for the purpose of promoting and redistributing part or all
of the Platform and Content therein (and derivative works thereof) in any media
formats and through any media channels now or hereafter known. These rights are
required by Horseslogo to host and display your
Content. Furthermore, by you posting Content to any area of the Service, you
agree to and do hereby grant to Horseslogo all rights
necessary to prohibit or allow any subsequent aggregation, display, copying,
duplication, reproduction, or exploitation of the Content on the Service or
Platform by any party for any purpose, which contravenes these Terms. These
rights are perpetual, cannot be revoked by you, will apply, and can be
exercised throughout the world. You also hereby grant each user of the Platform
a non-exclusive license to access your Content through the Platform (this
license excludes automated data collection/scraping cases and any other use with
commercial purposes).
·
Horseslogo does not endorse any Content, or any opinion,
statement, recommendation, or advice expressed therein, and, as far as the law
allows, Horseslogo expressly disclaims any and all
liability in connection with user Content. Horseslogo
does not permit copyright infringing activities and infringement of
intellectual property rights on the Platform, and Horseslogo
may, at its sole discretion, remove any infringing Content. Horseslogo
reserves the right to remove any Content without prior notice. Horseslogo may also terminate a user’s access to the
Platform. Further, at its sole discretion, Horseslogo
reserves the right to decide whether any Content is appropriate and complies
with these Terms.
2.5 The below practices are considered
prohibited on Horseslogo:
·
Creating multiple accounts
·
Selling any accounts
·
Creating any account with false or misleading information
·
Posting duplicate content
·
Deleting and reposting the same listing
·
Posting content with misleading titles, content, or images
·
Posting content with inappropriate images
·
Posting content under wrong categories
·
Posting content with unrealistic prices
·
Posting content with links redirecting to other websites
·
Uploading images that contain names, phone numbers or any other
words
·
Posting phone numbers in titles of listings
·
Posting content with prepayment or bank transfer options
·
Posting generic content
·
Posting multiple items in one post
·
Using personal photos to display on profiles for any account,
including but not limited to Shops or other professional accounts
2.6 Any listing / post or message or
comment be it public or private that contains one or more of the below
prohibited content will be deleted, once Horseslogo
identifies it and/or are notified in writing about it and Horseslogo
reserves the right to permanently delete the user account, blacklisting the
account, and/or reporting the content and the user information to Law
Enforcement or the appropriate Authority:
·
Alcoholic Beverages, Liquor, non legal tobacco products, drugs,
non legal psychotropic substances, narcotics, intoxicants of any description,
non legal medicines, palliative/curative substances nor shall you provide link
directly or indirectly to or include descriptions of items, goods or services that are prohibited under any applicable law
(For dietary supplements, slimming products and cosmetic creams, local approval
and business licenses must be provided first).
·
Living, dead person and/or the whole or any part of any human,
which has been kept or preserved by any means whether artificial or natural,
including any blood, bodily fluids and/ or body parts.
·
Prostitution or any other service in the nature thereof that
purports to violate any act, law or regulation regarding the representation of
women or children and the contemporary standards of morality and decency in the
Arab society.
·
Offensive material intended for use in a sexual setting
(including “bondage” and “fetish” items,) displaying sexual activity or
portraying human genitalia in a “life-like” or realistic fashion.
·
“Antiquities” and “Art Treasures” not authorized for sale or
trading under any applicable law.
·
Information or items that are
defamatory, libelous, threatening or abusive in nature.
·
Information that is fraudulent, misrepresenting as to the nature
and use of the goods or the services.
·
Counterfeit, pirated, illegal and/or stolen goods or
unauthorized illegal services (services for which you are not licensed or
permitted to do or do not have the authority to undertake).
·
Items, goods and services that infringe or attempt to pass off
any third parties’ intellectual property or rights of publicity or moral rights
and or purports to breach any persons right to privacy.
·
Electronically transmitting through any medium computer viruses
of any type or any computer program that facilitates hacking of a computer
system with the intent to damage a computer or computer network or intercept
any personal data.
·
Your information shall not include any hate content, that is
derogatory or slanderous in nature that may directed to any individual or group
or advocate violence against any users’ individuals and or animals.
·
Hazardous chemicals and pesticides.
·
Fireworks, destructive devices and explosives including any
material that enables the making of fireworks, explosive triggers and explosive
devices.
·
Identity documents, personal financial records & personal
information (in any form, including mailing lists).
·
Lottery tickets, sweepstakes entries and slot
machines.
·
Military or police badges, uniforms, coats-of-arms and or any
Government emblems, insignia, and/ or items related to military or police that
are not authorized for sale or trading under any applicable law.
·
Weapons and related items (such as firearms, firearm parts and
magazines, ammunition, tear gas, stun guns or switchblade knives).
·
“Pyramid schemes” and “multilevel marketing” and/ or similar
scams which are solely listed for the purpose of defrauding users.
·
Spam, abusive, duplicate, listing, fraud schemes (e.g. “Get rich
quick” “work at homes” scams which are solely listed for the purpose of duping
users)
·
Endangered animal species or animals advertised for fighting or
offensive purposes.
·
Loans, funding services, & financing companies that are not
licensed.
·
Listings for maid or maid’s waiver unless its
locally licensed offices or Companies.
·
Listings or ads with “residence permit transfer”.
·
Drones & their accessories unless its
legal in the country its listed by official authorities.
2.7 Horseslogo
reserves the right to delete any listing / post that, and at its own
discretion, finds it inappropriate, undesirable or prohibited, Sale of animals
without a license from relevant authorities may be a criminal offence in
certain countries (including in the United Arab Emirates, where this is
prohibited in accordance with applicable laws). Horseslogo
reserves the right to remove any post relating to the sale of animals, or
alternatively to request from any advertiser a copy of a valid license for the
sale of animals. If a license is requested by Horseslogo
for any reason and the advertiser fails to provide a copy within the period of
time specified by Horseslogo, Horseslogo
reserves the right to immediately remove any post.
3. VALUE ADDED
SERVICES (“VAS”) AND ONLINE PURCHASES (“OP”)
3.1 Horseslogo offers a variety of value added services
where users may pay a non-refundable fee to have their listings’ posted in
selected locations on the Platform, thus potentially increasing a listing’s
visibility. In order to purchase a paid listing Service, you may be required to
transmit certain information through a third party service provider, a Third
Party Platform, that may be governed by its own terms
of use and other policies. Horseslogo makes no
representation or guarantee as to the safety or security of the information
transmitted to any Third Party Platform, and your linking to any Third Party
Platform is completely at your own risk, and Horseslogo
disclaims all liability related thereto.
3.2 Horseslogo offers a variety of other paid Services
and products where users may pay a non-refundable fee to unlock the number of
listings or to stop ads or any other type of Service as described upon
purchasing on the Platform. In order to purchase any paid product or Service,
you may be required to transmit certain information through a third party
service provider, a Third Party Platform, that may be
governed by its own terms of use and other policies. Horseslogo
makes no representation or guarantee as to the safety or security of the
information transmitted to any Third Party Platform, and your linking to any
Third Party Platform is completely at your own risk, and Horseslogo
disclaims all liability related thereto.
3.3 In respect of any value added service or
other product sold by Horseslogo, Horseslogo
shall have the right to set or otherwise determine an expiration date for that
value added service or product (which date may be amended by Horseslogo at its sole discretion from time to time). If a
customer fails to use a product within the validity period (as communicated by Horseslogo to the customer through any communication means
available to Horseslogo), the customer will no longer
be able to make use of the relevant product following the expiration date
without having the right to receive any compensation or refund from Horseslogo.
4. CONDUCT
You agree not to
publicly or privately post, email, host, display, upload, modify, publish,
transmit, update or share any information on the Platform, or otherwise make
available Content:
1.
That violates any law or regulation.
2.
That is copyrighted or patented, protected by trade secret or
trademark, or otherwise subject to third party other intellectual property or
proprietary rights, including privacy and publicity rights, unless you are the
owner of such rights or have permission or a license from their rightful owner
to post the material and to grant Horseslogo all of
the license rights granted herein.
3.
That infringes any of the foregoing intellectual property rights
of any party, or is Content that you do not have a right to make available
under any law, regulation, contractual or fiduciary
relationship(s);
4.
That is harmful, abusive, unlawful, threatening, harassing,
blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive
of another’s privacy or other rights, hateful, or racially, ethnically
objectionable, disparaging, relating, or encouraging money laundering or
illegal gambling or harms or could harm minors in any way or otherwise unlawful
in any manner whatsoever.
5.
That harasses, degrades, intimidates or is hateful towards any
individual or group of individuals on the basis of religion, gender, sexual
orientation, race, ethnicity, age, or disability.
6.
That violates any (local) equal employment laws, including but
not limited to those prohibiting the stating, in any advertisement for
employment, a preference or requirement based on race, color, religion, sex,
national origin, age, or disability of the applicant.
7.
That includes personal or identifying information about another
person without that person’s explicit consent.
8.
That impersonates any person or entity, including, but not
limited to, an Horseslogo
employee, or falsely states or otherwise misrepresents an affiliation with a
person or entity.
9.
Deceives or misleads the addressee about the origin of such
messages or communicates any information which is grossly offensive or menacing
in nature.
10. That is false,
deceptive, misleading, deceitful, misinformative, or
constitutes “bait and switch” offer.
11. That constitutes or
contains “network marketing”, “multi-level marketing”, “Ponzi
and pyramid schemes,” “affiliate marketing,” “link referral code,” “junk mail,”
“spam,” “chain letters,” or unsolicited advertisements of a commercial
nature.
12. That constitutes or
contains any form of advertising or solicitation if (1) posted in areas or
categories of the Platform which are not designated for such purposes; or (2)
e-mailed to Horseslogo users who have requested not
to be contacted about other services, products or commercial interests.
13. That includes links to
commercial services or Third-Party Platforms, except as specifically allowed by
Horseslogo;
14. That advertises any
illegal services or the sale of any items the sale of which is prohibited or
restricted by applicable law, including without limitation items the sale of
which is prohibited or regulated by applicable law of local
jurisdiction.
15. That contains software
viruses, or any other computer code, files or programs designed to interrupt,
destroy, or limit the functionality of any computer software or hardware or
telecommunications equipment or any other computer resource.
16. That disrupts the
normal flow of dialogue with an excessive number of messages (flooding attack)
to the Service, or that otherwise negatively affects other users’ ability to
use the Service; or
17. That employs
misleading email addresses, or forged headers or otherwise manipulated
identifiers to disguise the origin of Content transmitted through the
Service.
Additionally, you
agree not to:
1.
Contact anyone who has asked not to be contacted or make
unsolicited contact with anyone for any commercial purpose, specifically,
contact any user to post advertisement on a third-party Platform or post any
advertisement on behalf of such user; or to “stalk” or otherwise harass
anyone.
2.
Make any libelous or defamatory comments or postings to or
against anyone.
3.
Collect personal data about other users or entities for
commercial or unlawful purposes.
4.
Use automated means, including spiders, robots, crawlers, data
mining tools, or the like to download or scrape data from the Service, except
for internet search engines (e.g,.
Google) and non-commercial public archives (e.g., archive.org) that comply with
our robots.txt file.
5.
Post Content that is outside the local area or not relevant to
the local area, repeatedly post the same or similar Content, or otherwise
impose unreasonable or disproportionately large loads on our servers and other
infrastructure.
6.
Post the same item or service in multiple classified categories
or forums, or in multiple areas or/and cities; or/and
neighborhoods.
7.
Attempt to gain unauthorized access to computer systems owned or
controlled by Horseslogo or engage in any activity
that disrupts, diminishes the quality of, interferes with the performance of,
or impairs the functionality of, the Service or the Platform.
8.
Use any form of automated device or computer program (sometimes
referred to as “flagging tools”) that enables the use of Horseslogo’s
“flagging system” or other community control systems without each flag being
manually entered by a human that initiates the flag (an “automated flagging
device”), or use any such flagging tool to remove posts of competitors, other
third parties or to remove posts without a reasonable good faith belief that
the post being flagged violates these Terms or any applicable law or
regulation;
9.
Use any automated device or software that enables the submission
of automatic postings on Horseslogo without human
intervention or authorship (an “automated posting device”), including without
limitation, the use of any such automated posting device in connection with
bulk postings, or for automatic submission of postings at certain times or
intervals; or
10. Any Content uploaded
by you shall be subject to relevant laws and may be disabled or deleted, and/or
may be subject to investigation under appropriate laws. Furthermore, if you are
found to be in non-compliance with the laws and regulations, these Terms, or
the Privacy Policy of the Platform, Horseslogo may terminate
your account/block your access to the Platforms or Services and Horseslogo reserves the right to remove any non-compliant
Content uploaded by you without any prior notice, and shall not be held liable
in any way whatsoever.
5. PAID POSTINGS
Horseslogo may charge a fee to post Content in some
areas of the Service. The fee permits certain Content to be posted in a
designated area of the Platform. Each party posting Content to the Platform
or/and Service is responsible for said Content and compliance with the Terms.
Any such fees paid hereunder are non-refundable in the event any Content is
removed from the Service for violating these Terms.
If a user fails to pay all amounts due within
the time agreed with Horseslogo, then Horseslogo shall have the right (at its sole discretion) to
suspend any service provided or prevent the user from accessing the platform,
even if the user pays part of the amounts which are due or outstanding.
6. NOTIFICATION OF
CLAIMS OF INFRINGEMENTS
Horseslogo is not liable for any infringement of
copyright and/or any other intellectual property rights, arising out of
materials posted on or transmitted through the Platform, or items advertised on
the Platform, by end users or any other third parties.
If you are an owner of intellectual property
rights or an agent who is fully authorized to act on behalf of the owner of
intellectual property rights and believe that any Content or other content
infringes upon your intellectual property right or intellectual property right
of the owner on whose behalf you are authorized to act, you may submit a
notification to Horseslogo together with a request to
Horseslogo to delete the relevant Content in good
faith. Horseslogo’s cooperation shall not be
considered in any manner whatsoever an acknowledgment of its responsibility
and/or liability in whole or in part for any such infringement The notification and the request must contain the following
information:
·
A physical or electronic signature of a person authorized to act
on behalf of the owner of an exclusive right that is allegedly
infringed;
·
Identification of the intellectual property rights claimed to
have been infringed, or, if multiple intellectual property rights at a single
online site are covered by a single notification, a representative list of such
works at that site;
·
Identification of the Content (by means of data or communication
link, Post ID, listing ID etc.) 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 Horseslogo to locate the material;
·
Information reasonably sufficient to permit Horseslogo
to contact you, such as an address, telephone number, and, if available, an
electronic mail address;
·
A signed statement that you have a good faith belief that use of
the material in the manner complained of is not authorized by the intellectual
property right-owner, its agent, or the law;
·
A signed statement that the intellectual property-owner holds Horseslogo harmless from any claim of any third party in
connection with the removing by Horseslogo of the
relevant content; and
·
Signed 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.
·
Notifications must be sent to Horseslogo
via the Help Center or the Contact Us section.
7. NO SPAM POLICY
This Section has important legal consequences
for you. In this section you take on risk, responsibilities and liability. This
may result in you being punished under applicable criminal laws, and/or you
becoming financially liable to Horseslogo and/or
other persons for additional amounts. You understand and agree that sending unsolicited email advertisements or other
unsolicited communications to Horseslogo users or
email addresses or through Horseslogo computer
systems are expressly prohibited by these Terms. You acknowledge and agree that
from time to time Horseslogo may monitor usage using
human monitors or automated software to flag certain words associated with spam
or scams in that are sent between one user to another in the Horseslogo’s systems, Services and Platforms be it public
or private. Any communication between yourself and any other user utilizing the
communication features available on the Service and the Platform may be used
only in accordance with the Terms. Any unauthorized use of Horseslogo
computer systems is a violation of these Terms and certain applicable laws, in
particular and without limitation to the cybercrimes legislation of any
applicable law. Such violations may subject the sender and his or her agents to
civil and criminal penalties. Please note that the cybercrimes legislation
carries significant penalties including imprisonment. In case you intend to
solicit or contact our users by obtaining any of their information, email or
phone numbers from our Platform, we may report this behavior to the relevant
authorities, who then may decide to prosecute you under the relevant country’s
laws.
8. LIMITATION AND
TERMINATION OF SERVICE
This Section has important legal consequences
for you. In this Section: – the legal responsibilities and liability of Horseslogo are limited or excluded; – the rights or
remedies you may have against Horseslogo are limited
or excluded; and – you take on risk, responsibilities and liability. Horseslogo may establish limits from time to time
concerning use of the Service, including among others, the maximum number of
days that Content will be maintained or retained by the Service, the maximum
number and size of postings, e-mail messages, chat messages, or other Content
that may be transmitted or stored by the Service publicly or privately, and the
frequency with which you may access the Service or the Platform. As far as the
law allows, Horseslogo has no responsibility or
liability for the deletion or failure to store any Content maintained or
transmitted by the Platform or the Service. Horseslogo
reserves the right at any time to modify or discontinue the Service (or any
part thereof) with or without notice, including in the event that the user
breaches these Terms of Use or any contract entered into with Horseslogo or the user failing to pay (or delaying the
payment of) any amounts which are due within the time period agreed with Horseslogo without procuring the prior approval of Horseslogo. and that Horseslogo shall not be liable to you or to any third party
for any such modification, suspension or discontinuance of the Service. You
acknowledge and agree that Horseslogo, in its sole
and absolute discretion, has the right (but not the obligation) to delete or
deactivate your account, block your e-mail or IP address, or otherwise
terminate your access to or use of the Service (or any part thereof),
immediately and without notice, disable or stop any VAS or OP, and remove and
discard any Content within the Service, for any reason or no reason at all.
Further, as far as the law allows, you agree that Horseslogo
shall not be liable to you or any third-party for any termination of your
access to the Platform or the Services.
9. ABILITY TO ACCEPT
TERMS OF SERVICE
This Platform is intended only for adults and
that you are eligible to contract as per applicable laws. If you are
using/accessing this Platform as a representative of any person/entity, you
acknowledge that you are legally authorized to represent that person/entity.
Minors are only allowed to access the Platform and use the Service, in the
event of approval of their legal representatives or in the event that it
concerns an act or a transaction that is usual and acceptable standard in civil
life and practice. You affirm that you are either at least 18 years of age, or
an emancipated minor, or possess legal parental or guardian consent, and are
fully able and competent to enter into the terms, conditions, obligations,
affirmations, agreements, representations, and warranties set forth in these
Terms, and to abide by and comply with these Terms. If you are a minor and want
to contact us, you may only do so through your parent or legal guardian.
10. ASSIGNMENT
These Terms, and any rights and licenses
granted hereunder, may not be transferred or assigned by you, but may be
assigned by Horseslogo without restriction. Any
assignment or transfer by you shall be null and void.
11. DISCLAIMER OF
WARRANTIES
In this Section: – the legal responsibilities
and liability of Horseslogo are limited or excluded;
– the rights or remedies you may have against Horseslogo
are limited or excluded; and – you take on risk, responsibilities and
liability. There are things that may go wrong when using the Platform and/or
the Service, including what is listed in this Section. Horseslogo
is not responsible or liable for anything that goes wrong, including without
limitation to what is listed in this Section. You use the Platform and the
Service knowing and accepting that these things can go wrong and that there are
risks. AS FAR AS THE LAW ALLOWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE
OF THE PLATFORM AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT THE
PLATFORM AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS,
WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES,
INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY
DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT
PERMITTED BY LAW, HORSESLOGO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM
AND YOUR USE THEREOF. HORSESLOGO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OF THE PLATFORM’S CONTENT OR THE CONTENT OF ANY
THIRD PARTY PLATFORMS LINKED TO THE PLATFORM 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 THE PLATFORM AND SERVICE, (III) ANY UNAUTHORIZED
ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR
THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM 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,
COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM OR THE
SERVICE. HORSESLOGO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD
PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED PLATFORM OR FEATURED IN ANY
BANNER OR OTHER ADVERTISING, AND HORSESLOGO WILL NOT BE A PARTY TO OR IN ANY
WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER
USERS AND/OR 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. AS FAR AS
THE LAW ALLOWS, IN NO EVENT SHALL HORSESLOGO, ITS OFFICERS, DIRECTORS,
EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF HORSESLOGO HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE
PLATFORM OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE
FROM USE OR MISUSE OF THE PLATFORM OR THE SERVICE, FROM INABILITY TO USE THE
PLATFORM OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION,
ALTERATION, OR TERMINATION OF THE PLATFORM OR THE SERVICE, (iv) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT, (v) PERSONAL INJURY OR PROPERTY DAMAGE
RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM AND SERVICE, (vi) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (vii) ANY INTERRUPTION
OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (viii) ANY BUGS, VIRUSES,
TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM
BY ANY THIRD PARTY, (ix) ANY ERRORS OR OMISSIONS IN ANY CONTENT, (x) ANY LOSS
OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE
PLATFORM OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH
RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED
THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR THE SERVICE OR ANY
LINKS ON THE PLATFORM, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR
ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR THE
SERVICE OR ANY LINKS ON THE HORSESLOGO SITE. THESE LIMITATIONS SHALL APPLY TO
THE FULLEST EXTENT PERMITTED BY LAW. AS FAR AS THE LAW ALLOWS, YOU SPECIFICALLY
ACKNOWLEDGE AND AGREE THAT HORSESLOGO SHALL NOT BE LIABLE FOR USER SUBMISSIONS
OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND
THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
HORSESLOGO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PLATFORM IS
APPROPRIATE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE PLATFORM
FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND RISK AND ARE
RESPONSIBLE FOR COMPLIANCE WITH THE LAW.
12. LIMITATIONS OF
LIABILITY
IN NO EVENT SHALL HORSESLOGO, ITS OFFICERS,
DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF HORSESLOGO HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR
USE OF THE PLATFORM OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE
DAMAGES ARISE FROM USE OR MISUSE OF THE PLATFORM OR THE SERVICE, FROM INABILITY
TO USE THE PLATFORM OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION,
MODIFICATION, ALTERATION, OR TERMINATION OF THE PLATFORM OR THE SERVICE. SUCH
LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY
REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN
CONNECTION WITH THE PLATFORM OR THE SERVICE OR ANY LINKS ON THE PLATFORM, AS
WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR
ADVERTISED IN CONNECTION WITH THE PLATFORM OR THE SERVICE OR ANY LINKS ON THE
HORSESLOGO SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED
BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT HORSESLOGO SHALL NOT BE
LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF
ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING
RESTS ENTIRELY WITH YOU. YOU WILL INDEMNIFY AND HOLD US HARMLESS FROM ANY
CLAIM OR DEMAND, REASONABLE LEGAL FEES, MADE BY ANY THIRD PARTY DUE TO OR
ARISING OUT OF YOUR BREACH OF THIS TERMS OF USE INCLUDING ANY CLAIM AGAINST US
FOR INTELLECTUAL PROPERTY INF, YOUR IMPROPER USE OF OUR PLATFORM OR YOUR BREACH
OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
13. ACCEPTANCE OF THIS TERMS OF USE
You acknowledge you have read the Terms of Use
and agree to all its terms and conditions. By accessing and using the Platforms
and Services you agree to be bound by Privacy Policy and the Terms of Use. If
you do not agree to abide by the terms of these terms, Terms of Use, Privacy
Policy and our other Policies, you are not authorized to access or use the
Platforms and Services.
14. MISCELLANEOUS
14.1 You agree that with respect to any
claim or dispute at law or equity that has arisen, or may arise, between you
and Horseslogo (or any related third parties) that
relates in any way to the Terms, your use of or access of the Platform and the
Services will be resolved pursuant to the laws of England and Wales without
regard to principles of conflict of laws.
14.2 You agree that any and all
disputes or claims that have arisen, or may arise, between you and Horseslogo (or any related third parties) that relate in
any way to or arise out of the Terms, your use of or access to our Platforms or
Services, the actions of Horseslogo or its agents, or
any products or services sold, offered, or purchased through our Services shall
be resolved exclusively through final and binding arbitration, rather than in
court. The arbitration will be conducted under the DIFC-LCIA Arbitration
Rules as amended from time to time after notice has been provided to the other
party. The number of arbitrators shall be one, chosen and appointed in
accordance with the DIFC-LCIA Arbitration Rules. The seat of arbitration shall
be in the Dubai International Finance Centre. The language used in the arbitral
proceedings shall be English.
14.3 If any provision of the Terms is held to
be invalid, void or for any reason unenforceable, such provision shall be
struck out and shall not affect the validity and enforceability of the
remaining provisions.
14.4 Headings are for reference purposes only
and do not limit the scope or extent of such Section. Our failure to act with
respect to a breach by you or others does not waive our right to act with
respect to subsequent or similar breaches. We do not guarantee we will act
against all breaches of the Terms.
14.5 The Terms and all terms and policies
posted through our Services set forth the entire understanding and
agreement between you and Horseslogo, and supersede
all prior understandings and agreements of the parties.
14.6 The following Sections survive any
termination of the Terms: Conduct; Disclaimer of Warranties. Limitations
of Liability and Miscellaneous.