TERMS & CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
Please read these terms and conditions of use carefully before you start to use the Website as they represent a binding legal agreement and you will be bound by them. We recommend that you print a copy of these terms for future reference.
By using the Website, you confirm that you accept these terms and conditions of use and that you agree to comply with them.
If you do not agree to these terms and conditions of use, you must not use the Website.
Other Applicable Terms & Policies
The following additional terms also apply to your use of the Website:
Our Standard Trial Licence Agreement and Standard Licence Agreement, which in the absence of any alternative terms being agreed between us in writing, set out the terms in which you may download and use content on our Website.
Information about the owner of the Website
The Website is operated by the DigiHorse MEDIA, INC.. (“We”, “Our”, “Us” “Horses-Videos”). We are registered in Delawere company. You can contact us by writing to us at [email protected].
Changes to these Terms & Conditions
Please note that we reserve the right to revise or amend these terms at any time to reflect changes to our business or changes in the law. We will endeavour to give you reasonable notice of any major changes. However, it is your responsibility to check these terms before each use of the Website.
For the avoidance of doubt, where we have agreed written terms separate to these Terms and Conditions then any amendments to those terms will be governed by the terms of those agreements.
Changes to the Website
We may update and change the website from time to time to reflect changes to our content, our users’ needs, our business priorities or any other reason.
We do not guarantee that the Website, or any content on it, will be free from errors or omissions, nor do we undertake to regularly update the Website or to ensure that content on it is up to date or current.
We may suspend or withdraw the Website
We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw or restrict the availability of all or any part of our site for business and operations reasons. We will try to give you reasonable notice of any suspension or withdrawal.
Use of the Website
The Website is created to enable its visitors to browse and purchase content available to download on the Website.
If you wish to download any content you shall be required to create an account and submit a licensing enquiry form (“Enquiry Form”) after which Horses-Videos will enter into discussions with you with a view to entering into a separate License Agreement with us to permit you to make use of your chosen content.
You must complete all the required information on the Enquiry Form in order for it to be successfully submitted.
Once an Enquiry Form is successfully submitted, Horses-Videos will consider your submission and will aim to respond within 7 working days to the contact details provided in the Enquiry Form.
Horses-Videos reserves the right to decline any submission to grant access to or download content for any reason whatsoever. Horses-Videos is not required to provide you with a reason for refusal but may do so in its absolute discretion.
Nothing in this agreement is to be construed or interpreted as a permission or licence to use any particular content for any purpose. No featured content on the website is to be used for any purpose without the specific written permission of Horses-Videos, which shall only be granted subject to appropriate contract terms after a valid Enquiry Form has been submitted and approved by Horses-Videos.
Where Horses-Videos confirms acceptances of your submission you will, subject to agreeing licence terms, be able to download content on the Website through your account. You can:
download a watermarked test version of your selected content that can be used internally by you to ensure that your systems are properly configured to make use of the final version (“Trial Content”);
download content for an agreed fee (to be paid directly to the bank specified by us, following execution of a separate license and/or download content with credits allocated to your account (“Paid for Content”).
Horses-Videos will seek to agree the terms and conditions of the licence for Trial Content and Paid for Content (“Trial Licence” and “Licence”, respectively). You agree to enter into negotiations in good faith and acknowledge that content cannot be made available to you until the respective licences have been agreed and entered into.
Once the Licence has been entered into, Paid for Content will be available to you in exchange for credits. If you believe you have received the incorrect content (or have received content before you should) you must report this to Horses-Videos within 24 hours and securely delete and destroy such content immediately.
Please note that in the event that Horses-Videos grants you access to any Trial Content or Paid for Content prior to the execution of individually negotiated licence agreements relating to that particular content then your use of it will be governed by:
the Standard Trial Licence Agreement in respect of any Trial Content you download; and
the Standard Licence Agreement in respect of any Paid for Content you download.
When using the Website and our online communications infrastructure including email, any enquiry forms or accessing any content we may offer (including via any licence) users or add in the future on this Website you agree and undertake:
any information you submit is accurate and truthful and you will keep this information accurate and up to date;
to keep your user name and password secure at all times and to contact us immediately at [email protected] if you have reason to believe that they may no longer be secure; that you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.
not to use any other user’s identity to log on to this Website;
not to impersonate other people, particularly employees and representatives of Horses-Videos or our affiliates;
not to use obscene or vulgar language in any communication you make to Horses-Videos or otherwise upload to the Website;
not to submit information or content that is unlawful or otherwise objectionable including, but not limited to, content that is defamatory, abusive, offensive, racist, sexist, homophobic, threatening, vulgar, obscene, hateful, content which promotes or incites violence or is otherwise inappropriate or to post comments which will constitute a criminal offence or give rise to civil liability on this Website;
to refrain from using our Website and online communications systems for unauthorised mass-communication such as “spam” or “junk email”;
not to post or make available any material which may infringe any third party intellectual property rights.
not to upload to this Website files that contain viruses or files or programs that are designed or intended to disrupt, damage or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorised access to any data or other information in the possession of any third party, and you will be solely responsible for any damages from any claims that may arise because you posted files that caused damage to the operation of another person’s software, hardware or telecommunications equipment;
to evaluate for yourself the accuracy, completeness or usefulness of any opinion, advice or other content on this Website; and
to only use this Website and its content for lawful purposes.
Horses-Videos is the owner and/or the licensee of all intellectual property rights inherent in the Website, and in the material published on it including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software. Nothing in these terms or on the Website shall give effect to any transfer of such intellectual property rights from us to you.
In the general use of the website and in the absence of any separate agreement to the contrary:
Your sole right to use the intellectual property inherent in the Website is a non-exclusive licence to make use of such content only as is strictly necessary to enable you to access the Website and to peruse its contents.
You must not modify the paper or digital copies of any materials you have downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on the Website must always be acknowledged.
You must not use any part of the content on the Website for commercial purposes without obtaining a licence to do so from us.
Your Identity and Licence
We reserve the right to reveal your identity and contact details to third parties in order to enable them to exercise their legal rights if we believe that you may have breached any of these terms and conditions.
For your own safety and security, we recommend that you do not publish or otherwise disclose personal information such as your password, credit card number, home address, email address, phone number etc, when using this Website.
If you breach any of these terms and conditions you may be personally liable to any third party that suffers harm as a result.
You agree to hold harmless, indemnify and keep indemnified us, our successors and assigns, our directors, trustees, offices, employees and agents from and against all liabilities, claims, losses, costs, damages and expenses including legal fees which are reasonably incurred by us should you breach any of these terms and conditions.
Limitation of our liability
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, the Website; or
use of or reliance on any content displayed on the Website.
loss of profits, sales, business, or revenue;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.
Further, you acknowledge that the author of each posting on this Website (including the original authors of content) is responsible for his or her comments and actions. Insofar as the law permits, we shall not be liable for any loss, damage or distress incurred as a result of material posted on this Website.
We are not responsible for the accuracy, veracity or reliability of any opinion, advice or statement made on this Website and such communications shall not be considered to be reviewed, screened, monitored, edited or approved by us.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content from it, or from any website linked to it.
We do not guarantee that the Website will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access the Website. You should use your own virus protection software.
You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
Linking to the Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to the Website in any website that is not owned by you.
The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page.
We reserve the right to withdraw linking permission without notice.
Third party rights
These terms are not intended to confer any benefit on any individual that is not a party to it. The parties to these terms agree that not party shall have any right to enforce its terms or to compel its performance.
Third party website links & resources in the Website
Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those sites or resources.
We assume no responsibility for the content of websites linked to from the Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
If you do link from the Website to other websites, your use thereof will also be subject to those websites’ terms and conditions.
Inclusion of any material in advertisements or sponsors’ materials on this Website does not constitute any guarantee or endorsement as to the quality or value of any of the products or services advertised or any claims made for the products or services by the manufacturer. Any correspondence or dealings which you may have with advertisers or sponsors promoting themselves on this Website are solely between you and that party. We shall not be responsible or liable for any loss or damage of any kind incurred as a result of any such dealing or as a result of the presence of such advertisers on the Website.
If you would like to contact us, please refer to the contact us page on our Website. Or alternatively, please email