TERMS & CONDITIONS OF SERVICE
HORSEYHOTTIES LIMITED
1. Definitions and Interpretation
1.1
“Account” means the HorseyHotties user account referred to in clause 2, which the User activates by creating a profile name
“Advertiser” means a company who from time to time advertises its goods or services on the Application via agreement with Apple Inc and/ or HorseyHotties.
“Agreement” means the agreement for the provision of the Application by HorseyHotties to the User as contained in these Conditions
“Application” means the application created by HorseyHotties to provide a location-
“App Store” means the app store, operated and owned by Apple Inc and protected by a trademark, registered in the US and other countries.
“Services” means the services accessible to all Users via the Application
“Intellectual Property” means all or any trademarks, trade names, patents, know-
“Mobile Device” means a mobile phone or other mobile communication device which is compatible with the Application
“Open-
“Paid Services” means the services accessible to a User who has upgraded to a subscription at the quoted rates.
“Profile” means the public view of a User’s Account
“Software” means software used in the creation of the Application (part of which
contains or is derived from Open-
“User” means an individual who installs the Application
“HorseyHotties” means HorseyHotties Limited (company number 07763183) whose registered office is at The Croft, Cuddington, Malpas, Cheshire, United Kingdom, SY14 7AJ.
1.2 Words denoting the masculine gender shall include the feminine and neuter genders and vice versa and words denoting the singular shall include the plural and vice versa.
1.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.
1.4 Any reference in these Conditions to any provision of a statute shall be construed
as a reference to that provision as amended, re-
2. Installing the Application
2.1 By installing the Application, the User confirms acceptance of this agreement, agrees to be legally bound by its terms, and warrants that all details provided to HorseyHotties are accurate and complete. A copy of these terms and conditions may be obtained by the User emailing a request to help.app@horseyhotties.com.
2.2 Before the User can begin to access the Services, he must create an Account with HorseyHotties. Users who have created an Account will automatically be entitled to access the Services.
2.3 The Services will contain advertisements by Advertisers.
2.4 HorseyHotties will accept no liability for any authorised or unauthorised use of the User’s Account by an individual other than the User.
3. Upgrading to the Paid Service
3.1 The User may at any time request to subscribe to the Paid Services via the App Store.
4. Supply of the Application
4.1 HorseyHotties may temporarily suspend the Application or parts of the Application in order to complete repairs, planned maintenance or upgrades to the Application. Although HorseyHotties will use reasonable endeavours to correct all faults to the Application within a reasonable period of time, they cannot guarantee the availability of the Application.
4.2 HorseyHotties may at any time alter the content of the Application without communicating the alteration to the User.
5. Cancellation
5.1 If after subscribing to the Paid Services, the User subsequently wishes to cancel his subscription, he can do so only to the extent permitted by the App Store’s terms and conditions.
6. Intellectual Property Rights
6.1 Intellectual Property rights in the Application shall remain the property of
HorseyHotties, but HorseyHotties shall grant to the User a non-
6.2 The User acknowledges and agrees that HorseyHotties and/or its licensors own all Intellectual Property rights in the Software. Except as expressly stated herein, this agreement does not grant the User any rights to, or in, patents, copyrights, database rights, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the Software.
6.3 The User acknowledges that by uploading information onto his Profile, he is granting
HorseyHotties a non-
6.4 HorseyHotties confirms that it has all the rights in relation to the Software that are necessary to grant all the rights it purports to grant under, and in accordance with, the terms of this agreement.
7. No Unlawful or Prohibited Use
7.1 The User warrants that he is aged 17 or over.
7.2 The User warrants that he will only use the Application in a personal capacity, not to promote or advertise any business or other commercial activities.
7.3 The User further warrants that he does not have, and has never had, a restraining order made against him in any jurisdiction, and does not have any previous or pending convictions for any violent offences.
7.4 The User may not lend, hire, sublicense, broadcast, distribute, exchange, give away, modify, disable or offer the Software or transfer the Software to any third party without the prior written consent of HorseyHotties.
7.5 The User may not reverse–engineer, disassemble, decrypt, export, re-
8. Warranties and Liability
8.1 HorseyHotties does not warrant that the Application will remain fully operational at all times or that access to the User’s Account will be uninterrupted or without error.
8.2 HorseyHotties will endeavour to remedy any error or problem with the Application as soon as reasonably practicable, but they cannot guarantee that correction of any error or problem with the Application will be provided within any specific timescale.
8.3 HorseyHotties shall not be liable to the User or deemed to be in breach of these Conditions by reason of any delay in performing or failure to perform any of its obligations in relation to the provision of the Application if the delay or failure is due to any cause beyond HorseyHotties’s control.
8.4 HorseyHotties gives no warranty for the quality or reliability of the services provided by the App Store or any Advertiser.
8.5 HorseyHotties shall not be liable to the User for any loss of connection to the
Internet from their Mobile Device, or malfunction or failure of the in-
8.6 HorseyHotties shall not be responsible for the information uploaded on an individual User’s Profile and any opinions contained in a User’s Profile do not represent the opinions of HorseyHotties. HorseyHotties will not be liable to the User for any content on the Application or any websites of applications of any Advertiser which the User finds offensive, discriminatory or otherwise unacceptable.
8.7 The User’s use of the Application is at the User’s sole risk and HorseyHotties is not responsible for any loss or damage caused to the User or any third party by the User’s interaction, whether electronic, in person or otherwise, with other Users.
8.8 The User must observe the terms and conditions of the App Store and any Advertisers. HorseyHotties shall not be liable for the User’s failure to comply with these terms and conditions.
8.9 Except in respect of death or personal injury caused by HorseyHotties’s negligence or as expressly provided in these Conditions, HorseyHotties shall not be liable to the User by reason of any representation (unless fraudulent) or any implied warranty, condition or other term, any duty at common law, or under the express terms of the agreement, for any loss of profit, business or data or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of HorseyHotties or its servants or agents or otherwise) which arise out of or in connection with the provision of the Application or its use by the User. The User accepts that such limitation of liability is reasonable in all the circumstances. Should a court find HorseyHotties liable in any circumstances, their liability to the User will not exceed £100.
8.10 All warranties, indemnities and exclusions in this agreement shall survive termination of the User’s Account.
8.11 The User agrees to indemnify HorseyHotties in respect of any claim (and the associated legal costs) made against HorseyHotties by a third party as a result of his use of the Application.
9. User’s obligations
9.1 The User is responsible for all content (including text, photos, video and audio)
uploaded to his Account or Profile and must not use the Application to store, send,
distribute, disseminate or knowingly receive the following types of content:-
9.1.1 anything which may defame, abuse, harass, threaten or otherwise violate the legal rights of others;
9.1.2 any inappropriate profane, defamatory, obscene, indecent or unlawful images, material or information, including (but not limited to) pornography and other sexually explicit material;
9.1.3 any images, material or information which incite or are likely to incite discrimination, hate or violence towards one person or a group because of their sex or sexual orientation or because of their belonging to a race, a religion or a nation or that insult the victims of crimes against humanity by contesting the existence of those crimes;
9.1.4 any images, material or information that infringe the intellectual property of any party;
9.1.5 material that contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted or any other similar software or programs that may damage the operation of another’s computer or property of another;
9.1.6 images, material or information that violate any applicable laws or regulations;
9.1.7 spam or unsolicited advertising or promotional material;
9.1.8 images, material or information that cause or are likely to cause annoyance, inconvenience or needless anxiety to any person.
9.2 The list at clause 9.1 above is non-
9.3 By uploading content onto his Profile, the User confirms that he has all the applicable licences, consents, rights and permissions to use, and allow HorseyHotties to use, the content, and upload it onto the Application for public sight and use.
9.4 The User must not use the Application to harass, stalk, abuse, threaten, impersonate, solicit or defraud other Users.
9.5 When using the Application, the User must comply with the local laws and regulations of the country, state and/ or region in which he is physically located. HorseyHotties reserves the right to monitor (but is not responsible for doing so) the User’s use of the Application, and may terminate the User’s Account and/ or report the User to the relevant authorities if they believe the User is in breach of any of the said laws or regulations.
10. Data Protection
10.1 HorseyHotties warrants that it is registered under the Data Protection Act 1998 and will comply with the provisions of the Act. HorseyHotties will supply the User with a copy of its data protection compliance policy upon request via email to help.app@horseyhotties.com.
10.2 In providing personal data in order to create an Account, the User accepts that he is giving HorseyHotties permission to use the data provided as it sees fit and HorseyHotties accepts no liability for its use of such personal data.
11. Privacy
11.1 HorseyHotties will take appropriate steps to protect the User’s privacy. Where the User provides sensitive information, HorseyHotties will take reasonable steps to protect such information. HorseyHotties will also take reasonable security measures to protect the User’s personal information in storage.
11.2 The Application may provide links to third party applications and/ or websites. Since HorseyHotties does not control such applications or websites, the User is responsible for reviewing and abiding by the privacy policies of such third party sites.
11.3 Any personal information provided by the User shall be kept confidential by HorseyHotties, but the foregoing shall not apply to information which HorseyHotties is required to disclose by law and/ or any personal information which is public knowledge at the time when it is so provided, and it shall cease to apply if at any future time it becomes public knowledge through no fault of HorseyHotties.
12. Termination
12.1 The User may at any time terminate his Account with HorseyHotties by deleting his Profile.
12.2 HorseyHotties reserves the right to discontinue the Application and terminate the User’s Account with reasonable notice, deleting any information on the User’s Account without the User’s prior consent.
12.3 HorseyHotties may terminate the User’s Account with immediate effect and without prior warning if the User is in breach of any of these Conditions.
13. Problems and complaints
13.1 If the User experiences a problem in relation to his use of the Application he should either click on the ‘report’ button in the Application to report the problem to HorseyHotties or email details of the problem experienced to help.app@horseyhotties.com.
13.2 Any complaints or cause of action that the User has or may have with the App Store (including support queries) must be raised with Apple Inc. directly using the appropriate support service or relevant link
14. General
14.1 In providing the Application to the User, HorseyHotties is acting as an independent contractor.
14.2 These Conditions constitute the entire agreement between the parties and supersede any previous agreement or understanding. All other terms and conditions expressed or implied by statute or otherwise are excluded to the fullest extent permitted by law.
14.3 HorseyHotties reserves the right to alter, change or amend these Conditions from time to time. Such amended Conditions shall be displayed on the Application and by continuing to use the Application following any such amendment, the User will be deemed to accept the Conditions (as amended).
14.4 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to the other party and sent by email or to such other address as any at the relevant time has been notified pursuant to this provision to the party giving the notice.
14.5 No failure or delay by either party in exercising any of its rights under the agreement shall be deemed to be a waiver of that right and no waiver by either party of any breach of the agreement by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
14.6 If any provision of the Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
14.7 English Law shall apply to this agreement and the parties agree to submit to the exclusive jurisdiction of the English Courts.
14.8 It is not intended that any of the terms of this agreement will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to it.
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