Article 1. HORSEMEETING SITE DESCRIPTION
The Horsemeeting site is an internet site for advertising and publicity about horses. A free registration provides access to part of the services available on the Horsemeeting site. Other available services, described in Article 5, are subscription-based.
Article 2. REGISTRATION AND ACCEPTANCE OF TERMS OF SERVICE
The User must register by supplying the information requested on the Registration Form.
Registration implies that the User has read and accepts all the site's Terms of Service.
The Terms of Service are presumed, therefore, to be accepted unconditionally by the User, who agrees to respect them in their entirety.
The User acknowledges having been informed that acceptance of the Terms of Service does not require this document to be signed in writing and that a contract for the use of the Horsemeeting site is duly concluded between the User and the owner/operator of this site (hereinafter called Horsemeeting) as a result of the User's on-line acceptance of the Terms of Service by clicking Validate at the time of Registration.
The User will receive e-mail confirmation of his inscription at the address that he specifies.
By accepting the Terms of Service, the person who fills out the Registration Form declares and recognises:
- she is over 13 years of age;- she is informed that subscription-based services may only be purchased by legally adult persons;
- she is legally authorised to act on their behalf- for purposes of compliance with the Terms of Service, the User and the company/legal entity are considered to be one and the same.
The User declares that he is competent and equipped (with the necessary hardware and software) to consult the Horsemeeting site.
Horsemeeting reserves the right to modify the Terms of Service at any time and without prior warning. Terms of Service thus modified will appear on line at the Horsemeeting site and will apply to any subsequent order of fee-paying services. It is incumbent upon the User, therefore, to consult the Terms of Service, particularly the fee schedule, regularly and in advance of ordering any payable service.
Article 3. USE OF THE HORSEMEETING SITE
3.1. USER NAME AND PASSWORD
The use of Horsemeeting site requires User identification: User name (or "pseudo") chosen at Registration and a password.
Both are strictly personal: the User should never, for any reason, communicate the User name and password to a third party. Failing proof to the contrary, all operations and orders executed on the Horsemeeting site in the name of the User will be presumed to have been executed by the User. If the User is a legal entity, the physical person registered on the site will be considered to represent the legal entity and to have initiated the operation in the name of and for the account of the legal entity.
The User may modify her password at any time.
3.2. USER ACCOUNT MANAGEMENT
The User undertakes to ensure that data and information communicated to Horsemeeting is accurate and free of error. The User also undertakes to update all data and information in case of modification.
The User may manage his own account, under his own responsibility, by means of his User name and password. Each account contains information supplied to Horsemeeting by the User, as well as a record of previous orders.
3.3. TECHNICAL REQUIREMENTS
The User declares that he:
The User is responsible for the cost of technology necessary to access the site, notably the cost of internet access.
The User acknowledges that Internet transmission is subject to hazards completely beyond the control of Horsemeeting, notably speed of transfer, security and integrity of data. Horsemeeting cannot be held in any way responsible for any difficulty arising from Internet transmission.
3.4. USER OBLIGATIONS
The User undertakes to:
Article 4. FREE SERVICES
Registration allows the User access to the following free services:
- Website ad Free in case of an exchange of link.
Free-of-charge services may be modified without prior warning and without any form of prejudice. New or modified free-of-charge services are subject to the current Terms of Service.
Article 5. SUBSCRIPTION-BASED SERVICES
5.1. ACCES TO E-MAILS AND "CHAT"
This service allows the User to contact, by e-mail or by "chat", other users who have placed advertisements. The following options are available:
The use of this service must not prejudice the smooth functioning of the Horsemeeting site. In order to guarantee high quality service, Horsemeeting reserves the right to destroy any messages that it considers too voluminous.
Prices (VAT included):
This service, and its prices, is included in the Advertisements described below.
5.2. ADVERTISEMENTS
This service allows the User to publish advertisements on the Horsemeeting site. All Users have access to all advertisements through a succinct and detailed Search interface for each type of advertisement.
Advertisements will fall into one of the following categories:
Prohibited are advertisements that:
Horsemeeting undertakes to post the User's advertisement on the site, on the appropriate page and for the period of time chosen by the User, starting from the date specified by the User. Posting will be made within 48 hours, at the latest, for orders placed from Sunday to Thursday or within 72 hours for orders placed on Friday or Saturday (except during the summer holidays). The User will receive e-mail notification of posting of an advertisement on line.
This lead time is needed to allow Horsemeeting to review the advertisement. Nevertheless, it is expressly stated that this review concerns only the form and not the content of the advertisement and does not in any way constitute a validation of the accuracy of the content. Since it concerns only the formulation of the advertisement, review is intended only to ensure that the content is clear and precise. Horsemeeting therefore reserves the right to correct the formulation of the advertisement if it is not clear or if it contains errors of spelling and/or grammar. Horsemeeting also reserves the right to crop or recentre photos supplied by the User.
The User retains the right to update "horse or pony" advertisement.
Horsemeeting reserves the right to cancel without prior notice and without indemnity all advertising with content that does not correspond to the chosen site page or category, that infringes the restrictions listed below or that can be considered illegal, immoral or damaging to the rights of others, notably copyright, without prejudice to the right of Horsemeeting to seek indemnification for damages suffered as a result.
Users are responsible for any transactions completed through the site with no recourse to Horsemeeting. Specifically, Horsemeeting does not in any way guarantee conformity of an advertisement text or photograph with the sale object or the proposed service. Advertisements are created and published under the sole responsibility of the User.
The User guarantees ownership of the right to reproduce photos and videos posted on Horsemeeting.
The User gives Horsemeeting the right to reproduce advertisements as a tool for the commercial promotion of the Horsemeeting site.
Prices in Euro (inc. VAT):
O1 : 1 language - O2 : 2 languages - O3 : 3 languages
Prices are payable in advance, upon Order, for the totality of the chosen time period.
Prices include, for the chosen time period, "E-mail & Chat" described above. They also include e-mail receipt of e-mail alerts to the Horsemeeting User's In-Box.
If acting as an intermediary, in the name of and for the account of an advertiser, the User agrees to comply with the provisions of Article 5.6.
5.3. CREATION AND HOSTING OF INTERNET SITES
This Horsemeeting service provides:
If the User would like to change 1 or 2 photos of a model (« template ») by its own photos, this option cost Euro 90 (inc. VAT), payement due at the purchase.
Internet sites created in this way may carry the name of the User or his enterprise, descriptions of horses for sale, photos and texts. Each site will consist of 4 pages: Presentation, Services, Horses for sale - maximum 10, Contact; in any one of 3 languages : English, French or German (User's choice).
If the User wants an address for its website like www.name.com, Horsemeeting order the domaine name. This option cost Euro 20 (inc. VAT) for one year, payement due at the purchase.
Users with sites created and hosted by Horsemeeting benefit from the Horsemeeting site's global listing on the Internet.
In addition, this service provides "E-mail & Chat" (described above) for the entire period of time that the User's site is hosted on Horsemeeting.
The price for the service is Euro 45 (inc. VAT)/month (to which it is advisable to add the options) for an initial, minimum period of 12 months or Euro 540 (inc. VAT) per year, with the first payment due at purchase and the balance due in monthly, quarterly, bi-annual or annual instalments as the User chooses. The User will receive e-mail reminders that the instalment is due: 8-days and on the due day. In case of non-payment, Horsemeeting has every right to terminate the service immediately: the Website will be erased; the address www.name.horsemeeting.com or www.name.com will become inaccessible and access to the operational interface will be closed.
Purchase of this service may be renewed annually at the same price at the express request of the User.
Horsemeeting grants the User of this service a non-exclusive, non-transferable license to use the site model of choice for the duration of the purchase. This model may not be chosen by another user for the duration of the purchase. The license specifically covers graphic components of the model. License to use the model is limited solely to the automated creation of a personalised Internet site hosted by the server of Horsemeeting, to the exclusion of all other rights, notably the right of digital or other reproduction. Users are entitled to promote their Websites on the condition that if one or more pages of this site are reproduced, the Horsemeeting copyright citation on each of these pages must be clearly apparent.
The User retains ownership of all potential copyright to components (texts, photos, data, etc.) that he chooses - under his sole responsibility - to use on his Horsemeeting site. For the duration of copyright, the User grants Horsemeeting the right of reproduction of his site for purposes of commercial promotion of the Horsemeeting site.
The User confirms having been informed of the legal obligation incumbent upon him to cite: the name of the editor of the Website; complete name and address of the host (Horsemeeting) and, if the site provides personal information: formalities with the territory's authority of protection of the data; mention of right of access, etc.
The User vouchsafes to Horsemeeting that he has fulfilled all legal and administrative requirements for the operation of an Internet site. The User also guarantees that he has the right to intellectual property used on his site. More specifically, the User guarantees Horsemeeting immunity from any and all third party recourse to copyright violation.
5.4. ADVERTISING
This service consists of the posting, by Horsemeeting, on the Horsemeeting site, of an advertising visual under the conditions defined below.
Example of advertising size:
- MAXI Size and MEDIUM Size (home pages): see example
- MAXI Size and MEDIUM Size (horses pages): see example
- SKYSCRAPER Size (search results page): see example
Prices (inc.VAT)
Volume discounts:
2 ads ............................................................................................................................................ - 2 %3 ads ............................................................................................................................................ - 4 %4 ads ............................................................................................................................................ - 6 %5 ads ............................................................................................................................................ - 8 %6 ads ............................................................................................................................................ - 10 %7 ads and more ......................................................................................................................... - 12 %
The interface permits you to order several ads at once and discounts only apply in this case.
Mandate
If the User places an order for an advertisement, as an intermediary - that is, in the name of and for the account of an advertiser - he must declare, under his own responsibility, that he is familiar with the applicable provisions of Law N° 93-122 of January 29, 1993, otherwise known as the "Law Sapin".
In this case, the User Buyer must satisfy Horsemeeting that all legal obligations have been met, those applying to the User and those applying to the advertiser. The User must specifically declare having received written authorisation from the advertiser to act on his behalf, with terms of remuneration. The User Buyer agrees, furthermore, to furnish, on the Order Form, under Billing, the e-mail address of the advertiser, so that Horsemeeting can communicate a copy of the invoice to the advertiser, as the "Law Sapin" provides. Nevertheless, it is still expressly understood that the User will pay the necessary fee upon placement of an order.
All orders placed by intermediaries, upon receipt by Horsemeeting, will be acknowledged, before posting of the advertisement, by a Purchase Order, a professional discount of 15% calculated on the net fee after application of the potential reduction outlined in the paragraph "Decreasing prices" (below).
Material to provide
All technical elements and electronic documents provided by the User must meet technical specifications defined by Horsemeeting.
The User will provide:
Horsemeeting may be used to produce advertising visuals for prices estimated in advance (cf. article 5.5).
The advertising visual is created, produced and posted under the exclusive responsibility of the User.
The User consequently guarantees that the furnished advertising material conforms to:
The User guarantees that the advertising material to be posted is not violent, pornographic, immoral, offensive, threatening, injurious, defamatory, disloyal, counterfeit or, more generally, is not illicit or damaging to third parties, specifically, their intellectual property rights.
The User, consequently, guarantees Horsemeeting against all recourse from third parties deriving from the content of the posted advertising.
Horsemeeting agrees to post the advertising document provided by the User as of the date and for the duration of the period selected by the User, pending full payment by the User of the price for the service ordered. Nevertheless, Horsemeeting is entitled, in any event and at its own discretion, without indemnity to the User and without justification, to refuse to post the ordered advertising if it appears to transgress the restrictions listed above or if it appears to be illicit, immoral or infringing on the rights of others - specifically, their intellectual property rights - without prejudice to the ability of Horsemeeting to seek compensation for resulting damages.
Advertising will not be posted until it has been reviewed by Horsemeeting. It is, however, expressly stated that this review will not in any way constitute a validation of the accuracy and legality of the content. Review is intended specifically to ensure that the advertisement respects the rules listed above and that it is written in clear and precise terms. Horsemeeting therefore reserves the right to ask the advertiser to modify the content or form of the advertising.
If the time period chosen by the advertiser is not available, the User is advised when the Order is placed and is invited to choose another date or time period.
Horsemeeting is in no way obliged to produce results and cannot take responsibility for the success or effectiveness of advertising on its site.
Horsemeeting is not committed exclusively to a particular User and cannot be held responsible if another User offers competing products or services on the Horsemeeting site.
The "My Account" box will inform the User of the number of times visitors to the site have clicked on his advertisement.
5.5. OTHER FEE-PAYING SERVICES: STUDIO HORSEMEETING
HHorsemeeting can supply, on demand and according to prior estimates established on a case-by-case basis, other services such as website creation to order, logos, advertising visuals, visuals for the press, advertising brochures, DVDs, CDs, etc.
5.6. PROVISIONS APPLICABLE TO INTERMEDIARIES
If the User places an order for one of the subscription-based services described in Articles 5.2 and 5.3 (advertisements, websites) as an intermediary - that is, in the name of, for the account of and at the express request of an advertiser - he must declare, under his own responsibility, that he is familiar with the applicable provisions of Law N° 93-122 of January 29, 1993, otherwise known as the "Loi Sapin".
If this is the case, the mandated User is responsible, towards Horsemeeting, for meeting the legal obligations applicable to him as well as to the advertiser. The mandated User undertakes to furnish, under "Billing Information" on the on-line Order Form, the e-mail address of the advertiser so that Horsemeeting can send a copy of the bill to the advertiser, in accordance with the law. It is expressly agreed that, in any case, payment is due when the User places his order.
Article 6. METHODS OF PAYMENT FOR SUBSCRIPTION-BASED PAYING SERVICES
Once Registration on Horsemeeting is complete, the User will be able to place an order in the context of these Terms of Service for the subscription-based paying services described in Article 5.
Orders for fee-paying services will be placed on-line, on the Horsemeeting site, and are considered definitive when confirmed at the end of the order. This confirmation is the equivalent of a signature to a written contract.
Horsemeeting reserves the right to discard, at its own discretion, any User order, notably in the case of dispute related to a prior payment.
The User is notified that, even if he/she is a consumer, there is no possibility to retract an order once it is placed, even if the right of retraction is foreseen by the French Consumers' Code. The reason for this is that provision of the ordered services will be underway before the legally prescribed seven-day period for retraction elapses. The User expressly accepts this notification.
The Horsemeeting site provides the following information:
- Presentation of services offered;
- Presentation of steps to follow to place an order;
- Presentation of the way a User can review an Order before confirming it, in order to make corrections, if necessary;
- List of prices (pre-tax) for services;
- Description of methods of payment.
Each order will be confirmed by e-mail to the address provided by the User. It is up to the User to ensure, before every order is placed, that the e-mail address is correct and that all information provided is accurate.
It is expressly agreed that computer files stored in the Horsemeeting system constitute valid proof of messages exchanged -- orders placed and payments made -- between Horsemeeting and the User. Automated storage and filing of Purchase Orders and Bills provide secure and durable proof of purchase and payment in accordance with provisions of Article 1348, line 2 of the French Civil Code.
The User undertakes to pay the fee for services ordered. In any case, services are payable when they are ordered, for the period of time specified by the User.
Payment may be made by Credit Card (the User's bank account is debited at the time of the Order) or by cheque in the name of Horsemeeting sent by mail. In the latter case, Horsemeeting will not register the Order nor furnish the service until the cheque is received.
In case of non-payment or inability to pay, Horsemeeting has the right to suspend all subscription-based paying and free services to the User.
Necessary banking information payment is obtained not by Horsemeeting but by the bank charged with collecting the secure payment. Horsemeeting does not have access to this financial information. All Bank Card information is protected by state-of-the-art security systems for the prevention of fraud.
Once payment is confirmed, the User will have a Bill in PDF format via "My account" that may be saved and printed.
Article 7. HORSEMEETING OBLIGATIONS
Horsemeeting undertakes to provide the User, through the Horsemeeting site, with the free services described in Article 4, as well as with the subscription-based paying services ordered and paid for.
These services are accessible on-line, 24/7, with the exception of downtime for maintenance against which the User is enjoined from making any claim.
Horsemeeting agrees to respect and assure the confidentiality and security of data communicated by the User in the course of execution of the Contract, consistent with the provisions of Law N° 78-17 of January 6, 1978 otherwise known as the Law on Computers and Freedom.
Article 8. INTELLECTUAL PROPERTY
The site and each of its components -- specifically, graphic elements, software, source codes, texts, images, data bases and other creations -- are protected as intellectual property. Horsemeeting furthermore is the owner of the domains "HORSE MEETING" et "HORSEMEETING.COM". All reproduction or dissemination, by whatever means, of one or the other of these domains, unless for purposes of on-line consultation of the site, constitutes counterfeit proscribed by the French Code of Intellectual Property.
Establishment of hyperlinks to the pages of the site is authorised on condition that the address of the site and the copyright mention carried on the page remain apparent. It is notably forbidden to compress pages of the site by means of frames or other techniques that could conceal the origin and creator of the page.
Horsemeeting is the owner of production rights to the data base used by the Horsemeeting site. Horsemeeting grants the User a simple license to use. With this license, the User is authorised to consult the data base on line, for his own needs, with a search engine integrated into the Horsemeeting site. All reproduction or extraction of data from the base with a view to communicating them to a third party or exploiting them off the Horsemeeting site is expressly forbidden.
There is no transfer of ownership of property rights to the User of elements that make up the Horsemeeting site.
The User is enjoined from any act or behaviour that could infringe directly or indirectly on the intellectual property rights of Horsemeeting.
Article 9. PERSONAL INFORMATION
Personal data collected from the User are needed to manage his purchase orders and the commercial relationship with Horsemeeting. This data are stored, with respect to the limits of current regulation, for the sake of security, as well as to improve and personalise the services and information provided by Horsemeeting.
Computerisation of this data is declared to the French National Commission on Information and Freedom.
Individuals concerned consequently have the right to access, correct and oppose any information stored in Horsemeeting files, under the provisions of the law of January 6, 1978. This right may be exercised by writing to: Horsemeeting, 11 rue des Huissiers, 92200 Neuilly sur Seine, France, giving the name, surname and address of the person concerned.
Horsemeeting takes every useful precaution to preserve the integrity and confidentiality of collected Personal Information, in order to prevent access by non-authorised third parties. This data are accessible only by fully authorised Horsemeeting personnel and will never, under any circumstances, be communicated to third parties. The User's e-mail address may be used to send the Horsemeeting Newsletter, if, when he registers, the User expressly agrees to receive it. If, at the same time, the User expressly agrees to receive information from Horsemeeting partners, Horsemeeting will forward the information without divulging the User's e-mail address to these partners.
As a result of preferences indicated at the time of the User's Registration on the Horsemeeting site or subsequent browsing of the site, the User might receive information and promotional offers from Horsemeeting. The User may unsubscribe from the Horsemeeting distribution list at any time by using the Unsubscribe link on information e-mails from Horsemeeting.
The Horsemeeting site is designed to meet the needs of the User. To this end, the User has access to "cookies" that track hits on the site. Horsemeeting uses cookies solely for the purpose of improving the personalised service offered to the User. The User's Internet Navigator must be configured to allow cookies. Otherwise, the User will not be able to benefit from certain functions of the site.
Article 10. DURATION AND CANCELLATION
The contract represented by these Terms of Service enters into effect on the date that the User accepts and validates them upon Registration.
The contract covers an undetermined period of time and may be cancelled at any time without prior notice by either party.
The Terms of Service nevertheless continue to apply throughout the period remaining for subscription-based paying services ordered by the User.
In the event that the User does not comply with any one or more of the obligations spelled out in these Terms of Service, Horsemeeting has every right to cancel any contractual relationship without prior notice.
Article 11. RESPONSABILITY
The User assumes entire responsibility for the data, information and material that he provides to Horsemeeting or that he orders Horsemeeting to publish as a free or subscription-based paying service of the site.
Overall, Horsemeeting is not responsible for the information posted on the Horsemeeting site. The User is invited to notify Horsemeeting in writing of all errors or omissions. For its part, Horsemeeting will make every effort to confirm the quality and legality of sites linked to the Horsemeeting site but cannot, in any way, be held responsible for their content.
Horsemeeting is totally excluded from all legal arrangements between the User and third parties (notably other Users of the Horsemeeting site). Specifically, Horsemeeting is excluded from all sale or purchase agreements concluded as a result of the posting of an advertisement on the Horsemeeting site.
As a result, the User cannot, under any circumstances, hold Horsemeeting responsible in any dispute with another User or a third party.
Specifically, Horsemeeting does not, under any circumstance, verify the accuracy of advertising, publicity or information posted on the site. The User is solely responsible for taking all necessary precautions before entering into a contract with another User.
The User guarantees Horsemeeting against all recourse instigated by a third party, by another User or because of advertisements or publicity placed by the User on the Horsemeeting site.
The User is informed of the existence of specific French regulations related to the protection of animals, specifically to provisions that apply to the sale of animals. The User takes responsibility for being familiar with these regulations and undertakes to scrupulously respect them. Services provided by Horsemeeting are strictly limited to those described in these Terms of Service and do not in any way resemble those of a consultant or sales agent for horses. Horsemeeting is relieved of all responsibility with regard to sales or any type of contract concluded between or among Users. Horsemeeting is relieved of all responsibility for negotiations that may precede the conclusion of these contracts and therefore cannot be held responsible for any related difficulties that might arise.
The Parties agree that Horsemeeting must meet its overall obligations. But Horsemeeting cannot be held responsible without proof of a heavy and damaging directly attributable fault. It is expressly agreed that Horsemeeting is not responsible for losses, specifically financial and commercial losses, loss of clientele, damage to image, loss of data, files, software or price increases that the User might incur as a result of any unfulfilled or badly fulfilled obligations on the part of Horsemeeting. Horsemeeting is immune from, and consequently exempt from compensation for, damages charged by third parties against the User and, indirectly, against Horsemeeting. It is also agreed that Horsemeeting cannot be held responsible if it is prevented by circumstances beyond its control from posting the advertisements or notices ordered.
The User agrees to take every useful precaution against damages that could result from execution of the present contract, specifically, to back-up data and employ up-to-date anti-virus software.
If Horsemeeting is nevertheless deemed responsible, the total amount of compensation, including interest due, cannot in any event exceed the amount paid to Horsemeeting for execution of the contract in the course of the year during which Horsemeeting is considered responsible for damages.
It is expressly agreed that this provision will extend beyond cancellation or annulment of the contract for whatever reason.
Article 12. CONTRACT TRANSFERRAL
Horsemeeting reserves the right to freely cede the current contract and Orders received under this contract to a third party of its choice. The User agrees unconditionally to this transfer.
Article 13. APPLICABLE LAW AND COMPETENT JURISDICTION
The laws of France apply to these Terms of Service and to orders for fee-paying Horsemeeting services.
The Courts of Paris are the sole competent authority to judge - even in the case of multiple defendants - any dispute arising from the validity, interpretation or execution of these Terms of Service and Orders for service.
The content of the French, English and German versions of this Agreement is strictly identical. However, in the event of any difficulty of construction or discrepancy between the French version and the English or German version, the French version shall prevail.
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