EG Media Investments, LLC (“EG Media” or “we”) provides several websites including, without limitation, HorseIllustrated.com and HobbyFarms.com (these websites and any others provided by EG Media are, collectively, a “Website”). Any person who accesses a Website and uses the content or services provided on the Website expressly accepts the terms and conditions of this Terms of Use Agreement (“Agreement”) without change. By using the Website, you (referred to herein as “Member” or “you” or “your”) agree to be bound by all terms and conditions of this Agreement and all policies and guidelines incorporated by reference.
EG Media is the owner of the Website and reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the Website at any time and at its sole discretion and without notice. Such changes will be effective upon posting the revised Agreement on the Website. Members are encouraged to review the Agreement from time to time for any changes. Members should discontinue use of the Website if they do not agree to any terms of this Agreement.
The services offered by EG Media include each Website together with any features, content, or applications offered from time to time in connection with the Website (collectively, the “Services”). Unless otherwise expressly provided in this Agreement, the Website and Services are intended and provided for personal, non-commercial use only. If you wish to utilize the Services for commercial purposes, please contact customerservice@edmediamags.com for further information. If a Member uses a Website or the Services for anything other than personal use, EG Media does not guarantee access, functionality, or updating capability.
Use of the Website and Services is also governed by our Privacy Policy, which is incorporated into this Agreement by reference.
- Eligibility: Use of the Services is void where prohibited. By using the Services, Member represents and warrants that (a) all registration information submitted is truthful and accurate; (b) Member will maintain the accuracy of such information; (c) Member is 18 years of age or older; and (d) Member’s use of the Services does not violate any applicable law or regulation. All required registration fields must contain true, accurate, current and complete Member information. If EG Media believes that untrue, inaccurate, outdated, or incomplete information has been provided, EG Media may immediately, and at its sole discretion, suspend Member’s account without notice.
- Member Information: All Members are responsible for maintaining and updating their personal contact information with the Website, including, but not limited to information in My Account: About Me, Contact Information, and Trade Settings (when applicable). Please review our Privacy Policy for information about how personal information is stored and used.
- Password: When you register on a Website you will be asked to choose a password. Member is responsible for maintaining the confidentiality of the password. Member agrees not to use the account, username, or password of another Member at any time or to disclose their password to any third party. Member agrees to notify EG Media immediately if they suspect any unauthorized account use or access to the password. Member is solely responsible for any and all use of the registered account.
- Acceptable Use: Some Websites offer a number of activities and opportunities for interaction, which include but are not specific to chat areas, message boards and/or email functions. Because of the public nature of the activities on these Website, we recommend that you exercise discretion in the type of information you decide to post in our activities. We have no control over the privacy practices of any community user. Likewise, we have no control over the content posted by the users of the activities on this website and cannot ensure that the content will not be objectionable or offensive.
Objections to content can be made to InternetSupport@EGmediamags.com. Although we have no obligation to monitor content, we reserve the right to delete or edit.
By participating in the activities on a Website, you agree that you will not post any content that:
- Is vulgar, obscene, profane, sexually oriented, harassing, hateful, threatening, abusive, slanderous, defamatory or invades the privacy of any third party;
- Is offensive on the basis of race, ethnicity, gender, age, disability, sexual orientation or religion;
- Violates any rights of any third party, including patent, trademark, trade secret, copyright, right of publicity, moral rights, or other proprietary rights, or any laws;
- Does not relate to the subject matter of the activities on this website for which you have registered;
- Contains any viruses, worms or other components intended to provide unauthorized access to third party data or disrupt or damage the functioning of computer hardware, software or telecommunications equipment;
- Constitutes spam, unsolicited advertising, chain letters or any form of gambling or lottery;
- Is commercial in nature including, but not limited to any advertising content.
Although we have no obligation to monitor content, we reserve the right to delete or edit content that you may have submitted at any time for any reason.
- Privacy Policy and Statement: EG Media’s Privacy Policy is available online for review. EG Media may change the Privacy Policy at any time in accordance with the terms set forth in that policy. Unless EG Media has otherwise consented in writing, information regarding other Members or customers that has been obtained through a Website or has been disclosed by EG Media or its affiliates may not be used except to enter into and complete transactions with a Member. The use of such information by Member for purposes of solicitation, advertising, unsolicited e-mail or spamming, harassment, invasion of privacy, or other objectionable conduct or activities is strictly prohibited.
- Fees: Membership on some Websites is free, and some require payment of fees. Please review the applicable Website’s help section for information about any applicable fees. All fees are in U.S. dollars unless otherwise stated. Fees are subject to change at any time, without notice. By utilizing Services on a Website for which a fee may be charged, Member authorizes EG Media to charge the credit or debit card on file for any fees due. All expired credit cards are subject to bank verification and will be charged accordingly.
- Cancelations:
- Zero Risk Print Subscription: If you are not happy with your print subscription or wish to cancel at any time, send us an email at customerservice@edmediamags.com and we will refund the amount for all unfulfilled print issues.
- Online/App Transactions: Your chosen terms will automatically renew unless auto-renew is cancelled in your subscription area 24 hours before the end of the current subscription You can choose a different subscription offering in your device account settings, or tap Cancel Subscription to cancel your subscription. If you cancel, your subscription will stop at the end of the current billing cycle. All app and online subscription fees are non-refundable.
- Term: EG Media reserves the right, in its sole discretion, to restrict, suspend, or terminate access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability. This Agreement shall remain in full force and effect, even after Membership is terminated, by either party, for any reason.
- Termination: EG Media, in its sole discretion, may terminate this Agreement, access to a Website or its Services, any forum post, or any current sales or orders immediately without notice for any reason.
- Disclosure of Information: EG Media reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental requests, to protect EG Media’s systems and customers, or to ensure the integrity and operation of EG Media’s business and systems, EG Media may access and disclose any information it considers necessary or appropriate, including, without limitation, Member contact details, IP address and traffic information, usage history and posted content. By use of a Website, Member agrees to such access and disclosure by EG Media. Any personal information the Member chooses to disclose to another Member is at their sole risk.
- Member Disputes: Members are solely responsible for their interactions with other Website Members. EG Media reserves the right, but has no obligation, to monitor disputes between Members.
- Investigation: EG Media reserves the right, but assumes no obligation, to monitor any activity and content associated with a Website. EG Media may investigate any Member or activity and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of Service, denying access and/or removal of any materials from a Website. EG Media reserves the right at its discretion to remove, screen or edit any content that violates this Agreement or is otherwise objectionable. If a Member suffers damages from this investigation, Member agrees that EG Media is not liable to Member for such damages, under any circumstances.
- Proprietary Rights in Content on Websites: By displaying or publishing (“posting”) any content, messages, text, files, images, photos, video, sounds, profiles, works of authorship, or any other materials (collectively, “Content”) on or through the Services, Member hereby grants to EG Media a non-exclusive, fully-paid and royalty-free, worldwide license (with the right to sublicense through unlimited levels of sub licensees) to use, copy, modify, adapt, translate, create derivative works of, publicly perform, publicly display, store, reproduce, transmit, and distribute such Content on and through the Services. This license will terminate at the time such Content is removed from the Services. Notwithstanding the foregoing, a back-up or residual copy of the Content posted by Member may remain on the EG Media servers after Member has removed the Content from the Services, and EG Media retains the rights to those copies. Member represents and warrants that:
- The Member owns the Content posted by the Member on or through the Services or otherwise has the right to grant the license set forth in this section, and
- The posting of Member’s Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. Member agrees to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by the Member to or through the Services.
The Services contain Content of EG Media (“EG Media Content”). EG Media Content is protected by United States and international copyright, trademark, patent, trade secret and other laws, and EG Media owns and retains all rights in the EG Media Content and the Services. EG Media hereby grants Member a limited, revocable, non-sub-licensable license to reproduce and display the EG Media Content (excluding any software code) solely for Member’s personal use in connection with viewing the Website and using the Services.
The Services contain Content of Members and other EG Media licensors. Except for Content posted by Member, Member may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Services.
- Reservation of Rights: No reservation of rights hereunder by EG Media shall imply an obligation on the part of EG Media to exercise such right. Failure to exercise such right at any time shall not be deemed a waiver of EG Media’s right to exercise same at a later date. Member agrees that information contained on the Website is the intellectual property and the confidential and proprietary information of EG Media and is not information that is readily available to or accessible by the public. Member agrees not to use any of the information for any commercial purpose without the written consent of EG Media. Such activities include but are not limited to scrapping, downloading, copying or otherwise misappropriating the Content or data. If any of the terms contained in this Agreement are breached or violated, Member agrees that a breach of this Agreement has occurred and EG Media is entitled to all legal remedies, including immediate injunctive relief, attorneys’ fees and costs of court.
- Disclaimers: The Website and all Services available therein are provided on an “as is, where is” basis. EG Media makes no representations or warranties express, implied or otherwise, including but not limited to (a) any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement; (b) any guaranty or implied warranty that any Website or Services will meet your requirements, will always be available, accessible, uninterrupted, timely, secure, or operate without error; (c) any guaranty or implied warranty that the information, content, materials, or products included on the Website will be as represented, available for sale lawful to sell; (d) any implied warranty arising from the course of dealing or usage; and (e) any obligation, liability, right, claim, or remedy in tort, whether or not arising from the negligence of EG Media. To the full extent permissible under applicable law, EG Media disclaims any and all such warranties.
- Content: EG Media is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Services provided, whether caused by Members of the Services or by any of the equipment or programming associated with or utilized in the Services. Profiles created and posted by Members on any Website may contain links to third-party websites. EG Media is not responsible for the Content, accuracy or opinions expressed on such third-party websites, and such third-party websites are not investigated, monitored or checked for accuracy or completeness by EG Media. Inclusion of any linked, third-party website on any Website does not imply approval or endorsement of the linked website by EG Media. When Members access these third party sites, they do so at their own risk. EG Media assumes no responsibility for collection and dissemination of information by third party websites, third party advertisements which are posted on this Website or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. EG Media is not responsible for the conduct, whether online or offline, of any Member or other user of the Services. EG Media assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of any Member communication. EG Media is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or other services due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Members or to any person’s computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall EG Media be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, attendance at a EG Media event, from any Content posted on or through the Services, or from the conduct of any members of the Services, whether online or offline. The Services are provided “AS-IS” and as available and EG Media expressly disclaims any warranty of suitability, fitness for a particular purpose or non-infringement. EG Media cannot guarantee and does not promise any specific results from use of the Services.
EG Media respects the intellectual property rights of others and we expect our users to do the same. If you believe that material posted on the Websites infringes your copyright, please provide a written notification containing all of the following to our Copyright Agent:
1. A physical or electronic signature of the owner of the allegedly infringed copyright (or such person’s authorized representative).
2. A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at issue, a list of such works.
3. A description of the material on the Websites (including the precise websites addresses on which the allegedly infringing material appears) that is claimed to be infringing or to be the subject of infringing activity, with information reasonably sufficient to permit us to locate the material.
4. Contact information for the complaining party, including address, telephone number, and, if available, an e-mail address.
5. A statement that you have a good faith belief that use of the allegedly infringing material is not authorized by the copyright owner, its agent, or the law.
6. A 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 the copyright that is allegedly infringed.
EG Media does not guarantee that any complained-of content will be deleted or modified. EG Media’s Copyright Agent for notice of claims of copyright infringement is:
Content Manager
EG Media Investments,
2030 Main St. Suite 1400
Irvine, CA 92614
Or you may email customerservice@egmediamags.com with the above information.
- Limitation on Liability: In no event will EG Media be liable to Member or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including any lost profits arising from your use of the Website or the Service, even if EG Media has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, EG Media’s liability to Member for any reason whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by Member to EG Media for the Service during the term of Member’s membership.
- Indemnity: You agree to defend, indemnify and hold harmless EG Media and its affiliates, (and their respective employees, directors, agents, representatives, successors and assigns) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys’ fees) arising out of any Claim that arises out of or relates to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement; or (ii) your own website or other sales channels. For purposes hereof: “Claim” means any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity.
- General Provisions:
- Entire Agreement: This Agreement, including any terms and conditions, attachments or policies incorporated herein by reference, and the general terms and conditions of the Website, including but not limited to the Privacy Policy and any amendments or addendums incorporated by reference, constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede and cancel all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter hereof.
- No Agency: EG Media is not the agent, fiduciary, trustee, or other representative of you. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of EG Media.
- Severability: If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
- No Waiver: Nothing contained herein shall be construed as a waiver by EG Media of any of its rights or remedies unless the waiver is in writing and signed by an authorized EG Media executive. No delay or omission by us in exercising our rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. EG Media’s failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of EG Media’s right to subsequently enforce such provision or any other provisions of this Agreement.
- Applicable Law: Each Website and the Services are arranged, sponsored, and provided by EG Media in the State of Texas, USA. The laws of the State of Texas, USA, govern this Agreement and all of its terms and conditions, without giving effect to any principles of conflicts of laws. Member agrees that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in Dallas County, Texas, USA, and Member hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.
Please contact us at: customerservice@egmediamags.com with any questions regarding this Agreement.