the related privileges.
2.1. HPG operates its website from its offices in Canada. HPG does not make any representation to the effect that all items on its website may be used in other locations. People who access HPG’s website do so at their own initiative and are responsible for complying with all laws applicable to them.
3. Changes in website
3.1. HPG may modify, cancel or terminate any item contained in its website, at any time, including the availability of any function, database or content. HPG may also impose limits on certain items or restrict the access to certain sections of its website without prior notice and without incurring its liability.
4. Personal Use
4.1. All the items contained in HPG’s website are offered for your personal use for non-commercial purposes. It is prohibited to use the items contained in HPG’s website for commercial or advertising purposes without the written consent of HPG.
5. Registration and Security
5.1. When you register, you must select a password and a user name. You cannot (i) choose or use someone’s password with the intention of pretending to be that person; (ii) use a password in which someone else has rights, without that person’s authorization; or (iii) use a password or a user name that HPG, at its sole discretion, considers offensive.
5.2. You are responsible for maintaining the confidentiality of your password and user name. You should notify HPG as soon as possible by e-mail ([email protected]) of any known or suspected use of your account, or of any known or suspected breach of security.
5.3. You are responsible for any use of your accounts on HPG’s website. HPG cannot be held liable for the unauthorized use of your account or for any loss or damage arising in particular from the non-compliance with the security measures mentioned in this section.
6. Fees and Payments
6.1. HPG reserves the right to charge fees for future access to its website, or any section thereof. If HPG should charge new fees for access to any section of its website, it will notify you in advance in case you would like to close your account.
7. Comments, Chat Rooms and Bulletin Boards
7.1. Since any communications which are part of chat rooms and bulletin boards are public and not private, you should abide by the rules set forth below:
7.1.1. HPG encourages you to add comment to our discussions. You may not post any unlawful, threatening, libelous, defamatory, obscene, pornographic or other material that would violate the law. Please note that HPG makes reasonable efforts to review all comments prior to posting and HPG may edit comments for clarity or to keep out questionable or off-topic material. All comments should be relevant to the post and remain respectful of other authors and commenters. By submitting your comment, you hereby give HPG the right, but not the obligation, to post, edit, exhibit, re-use, publish, reproduce, use, license, print, distribute or otherwise use your comment(s) and accompanying personal identifying information via all forms of media now known or hereafter devised, worldwide, in perpetuity.
7.1.2. Be courteous. No one may make threats or incite anyone else to violence or hatred. It is also prohibited to deliberately disturb any discussion with repetitive messages, unfounded messages or spamming.
7.1.4. No one should use chat rooms or bulletin boards to promote or offer for sale any good or service for a commercial purpose, or conduct or send any study, contest, pyramid scheme or chain letters, spamming, or to engage in any hacking, solicitation or any other act for illegal purposes. Any acts which may infringe other peoples’ rights or their enjoyment of the chat rooms or bulletin boards are also prohibited.
7.2. You declare that you have all the necessary rights, in particular, intellectual property rights, to any material that you submit as a user to HPG.
7.3. You acknowledge and agree that you remain the holder of the copyright of all material you submit as a user to HPG (e.g. letter to the editor, comments, etc.). Moreover, you acknowledge and agree that by simply submitting your material to HPG, you grant it a non-exclusive licence, without any compensation whatsoever to you, to use, edit, modify, delete, reproduce, publish, distribute and give sub-licences to such materials. To this effect, you waive any moral right you may assert related to the integrity of your work.
7.4. You acknowledge and agree that you are personally liable for the content of your messages to chat rooms or bulletin boards on HPG’s website, and for the consequences thereof.
7.5. HPG reserves the right, at its sole discretion, not to publish or to withdraw any materials transmitted by a user on any of its website. In addition, this remains an option and not an obligation.
8.1. HPG’s sites contain hyperlinks to websites managed by third parties. By activating these links, you may have to leave HPG’s sites. HPG has no control over websites owned by third parties. These sites are managed entirely by third parties and HPG cannot make any declaration whatsoever concerning the quality or overall content thereof nor regarding the quality of the products offered or the security of performing transactions on the sites in question. The fact that third party sites are identified on HPG’s website should not in any way be interpreted as an endorsement by HPG and does not incur its liability in any way. HPG cannot be held liable for possible damages arising from the use of these sites. All complaints about third party sites should be addressed to the administrators of those sites.
9. Intellectual Property
9.1. The trademarks and logos used or posted on HPG’s website are trademarks and logos registered or not by HPG or third parties. Nothing on HPG’s website may be interpreted in such a way as to allow, directly or indirectly, the use of such trademarks or logos without the prior written permission of their owner. Without limiting the generality of the foregoing, it is prohibited to reproduce the trademarks and logos displayed on HPG’s website for commercial or advertising purposes or to increase the number of visitors to your site.
9.2. All the items on HPG’s website (including, without limitation, the texts, articles, photographs, images, illustrations, audio and video excerpts, software, etc.) are protected by copyright and belong to HPG or third parties acting as content providers. Except for certain clearly stated exceptions, no items on HPG’s website must be interpreted as giving you any right whatsoever with regard to the intellectual property of HPG or of a third party acting as a
9.3. Subject to section 9.3 hereof, you may not copy, reproduce, modify, publish, distribute or participate in the transfer or sale of, or create derivative works from, translate, download, grant under licence, or in any other way exploit, any item offered on HPG’s website (including any software), in whole or in part.
9.4. You can download or copy only for your personal use for non-commercial purposes items from HPG’s website provided you maintain all the intellectual property notices they contain.
Copying or memorizing any item for purposes other than personal use is strictly forbidden without the prior written permission of HPG or the holder of the copyrights identified in the notice of intellectual property.
10. Representations and Warranties
10.1. You hereby indemnify, defend and hold HPG, its directors, officers, senior executives, shareholders, employees, affiliated businesses, representatives and content providers (collectively referred to as “HPG”) harmless from and against any and all monetarycondemnation in principal, interest, legal and extrajudicial costs and any other damages, including but without limitation, all reasonable legal costs incurred by HPG related to any claim,proceeding, action or stay (“Claim”) ensuing from the non-compliance, by you or any other user of your account, with these Conditions of Use. HPG reserves the right to participate in the defence of any such Claim and to be represented by an attorney of its choice.
11. Limitation of Liability
11.1. HPG’s website and the items they contain are offered to you on an “as is” basis, without warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, use, availability, validity, accuracy, reliability of the items reproduced on said sites or as to the results ensuing from the use of such items. Without limiting the generality of the foregoing, HPG makes no representations about the comprehensive nature of the results of your searches conducted on its website. You hereby acknowledge and agree that your use of HPG’s website is at your own risk.
11.2. HPG makes no representation related to the accuracy or reliability of, nor does it endorse, any opinion, declaration or other information published or distributed on its website by any user, content provider or other person.
11.3. HPG disclaims all liability related to any error which may be found on its website. Thus, HPG and any third party providing content on HPG’s website, their related companies, officers, employees, representatives or agents cannot in any way be held liable for any damage related directly or indirectly to the use of HPG’s website, in particular, the loss of data or profits ensuing from the use of items on said sites, errors or omissions contained in the items or the inability to use such items.
12.1. You can cancel your account at any time by accessing the “My Account” section of www.Horse-Canada.com