Terms
We
welcome your participation in the Mikehorn.com Online
Community (the “Service”),
and we encourage you to
react to the content available on Mike Horn websites.
By registering
yourself in the Service, you are consenting to the general Terms and
Conditions
and to these Additional Terms and User Code of Conduct.
1.
Registration
You represent
and warrant that you are of legal age to form a binding
contract or that Your parents and legal guardians have approved Your
registration and use of the Service, as evidenced in the registration
process,
and have agreed to be bound by this Agreement. You (or, if applicable,
Your
parents / legal guardians) have the power and authority to enter into
and
perform Your obligations under this Agreement.
You agree to:
(a) provide true, accurate,
current and complete information about yourself as prompted by the
Service's
registration form (the "Registration Data") and (b) maintain and
promptly update the Registration Data to keep it true, accurate,
current and
complete. If you provide any information that is untrue, inaccurate,
not
current or incomplete, or MH has reasonable grounds to suspect that
such
information is untrue, inaccurate, not current or incomplete, MH has
the right
to suspend or terminate your account and refuse any and all current or
future
use of the Service (or any portion thereof).
Registration
Data and certain other information
about you is subject to our Privacy Policy. You
understand that
through your use of the Service you consent to the collection and use
(as set
forth in the Privacy Policy) of this information, including the
transfer of
this information to foreign countries for storage, processing and use
by MH and
its affiliates and selected partners.
You will
receive a password and account
designation upon completing the Service's registration process. You are
responsible for maintaining the confidentiality of the password and
account and
are fully responsible for all activities that occur under your password
or
account. You agree to immediately notify MH of any unauthorized use of
your
password or account or any other breach of security. MH cannot and will
not be
liable for any loss or damage arising from your failure to comply with
this
Section.
2.
Use
of the Service
You understand
and agree that the Service is available for your
personal, non-commercial use only.
You
understand that you (and not MH) are
fully and solely responsible for all information, data, text,
software, music,
sound, photographs, graphics, video, messages, or other materials ("User Content") that you upload,
post, email, transmit or otherwise make available via the Service.
You warrant and
agree that no materials of any kind submitted through
your account or otherwise posted, transmitted, or shared by you on or
through
the Service will violate or infringe upon the rights of any third
party,
including copyright, trademark, privacy, publicity or other personal or
proprietary right.
You agree that
MH may, but is not obligated to, review the Online
Community pages and may delete or remove (without notice) any User
Content in
its sole discretion, for any reason or no reason, including User
Content that
in MH’s sole judgment violates this Agreement or the Terms
and Conditions, or
which might be offensive, illegal, or that might violate the rights,
harm, or
threaten the safety of users or others.
You agree that
by using the Service, You may be exposed to User Content
that is offensive, indecent or objectionable. MH does not guarantee the
accuracy, integrity or quality of such User Content. You agree that you
must
evaluate, and bear all risks associated with, the use of any Content,
including
any reliance on the accuracy, completeness, or usefulness of such
Content. Under
no circumstances will MH be liable in any way for any User Content,
including,
but not limited to, any errors or omissions in any User Content, or any
loss or
damage of any kind incurred as a result of the use of any User Content
posted,
emailed, transmitted or otherwise made available via the Service.
You
further agree not to use the Service to
§
upload, post,
transmit, share or otherwise make
available any User Content that MH deems to be harmful, threatening,
unlawful,
defamatory, infringing, abusive, inflammatory, harassing, vulgar,
obscene,
fraudulent, invasive of privacy or publicity rights, hateful, or
racially,
ethnically or otherwise objectionable;
§
upload, post,
transmit, or share User Content that you
did not create or that you do not have permission to post;
§
use the Service
in any unlawful manner or in any other
manner that could damage, disable, overburden or impair the Service or
the
Websites;
§
impersonate any
person or entity, or falsely state or
otherwise misrepresent yourself, your age or your affiliation with any
person
or entity;
§
upload, post,
transmit, share or otherwise make
available any unsolicited or unauthorized advertising, solicitations,
promotional materials, "junk mail," "spam," or any other
form of solicitation;
§
intentionally
violate any applicable local, state,
national or international law;
§
intimidate or
harass another;
§
collect or
store personal data about other users.
You also agree
that MH may access, preserve and disclose your account
information and User Content if required to do so by law or in a good
faith
belief that such access preservation or disclosure is reasonably
necessary to
comply with legal process or respond to claims that any User Content
violates
the rights of third parties.
You further
agree not to publish any personal information about yourself or anyone
else
(for example telephone number or home address).
By posting User
Content, you automatically grant, and you warrant that
you have the right to grant, to MH an irrevocable, perpetual,
non-exclusive,
transferable, fully paid, worldwide license (with the right to
sublicense) to
use, copy, publicly perform, publicly display, reformat, translate,
excerpt (in
whole or in part) and distribute such User Content for any purpose,
commercial,
advertising, or otherwise.
These
Additional Terms of Service and User Code of Conduct shall be governed
and
interpreted in accordance with the laws of Switzerland (without giving
effect
to conflict of laws principles thereof) and any dispute exclusively
settled by
the ordinary courts of Château-d’Oex, Switzerland.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.




