Table of Contents
Effective as of April 15, 2020
Your Acceptance
This is an agreement between HorseModels.com (“HorseModels”), a company based in Washington state, which is the owner and operator of https://HorseModels.com (the “HorseModels Site”), the HorseModels software, and the HorseModels mobile apps (collectively “HorseModels”, the “HorseModels Service”, or the “Service”), and you (“you” or “You”), a user of the Service. BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE, AND TO HORSEMODELS’S PRIVACY POLICY, WHICH CAN BE FOUND AT https://HorseModels.com/privacy-policy, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you choose to not agree with any of these terms, you may not use the Service.
Allowable Content and Acceptable Use
At HorseModels our focus is creating a positive and helpful experience for our users. We want HorseModels to be convenient, safe, and fun for you and your communities. This means there are a few rules. You may NOT:
- Violate any law or regulation.
- Send unsolicited or unauthorized advertising or commercial communications, such as spam.
- Engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Site or Services.
- Use automated methods to use the Site or Services.
- Stalk, harass, bully, intimidate, or harm another user.
- Post unlawful, harmful, obscene, or pornographic content.
- Impersonate someone.
- Post content that is hateful, threatening, harmful, incites violence; or contains graphic or gratuitous violence.
- Use HorseModels to do anything unlawful, misleading, malicious, or discriminatory.
- Post content you do not have the right to transmit.
- Post content that infringes on trademarks or copyrights.
- Post viruses or malicious scripts.
- Post spam or link bait.
- Attempt to circumvent any technological measure implemented by HorseModels or any of HorseModels providers or any other third party (including another user) to protect the Site or Services.
- Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site or Services.
- Advocate, encourage, or assist any third party in doing any of the foregoing.
Rights Reserved
At its discretion, HorseModels may permanently cancel accounts of users who violate the Terms of Service. HorseModels reserves the right to view. HorseModels reserves the right to remove objectionable content without notice. HorseModels can remove any content or information you post at HorseModels if we believe that it violates our Terms of Service.
We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe you have violated these Terms.
HorseModels reserves the right to ban users that do not comply with its Terms of Service as assessed in HorseModels’s sole discretion and interpretation of its Terms of Service. Users may not be notified when any of this occurs. Banned users may contact HorseModels Customer Support to request more information. We reserve the right to respond or not respond to such requests. Please comply with the rules in HorseModels’s Terms of Service.
While we have the right to monitor activity and content associated with HorseModels, we are not obligated to do so. We do not guarantee the accuracy, integrity or quality of any content submitted by users. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, you understand that in the process of using HorseModels, you may be exposed to content that you find offensive or objectionable in your communities. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted at HorseModels or endorse any opinions expressed at HorseModels. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. We also, however, reserve the right not to take any action. Under no circumstances will we be liable in any way for any content, including, but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the Website.
There are no fees for use of many of the features on HorseModels. However, premium features and subscriptions are available for purchase by HorseModels members for additional services the company may offer.
HorseModels may change the fees and/or benefits associated with premium features from time to time or may immediately suspend or terminate premium features for any or no reason and without advance notice or liability.
When you purchase a premium feature that is paid for by you through recurring payments, you agree that you are authorizing recurring payments, and that such payments and thereby subscription will be made by the method and at the recurring intervals you have agreed to, until the subscription is terminated by you or by HorseModels. You may cancel a subscription at any time before the end of the current billing period and the cancellation will take effect on the next billing period.
If you break any of HorseModels’s terms in the use of your HorseModels account and/or in the use of its premium features and subscriptions, in addition to other actions we may take, we may cancel any or all of your premium features and subscriptions immediately and no refund will be granted for any payments you have made.
HorseModels uses the services of established 3rd party vendors for all payments and payment information. HorseModels stores no payment information on its servers and is not liable for any breach of payment information or loss that occurs with the payment vendor.
Due to storage limitations and expenses, HorseModels reserves the right to close and delete any user account that has not been logged in for a period of 6 months or more. HorseModels will notify any such users whose accounts it intends to delete, by email or SMS, if they have been inactive for greater than 5 months and provide those users with a minimum of 30 days notice and options on how to keep their content and account at HorseModels or how to download their content onto their personal computers. HorseModels will give one final notice at least 48 hours prior to deleting an account.
Who Our Services Are For
The use of HorseModels is for all persons age 16 and over who agree to these Terms of Service. HorseModels Terms of Service and Privacy Policy are in force and applicable for all times when users are specifically within the walls of HorseModels and not engaged in any activity with 3rd party sites. Persons age 16 and over may also connect to 3rd party sites in which they have accounts, such as HorseModels, etc., through HorseModels convenient “Social Networks” services. When connected to and engaged in 3rd party sites through HorseModels, you agree and understand that while you are posting, commenting, sharing, etc., content with 3rd party sites, you and your content are in those moments under the legal authority of that 3rd party site and the privacy and terms policies of that 3rd party site. This also applies if you click on an advertisement or coupon. HorseModels is not responsible or liable for any damage or loss related to your use of any third-party website or online service. You should always read the terms and conditions and privacy policy of a third-party website or online service before using it, whether directly or in connection with your use of the Site or Services.
Privacy
Your personal privacy and data privacy are very important to us. You are responsible for maintaining the confidentiality of your HorseModels account information, including your username and password. You are responsible for all activities that occur under your HorseModels account and you agree to notify HorseModels immediately of any unauthorized access or use of your HorseModels account. HorseModels is not responsible or liable for any damage or loss related to any unauthorized access or use of your HorseModels account. For more information on the importance and protection of your privacy at HorseModels, please see our Privacy Policy.
User Content Ownership
Materials, including but not limited to text, data, images, graphics, photos, audio, audiovisual, videos, and content of any nature provided by users of HorseModels (“User Submissions”) are owned by the party contributing such content. As a user of HorseModels, you are solely responsible for your own submissions. By transmitting your submissions or otherwise through or using HorseModels you represent that you have all rights and authorizations necessary to post, submit, display, produce, or otherwise transmit, such content. You agree that you will not submit material that is or contains the intellectual property of a third party that you do not have permission to use. You promise that your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
HorseModels is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions, which may be inaccurate, infringing, offensive, indecent, or objectionable. You understand that all information posted or transmitted through HorseModels is the sole responsibility of the person from which such content originated and that we are not and will not be liable for any errors or omissions in any content. You understand that we cannot guarantee the identity of users or the accuracy of any data that users may provide any other users with whom you interact in the course of using HorseModels.
Passwords
You are responsible for safeguarding the password that you use to access HorseModels and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. HorseModels cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
Fake Accounts
You may not register or create fake and misleading accounts. While you may use HorseModels pseudonymously or as a parody, commentary, or fan account, you may not use misleading account information in order to engage in spamming, abusive, or disruptive behavior, including attempts to manipulate the conversations on HorseModels. Some of the factors that we may take into account when determining whether an account is fake include:
- Use of stock or stolen avatar photos
- Use of stolen or copied profile bios
- Use of intentionally misleading profile information
More on Spam
You may not use HorseModels services for the purpose of spamming anyone. Spam is generally defined on HorseModels as bulk or aggressive activity that attempts to manipulate or disrupt HorseModels or the experience of users on HorseModels to drive traffic or attention to unrelated accounts, products, services, or initiatives. Some of the factors that we take into account when determining what conduct is considered to be spamming include:
- if your posts or comments consist mainly of links and/or are shared without commentary;
- if a large number of people have blocked you in response to high volumes of untargeted, unsolicited, or duplicative content or engagements from your account;
- if a large number of spam complaints have been filed against you;
- if you send large numbers of unsolicited posts, comments, replies or mentions;
- if you add users to lists in a bulk or aggressive manner;
- if you repeatedly post other people’s account information as your own (e.g., bio, posts, comments, profile, user URL, etc.);
- if you post misleading, deceptive, or malicious links (e.g., affiliate links, links to malware/clickjacking pages, etc.);
- Accounts created to replace or mimic suspended accounts may be permanently suspended.
- We may also remove accounts which HorseModels at its discretion attributes to entities known to violate the HorseModels Terms of Service.
Our Commitment To Data Security
HorseModels uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to HorseModels and you do so at your own risk. Using unsecured Wi-Fi or other unprotected networks to submit messages through the HorseModels Service is never recommended. Once we receive your transmission of information, HorseModels makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If HorseModels learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. HorseModels may post a notice on the HorseModels Site or through the HorseModels Service if a security breach occurs.
HorseModels Content Data
When you use our Services, we process any data you explicitly enter into the site (your “Content Data”), including your full name, email address, profile information, posts, comments, photos, voice recordings, videos, files, emojis, etc. HorseModels uses your Content Data for the sole purpose of serving and providing you with the full experience of HorseModels. You control how we process your Content Data through Privacy & Sharing settings in your account at HorseModels. At any time you can edit/update, retrieve or delete your Content Data in your account.
HorseModels Log Data
When you use our Services, we may receive information (“Log Data”) such as your IP address, browser type, operating system, the referring web page, pages visited, location, your mobile carrier, and device information (including device and application IDs). We receive Log Data when you interact with our Services, for example, when you visit our websites, sign into our Services, interact with our email notifications, use your account to authenticate to a third-party website or application. We may also receive Log Data when you click on, view or interact with links on our Services, including links to third-party applications, such as when you choose to install another application through HorseModels. HorseModels uses Log Data to provide, understand, and improve our Services. We either delete Log Data or remove any common account identifiers, such as your username, full IP address, or email address, after a maximum of 12 months.
Your Data Portability
At any time you can retrieve your entire Content Data package from HorseModels, using the “Download Your Content” feature in your account. When you select this feature, you will be able to download your Content Data to your personal device and decide how to migrate that data anywhere you choose.
Deleting Your Account – Right to Erasure
At all times you have an easy way to opt out of our service and delete your account as well as ALL of your Content Data, if you do not wish to continue using our services. You can find this in your “Settings” where it says “Delete My Account.” When you delete any of your Content Data, or delete your entire account, we delete your Content Data and remove your account from our production servers as soon as is technically possible based on our infrastructure design including a 30-day delay to insure the deletion request was made by you, etc. The more data you delete, the longer will the deletion process take due to load balancing protections on our servers. After we’ve deleted your Content Data from our production servers, that same data may remain in our backups for a limited period of time (maximum of 7 months) due to protection regulations and our protocols for backup content protection. We secure your data that temporarily remains on our backups with additional security protocols. If we ever need to restore our backups into the main servers of HorseModels (in a rare instance, for example recovering from a natural disaster), if any of your Content Data you have previously deleted from our main servers is still on our backups in that moment, it will be deleted prior to or right after the backups are moved to the main servers.
Notification of Requests for Account Information
HorseModels’s policy is to notify users of requests for their account information, which includes a copy of the request, prior to disclosure unless we are prohibited from doing so (e.g., an order under 18 U.S.C. § 2705(b)). Exceptions to prior notice may include exigent or counterproductive circumstances (e.g., emergencies; account compromises, etc.). We may also provide post-notice to affected users when prior notice is prohibited.
Policies for Orders, Shipping, Returns, Exchanges
These specific policies are included herein by reference from the Customer Help section.
Common purchase queries answered
Orders and Shipping
Domestic orders normally arrive within 1-10 days depending on the carrier. USPS Priority mail has become slow, so we prefer UPS ground shipping.
International orders normally arrive within 5-20 days of shipping. We use UPS when possible for international shipping. Please note international orders need to pass through customs in your country before it will be released for final delivery, which could cause a delay. If you do not pay brokerage, duty or vat, your order may be disposed of by customs or returned to us.
Please note that shipping delays will occur if you provide an incorrect address at checkout.
If your package is returned to us due to a shipping error, we’ll reach out to you via your email address provided from your order. If we don’t get a response within 90 days, we will consider the order abandoned and the shipment will become the property of HorseModels.com.
In order to reship your order for an error in your shipping address or failure to pay duty or vat, you may be required to pay for shipping.
You can create an account by going to My Account and Register by entering your email address.
Login and go to My Account and click on Addresses located in the left side bar.
Prior to shipping, You may also acquire your order status and other live updates by logging in to My Account.
When your order ships, we will notify you via email. Included in your email will be a tracking number for your shipment. We encourage you to track your package online or on the phone with the carrier. Most carriers can provide an estimated delivery date. Be sure to contact us if anything seems unusual with the progress of the shipment.
No. Your credit or debit card information entered online is processed by our card processor and not stored in the cloud or computer database. If you call and place an order, your credit or debit card information is processed followed by destruction using a micro cut shredder.
Most likely yes! We ship almost everywhere in the world. To find out if we ship to your country, place an item in your cart, select View Cart, and then Checkout. In the first checkout step- Shipping Info- select the ‘Country’ pull-down menu. If your country is included in that list, then we ship to you! If your country is not included, you, unfortunately, won’t be able to place an order. In this case, we’d suggest having a friend from another country order for you and forward the shipment to you.
Most shipments come in one package. There are occasions where multiple packages are required because of the size or weight. The way you can tell if we are sending multiple packages is if you get multiple tracking number we email your shipment is complete.
If you need to swap or return an item
Returns, Exchanges, Cancellations
- Be sure to clearly label your items with the information provided to you by the customer service representative.
- There is a 25% restocking fee on merchandise returned/exchanged for any reason other than a product shipping damage.
- Once your package is shipped, the shipping and handling charge is not refundable unless there is a product shipping damage.
- Please inspect your package immediately upon receipt for shipping damage. You must notify the carrier and us within three (3) days of receipt of any shipping damages. We cannot take responsibility for shipping damage beyond this point.
- Returns/Exchanges will not be accepted after 30 days from the purchase date.
- Returned item must be in saleable condition to be sold again to another buyer: We offer refunds as long as the goods are in saleable condition.
- We cannot accept returns for items damaged in transit where that damage is not reported to the carrier and us within three (3) days of a customer accepting that shipment. Damages must be reported immediately. Do not ship damaged items back without an RMA.
Unbridled Fulfillment
HorseModels.com
203 Mission Ave, Ste 201
Cashmere, WA 98815
You should insure your return and get tracking.
Orders placed for our models are noncancelable due to nature of creating artwork, procurement of manufacturing supplies, and production lead time. If you are unable to complete your subscription time payments, fill out the contact form, we may be able to pause payments or give you a 100% store credit for payments made.
Filing a chargeback or dispute for a legitimate order is fraudulent. If an order is shipped and it is not received, the correct action is to contact us to file an insurance claim to enable us to replace your order. Filing a chargeback or dispute is not the correct course of action if the carrier does not deliver your order. If you return your order without an RMA or the order is returned as undeliverable or unclaimed, a 25% restocking fee and 5% merchant processor fee will be imposed.
Guidelines for Law Enforcement Seeking Customer Data (Worldwide)
Like all service providers, HorseModels is legally required to turn over customer data that it hosts when it receives valid legal process from a law enforcement authority with jurisdiction. The following guidelines apply to all customer data hosted by HorseModels.
a. Service of Legal Process
Preservation requests, subpoenas, or search warrants from U.S. law enforcement or civil investigative agencies seeking data regarding HorseModels’s customers may be personally served at, or mailed to the address below. HorseModels will only respond to requests from non-U.S. law enforcement agencies that are issued by a U.S. court either by way of a mutual legal assistance treaty or a letter rogatory. Civil subpoenas require personal service and will not be accepted via fax.
b. Valid Legal Process is Required Before Disclosure
For all HorseModels customers disclosure is governed by U.S. law, including the Federal Stored Communications Act (the “SCA”), 18 U.S.C. Sections 2701-2712, as well as by our own Terms of Service and Privacy Policy. In general, we will turn over “basic subscriber” records (i.e., name, email address, phone number, and so on) in response to a valid subpoena that is issued in connection with an official criminal investigation. However, we require a search warrant issued upon a showing of probable cause under relevant state or federal law before we will turn over user content stored on our servers, such as posts, photos, videos, documents, etc. Requests by law enforcement agencies require a valid search warrant or equivalent from an agency with proper jurisdiction over HorseModels.
HorseModels Rights
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of HorseModels and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the HorseModels name or any of the HorseModels trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding HorseModels, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Indemnity
By accepting these Terms of Service, you agree to indemnify and otherwise hold harmless HorseModels, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of HorseModels; ii) unauthorized access to or alteration of your communications with or through HorseModels, or iii) any other matter relating to HorseModels. Any business transactions which may arise between users from their use of HorseModels are the sole responsibility of the users involved, and we disclaim any and all responsibility for such transactions.
You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages). Some jurisdictions do not allow the exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In no event will our total cumulative liability exceed US $10.00.
Ownership In and To The Site, Products and Services
Other than User Content (which we do not own and claim no ownership of), we own or license all right, title, and interest in and to (a) the Site and Services, including all software, text, media, and other content available on the Site and Services (“HorseModels Content”); and (b) HorseModels’s trademarks, logos, and brand elements (“Marks”). The Site and Services, HorseModels Content, and Marks are all protected under U.S. and international laws. HorseModels, the HorseModels logo, and other HorseModels logos and names are trademarks of HorseModels. You agree not to display or use these trademarks in any manner without our prior written permission.
Visual Artists Rights Act (VARA)
VARA of 1990 is a United States law protecting artist rights. VARA provides protection to limited edition sculptures of 200 or fewer consecutively numbered copies and signed by the artist. International protection is provided by the Berne Convention.
All HorseModels.com resin editions (with the exception of the bas relief Christmas ornament) are numbered, signed by Debbi LerMond, come with a Certificate of Authenticity and are less than or equal to 200 copies.
Other Provisions
HorseModels.com is provided by a company based in Washington Sate.
Under no circumstances will HorseModels be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.
If any provision of these Terms is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provisions.
The failure of HorseModels to enforce any right or provision of these Terms will not prevent HorseModels from enforcing such right or provision in the future.
HorseModels reserves the right, in our sole discretion to modify these Terms, effective upon the date a revised Terms of Service is posted on the Site with notice to you, the User, of such modification. Your continued use of the Service constitutes your binding acceptance of the terms and conditions of this Agreement, as they are amended, revised and posted on the Site periodically. We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.
These Terms will be governed by and construed in accordance with the laws of the State of Washington, without giving effect to any conflict of laws rules or provisions.
You agree that any action of whatever nature arising from or relating to these Terms, the Site, or Services will be filed only in the state or federal courts located in Chelan County, Washington. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
Contact Information
HorseModels.com
203 Mission Ave Ste 201
Cashmere, WA 98815 US
+1 206-274-9114
debbi@HorseModels.com