The Ojibwe Horse Society runs a blog, forum, online store, vendor platform, and website at www.ojibwehorse.ca which we would love for you to use. Our services are designed to give you as much control and ownership over the content you share as possible and encourage you to express yourself freely. However, be responsible in what you publish. In particular, make sure that none of the prohibited items listed in the “Conduct” section appear on our website.
If you find content that you believe violates these Terms of Service, please contact us to report it.
If a dispute arises out of, or in connection with these Terms of Service, and the parties do not resolve some or all of the dispute through direct negotiation, then the parties agree to attempt to resolve the dispute through mediation, in accordance with the Terms of Mediation set out in the Bylaws of the Ojibwe Horse Association.
(The Terms of Service below are available under a Creative Commons Sharealike license, which means you’re more than welcome to repurpose it for your own use. Just make sure to replace references to us with ones to you, and if you don’t mind place a link to Ojibwehorse.ca somewhere on your website. They spent a lot of money and time on the below, and feel other people shouldn’t need to do the same.)
Terms of Service:
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by The Ojibwe Horse Society, acceptance is expressly limited to these Terms.
Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older (16 years or older in the European Union).
Use of our Services may require a ojibwehorse.ca account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
1. User Contributions
The Website may contain one or more blogs, message boards, chat rooms, forums, bulletin boards and other interactive features (collectively, “Interactive Services“) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post“) content or materials (collectively, “User Contributions“) on or through the Website.
Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
We reserve the right to remove any User Contribution for any reason at our sole discretion.
2. Ecommerce Features.
There are certain features offered on Ojibwehorse.ca that enable you to offer items for sale to the public (goods, content, services, etc.) (“Ecommerce Features”).
- Prohibited Uses. You may not use Ecommerce Features for any unlawful purposes, or in furtherance of illegal activities. We may terminate your access to Ecommerce Features if we determine (in our sole discretion) that your use is in any way harmful or objectionable.
- Tax Calculations. You may need to collect, report, and/or pay correct tax amounts to the appropriate authorities, if applicable, and if needed, inform your customers about any taxes they may be required to pay and issue appropriate invoices. We are not involved in your tax obligations. We recommend you consult an appropriate tax professional for your specific tax situation.
- Shipping Services.
- When you list an item or service for sale, we are not involved in any way with your product or its shipment.
- You are solely responsible for compliance with all applicable rules and regulations, including domestic and international shipping and customs regulations and those of the relevant mailing service.
- In addition, you are solely responsible for customs charges, import taxes or duties, or any other charges related to your shipments.
- Your Responsibilities. You are solely responsible for all of your ecommerce activities, including your items, your sale of those items, all applicable taxes and fees, compliance with the Payment Card Industry Data Security Standard (PCI DSS), and compliance with any applicable laws. Among other things, this means that:
- You should use your best judgment when listing items, processing payments, and selling items. For example, you may not want to accept check payments if you are not comfortable sharing your mailing address with a customer, or you may want to clearly identify payment and return policies.
- We are not involved in your relationships or transactions with any customer or potential customer.
- You are responsible for resolving all support questions, comments, and complaints, including refunds, chargebacks, or pricing questions. You should provide contact information so that customers may contact you with questions or complaints.
- You are responsible for delivering items sold to your customers, and for fulfilling all promises, representations, or warranties you make to them in connection with a sale.
You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
b) that is pornographic;
c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, gender identity, sexual orientation, race, ethnicity, age, or disability;
d) that states, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, colour, national origin, religion, sex, familial status or handicap (or violates any federal or local law prohibiting discrimination on the basis of these or other characteristics);
e) that violates federal or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability.
f) with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring Canadian citizenship or lawful permanent residency as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal or local government contract.
g) that impersonates any person or entity, real or imagined, including, but not limited to, a member of the Ojibwe Horse Society, or falsely states or otherwise misrepresents your affiliation with a person or entity;
h) that includes personal or identifying information about another person without that person’s explicit consent;
i) that is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;
j) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
k) that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
l) that constitutes or contains any form of advertising or solicitation if: posted in areas of the ojibwehorses.ca sites which are not designated for such purposes; or emailed to ojibwehorses.ca users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
m) that includes links to commercial services or web sites, except as allowed in the provided online marketplace section;
n) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law. A partial list of prohibited items for sale and prohibited services offered is provided at the following web address for your convenience:
o) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
p) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service; or
q) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
r) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
s) “stalk” or otherwise harass anyone;
t) collect personal data about other users for commercial or unlawful purposes;
u) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – unless expressly permitted by ojibwehorses.ca;
v) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
w) post the same item or service in more than one classified category or forum, or in more than one local area – unless expressly permitted by ojibwehorses.ca;
x) attempt to gain unauthorized access to ojibwehorses.ca’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the ojibwehorses.ca website; or
y) use any form of automated device or computer program that enables the submission of postings on ojibwehorses.ca without each posting being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
z) use any form of automated device or computer program (“flagging tool”) that enables the use of ojibwehorses.ca’s “flagging system” or other community moderation systems without each flag being manually entered by the person that initiates the flag (an “automated flagging device”), or use the flagging tool to remove posts of competitors, or to remove posts without a good faith belief that the post being flagged violates these TOU;
4. Responsibility of Visitors.
The Ojibwe Horse Society may list items for sale in an online store format. Payment for such items are considered donations to the Society and are offered on a no-warranty, no-return basis.
We have not reviewed or inspected, and cannot review or inspect, all of the material (such as livestock, items for sale, or content) posted to our Services by users or anyone else (“Site Materials”), and are not responsible for any Site Materials’ content, use, or effects. We do not endorse any Site Materials or represent that Site Materials are accurate, useful, or non-harmful. We also disclaim any responsibility for any harm resulting from anyone’s use, purchase or downloading of Site Materials. If you access or use any Site Materials, you are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Site Materials may be offensive, indecent, objectionable, or include technical inaccuracies, typographical mistakes, and other errors, or violate or infringe the privacy or publicity rights, intellectual property rights, (see section 6 below to submit copyright complaints) and other proprietary rights, of third parties. Any Site Materials offered for sale through any of our Services are the seller’s sole responsibility, and you agree that you will look solely to the seller for any damages that result from your purchase or use of Site Materials. We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes, between you and the provider of any Site Materials. Please note that additional terms and conditions may apply to the downloading, copying, purchase, or use of Site Materials.
5. Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material made available through the websites and webpages to which Ojibwehorse.ca links, and that link to Ojibwehorse.ca. The Ojibwe Horse Society does not have any control over those non-Ojibwehorse.ca websites, and is not responsible for their contents or their use. By linking to a non-Ojibwehorse.ca website, The Ojibwe Horse Society does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Ojibwe Horse Society disclaims any responsibility for any harm resulting from your use of non-Ojibwehorse.ca websites and webpages.
6. Third Party Services.
You may link to services, products, or applications developed by a third party or yourself (“Third Party Services”) in your posts and profile.
If you use any Third Party Services, you understand that:
- Third Party Services are not vetted, endorsed, or controlled by The Ojibwe Horse Society.
- Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party Services.
- Your use is solely between you and the respective third party (“Third Party”) and will be governed by the Third Party’s terms and policies. It is your responsibility to review the Third Party’s terms and policies before using a Third Party Service.
- We cannot provide support for issues caused by any Third Party activities or services.
- If you have questions or concerns about how a Third Party Service operates, or need support, please contact the Third Party directly.
In rare cases, we may at our discretion, suspend, disable, or remove Third Party Services from your posts or profile.
7. Copyright Infringement and DMCA Policy.
As The Ojibwe Horse Society asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Ojibwehorse.ca violates your copyright, you are encouraged to notify The Ojibwe Horse Society. The Ojibwe Horse Society will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. The Ojibwe Horse Society will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of The Ojibwe Horse Society or others. In the case of such termination, The Ojibwe Horse Society will have no obligation to provide a refund of any Membership amounts previously paid to The Ojibwe Horse Society.
8. Intellectual Property.
This Agreement does not transfer from The Ojibwe Horse Society to you any The Ojibwe Horse Society or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with The Ojibwe Horse Society. The Ojibwe Horse Society, Ojibwehorse.ca, the Ojibwehorse.ca logo, and all other trademarks, service marks, graphics and logos used in connection with Ojibwehorse.ca or our Services, are trademarks or registered trademarks of The Ojibwe Horse Society or The Ojibwe Horse Society’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any The Ojibwe Horse Society or third-party trademarks.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on our website. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
The Ojibwe Horse Society may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Ojibwehorse.ca account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
11. Disclaimer of Warranties.
Our Services are provided “as is.” The Ojibwe Horse Society and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither The Ojibwe Horse Society nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or goods or services through, our Services at your own discretion and risk.
12. Jurisdiction and Applicable Law.
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the province of Manitoba, Canada, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be appropriate courts located in Winnipeg, Manitoba, Canada.
13. Arbitration Agreement.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
14. Limitation of Liability.
In no event will The Ojibwe Horse Society, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to The Ojibwe Horse Society under this Agreement during the twelve (12) month period prior to the cause of action. The Ojibwe Horse Society shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
15. General Representation and Warranty.
You represent and warrant that your use of our Services:
- Will be in strict accordance with this Agreement;
- Will comply with all applicable laws and regulations (including without limitation all applicable laws regarding online conduct and acceptable content, the transmission of technical data exported from Canada or the country in which you reside, privacy, and data protection); and
- Will not infringe or misappropriate the intellectual property rights of any third party.
16. Canadian Economic Sanctions.
You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable Canadian Sanctions. Such use is prohibited, and The Ojibwe Horse Society reserves the right to terminate accounts or access of those in the event of a breach of this condition.
You agree to indemnify and hold harmless The Ojibwe Horse Society, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of this Agreement, materials (such as computer software, items for sale, or content) that you post, and any ecommerce activities conducted through your or another user’s site.
These Terms of Service were originally written in English (Canadian). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
19. Copyright (DMCA Notices)
This section applies to materials posted to our Website, where such materials comprise or incorporate copyrighted materials pursuant to the laws of the United States of America only. If you believe any materials accessible on or from the Website (the “Website“) infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA“), the written notice (the “DMCA Notice“) must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated Copyright Agent to receive DMCA Notices is [email protected]
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice“) by submitting written notification to our copyright agent (identified below). Pursuant to the DMCA, the Counter-Notice must include substantially the following:
- Your physical or electronic signature.
- An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled. Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.
Our designated Copyright Agent to receive DMCA Notices is [email protected]
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
This Agreement constitutes the entire agreement between The Ojibwe Horse Society and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of The Ojibwe Horse Society, or by the posting by The Ojibwe Horse Society of a revised version.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; The Ojibwe Horse Society may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.