Pursuant to the Horse Spot Package Plan executed by the Competition Management Company, the person signing up for the Platform and Horse Spot Services will be the contracting party for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding Account we may provide to the Competition Management Company in connection with the Platform. You are responsible for ensuring that the name of the contracting party, including the legal name of the company that owns the Competition Landing Page, if applicable, is clearly visible on the Competition page.

Based on your Horse Spot Package Plan, you can create one or more staff accounts (“Staff Accounts”) allowing other people to access the Account. Each Staff Account must include a full legal name and a valid email account. With Staff Accounts, the Competition Management Company can set permissions and let other people work in their Account while determining the level of access by Staff Accounts to specific business information (for example, you can limit Staff Account access to sales information or prevent Staff Accounts from changing general competition settings.)

The Competition Management Company is responsible for (a) ensuring its employees, agents, and subcontractors, including via Staff Accounts, comply with these Terms of Service; and (b) any breach of these Terms of Service by the Store Owner’s employees, agents or subcontractors. The Competition Management Company acknowledges and agrees that the Competition Management Company will be responsible for the performance of all of its obligations under the Agreement, regardless of whether its sublicenses or subcontracts any such obligations to any third party, including but not limited to any affiliates or subsidiaries of Competition Management Company.

When you create an account with the Company, you represent and warrant that you comply with the Account Terms, as defined above and these Terms of Service. The person signing up for the Platform and Horse Spot Services will be the contracting party, or the legal guardian of the contracting party, for the purposes of our Terms of Service, and will be the person who is authorized to use any corresponding Account in connection with the Platform (“User”). Users may not use as a username the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.

By providing your Payment Method to Horse Spot, you authorize Horse Spot and/or our third-party payment processor to charge your Payment Method the then-effective rate. If your Payment Method cannot be authorized or is otherwise in error, we may suspend or cancel the Horse Spot services. In the event of such failure of your Payment Method, we may take reasonable steps to retry your Payment Method. We may contact you to reconfirm or update your Payment Method. We are not responsible for any fees incurred by you when charging or retrying your Payment Method, including but not limited to, overdraft fees. We use a third-party payment service to process your Payment Method. We do not receive, store, or process your Payment Method. By submitting your Payment Method through the Platform, you agree that we may use a third party to receive, store and process your Payment Method. You further agree that we will not be responsible for any failures of the third party to adequately protect your Payment Method and other information in such third party’s possession. You agree that your provision of your Payment Method and other information to such third party is subject to the conditions of the third-party payment service provider's terms of service and privacy policy and by providing your Payment Method and related information you agree to such third party’s terms and conditions of service. You acknowledge that we may change the third-party payment service and move your information to other service providers that encrypt your information using industry standard security technology.

Horse Spot currently accepts electronic payment for services through Stripe. Accepted forms of payment are check, debit and credit cards. By using Stripe on your Horse Spot Account, you agree to be bound by the Stripe Connected Account Agreement, as they may be amended by Stripe from time to time. Such amendments to the Stripe Connected Account Agreement are effective as of the date of the posting. Your continued use of Stripe on the Horse Spot Platform after the amended Stripe Connected Account Agreement are amended and posted constitutes your agreement to, and acceptance of, the amended Stripe Connected Account Agreement. If you do not agree to any changes to the Stripe Connected Account Agreement, discontinue use of the Horse Spot Platform and deactivate your Account.

Horse Spot services and access are charged at variable rates depending on needs and entry volume. Please contact sales@horsespot.net for more information.

In the event that the awarding of any winnings/prizes to winners is challenged by any legal authority, Horse Spot reserves the right in its sole discretion to determine whether or not to award such winnings/prizes.

All prices are expressed in US Dollars. All amounts due under this Agreement are payable in either (i) US Dollars; or (ii) the local currency of an event hosted in any non-US country.  If any User makes payment of any amount in Local Currency, the Company may need to make currency conversions. The Company is entitled, without prior notice to the User, to make any currency conversions which the Company considers necessary or desirable for the purposes of complying with its obligations or exercising its rights under this Agreement. Any such conversion shall be effected by the Company in such a manner and at such rates as the Company may in its discretion determine, having regards to the prevailing rates for freely convertible currencies. The Company shall be entitled to charge to the Client and retain for the Company’s account the expenses incurred with regard to currency conversions for the User, including but not limited to commissions to banks, money transfer fees, and commissions to intermediaries.

Horse Spot will provide a full refund if (1) paid services have not been used on the platform, (2) a show is canceled due to unforeseen circumstances, and/or (3) physical products are lost in transit (in such circumstances, proof of delivery failure will be requested). No refunds will be given after a show has taken place on the platform.

Horse Spot may contract to facilitate horse shows in non-US jurisdictions. Horse Spot offers certain Platform tools to facilitate International Competitions, including but not limited to estimated local currency conversion and content translation. You authorize Horse Spot to use automated tools to translate your content, including member-to-member communications, in whole or in part, into local languages where such translation solutions are available. Horse Spot does not guarantee the accuracy and availability of any translation.

If you use the Platform in a non-US jurisdiction, you are subject to this Agreement and are responsible for complying with all laws and regulations applicable in your local jurisdiction. If as a Competitor, you do not want to adhere to the Terms of this Agreement or do not wish to allow Horse Spot to provide services specific to your local jurisdiction, you may choose not to participate in the Competition.

Horse Spot services and access are taxable based on the individual’s or business’ domicile. You acknowledge that, regardless of any action taken by Horse Spot, the ultimate liability for all taxes or tax-related items related to your use of or participation in any service hosted by Horse Spot and legal applicable to you is and remains your responsibility and may exceed any amount withheld by and at the sole discretion of Horse Spot. You further acknowledge that Horse Spot (1) makes no representations or undertakings regarding the treatment of any tax-related items in connection with any aspect of the Services provided on the Platform; and (2) do not commit to and are under no obligation to structure the terms of any portion of the Platform to reduce or eliminate the liability to you for tax-related items or achieve any particular result. Further, if you are subject to tax-related items in more than one jurisdiction, you acknowledge that the Company may be required to withhold or account for tax-related items in more than one jurisdiction. You agree to pay to the Company any amount of tax-related items that the Company may be required to withhold or account for as a result of your use of the Platform or Services provided by Horse Spot that cannot be satisfied by the means previously described. You authorize Horse Spot to withhold all applicable tax-related items legally payable by you from your wages or other cash compensation paid to you by Horse Spot as specified by law.

All taxes associated with the receipt of any prize are the sole responsibility of the winner. Horse Spot does not provide any tax related information, including, without limitation, Forms 1099 or other tax-related documents. Horse Spot does not independently collect any tax information, but provides Competition Management Companies with the ability to collect certain relevant tax information from certain individuals and participants through the Horse Spot Platform, including but not limited to Tax ID numbers. Horse Spot allows Competition Management Companies the ability to export certain tax related information, including but not limited to individual or entity names, addresses, phone numbers, emails, Tax ID numbers, and prize money earned for the limited purpose of generating tax documents for individuals or entities who participate in competitions. Competition Management Companies may contact Horse Spot at support@horsespot.net in the event they cannot access your tax information for the sole purpose of generating tax documentation for participants.

Horse Spot’s platform and site may include interactive features and areas which allow individuals to create, post, share, or store content. This includes, but not limited to, competition photos, show promotional content, and other materials (collectively, “User Content”). If you decide to share your User Content on Horse Spot or third-party platforms, you acknowledge that this User Content will be viewable by others in accordance with the privacy settings you establish and that you are solely responsible for the User Content and your use of any interactive features and areas of the Horse Spot site and platform. By using the interactive features and areas of the platform and site, you agree that you will not create, post, share, or store unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable content. Nor will you create, post, share, or store content that would constitute, encourage, or provide instructions for a criminal offense; violate the rights of any party or violate any local, state, national, or international law; infringe a patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party; contain misleading, false, or dishonest information; misrepresent your identity and/or affiliation(s); contain a third party’s private information without their consent; contain unsolicited promotions, political campaigning, advertising, or solicitations; irresponsibly reference alcohol; and transmit viruses, corrupted data, or other harmful files or content. User Content that Horse Spot judges to be objectionable or that restricts or inhibits others’ ability to use or enjoy Horse Spot’s platform, site, or products, or which may expose Horse Spot or others to any harm or liability, is also prohibited.

Horse Spot is not responsible or liable for any User Content. Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Sites at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the site or platform at your sole cost and expense.

For authorized and supervised Users under the age of eighteen (18) or other applicable age of consent in a particular jurisdiction, the authorizing and supervising parent or legal guardian hereby authorizes the limited use of images, videos, and other content captured on-site at a show or other submitted in the form of User Content for purposes of accomplishing the intended goals and functions of the Platform. Horse Spot takes the use of such content, whether User Content or otherwise, very seriously. If you feel that content including the likeness of minors is being use in an inappropriate, unauthorized, or otherwise problematic manner, please contact support@horsespot.net immediately with a reference to the specified content and the Horse Spot support team will look into the matter promptly.

Horse Spot claims no ownership interest in your User Content. Uploading, posting, or submitting User Content to Horse Spot or feeds on third-party social media platforms (e.g., Horse Spot’s Instagram, Facebook, Twitter, etc.) grants Horse Spot a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, creative derivative works from, distribute, perform, and publicly display your User Content, in whole or in part, and your name, likeness, voice, and persona in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional advertising, trade, business, illustration, artistic and other commercial and non-commercial purpose. Updating, posting, or submitting User Content to Horse Spot constitutes representing and warranting that (1) the User Content is nonconfidential, (2) you own and control all rights to the User Content or otherwise have the rights needed to post the User Content, (3) you authorize Horse Spot to use the User Content for the purposes described herein, (4) the User Content is accurate and not misleading or harmful, and (5) that the User Content, and your use and posting thereof, does and will not violate these Terms or any applicable law, rule, regulation, or third-party right.

You may provide us directly at about.horsespot.net/contact or via third party sites with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to Horse Spot, our Platform, the site, and/or the products (collectively “Feedback”). You acknowledge and agree that (i) you shall not retain, acquire, or assert any intellectual property right or other right, title, or interest in or to the Feedback; (ii) the Company may have development ideas similar to your Feedback; (iii) the Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) the Company is not under any obligation of confidentiality with respect to the Feedback. Horse Spot will own exclusive rights, including, without limitation, all intellectual property rights in, and to, such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. In the event the transfer of the ownership of the Feedback is not possible due to applicable mandatory laws, you grant the Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited, and perpetual right to use (including copy, modify, create derivative works, publish, distribute, and commercialize) the Feedback in any manner and for any purpose.

Confidential Information will include, but is not limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. Horse Spot’s Confidential Information includes all information that you receive relating to us, or to the Platform or Services, that is not known to the general public including information related to our security program and practices.

Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service. Each party agrees that it will take all reasonable steps, at least substantially equivalent to the steps it takes to protect its proprietary information, to prevent the duplication, disclosure, or use of any such Confidential Information, other than (i) by or to its employees, agents, and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each will treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party will give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential information will not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms of Service; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.

The Company reserves the right to terminate or suspend accounts, refuse service, bar access to the Platform, remove or edit content, or cancel orders in our sole discretion, without prior notice or liability, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

If the Company suspends or deactivates your account or limits your use of the Platform pursuant to this Agreement, you are thereafter prohibited from registering and creating a new account under your name or business name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. Even after your right to use the Platform is suspended, terminated, or limited, this Agreement will remain enforceable against you. The Company reserves the right to take appropriate legal action pursuant to this Agreement.

The Company reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Platform in its sole discretion.

You may cancel your Horse Spot Account at any time through your Account Settings page, though we will be sorry to see you go.

We care about the privacy of our users. By using our Services, you acknowledge that we may collect, use and disclose your personal information and aggregated and/or anonymized data as set forth in our Privacy Policy, and you acknowledge that you may have your personal information collected in, used in, transferred to, and proceed in the United States. If your use of the Services requires us to process any personal data of personal information within your Content, as these terms are in and in accordance with applicable privacy laws or regulations, we will do so at all times in accordance with our Privacy Policy.

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Horse Spot, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Gainful Parties”), from and against all actual or alleged Horse Spot or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the platform, site, content, or products, (b) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms, (c) any Feedback you provide, (d) your violation of these Terms, (e) your violation of the rights of another, and (f) any third party’s use or misuse of the Sites or Products provided to you. You agree to promptly notify Horse Spot of any third-party Claims and cooperate with Horse Spot in defending such Claims. You further agree that Horse Spot shall have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Horse Spot.

You are solely responsible for your conduct on Horse Spot’s platform, site, and other associated properties. Horse Spot reserves the right to change any and all Content and to modify, suspend, or terminate access to the platform and site (or any features and functionality of the same). Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, vendor, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation with, Horse Spot. Some jurisdictions prohibit the disclaimer of implied terms in contracts with consumers; in such cases, some, or all of the disclaimers in this section may not apply to you.

To the fullest extent permitted by applicable law, in no event shall Horse Spot or any of the other Horse Spot parties be liable for any indirect, special, incidental, consequential, exemplary or punitive damages of any kind (including, but not limited to, loss of revenue, income or profits, loss of use or data, loss or diminution in value of assets or securities, or damages for business interruption) arising out of or in any way related to the access or use of the sites or platform  or the order, receipt or use of any service or product (including, but not limited to, any damages caused by or resulting from reliance by any user on any information obtained from Horse Spot, or from mistakes, omissions, interruptions, deletions of files or emails, errors, defects, bugs, viruses, Trojan Horses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Horse Spot records, programs or systems), regardless of the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed), strict product liability or any other legal or equitable theory (even if the party has been advised of the possibility of such damages and regardless of whether such damages were foreseeable). To the fullest extent permitted by applicable law, in no event shall the maximum aggregate liability of Horse Spot and the other Horse Spot parties (jointly) arising out of or in any way related to (a) the order, receipt or use of services or products purchased from Horse Spot exceed the amount paid for such products; and (b) the order, receipt or use of product, or access or use of the sites or content, exceed the greater of $250 or the amount you paid to us in the one (1) month period immediately preceding the date on which your claim arose. The foregoing limitations shall apply even in the event your remedies hereunder fail of their essential purpose, and the foregoing shall constitute Horse Spot and the other gainful parties’ sole liability and obligation in respect hereof, regardless of the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed), strict product liability or any other legal or equitable theory. To the fullest extent permitted by applicable law, you, on behalf of your heirs, executors, administrators, legal and personal representatives, hereby release, waive, acquit and forever discharge Horse Spot and the other Horse Spot parties from and against, and covenant not to sue any such Horse Spot party for, all claims you have or may have arising out of or in any way related to these terms. If you are a California resident, you hereby waive your rights under California civil code 1542, which states “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” Access to Horse Spot and/or any other content, information, products and/or services offered by and/or through the same would not be provided to you without such limitations. Some jurisdictions prohibit the disclaimer of implied terms in contracts with consumers; in such cases, some or all of the disclaimers in this section may not apply to you.

Horse Spot reserves the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the platform and site (or any features or parts thereof) at any time and without liability thereafter. Horse Spot reserves the right to withdraw or amend its services, and any service or material Horse Spot provides, in its sole discretion without notice. Horse Spot will not be liable if for any reason all or any part of the platform or site is unavailable at any time or for any period.

Most concerns can be resolved quickly and satisfactorily by emailing us at support@horsespot.net. In the event that we cannot resolve a dispute, we each agree that any and all disputes, controversies, or claims arising under, out of, or related to this agreement or the contractual relationship established by it (whether in contract, tort, or any other statute, regulation, ordinance, or other source of law) will be resolved on an individual basis through binding arbitration. You and Horse Spot each expressly waive any right to trial by jury and the right to participate in a class action lawsuit or class-wide arbitration. Neither you nor Horse Spot shall be permitted or entitled to join or consolidate claims by or against others, or arbitrate or otherwise participate in any claims as a class member, class representative, or in any other representative capacity. The arbitration will be conducted by a single, neutral arbitrator and will take place in the county or parish in which you reside, or another mutually agreeable location, in the English language. All issues are for the arbitrator to decide, including (but not limited to) issues relating to the scope and enforceability of this agreement to arbitrate and the arbitrability of any dispute between you and Horse Spot. The arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys’ fees when authorized by law. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. At your request, hearings may be conducted in person or by telephone, and the arbitrator may provide for submitting and determining motions on briefs, with or without oral hearings. Horse Spot agrees that, upon request, it will pay a consumer’s filing fee for the arbitration. For the benefit of the parties, all aspects of the arbitration proceeding, including (but not limited to) the transcripts of the hearing, the transcript of any deposition, and all documents produced or used during the arbitration proceeding, will be strictly confidential. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. If a court decides that any provision of this paragraph is invalid or unenforceable, that provision will be severed and the other parts of this paragraph (and the remainder of these terms) will continue to apply, but in no case shall either you or Horse Spot be permitted to participate in a class action lawsuit or class-wide arbitration.