The Horn Terms of Service (TOS)
Immediately below is a summary of the pertinent points of our Terms of Service. The actual TOS legal document is below it.
- You must be at least 18 years old to join The Horn.
- You can cancel your account at any time, by going to Settings > Delete Account in your profile. ALL posts you have made and files you have uploaded to your account will be instantly deleted; this is an irrecoverable action.
- All posts and User Contributions to the Network must be made in the English language.
- You cannot post anything that is explicitly against applicable federal, state, local, or international law or regulation; this includes child pornography and terroristic threats. We will alert the pertinent authorities if you do.
- You cannot post content for which you do not own the copyright, but you keep the rights of any content you post where you do own the rights, thereby giving us a perpetual license to display them.
- If you are a Group Creator, you are legally responsible for all activity and all posts your members contribute to all your groups.
— THE LEGAL TERMS OF SERVICE FOR THE HORN BEGINS BELOW THIS LINE —
THE HORN COMPANY LLC
TERMS OF SERVICE
Acceptance of the Terms of Service
This Network is offered and intended to be made available to users in the United States who are 18 years of age or older and who are legally able to form a binding contract with the Company. By using this Network, you represent and warrant that you meet the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Network.
Please note we currently provide the Network only in the English language. All use of the Network, including the posting or submitting of any information or content by users must be in the English language.
Changes to the Terms of Service
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Network from and after that time. However, any changes to the dispute resolution provisions described in the sections entitled “Governing Law and Jurisdiction” will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Network.
Your continued use of the Network following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Changes to the Network
We may update the content on this Network, but its content is not necessarily complete or up-to-date. Any of the material on the Network may be out of date at any given time, and we are under no obligation to update such material.
We reserve the right to withdraw or amend this Network, and any service or material we provide on the Network, in our sole discretion and without notice. We will not be liable if for any reason all or any part of the Network is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Network, or the entire Network, to some or all users.
Accessing the Network and Account Security
We will establish a registered user account for you when you complete your registration on the Network. You will supply a user name and password, and/or any other piece of information needed for our security procedures; you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Network or portions of it using your user name, password, or other security information. You agree to keep your information up to date. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
You are responsible for:
• Making all arrangements necessary for you to have access to the Network.
• All costs you incur, in addition to any registration or service fees we charge, such as, for example, computer equipment and data or roaming charges you might incur when accessing or using the Network wirelessly on a mobile device.
• Ensuring that all persons who access the Network through your internet connection are aware of these Terms of Service and comply with them.
You may not have a screen name that is vulgar, attempts to impersonate another person, violates the rights of others or attempts to impersonate, or imply, that you are a Network administrator or other employee of the Company. We reserve the right to reject any screen name that we determine in our sole discretion is unacceptable for use on the Network. We also have the right to reject or disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our sole opinion, you have violated any provision of these Terms of Service.
Purchases and Other Terms and Conditions
All purchases on or through our Network or other transactions for the sale of goods, services, or information formed through the Network or resulting from visits made by you are governed these Terms of Service. Additional terms and conditions may also apply, from time to time, to specific portions, services, or features of the Network. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Service.
For any products offered for a fee including, but not limited to, subscription fees for access to the Network, you agree to pay all charges for purchases that you make from us. These charges include, among others, all applicable taxes, fees and surcharges, if any. You agree to abide by any terms that will apply to purchases or subscriptions. You must select a payment method to pay us for all charges, including for recurring billing. If you use a credit card or other electronic payment process, that credit card or electronic payment account must be in your name, and you must give us accurate billing and payment information and keep this information up-to-date with us. We will bill you through the payment method associated with your account and you agree that if you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, you may cancel before your subscription renewal date as set forth below. All subscriptions are subject our refund policy below. We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.
If you use a credit card or other electronic payment method, you authorize us to charge your designated payment method for these charges and to retain information about the payment method associated with your account. If we do not receive payment from your designated payment method, you agree to pay all amounts due on demand by us. Each time you use a paid service with us, you reaffirm that (1) we are authorized to charge your designated payment method; (2) we may submit charges incurred under your account for payment; and (iii) you will be responsible for such charges, even if your account is canceled or terminated.
You may cancel your subscription to the Network at any time, and you will continue to have access to the Network until the end of your then-current subscription billing period and your subscription will not be renewed thereafter. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL SUBSCRIPTION BILLING PERIODS UNLESS SPECIFICALLY AUTHORIZED IN OUR SOLE DISCRETION. If you cancel your subscription, your account will automatically close at the end of your current subscription billing period. To cancel, go to the “Your Account” link on or within the Network and follow the instructions for cancellation.
Group Creators Role
Currently membership in The Horn is broken into two categories, Group Creators and Group Members. Group Creators is a paid role, and only Group Creators can create groups on The Horn. Currently Group Creators may create an unlimited number of groups, including sub-groups nested into a main group. Group Members is currently a non-paid role, and Group Members may join an unlimited number of groups but cannot create groups, unless and until they upgrade their account to the Group Creators role.
Group Creators are legally responsible for the content and activity residing in the groups they create and manage, and for the behavior of the Groups Members inside of those groups.
Intellectual Property Rights
The Network and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Subject to your compliance with these Terms of Service, you are granted a non-exclusive, revocable license to use the Network for your personal use only. Except as may be permitted by these Terms of Service, you must not: reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of material on our Network, other than as follows:
• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Network for your own personal use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal use, provided you agree to be bound by these Terms of Service or any end user license agreement for such applications.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.
Additionally, you must not:
• Modify copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
• Sell or redistribute the software or incorporate it or any portion of it into another product.
• Reverse engineer, decompile, or disassemble the software or otherwise attempt to derive source code (except where permitted by law).
If you breach the Terms of Service, your right to use the Network will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Network or any content containing our intellectual property rights or those of our suppliers or licensors on the Network is transferred to you, and all rights not expressly granted to you are reserved by the Company and our suppliers and licensors. All software is either owned by us or is the property of our suppliers or licensors. Any use of the Network not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
Your Postings: As between you and us, you own your User Contributions you submit or post through or
on the Network, but in doing so, you grant us and our affiliates (and our service providers) a non-exclusive, perpetual license to your User Contribution as set forth in the section “User Contributions” below.
If you wish to make any use of materials on the Network other than as allowed by these Terms of Service, please address your request to: [email protected]
The Company name, the terms “The Horn”, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Network are the trademarks of their respective owners.
You may use the Network only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Network:
• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms of Service including in compliance with the Content Standards set forth below.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Network, or which, as determined by us, may harm the Company or users of the Network or expose them to liability.
Additionally, you agree not to:
• Use the Network in any manner that could disable, overburden, damage, or impair the Network or interfere with any other party’s use of the Network, including their ability to engage in real time activities through the Network.
• Use any robot, spider, or other automatic device, process, or means to access the Network for any purpose, including monitoring or copying any of the material on the Network.
• Take screenshots from inside the Network and post or display them in public or private media that exists outside the Network.
• Use any manual process to monitor or copy any of the material on the Network or for any other unauthorized purpose without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Network.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Network, the servers on which the Network is stored, or any server, computer, or database connected to the Network.
• Attack the Network via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Network
Any use of the Network in violation of the foregoing is a breach of these Terms of Service.
The Network may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, status updates, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to the Network and other users or other persons (hereinafter, “post”) content, information or materials (collectively, “User Contributions”) on or through the Network.
All User Contributions must comply with the Content Standards set out in these Terms of Service below. Any User Contribution you post to the Network will be considered non-confidential and non-proprietary. As between you and us, you own your User Contributions you post through or on the Network. However, by posting or providing any User Contribution through or on the Network, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a worldwide, perpetual, non-exclusive, fully paid up and sublicensable, license and right to use, copy, reproduce, modify, perform, display, distribute, publish, process and otherwise disclose to third parties any such User Contributions without any further consent, notice and/or compensation to you or others.
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.
• All of your User Contributions do and will comply with these Terms of Service.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full 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 Network.
By submitting suggestions or other feedback regarding our Network to us, you agree that we can use and share (but we do not have to) such feedback for any purpose without compensation to you.
Monitoring and Enforcement; Termination
We have the right to:
• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Service, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Network or the public, violates the Prohibited Uses or could create liability for the Company.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Network, or for the posting in the Network of any material illegal under applicable state or federal laws.
• Terminate or suspend your access to all or part of the Network for any or no reason, including without limitation, any violation of these Terms of Service, and/or take any other actions that the Company deems appropriate to enforce its rights and pursue all available remedies.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Network or violating these Terms of Service. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot and do not undertake to review all material before it is posted on the Network, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
• Contain any material that would be deemed illegal under state or federal laws, including but not limited to child pornography or threats of physical violence.
• Contain any material that is harassing, violent, defamatory, obscene, abusive, hateful, discriminatory, deceptive, or otherwise objectionable.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Network infringe your copyright, you may request removal of those materials (or access to them) from the Network 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 Network, 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:
The Horn Company LLC
1757 Commerce Court
St. Paul MN 55110
Email: [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 Network 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 Network 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 designated above.
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 Network may be found) and that you will accept service from the person (or an agent of that person) who provided the Network with the complaint at issue.
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 Network 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.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Reliance on Information Posted
The information presented on or through the Network is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Network, or by anyone who may be informed of any of its contents.
This Network may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Information About You and Your Visits to the Network
Linking to the Network and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. This Network may provide certain social media features that enable you to:
• Send emails or other communications with certain content, or links to certain content, on this Network.
• Cause limited portions of content on this Network to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, solely with respect to the content they display with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
• Cause the Network or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Link to any part of the Network other than the sales homepage, at https://thehorn.net.
• Otherwise take any action with respect to the materials on this Network that is inconsistent with any other provision of these Terms of Service.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Service.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may also disable all or any social media features and any links at any time without notice in our discretion.
Links from the Network
If the Network contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Network, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Network is based in the State of Minnesota in the United States. Currently we provide this Network for use only by persons located in the United States. We make no claims that the Network or any of its content is accessible or appropriate outside of or complies with any laws, rules or regulations outside of the United States. Access to the Network may not be legal by certain persons or in certain countries. If you access the Network from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Network will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE NETWORK OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE NETWORK OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE NETWORK, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE NETWORK IS AT YOUR OWN RISK. THE NETWORK, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE NETWORK ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE NETWORK. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE NETWORK, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE NETWORK WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE NETWORK OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE NETWORK WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE NETWORK, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE NETWORK OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT WILL THE COMPANY’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE NETWORK AND THE COMPANY’S SERVICES EXCEED THE GREATER OF $100.00 USD OR THE AMOUNT YOU PAID THE COMPANY IN THE LAST 12 MONTHS.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Network, including, but not limited to, your User Contributions, any use of the Network’s content, services, and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Network.
Governing Law and Jurisdiction
All matters relating to the Network and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule (whether of the State of Minnesota or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Network shall be instituted exclusively in the federal courts of the United States or the courts of the State of Minnesota in each case located in the City of Minneapolis and County of Hennepin, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver of Jury Trial and Class Actions
YOU WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY, AND ALSO WAIVE RIGHTS TO A TRIAL BY JURY.
At Company’s sole discretion, it may require you to submit any disputes arising from these Terms of Service or the use of the Network, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association, applying Minnesota law.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE NETWORK MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
You acknowledge and agree that, notwithstanding any other provisions of these Terms of Service, your breach or threatened breach of these Terms of Service will cause us irreparable damage for which recovery of money damages would be inadequate. Therefore, we may obtain timely injunctive relief to protect our rights under these Terms of Service in addition to any and all other remedies available at law or in equity.
Waiver and Severability
No waiver by the Company of any term or condition in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
Your Comments and Concerns
This website is operated by The Horn Company LLC, 1757 Commerce Court, St. Paul MN 55110. All notices of copyright infringement claims should be sent to the copyright agent designated above in the manner and by the means described in these Terms of Service. All other feedback, comments, requests for technical support, and other communications relating to the Network should be directed to: [email protected]
Updated: April 1, 2021 (third revision)