Terms of Service
Terms of Service
THIS DOCUMENT(“Agreement”) DESCRIBES THE TERMS AND CONDITIONS THAT APPLY TO YOUR USE OF THE DAILYHORSEPICKS.COM(DHP Site) WEBSITE AND THE SERVICES AVAILABLE THEREON (“Services”).
By registering an account and/or making purchases you are indicating your acceptance of these terms and conditions, and confirm that you have read, understand and agree to this Agreement and are legally bound to the terms and conditions of thisAgreement.
The terms “DHP”, “we”,“our” or “us” refer to Power Publishing Corporation. and its designated affiliates and service providers, and the terms “you” and “your” refer to any person or entity who uses the DHP Site and Services.
We may amend thisAgreement, in whole or in part, at any time, by posting the amended terms on the website. You understand that your continued use of the DHPSite or DHP Services after a change has been posted constitutes acceptance of the amended terms and conditions.
- PERSONAL USAGE ONLY
All data and the information is intended for personal use only and cannot be sold or repurposed in any way for commercial use.
All data and the information contained on or within the DAILYHORSEPICKS.COM website and its related content cannot be reproduced or transmitted in whole or in part in any matter without the written consent of DHP.
- QUOTING AND LINKING TO CONTENT
The content published on our website may be quoted in parts with clear attribution to the Website as owners of the content and as long as a functioning hyperlink to the website or the specific content is included
- COPYRIGHT AND TRADEMARKS
The content and all intellectual property pertaining the DHP Site and DHP Services and contained therein (including but not limited to copyrights, patents, database rights, trademarks and service marks) are owned by DHP or third parties, and all right, title and interest therein and thereto shall remain the property of DHP and/ors such other third parties. The DHP Site and DHP Services may be used only for the purposes permitted by this Agreement or described on the DHP Site. You are authorized solely to view and to retain a copy of the pages of the DHP Site for your own personal use. You may not duplicate, publish, modify, create derivative works from, participate in the transfer or sale of, post on theWorld Wide Web or elsewhere on the Internet, or in any way distribute or exploit the DHP Site, DHP Services or any portion thereof for any public or commercial use without the express written permission of DHP. Except as provided in the following section, you agree not to remove or alter any copyright, trademark or other proprietary notice or legend displayed on the DHPSite (or printed pages thereof). The name DHP and other names and indicia of ownership of DHP products and/or services referenced on this site are the exclusive marks of Power Publishing Corporation. Other product, service and company names appearing on the site may be trademarks of their respective owners.
- INTENDED USERS
The DHP Site and DHPServices are directed to persons age 18 and over. The DHP Site and DHP Service are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be illegal. By using the website, you represent that your use of the DHP Site and DHP Services is in compliance with all applicable laws and regulations. It is your sole responsibility to understand the laws that may impact your access to and/or use of the DHP Site and DHP Services including, without limitation, the laws of your country or state of residence and the laws of the country in which the DHPServices will ultimately be received. Each time you access the DHP Site and/or use the DHP Services, you represent and warrant to DHP that such access and/or use is: (i) entirely legal for you and DHP both in your country of residence and in any country directly or indirectly impacted by such access and/or use and (ii) consistent with the Agreement.
- PAYMENT TERMS
You can purchase DHPServices by using your credit card or Paypal. All transactions are processed by Paypal Holdings In/c or their subsidiaries. You understand and agree that all transactions on DHP are conducted in U.S. dollars and that currency exchange fees may apply if you use a payment method not labelled in this currency. By completing and submitting the forms required on the DHP Site to purchase DHPcredits or services you agree that the purchase price will be immediately charged to or withdrawn from the account associated with such payment method.All purchases are strictly non-refundable.
- PICKS PERFORMANCE, RELIABILITY OF DATA AND FINANCIAL IMPACT
The DHP picks and services are designed to be as reliable as possible but are not guaranteed to produce a profit when used in any form. Though DHP makes every effort conceivable to provide complete and accurate data, errors with data may occur. We are not responsible for any financial impact that any errors or omissions in any feed, graph, pick or other information provided on DHP could have. The fact that picks or information provided by DHP may have generated a profit for users in the past does not guarantee that future picks or information provided will produce profitable outcome for users. There is no guarantee to win and/or profit from the picks or information provided by DHP. All picks and information provided are intended for recreational use only.
- CUSTOMER SERVICE
You can contact the support team by email through the address support (at) dailyhorsepicks.com or by using the contact form on our website.
DHP expressly reserves the right to refuse to provide DHP Services to any users, at any time, for any reason deemed necessary to protect our interest.
Registration is subject to the terms and conditions set forth in this Agreement.
- USE OF PERSONALLY IDENTIFYING INFORMATION
- PASSWORD AND SECURITY.
You are responsible for maintaining the confidentiality of your account information, including the password and username and are responsible for all activities that occur under your account. You agree to immediately notify DHP of any unauthorized use or any other breach of security. Notwithstanding anything in this Agreement, DHPis not liable for any loss or damage arising from your failure to comply with these security measures.
- LIMITATION OF LIABILITY
NOT WITHSTANDING ANYTHING IN THIS AGREEMENT, IN NO EVENT SHALL DHP OR ANY OF ITS AFFILIATES OR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR LOST PROFITS OR ANY INDIRECT, INCIDENTAL,SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR THE LIKE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE DHP SITE OR DHP SERVICES (WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF DHP OR ANY OF ITS AFFILIATES OR THIRD PARTY SERVICE PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OFANY REMEDY.
DHP AND ITS AFFILIATES AND SERVICE PROVIDERS PROVIDE THE DHP SITE AND DHP SERVICES TO YOU “AS IS” AND“AS AVAILABLE.” DHP AND ITS AFFILIATES AND THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, ARISING OUTOF OR RELATED TO THE DHP SITE OR DHP SERVICES, INCLUDING BUT NOT LIMITED TO,ANY WARRANTY OF QUALITY, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATION OR OTHERWISE, AND ANY WARRANTY WITH RESPECT TOTHE ABSENCE OF PATENT, COPYRIGHT OR TRADEMARK INFRINGEMENT OR THE LIKE. YOU EXPRESSLY AGREE AND UNDERSTAND THAT YOUR USE OF THE DHP SITE AND DHP SERVICES IS AT YOUR SOLE RISK. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, DHP AND ITS AFFILIATES AND THIRD PARTY SERVICE PROVIDERS (A) ARE NOT PARTIES TO, AND EACH HEREBY DISCLAIMS ALL RESPONSIBILITY FOR, THE UNDERLYING TRANSACTION FOR WHICH DHP SERVICES ARE PROVIDED OR REQUESTED THROUGH THE DHP SITE; (B) ASSUME NO RESPONSIBILITY FOR THE UNAVAILABILITY OF THE DHP SITE OR DHP SERVICES, VIRUSES CAUSED BY THIRD PARTIES, ERRORS ON THE DHP SITE OR WITH DHP SERVICES OR FOR INFORMATION PROVIDED BY THIRD PARTIES (INCLUDING, BUT NOT LIMITED TO, CONTENT CONTAINED IN EMAILS SENT THROUGH THE DHP SITE); AND (C)HAVE NO LIABILITY IN CONNECTION WITH ANY UNAUTHORIZED USE OR INTERCEPTION OFDATA RELATING TO YOU, THE DHP SITE OR DHP SERVICES.
You shall indemnify, defend and hold harmless DHP, and all its officers, directors, owners, agents, employees, affiliates, licensors, licensees and third party service providers(collectively, the “Indemnified Parties”) from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys’ fees)incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from your use of the DHP Site or DHP Services. DHPreserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of DHP.
- VIOLATIONS OF RULES AND REGULATIONS
We reserve the right to seek all remedies available at law and in equity for violations of thisAgreement.
- ENTIRE AGREEMENT
This Agreement, together with all other items incorporated herein by reference, embodies the entire agreement and understanding between you and DHP and supersedes and terminates all prior agreements or understandings you may have with DHP.
We have the right to assign this Agreement to a subsidiary or affiliate company, or any third party, at any time without your consent. You may not assign or transfer this Agreement without the prior written consent of DHP.
In the event any one or more of the provisions of this Agreement shall for any reason be held to be invalid, illegal or unenforceable, such provision(s) will be deemed modified to the minimum extent necessary to make them valid, legal and enforceable and the remaining provisions shall remain valid and enforceable.
- GOVERNING LAW
Any action related to the DHP Site or DHP Services will be governed by the laws of Panama. All disputes relating to the DHP Site or DHP Services will be adjudicated in Panama.