Terms & Conditions
For purposes of this Release & Waiver, the “Horsemanship Society International Inc.” (HSI Inc.) is defined as HSI Inc., www.horsemanshipsociety.org, its employees, directors, administrators and contractors. The “Rider” shall mean the undersigned person and their executors, administrators, attorneys, agents, representatives, heirs, and assigns.
The Rider AND/OR the rider’s parent or legal guardian (if the rider is under age 18) certifies, acknowledges, fully and unconditionally agrees to release, waive and hold HSI Inc. harmless from any injury, harm or even death resulting from all inherent risks and intrinsic dangers of horseback riding or being around horses in general and use of this website. The Rider further attests and swears that she/he has been carefully and explicitly educated on the unpredictable behavior of horses and dangerous nature of horseback riding and being in close contact with horses in general. The Rider also attests and swears that she/he is fully aware that there exists valid and enforceable equine activity limiting liability statutes and/or laws in most regions, states, provinces, counties and countries where HSI Inc. is available.
These Laws limit the liability for those who provide access to horses and horse related activities. Each of those Laws is incorporated herein by reference. In the event that no such Laws exist, the Rider has been informed of the legal doctrine known as “assumption of the risk”, which means that a person involved or participating in a dangerous activity fully agrees to take full responsibility for any injury, harm, or even death resulting from a danger or risk that is normal, reasonably anticipated, natural, built-in, intrinsic to or inherent in an equine activity. The Rider agrees that she/he knowingly assumes all risks associated with using the HSI Inc. website, shows, training, horse schooling, travel, and related activities.
The Rider fully and completely understands and comprehends that were it not for this full agreement to release, waive and hold HSI Inc. harmless from injuries, harm, or even death resulting from the inherent risks and intrinsic dangers associated with equestrian activity and use of the HSI Inc. website. The Rider fully and unconditionally agrees to release, waive and assume the inherent risks and intrinsic dangers associated with the use of the HSI Inc. website, including, but not limited to, the following:
- The propensity of a horse to behave in ways that may result in injury, harm or death to persons on or around them (the powerful and potentially dangerous and destructive ways in which these large animals can behave include, but are not limited to, bucking, shying, kicking, running, biting, stumbling, rearing, falling and stepping on any person on or near the horse),
- The unpredictability of the animal’s reaction to such things as sounds, sudden movement, and unfamiliar objects, persons, or other animals,
- The unpredictable or erratic actions by other horses or persons relating to equine behavior, 4) Certain hazards such as surface and subsurface conditions,
- Collisions with other animals, objects, or persons,
- The potential for the rider participants and others to act in a negligent manner that may contribute to injury to the rider or others, such as failing to maintain control over the animal or not acting within his or his/her riding ability,
- Other unforeseeable or unpreventable accidents or events associated with or a result of horseback riding or being around horses in general.
Important: The Rider AND/OR the rider’s parent/ guardian fully attests and swears that she/he understands the legal concept of negligence (normal carelessness) and agrees and consents to release and waive all claims, actions, causes of actions, and liability arising from any ordinary act of negligence (including failure to warn) on the part of HSI Inc.
The Rider AND/OR the rider’s parent or guardian represents that he/she;
- is the person who signed this form;
- understands and acknowledges that he/she is fully responsible for all damages, injuries, death or claims arising from the inherent risks of horseback riding, horse related riding competitions, being around horses in general or the ordinary negligence of HSI Inc.;
- agrees to indemnify, pay and hold harmless the HSI Inc. from all awards, judgments, costs expenses and attorney fees associated with or arising from any claims or litigation that may arise from or are related to the Rider’s assistance in preparation and schooling of horses for any HSI Inc. Events or activity; and
- unconditionally promises not to sue or maintain any legal action against, or attempt to make any recovery from, the HSI Inc. in any civil litigation, mediation, arbitration or alternative dispute resolution proceedings.
- All video submitted was filmed in accordance with local laws, regulations and guidelines in effect at the time of filming regarding COVID-19 within the location’s jurisdiction.
Please Carefully Read This Form Before Signing. By Signing This Form You Are Giving Up Certain Important Legal Rights And Claims.
By creating an account, viewing videos, making a purchase, uploading videos, or otherwise visiting or using our Services, you accept this Agreement and consent to contract with us electronically.
If you are an entity other than a natural person, the person who registers the account or otherwise uses our Services must have the authority to bind the entity. In this context, “you” means both the entity and each person who is authorized to access the account.
We may update this Agreement by posting a revised version on our website. By continuing to use our Services, you accept any revised Agreement.
2. Our Services
Subject to the terms hereof, we grant you access to our Services. This includes the right to:
- Stream videos that you have the right to view;
- Upload videos, subject to your membership level; and
- Use all related functionality that we may provide.
Features: The features available to you will depend on your plan. We may change features from time to time. If you have a paid account, we commit to providing the core access, video and streaming features of your plan during your current membership period.
Transactions: We may offer digital or commercial goods for sale. All sales are non-refundable and shipping will be added to the cost of the sale, where applicable.
Registration: You may create an account to use certain features we offer (e.g., uploading or live streaming videos). To do so, you must provide an email address and contact information. By creating an account, you agree to receive notices from Horsemanship Society International Inc. (HSI Inc.) at this email address.
Organizational Accounts: Corporate, governmental, and other organizational users must publicly display the legal name of their entity on their public account profile
Age Requirements: You must be at least 18 years old or the applicable age of majority in your jurisdiction, whichever is greater, to create an account or otherwise use our Services. Individuals under the applicable age may use our Services only through a parent or legal guardian’s account and with their involvement. Please have that person read this Agreement with you and consent to it before proceeding.
Parents and Legal Guardians: By granting your child permission to use the Services through your account, you agree and understand that you are responsible for monitoring and supervising your child's usage. If you believe your child is using your account and does not have your permission, please contact us immediately so that we can disable access.
Account Security: You are responsible for all activity that occurs under your account, including unauthorized activity. You must safeguard the confidentiality of your account credentials. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password and notify us immediately.
4. Subscription Plans
Plan Types: We offer Free (Basic) memberships and Premium (Paid) memberships/accounts/subscriptions that allow you to upload video content and access other parts of the website.
Basic and Premium Memberships/Accounts/Subscriptions: Free (Basic) subscribers and Premium (Paid) subscribers may not: (a) use the Services for commercial purposes; or (b) submit videos that they did not create or play a material part in creating.
Fees: You must pay all fees (plus any applicable taxes) during your subscription period and any renewal periods. Our fees may include a fixed monthly or annual fee plus variable fees for transactions or usage.
Free trials and Discounts: We may offer free-trial or discounted subscriptions. When a free-trial period ends, your paid subscription begins (unless you have cancelled) and you must pay the full monthly or annual fee. If we provide a discount for the first subscription period, you must pay the discounted fee; in any renewal, you must pay the full fee.
Refund Policy: Subject to the terms hereof, subscribers who purchase plans directly from HSI Inc. may cancel and receive a full refund of their initial purchase within fifteen (15) days after purchasing an annual plan and three (3) days after purchasing a monthly plan. Our refund policy does not apply to:
- Fees and Purchases;
- Fees charged immediately after a free-trial period ends;
- Fees charged in accordance with video uploads;
- Subscription renewals or migrations to other plans;
- Fees other than annual or monthly subscription fees;
- Requests made after the specified periods;
- Purchases of commercial goods off the website and associated shipping charges;
- Customers who have breached this Agreement or whose accounts were terminated in accordance with our Copyright Policy;
- Customers who joined using a promotion that expressly disclaimed our refund policy;
- Customers who have initiated a chargeback dispute.
Automatic Renewal: To the extent permitted by applicable law, subscriptions automatically renew at the end of each subscription period unless cancelled beforehand. Monthly plans renew for 30-day periods. Annual plans renew for one-year periods. You must pay the annual or monthly fee (plus any applicable taxes) when each renewal period starts. Unused entries or other items do not roll over.
How to Decline Renewal: Subscribers may opt out of automatic renewal by changing their account settings. Any opt-out or notice of non-renewal will not affect the current subscription period.
HSI Inc. may decline renewals.
Lapse Policy: When a subscription ends, the account will, at HSI Inc.’s option, revert to Free (Basic) account status or will be deleted. Any content in the account may be deleted to comply with the limitations of the new account status. HSI Inc. shall not be responsible for the loss of any content. We may publish additional guidelines regarding the treatment of lapsed subscriptions. These guidelines describe current practices only and shall not require HSI Inc. to provide any level of post-subscription account status.
Resale: You may not sell, resell, rent, lease, or distribute any plan or any other aspect of our Services to any third party unless authorized by us in writing.
5. Acceptable Use Policy
We may allow you to upload, live stream, submit, or publish (collectively, to "submit") content such as videos, recordings, images, and text (collectively, "content"). You must ensure that your content, and your conduct, complies with the Acceptable Use Policy set forth in this Section 5. HSI Inc. may (but is not obligated to) monitor your account, content, and conduct, regardless of your privacy settings. HSI Inc. may take all appropriate actions to enforce its rights including removing specific videos or suspending or removing your account.
5.1 Copyright Policy
You may only upload content that you have the right to upload and share. Copyright owners may send HSI Inc. a takedown notice if they believe HSI Inc. is hosting infringing materials. We will, in appropriate circumstances, terminate the accounts of persons who repeatedly infringe.
5.2 Content Restrictions
You may not submit any content that:
- Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
- Is hateful, defamatory, or discriminatory or incites hatred against any individual or group;
- Is sexually explicit (e.g., pornography) or proposes a transaction of a sexual nature;
- Exploits minors;
- Depicts unlawful acts or extreme violence;
- Depicts animal cruelty or violence towards animals;
- Promotes fraudulent or dubious business schemes or proposes an unlawful transaction;
- Depicts or encourages self-harm; or
- Violates any applicable law.
5.3 Code of Conduct
In using our Services, you may not:
- Use an offensive user name (e.g., explicit language) or photo/avatar (e.g., containing nudity);
- Act in a deceptive manner or impersonate any person or organization;
- Harass or stalk any person;
- Harm or exploit minors;
- Distribute “spam” in any form or use misleading metadata;
- Collect personal information about others;
- Access another’s account without permission;
- Engage in any unlawful activity;
- Embed our video player on or provide links to sites that contain content prohibited by Section 5.2; or
- Cause or encourage others to do any of the above.
5.4 Prohibited Technical Measures
You will not:
- Except as authorized by law or as permitted by us: scrape, reproduce, redistribute, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of our Services; or attempt to circumvent any of our security, rate-limiting, filtering, or digital rights management measures;
- Take any other actions to manipulate, interfere with, or damage our Services.
5.5 Restricted Users
You may not create an account if you are a member of a terror or hate group;
If you will not be the prime account user, unless you are the Parent or Guardian of a minor/junior under the age of 18.
6. Licenses Granted by You
As between you and HSI Inc., you own and will retain ownership of all intellectual property rights in and to the content you submit. In order to allow HSI Inc. to host and stream your content, you grant HSI Inc. the permissions set forth below.
6.1 Your Video Content
By submitting a video, you grant HSI Inc. permission to:
- Stream the video to end users;
- Transcode the video (create compressed versions of your video file that are optimized for streaming); and
- Generate stills (i.e., “thumbnails”) from your video to represent it.
For the purposes of this Section 6.1, your video includes its title, description, tags, and other metadata.
The license period begins when you submit the video to HSI Inc. and ends when you or HSI Inc. delete it; provided that HSI Inc. may retain archival copies: (a) for a limited period of time in case you wish to restore it; (b) when the video is the subject of a takedown notice or other legal claim; or (c) when HSI Inc. in good faith believes that it is legally obligated to do so.
6.2 Account Profile
You grant HSI Inc. permission to use your name, likeness, biography, trademarks, logos, or other identifiers used by you in your account profile for the purpose of displaying such properties to the public or the audiences you have specified. You may revoke the foregoing permission by deleting your account. HSI Inc. shall have the right to identify public profiles in its marketing and investor materials.
6.3 Other Content; Feedback
Content that is not covered by the licenses set forth in Sections 6.1, 6.2, or 6.3 shall be governed by this Section 6.4 (e.g., text you submit in comments). You grant HSI Inc. a perpetual and irrevocable right and license to copy, transmit, distribute, publicly perform, and display such content through online means in connection with our Services. If you make suggestions to HSI Inc. on improving our products or services, HSI Inc. may use your suggestions without any compensation to you.
6.4 Scope of Licenses
All licenses granted by you in this Section 6: (a) are non-exclusive, worldwide, and royalty-free; (b) include the right and license to copy, use, distribute, publicly perform, and display the licensed work for the purposes stated above; and (c) include all necessary rights and licenses to allow us to exercise our rights and perform our obligations. By granting these licenses, you waive any so-called “moral rights” that you may have. Nothing in this Agreement shall be deemed a license “condition” applicable to HSI Inc.; rather, any breach of a term by HSI Inc. hereof shall give rise to, at most, a claim for breach of contract only. All licenses granted herein are in addition to any other licenses that you may grant (e.g., a Creative Commons license).
7. Your Obligations
7.1 Representations and Warranties
For each piece of content that you submit to or through HSI Inc., you represent and warrant that:
- You have the right to submit the content to HSI Inc. and grant the licenses herein;
- HSI Inc. will not need to obtain licenses from any third party or pay royalties to any third party with respect to the streaming or other permitted distribution of the content;
- You have obtained appropriate releases (if necessary) from all persons who appear in the content;
- The content does not, and will not, infringe any third party's rights, including intellectual property rights, rights of publicity, moral rights, and privacy rights; and
- The content complies with this Agreement and all applicable laws.
You will indemnify, defend, and hold harmless HSI Inc. and its subsidiaries, parents, and affiliates, and their and our respective directors, officers, employees, and agents, from and against all third-party complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, arising from or relating to: (a) the content you submit to or through the Services; and (b) allegations of actions or omissions by you that (regardless if proven) would constitute a breach of this Agreement.
All the information on this website - www.horsemanshipsociety.org - is published in good faith and for general information and entertainment purposes only. HSI Inc. does not make any warranties or representations about the completeness, reliability and accuracy of this information. Any action you take upon the information you find on horsemanshipsociety.org, is strictly at your own risk.
8. Term and Termination
This Agreement begins when you first use our Services and continues so long as you use our Service or have an account with us, whichever is longer. Paid accounts will continue for the subscription period and will renew in accordance with Section 4 above. With respect to users who do not have a subscription plan, HSI Inc. may terminate this Agreement at any time by providing thirty (30) days’ written notice, and users may terminate at any time by deleting their accounts.
If you breach this Agreement, HSI Inc. may, at its option: (a) terminate this Agreement immediately, with or without advance written notice; (b) suspend, delete, or limit access to your account or any content within it; and (c) to the extent permitted by applicable law, retain any amounts payable to you (which you forfeit). If HSI Inc. deletes your account for breach, you may not re-register.
In the event of any termination or expiration, the following sections will survive: Section 6.4 (Other Content; Feedback), Section 7.2 (Indemnification), Section 9 (Disclaimers), Section 10 (Limitation of Liability), Section 11 (Disputes, Arbitration, and Choice of Law), and Section 12 (General Provisions).
HSI INC. PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU USE THE SERVICES AT YOUR OWN RISK. ALL ENTRIES/USERS MUST ACCEPT THE ASSUMPTION OF RISK AND RELEASE OF LIABILITY FORM PRIOR TO ENTRY AND VIDEO SUBMISSION. You must provide your own device and internet access.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, HSI INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Among other things, HSI Inc. makes no repesentations or warranties:
- That our Services, or any part thereof, will be available or permitted in your jurisdiction, uninterrupted or error-free, completely secure, or accessible from all devices or browsers;
- Concerning any content submitted by or actions of our users;
- That any geo-filtering or digital rights management solution that we might offer will be effective;
- That our Services will meet your educational, business or professional needs;
- That we will continue to support any particular feature or maintain backwards compatibility with any third-party software or device; or
- Concerning any third-party websites and resources.
10. Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) HSI INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING INJURY, DEATH OR DAMAGES FOR LOSS OF BUSINESS, PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF HORSEMANSHIP INTERNATIONAL INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) HSI Inc.’s TOTAL LIABILITY TO YOU, EXCEPT FOR HSI INC.’S CONTRACTUAL PAYMENT OBLIGATIONS HEREUNDER (IF ANY), SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO HSI INC. OVER THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM(S) OR ONE HUNDRED DOLLARS (CND $100), WHICHEVER IS GREATER.
11. Disputes, Arbitration, and Choice of Law
If you are dissatisfied with our Services for any reason, please contact us first so that we can try to resolve your concerns without the need for outside assistance.
11.1 Choice of Law
Any disputes relating to this Agreement or your use of our Services will be governed by the laws of Ontario and Canada (with respect to matters subject to federal jurisdiction such as copyright), without regard to principles of conflicts of law.
12. General Provisions
Reservation of Rights, Severability: HSI Inc. reserves all rights not expressly granted herein. HSI Inc.’s rights and remedies are cumulative. No failure or delay by HSI Inc. in exercising any right will waive any further exercise of that right. If any term of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, that term will be limited or severed.
Force Majeure: HSI Inc. will not be liable for any delay or failure caused by (a) acts of God/natural disasters (including hurricanes and earthquakes); (b) disease, epidemic, or pandemic; (c) terrorist attack, civil war, civil commotion or riots, armed conflict, sanctions or embargoes; (d) nuclear, chemical, or biological contamination; (e) collapse of buildings, fire, explosion, or accident; (f) labor or trade strikes; (g) interruption, loss, or malfunction of a utility, transportation, or telecommunications service; (h) any order by a government or public authority, including a quarantine, travel restriction, or other prohibition; or (i) any other circumstance not within HSI Inc.’s reasonable control, whether or not foreseeable (each a “force majeure event”). In the event of a force majeure event, HSI Inc. shall be relieved from full performance of the contractual obligation until the event passes or no longer prevents performance.
Relationship: This Agreement binds the parties and their successors, personal representatives, and permitted assigns. You may not assign this Agreement to any person whose account has been terminated by HSI Inc. or who is prohibited from registering; any such assignment will be void.
Third Parties: We may provide links to and integrations with websites operated by others. The website operator, not HSI Inc., is solely responsible for the content thereof, and your use of each such website will be subject to its terms of service. We may disable integrations with any third party at any time, with or without notice. Except as expressly stated herein, nothing in this Agreement confers any right on any third party.
Entire Agreement: This Agreement constitutes the entire understanding of the parties and supersedes all prior understandings regarding the subject matter hereof and may not be modified except in accordance with Section 1 or in a document executed by authorized representatives of Horsemanship International Inc. If you have a signed agreement with HSI Inc., any conflicting term of that agreement will prevail over the terms hereof, but only as to the subject matter of that agreement.
Notices: You must send any notices of a legal nature to us by email or at:
Horsemanship Society International Inc.
Attention: Legal Department
16501 Keele Street,