Personal Information. If you browse the Sites, you can generally do so anonymously, without providing any personal information. If you choose to use the Forums or to contact Horizon, Horizon will request that you provide personal information, including your name, address, e-mail address, telephone number, and any other information from which you can be identified (“Personal Information”).
Children’s Privacy and Protection. This Web Site is intended for adults. You may not register for the Forums unless you are over the age of 18 years. We do not knowingly collect Personal Information from children under the age of 13 years. If you are the parent or guardian of a child under the age of 13 years and believe that the child has provided us with Personal Information, you should contact us to remove the Personal Information from our records. If Horizon otherwise learns that it has Personal Information about a child under the age of 13 years, the Personal Information will be removed from our records.
Mailings. If you submit Personal Information, you are entered into Horizon’s consumer database. You are then on our list to receive correspondence by email or otherwise regarding Horizon’s products, promotions, and the like.
Opt-Out. If you have provided Horizon with Personal Information and do not wish to receive future correspondence, you can simply reply and ask not to receive future emails. You will also be given the option to remove your Personal Information from our database. Please contact Horizon at Unsubscribe@hgusa.com to request removal from the database.
Non-Personal Information. Horizon may collect non-Personal Information regarding your computer and browsing. When you visit the Site, Horizon’s computer systems may automatically detect and record your Internet Protocol (IP) address, operating system, browser, the specific web pages visited during your connection to the Site, and similar information and data. Horizon may use services or applications to record mouse clicks, mouse movements, scrolling activity, and the like during your connection to the Site. Horizon will use such non-Personal Information to help improve the Site. Horizon may share non-Personal Information, including aggregated statistical or demographic information, with third parties for marketing or research purposes.
Security. Horizon uses reasonable measures to secure and protect your Personal Information from unauthorized access, use, disclosure, or loss. Notwithstanding the security measures, security over the Internet or of computer systems generally cannot be guaranteed. Accordingly, Horizon cannot guarantee the security and privacy of any Personal Information you provide through the Site. Horizon makes no warranty, express, implied, or otherwise, that it will prevent unauthorized access to your Personal Information. NEITHER HORIZON, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENT, SHAREHOLDERS, AFFILIATES, SUCCESSORS OR ASSIGNS, SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM BUSINESS INTERRUPTION, LOST DATA, OR LOST PROFITS) ARISING OUT OF OR RESULTING FROM THE USE OF THE SITE (OR ANY OTHER SITES LINKED TO THE SITE) OR UNAUTHORIZED ACCESS OR USE OF YOUR PERSONAL INFORMATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY. THE EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
Cookies. The Site uses “cookies.” A cookie is a small piece of data that is sent to your browser and stored on your computer’s hard drive, used in web site administration to record preferences and session information Cookies do not contain or transmit any Personal Information. You can usually set your browser settings so as not to accept cookies or to notify you when you are sent a cookie, giving you the chance refuse it. If you disable cookies, you may be unable to use some features of the Site.
Contact Information. To contact Horizon to amend or delete your Personal Information, or for any other reasons, please use the contact information below:
Horizon Group USA, Inc.
45 Technology Drive
Warren, New Jersey 07059
Phone (908) 810-1111
Fax (908) 822-0382
Use of this Site. The overall design of this Site and all images, illustrations, photographs, text, graphics, designs, icons, information, content, and other material displayed on or that can be downloaded from the Site (the “Contents”) are protected by copyright, trademark and other laws and may not be used except as permitted by these Terms or with prior written permission of Horizon or the owner of such Contents. The Contents may only be used as personal, non-commercial use. No right, title or interest in any of the Contents is transferred to you as a result of any such use. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the Contents is strictly prohibited.
Trademarks. Certain trademarks, service marks, logos, slogans, trade dresses, and trade names (the “Trademarks”) used or displayed on the Site are registered and unregistered Trademarks of Horizon or its affiliates. Other Trademarks used or displayed on the Site are the registered and unregistered Trademarks of their respective owners. Nothing herein grants any license or right to use any Trademarks displayed on this Site without the written permission of Horizon or such other owner.
Products and Specifications. All products, specifications, descriptions, and all other Contents described or depicted on the Site are subject to change at any time without notice. Certain specifications and descriptions, such as dimensions, weights, and the like, are approximate and are provided for convenience purposes only. Horizon makes all reasonable efforts to accurately display its products, including the colors. The colors you will see, however, depend on your computer and monitor and thus, Horizon cannot guarantee that your computer will accurately display such colors. The inclusion of any products on the Site at a particular time does not imply or warrant that the products will be available at any time. It is your responsibility to know and obey all applicable local, state, federal and international laws regarding the possession, use and sale of any Horizon product.
Accuracy of Information. Horizon attempts to ensure that all information on the Site is accurate, complete, and current. Notwithstanding these efforts, information on the Site may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the accuracy, completeness, or currentness of any information or Contents.
Third Party Links. The Site may contain links to web sites that are not owned or operated by Horizon. All such links, including links relating to the sale of products shown on the Site, are provided solely as a convenience to you. If you use these links, you will leave the Site. Horizon is not responsible for any content, materials or other information located on or accessible from any other Site. Horizon cannot and does not make any representations or warranties regarding any other web sites. If you use any of the links on this Site, you do so entirely at your own risk.
Linking to the Site. Creating or maintaining any link from another web site to any page on this Site, without our prior written permission, is prohibited. Running or displaying this Site or any information or material displayed on this Site in frames or through similar means on another web site without our prior written permission is prohibited. Any permitted links to this Site must comply will all applicable laws, rule and regulations.
Inappropriate Material. You are prohibited from posting or submitting any illegal, defamatory, obscene, pornographic or threatening materials, software viruses, political campaigning, commercial solicitations, chain letters, mass mailings or any form of “spam,” or any material that could encourage any criminal offense or otherwise violate any law. You are additionally prohibited from posting or submitting any material that would in any way constitute a violation of these Terms or infringe any right of any third party, including without limitation, copyright, trademark, privacy or other personal or proprietary rights. If Horizon determines that you have violated or are likely to violate the foregoing prohibitions, Horizon may take any action it deems necessary or appropriate to cure or prevent the violation, including deleting or modifying the inappropriate material. Horizon will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
Review of Postings. Horizon may not regularly review user postings, submissions, materials, links, or the like (the “Postings”), including those made to the Forums, but reserves the right (but not the obligation) to review, monitor, edit or remove any such Postings. You may not use a false email address or impersonate any person or entity. You are solely responsible for the content of any postings or submissions you make and you shall indemnify, defend, and hold harmless Horizon from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or relating to any Postings you make.
Indemnification. You shall indemnify, defend, and hold harmless Horizon from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or relating to your use of the Site or any breach by you of these Terms.
Choice of Law; Jurisdiction. These Terms supersede any other agreement between you and Horizon. These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to any principles of conflicts of laws. Any action arising from or relating to this Site must be brought only in the courts of the State of New Jersey or the United States District Court for the District of New Jersey.
DISCLAIMERS. THE SITE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. YOUR USE OF THE SITE IS AT YOUR OWN RISK. HORIZON DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITE. THE INFORMATION AND MATERIALS ON THE SITE, OR ANY THIRD PARTY SITE LINKED TO THE SITE, MAY BE INACCURATE, INCOMPLETE OR OUT OF DATE, AND HORIZON ASSUMES NO RESPONSIBILITY OR OBLIGATION TO UPDATE SUCH INFORMATION OR MATERIALS. THE EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
ALL PRODUCTS PURCHASED THROUGH LINKS PROVIDED ON THIS SITE ARE SUBJECT ONLY TO APPLICABLE WARRANTIES OF THEIR MANUFACTURES AND SELLERS, IF ANY. HORIZON, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO SUCH PRODUCTS. WITHOUT LIMITING THE FOREGOING, HORIZON EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECTS OR FAILURES, AND CLAIMS THAT ARE DUE TO NORMAL WEAR, MISUSE, ABUSE, OR MODIFICATION. THE EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
LIMITATIONS OF LIABILITY. HORIZON ASSUMES NO RESPONSIBILITY AND WILL NOT BE LIABLE FOR ANY DAMAGES TO, OR ANY VIRUS, SPYWARE, OR MAL-WARE THAT MAY INFECT OR AFFECT YOUR COMPUTER OR OTHER PROPERTY, CAUSED BY YOUR USE OF OR ACCESS TO THE SITE. NEITHER HORIZON, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENT, SHAREHOLDERS, AFFILIATES, SUCCESSORS OR ASSIGNS, SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM BUSINESS INTERRUPTION, LOST DATA, OR LOST PROFITS) ARISING OUT OF OR RESULTING FROM THE USE OF THE SITE OR ANY OTHER SITES LINKED TO THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY. YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE. THE EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
Notice and Procedure for Making Claims of Copyright Infringement Pursuant to the Digital Millennium Copyright Act
Horizon will investigate all notices of alleged copyright infringement and will take appropriate actions pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the “DMCA”), where applicable.
Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to Horizon’s Designated Agent. If you believe that you hold a claim of copyright infringement against Horizon, submit notice of your claim to the following Designated Agent:
To be effective under the DMCA, notification of claimed infringement must be a written communication to Horizon’s Designated Agent and include substantially the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Termination. These Terms are effective unless and until terminated. You may terminate these Terms at any time, provided that you discontinue any further use of this Site. Horizon may terminate these Terms at any time, immediately and without notice, and may deny you access to the Site.