Horse Phenomena Terms of Service



Section I: General Information

By accessing and/or using www.horsephenomena.com (referred to below as: "we", the "site", the/our "game", "HP", "our", or "Horse Phenomena"), you (referred to below as: the/our "player(s)", "you", "member(s)", "user(s)", or "they") agree to be bound by the following terms and conditions. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING HORSE PHENOMENA, you are responsible for following all of the guidelines set by the Horse Phenomena staff. If you do not agree with these terms and conditions, please do not use Horse Phenomena.

We reserve the right to alter, modify, add to, or otherwise change the Terms of Service at anytime without notice. Modifications become effective immediately after being posted, and all users will be immediately bound by the updated Terms of Service regardless of whether or not users have been warned of the changes, so please view this link periodically. Continued use of the site after such changes constitutes your acceptance of the updated Terms of Service.

By accessing and/or using Horse Phenomena, you also agree to bound by all of our Rules (Rules can be found here). We reserve the right to alter, modify, add to, or otherwise change the Rules at anytime without notice. Modifications become effective immediately after being posted, and all users will be immediately bound by the updated Rules regardless of whether or not users have been warned of the changes, so please view the Rules link periodically. Continued use of the site after such changes constitutes your acceptance of the updated Rules.

Players must follow the Horse Phenomena Rules and the Horse Phenomena Terms and Conditions (TOS/Terms of Service) at all times. Any players who do not follow these terms and conditions or the Horse Phenomena rules are subject to temporary and/or permanent removal from Horse Phenomena. However, we reserve the right to temporarily and/or permanently remove any player from our site, for reasons not appearing in the Rules or Terms of Service, as we see fit. While we may notify a player upon removal as well as provide a reason for a removal (temporary or permanent), we are in no way obligated to provide any sort of reason for temporarily and/or permanently removing a player from the site, and may do so without notice. Accounts and access to Horse Phenomena are privileges, and can be taken away by the Horse Phenomena Staff at any time.

In place of or in addition to temporarily and/or permanently removing any player from Horse Phenomena, the Horse Phenomena Staff reserves the right to revoke other game privileges (such as, but not limited to, access to chat rooms, the ability to participate in certain contests, the ability to contact certain players, etc.) from players who do not follow our rules and terms of service, or for any reason as we see fit. The Horse Phenomena staff may also issue a fine of game money for players who choose not to follow the rules of the game. While we may notify a player in the above events, we are not required to and may not always do so. The features of Horse Phenomena are a privilege and may be taken away at any time.

To ensure that HP is appropriate for all ages, we do not allow for players to harass other players, use obscene or obnoxious language, or otherwise break any rule that we institute upon our players. All of the Horse Phenomena Rules and all parts of the Horse Phenomena Terms of Service are strictly enforced by Horse Phenomena Staff and Moderators, and we are in no way responsible for the actions of a player. We reserve the right to block any word, phrase, or content from our site at anytime without notice.

We reserve the right to alter, modify, add to, or change any part of the game at any time without notice. Any fee and/or privilege may be changed without notice at anytime, this includes, but is not limited to, updates in any part of the game, the point system, number of animals a player may have, amount of game money a player receives, the cost of upgrades, and the number of accounts one player may have. We are in no way obligated to compensate and/or refund players after such changes are made if the players are not happy and/or satisfied with the updated game.

Section II: Privacy

Please read the Horse Phenomena Privacy Policy (Privacy Policy can be found here) before accessing Horse Phenomena. The Privacy Policy details all of the personal information collected by Horse Phenomena and how it will be used by us. If you do not agree with our privacy Policy, then please do not play Horse Phenomena.

HP is intended for all audiences. We will never knowingly or purposefully collect the personal information of a person under the age of 13. Horse Phenomena is not responsible for making sure that players are of the required age range to play; however, if we become aware that a player is under the age of 13, and does not have their parent or guardian's permission to play, and or falsified the permission, they will be removed from Horse Phenomena, and their account(s) will be closed and/or deleted immediately.

All users must understand upon joining that they alone are responsible for keeping all personal information private, including, but not limited to, login names, passwords, email addresses, home and/or work addresses, phone numbers, legal names, social security numbers, and credit/debit card numbers. Horse Phenomena is not responsible for any personal information that is found out by other users. Players are to keep all personal information to themselves at all times. Players are held accountable for anything that happens to them or their possessions, as well as their accounts on the game. Horse Phenomena will not be held responsible in any way, shape, or form for any damages or losses of any player.

By agreeing to the Horse Phenomena Terms of Service upon joining all players understand that there is no expectation of privacy, and that all communications made by a player or received by a player on the site may be monitored, preserved, and disclosed by Horse Phenomena and retrieved and used by Horse Phenomena at anytime in the events that, but not limited to, a player must be temporarily and/or permanently removed from the site, any form of legal action needs to be taken against a player, and/or a player has been reported for breaking any rule that we have instated.

Section III: User Created Content and Player Responsibility/Liability for Their Own Actions

Please note that all areas of the site with user created content, such as, but not limited to, home pages, chat rooms, animal pages, and messages do not necessarily reflect the views and/or opinions of Horse Phenomena. We reserve the right to edit or delete any content that violates our Rules and/or Terms of Service. Reasons that user created content may be edited or deleted include, but are not limited to, any copyright violation, harassing, violent, threatening, obscene, and/or explicit language or content, profanity, or any form of sexual content (express or implied), all illegal material, and especially that that is damaging to the operation of Horse Phenomena. Horse Phenomena is not responsible, nor will we accept any responsibility and/or liability for any user created content anywhere on the site.

All users agree by accepting the HP Terms of Service that they will not upload, distribute or otherwise publish on or in conjunction with, any materials that are considered objectionable, including, but not limited to libelous, obscene, invasive of privacy or publicity rights, illegal, or otherwise objectionable materials, or materials that would be constituted as a criminal offense, violate the rights of any person, otherwise violate any law, or give rise to liability.

Users of Horse Phenomena accept full responsibility and liability for anything they choose to display, including, but not limited to, any and all plagiarized and/or inappropriate content on any part of the site, the individual player displaying such content alone is held responsible. We can and will take legal action against any player who chooses to display such content. It is your responsibility to ensure that you have the right to use any and all uploaded information or images. Including, but not limited to, graphics used on player's home pages and/or animals.

All players acknowledge that we will contact law enforcement authorities if any illegal actions and/or activities are taking place on Horse Phenomena. Horse Phenomena will cooperate fully with any law enforcement agencies and/or officials in any investigation of illegal activity taking place on our site. We are in no way to be held responsible for any actions illegal or otherwise taken by a player on the site, it is the sole responsibility of the individual (and their parents if under the age of 18) to comply with law enforcement if such activities should occur.

Players are solely responsible for their interactions between other players. Horse Phenomena reserves the right to monitor a dispute between players, but is no way obligated to do so.

Section IV: Horse Phenomena Staff

We are in no way obligated to answer any emails sent to admin@horsephenomena.com or any other email account belonging to Horse Phenomena. We are also in no way obligated to answer any messages sent to us, our staff, or our moderators via game messages. We do not answer threatening, spamming, or otherwise harassing emails and/or messages and will take appropriate action if they are sent to us.

All moderators and staff members (referred to below as: the/our "mods", the/our "moderators", the/our "staff" and/or "staff members, "they", and/or "you") of Horse Phenomena are chosen specifically by Horse Phenomena to be a moderator or staff member. By agreeing to become a moderator and/or a staff member of Horse Phenomena, you agree to all parts of the Horse Phenomena Terms of Service, the Horse Phenomena Rules, and the Horse Phenomena Moderator Guidelines. We reserve the right to provide and/or revoke any moderating and/or staff privileges as we see fit and are not obligated to provide any sort of notice for revoking such privileges. The Moderator Guidelines may be altered, modified, added to, or otherwise changed at anytime without notice. Modifications become effective immediately after being posted, and all moderators and/or staff members will be immediately bound by the updated Moderator Guidelines regardless of whether or not they have been warned of the changes, so please view the Moderator Guideline link periodically. Continued use of your privileges after such changes constitutes your acceptance of the updated Moderator Guidelines. Any part of the moderating system and/or any of the moderating and/or staff privileges may be changed at any time without notice, and moderators and/or staff members must resign from their positions if they refuse to use the updated system.

All staff members and moderators will have a designated 'Moderator Badge' appearing next to their names and on their home pages. Anyone who impersonates a staff member will be automatically removed from the site without notice and without any form of a refund.

Section V: The Game

Horse Phenomena is designed to be used by displaying the pages in a web browser and clicking all buttons and/or links by hand. Using any unapproved program or script to advance oneself, any animal, account, or otherwise is considered cheating, which is against the rules, and can and will result in being banned from the site. Such programs and scripts include, but are not limited to, those used to click buttons and/or links automatically, those used to track the information input by other players, those used to hack accounts, and those used to advance oneself, any animal account, change the appearance of the site, or otherwise. Such programs and/or scripts can damage the game, prevent other players from using the site, and are not allowed under any circumstances.

Any sort of hacking, cheating, scripting, or otherwise harming the game and/or attempting to do any of those things will result in an immediate banning of all accounts associated with the offender, and possible legal action.

Section VI: Trade on Horse Phenomena

Horse Phenomena can be played for free by all users. However, certain features can be bought with real-life money. All real-life money prices on Horse Phenomena are given in USD. Horse Phenomena uses PayPal for such transactions. We do not knowingly collect any information such as credit card numbers from those who choose to upgrade their accounts. Any player who decides to upgrade their HP account must be 18 years of age or above, or have a parent do it for them. Horse Phenomena does not auto-renew or charge players for things without their knowledge. If you believe that your card and/or PayPal account was charged for a Horse Phenomena upgrade without your knowledge, then please contact the appropriate people/companies in order to find out who may have been using your card and/or PayPal account. In the event that a payment is reversed, the account will be downgraded. In the event that a player upgrades their account and then knowingly reverses the payment in order to receive a free upgrade, that account will be closed, and the player punished accordingly. We are not required to provide a refund for any reason.

In the event that you did not receive an upgrade that you have paid for, please email the Horse Phenomena Staff at admin@horsephenomena.com or message us in-game on account number one with your official transaction ID.

Players are able to buy accounts on HP for USD from the Horse Phenomena Staff only, any player who purchases such account(s) realize and agree that the account is the property of Horse Phenomena and still can be disciplined by the Horse Phenomena Staff and moderators and can and will be deleted if the account is inactive and/or breaks any of the HP Rules of any part of the HP terms of service. We are not obligated to sell any account to anyone. All accounts on HP, free or paid for, are the property of Horse Phenomena. Any account that is given from one player to another for any reason is the responsibility of the players involved, and Horse Phenomena makes no claim that transfers will be fair or monitored. We discourage partnered accounts for this reason. Only the Horse Phenomena staff may sell accounts to players.

Any transactions made between players on HP, including, but not limited to purchases made in game with Horse Phenomena Dollars (HPD or Game Money) and transactions that do not take place through the official HP graphics or upgrade auctions, are the responsibility of the player(s) involved. The Horse Phenomena Staff is not required to monitor or regulate any transaction, successful or otherwise, that does not take place through the official auction formats.

The Horse Phenomena Staff is not to be held accountable for anything said, exchanged, and/or purchased off of our game. This includes, but is not limited to, purchases and/or trade of Horse Phenomena items made and/or agreed upon by players of Horse Phenomena on a third party website, or other communication format not linked directly to HP. Horse Phenomena does NOT regulate trade on third party websites and/or other communication formats that are not owned by us, this includes, but is not limited to trades of HP items and/or money (real money or game money) for services on HP, exchange of HP items and/or game money for USD, and/or trade of game items or game currencies. We are not responsible for enforcing our rules broken on third party websites. Horse Phenomena will accept no liability for any items and/or personal information lost, and/or stolen due to such activities on third party websites.

Section VII: Misc.

Horse Phenomena is under no obligation to compensate players for any lost items, which includes, but is not limited to, game money, accounts, or animals, due to, but not limited to, downtime or in-game glitches and/or the events that a player is temporarily and/or permanently removed from HP for any reason. All users are obligated to report any bug, glitch, error, or inappropriate content that he/she comes in contact with. We cannot and will not be held responsible for any losses or damages due to any sort of bug, glitch, or error on any part of our game. Any player purposely exploiting any such material, bugs, glitches, or errors can and will be temporarily and/or permanently removed from Horse Phenomena. In the improbable event that the site damages and/or harms a user and/or a users property, Horse Phenomena will not be held responsible. Players of Horse Phenomena create accounts on, and use the features of, and access the site at their own risk. We are not obligated to provide refunds to any player for any reason. Users of Horse Phenomena may have any privilege and/or game feature revoked at anytime by us, due to, but not limited to, plagiarism, inappropriate behavior, promotion of illegal activities, any violation of the Horse Phenomena Terms of Service and/or Rules, or causing harm to any part of the site.

In the event that the Horse Phenomena Staff decides to mediate any transaction and/or communication between players, we will only act upon things that we can see (such as, but not limited to, reported messages, posts in chat, etc.) and that take place on our website; we will not act upon things that we cannot see (such as, but not limited to, rules broken on third party websites, messages and/or events no longer stored by the database [including, but not limited to, messages that are no longer visible in chat], etc.) or that did not take place on our website. We will not accept word-of-mouth or screenshots as proof of anything.

For those who are under the age of 13, some parts of the game may not be age-appropriate, such as, but not limited to, the messaging system, chats, or forums, (as reflected in this Terms of Service and our site Rules), these sections of the site should be used with caution and under parental supervision. If a parent or guardian, and should decide that they do not want their child to access these parts of the game, they may block them using their parental password so their child will no longer be able to access them. If a child is blocked from accessing these sections, they will no longer be able to see or post in the chats and forums, and will not be able to send or receive messages from other players (this excludes messages sent automatically by the game, such as, but not limited to, warnings for breaking rules, notifications that you have sent or received in-game money (HPD), notifications that another player has accepted or rejected your show and/or ticket requests, etc.)

Section VIII: Disclaimer

All content, information, images, codes, and/or database information are copyright Samantha Harbison. Stealing, reproducing, and/or otherwise taking any of the above mentioned things will result in an automatic ban from all games owned by Samantha Harbison, and possibly legal action.

You agree to indemnify, defend, and hold harmless Horse Phenomena, it's owners, employees, freelancers and/or staff members from and against any loss, damage, cost, or liability (including, reasonable attorneys' fees) resulting from or relating in any way to a third-party claim, demand, action or proceeding that arises out of this terms of service or the game, including, but not limited to in relation to: (a) your use, non-use or misuse of, or connection to the game, the Services and any Content (including without limitation your Content and any third party Content) forming part of Horse Phenomena.

Horse Phenomena may be used only for non-commercial purposes. No user is permitted without the express written approval of Horse Phenomena, to distribute or publish any material including, but not limited to, solicitation of funds, endorsements (including, but not limited to political and sexual orientation endorsements), promotions, advertising not related to the game play of Horse Phenomena, or any other forms of solicitation. Any form of solicitation to get members of any type of online and/or offline service, organization, or any form of group is prohibited.

Please note that no user information will be sold to any third-parties unless Horse Phenomena is sold to a third-party in it's entirety. We cannot guarantee the accuracy, content, availability, or reliability of any sites that link to or from Horse Phenomena. We cannot ensure that any user will be satisfied with any product or service purchased from a third-party. Horse Phenomena does not endorse anything being sold on a third-party website, nor has Horse Phenomena taken any steps to confirm the accuracy or reliability of any third-party websites, products, or content. Horse Phenomena is not to be held accountable for anything that may take place on any third-party website linking to or from Horse Phenomena at anytime under any circumstances.

Horse Phenomena is privately owned and operated in the United States of America. Horse Phenomena makes no representation that the site is appropriate or available in any other location. All players who choose to access Horse Phenomena from any other location must comply with local laws, and Horse Phenomena is in no way responsible for any laws that are broken by players, in any location.

Horse Phenomena may have limited information, including but not limited to player information, player communication, chat messages and/or posts, images, etc., stored on our database. Horse Phenomena does not keep information archived after it has been changed and/or deleted in most cases.

In the improbable event that any player develops or believes they have developed any sort of gaming addiction and/or any other sort of addiction due to the Horse Phenomena game, Horse Phenomena is not to be held accountable in any way, shape, or form. Players use and/or play Horse Phenomena at their own discretion and risk. Players who are or who believe they are addicted to gaming, or have any other addiction should seek professional help.