1.

Introduction

1.1

HorsePlayersPlayground.com ™ operates a Game which is accessible via a website. The Game affords members the opportunity to buy "virtual horses", to train them, breed them, sell them, and to race them to win.

1.2

HorsePlayersPlayground.com ™ members can take part in the Game in various ways such as, buying horses, training horses, claiming horses, auctioning horses, breeding horses, handicapping races, entering horses in races and otherwise participating in the community of members.

1.3

The Services incorporate activities which are skill-based contests or tournaments for prizes, which may include cash. The results of all contests or races depend on participation and the strategy and skill applied by the participants; odds of success are therefore not available.

1.4

HorsePlayersPlayground.com ™ may amend these Terms and Conditions at any time. Your continued use of the ™Web Site, and specifically the act of login to the Web Site, signifies your acceptance of the current version of the Terms and Conditions. You are responsible for periodically reviewing the Terms and Conditions at your discretion.

2.

Definitions

The following words and/or phrases shall have the corresponding meanings given below:

2.2

2.3

2.4

2.5

2.6

2.7

2.8

Headings in these Terms and Conditions are used for convenience only and shall not be used in the interpretation thereof.

2.9

In this agreement the singular shall include the plural and visa versa.

3.

Participation

3.1

Only members can partake in the Game. Registration on the Web Site is required to become a member. By registering as a member you consent to the use by HorsePlayersPlayground.com ™ of the Registration Information provided by yourself for the purpose of delivering the Services and in accordance with the Privacy Policy.

3.2

You represent and warrant that all information you supply to the Web Site is complete and accurate.

3.3

In addition to clause 19 below, HorsePlayersPlayground.com™ reserves the right to suspend or cancel membership or to refuse membership applications for any reason that it in its sole and absolute discretion deems appropriate, including but not limited to:

• providing false, inaccurate or incomplete Registration Information;
• defaulting on the payment of any fee;
• it comes to the attention of HorsePlayersPlayground.com ™ that you are a minor in terms of laws or regulations applicable to you;
• it comes to the attention of HorsePlayersPlayground.com™ or we have grounds to suspect that you are participating in the Games offered by HorsePlayersPlayground.com™ from within a jurisdiction where such participation is prohibited or where you are otherwise prohibited to take part in horseracing ownership activities such as racing, training, auctioning and claiming of virtual racehorses;
• listing with any credit bureau; or
  any attempt or suspected attempt to defraud HorsePlayersPlayground.com ™ or other members, cheat or make untrue, defamatory or malicious comments about HorsePlayersPlayground.com ™, any affiliate websites or other members;
• harassment of other Members;
• Deliberate manipulation of the Services in an attempt to transfer money between Member accounts for purpose other than participation in the Game ("money laundering").
• Any violation of these Terms and Conditions or any laws or regulations.
• Notwithstanding the foregoing, HorsePlayersPlayground.com™ shall not be liable in any manner whatsoever for any delay or failure on its part to suspend, cancel or refuse membership, whether or not it is aware of the possibility of any damage, harm or loss arising therefrom.

3.5

Upon cancellation of membership as provided for in clause 3.3 above, HorsePlayersPlayground.com ™ will reimburse such a member for any cash balance in his/her account at the time of closure, less handling and administrative fees. Cancellation may result in forfeiture of any bonus credits, virtual horses, or any prizes to which you are otherwise entitled at the sole discretion of HorsePlayersPlayground.com™.

3.6

Membership cancellation shall be given or confirmed by HorsePlayersPlayground.com™ upon e-mail notification to you.

3.7

You are required to immediately notify HorsePlayersPlayground.com™ of any change to your Registration Information by updating this on the Web Site or informing HorsePlayersPlayground.com™ by email if this fails. You can view and update the Registration Information provided by you at any time on the Web Site except for your full credit card number which is not available for security purposes.

3.8

Cancellation for reason of money laundering per clause 3.3 above may in addition result in the freezing of an account and disclosure of the relevant Member and transaction information to the authorities who have jurisdiction to act on such activity.

4.

Payment

4.1

Upon registration an account will be opened for you. You agree to use only your personal banking card, transfer from your personal banking account or online wallet to purchase credits. All charges for the Services are reflected on the pages of the Web Site and you hereby agree that Services will only be provided once payment is received from you.

4.2

You must have credit in your account to partake in most Services offered by the Game. You pay a monthly fee for owning a virtual horse, unless you have raced it enough times to eliminate this fee. Should your horse status turn pending as a result of non-payment or non-receipt of the monthly fee, ownership of your horse may pass to HorsePlayersPlayground.com™. HorsePlayersPlayground.com™ shall not be liable for not receiving the monthly fee and it shall be your responsibility to ensure that HorsePlayersPlayground.com™ receives the monthly fee.

4.3

When you request any Service offered on the Web Site and you do not have sufficient credit in your account, you will be directed to first acquire credits to pay for such Service.

5.

Eligibility and Legality

5.1

Participation is restricted to residents of those jurisdictions where such participation is legal and not prohibited. Participation in the Game is void wherever prohibited by law.

5.2

Participation in anything other than the free race events is restricted to individuals of legal age of majority as applies in the jurisdiction in which you reside or from which you access the Web Site.

5.3

In the United States of America, the rules governing skill-based contests and tournaments with entry fees and/or prizes are set up by each individual state, and not by the federal government. HorsePlayersPlayground.com™ CANNOT offer this element of the Services in which cash prizes can be won in some races to residents of the following states in the USA: Arizona, Connecticut, Delaware, Iowa, Illinois, Montana, South Carolina, South Dakota, Tennessee, Utah and Vermont. You hereby warrant that you are not a resident of any one of these states in the USA.

5.4

In South Africa, new legislation is pending regarding the regulation of online gaming and interactive games. As a result and until there is further clarity on the rules governing such games, residents of South Africa will not be able to participate in the game. You hereby warrant that you are not a resident of the Republic of South Africa.

5.5

You are subject to all laws of the state, province and/or country in which you reside and from which you access the Web Site, and are solely responsible for obeying those laws. You agree HorsePlayersPlayground.com™ cannot be held liable if laws applicable to you restrict or prohibit your participation. HorsePlayersPlayground.com™ makes no representations or warranties, implicit or explicit, as to your legal right to participate in any Service offered on the Web Site nor shall any person affiliated, or claiming affiliation, with HorsePlayersPlayground.com™ have authority to make any such representations or warranties.

5.6

By registering with HorsePlayersPlayground.com™ you warrant that you are not engaging in unlawful activities in respect of any law or regulation applicable to you.

5.7

HorsePlayersPlayground.com™ reserves the right to monitor the location from which you access the Web Site and to block access from any jurisdiction for any reason it deems fit in its sole discretion.

5.8

HorsePlayersPlayground.com™ may require any participant receiving any prize to provide proof that he or she is eligible to participate according to above clause 5.1, 5.2, 5.3 and 5.4 above.

6.

Limitation on Participation

6.1

You may establish only one Member account per person to participate in the Services offered on the Web Site. HorsePlayersPlayground.com™ reserves the right to monitor any effort to establish multiple accounts; in the event it is discovered that you have opened more than one account per person, HorsePlayersPlayground.com™ reserves the right to close all your accounts without notice.

6.2

HorsePlayersPlayground.com™ may impose monetary limitations on the deposit transactions in which you engage to fund your Member account. HorsePlayersPlayground.com™ reserves the right to change these monetary limitations at any time.

6.3

HorsePlayersPlayground.com™ reserves the right to set expiration dates or other limits on all Bonus Credits (these credits may not be withdrawn to cash). HorsePlayersPlayground.com™ reserves the right to expire the credit balance of any dormant account. HorsePlayersPlayground.com™ reserves the right to archive any dormant account and hence make it inaccessible to the Member. A dormant account shall be defined as any account that has been inactive for greater than 90 days.

7.

Forum & Community Policy

7.1

The Web Site may include discussion forums or other interactive areas or Services, including, without limitation, blogs, chat rooms, bulletin boards, message boards, online hosting or storage Services, or other areas or Services in which you or other Members create, post or store any information, content, messages, comments, materials or other items on the Web Site ("Interactive Areas"). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Web Site any of the following:

• Any message, comment, data, information, text, music, sound, photos, graphics, code or other material ("User Content") that is unlawful, libellous, slanderous, defamatory, profane or obscene (including the use of asterisks or other masking characters to disguise such profanity or obscenity), pornographic, harmful to minors, indecent, lewd, suggestive, insulting, harassing, abusive, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable or that you know or have reason to believe is incorrect, inaccurate, misleading or outdated;
• Email addresses or site URL’s in any form, including adaptations thereof;
• User Content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, provincial, national or international law;
• User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual property or moral right of any party. By posting any User Content, you represent and warrant that you have the lawful right to transmit, distribute and reproduce such User Content;
• User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
• Unsolicited promotions, political campaigning, advertising, junk mail, spam, chain letters, pyramid schemes or solicitation, including the publishing of any URLs;
• Private information of any third party, including, without limitation, addresses, phone numbers, e-mail addresses, social security or identity numbers and credit card numbers;
• Do not share personal information (your name, phone number, home address, password) with others on the site;
• Viruses, corrupted data or other harmful, disruptive or destructive files; and User content that is unrelated to the subject or topic of the Game or of the Interactive Area in question;
• User Content that contains user-specified fonts, HTML, JavaScript, Java, Flash, ActiveX controls or other programming or scripting elements;
• Any member generated guides or charts (TT Chart’s) containing horse training lengths which, per the creator's opinion, define whether a horse is competitive or not;
• User Content that, in the sole judgment of HorsePlayersPlayground.com™, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Web Site, or which adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all capital letters, or flooding continuous posting of repetitive text), or which may expose HorsePlayersPlayground.com™ or its users to any harm or liability of any type.

7.2

HorsePlayersPlayground.com™ takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is HorsePlayersPlayground.com™ liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive Services, HorsePlayersPlayground.com™ is not liable for any statements, representations or User Content provided by its Members in any public forum, personal home page or other Interactive Area.

7.3

Although HorsePlayersPlayground.com™ has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, and no User Content is endorsed, reviewed or approved by HorsePlayersPlayground.com™, HorsePlayersPlayground.com™ reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Web Site at any time and for any reason without notice. Notwithstanding the foregoing, HorsePlayersPlayground.com™ shall not be liable in any way whatsoever for any failure on its part to remove, screen or edit any User Content, whether or not it is aware of any objectionable, prohibited or unlawful material it may contain.

7.4

Any use of the Interactive Areas or other portions of the Web Site in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your membership and/or your right to use the Interactive Areas and/or the Web Site. You acknowledge and agree that HorsePlayersPlayground.com™ may access, use or disclose any information about you or your use of this Web Site, including, without limitation, any User Content to comply with the law or any legal process, protect and defend the rights or property of HorsePlayersPlayground.com™ or to protect the safety of HorsePlayersPlayground.com™, its employees, Members or the public.

7.5

If you post User Content to the Web Site, unless we indicate otherwise, you grant HorsePlayersPlayground.com™ and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant HorsePlayersPlayground.com™ and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (i) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Web Site; (ii) the User Content is accurate and not misleading; and (iii) use and posting of the User Content you supply does not violate these Terms and Conditions and will not violate any rights of or cause injury to any person or entity.

7.6

HorsePlayersPlayground.com™ does not condone the practice commonly referred to as “Spam”. A Member who is reported as a perpetrator of spam and the claims of “Spam” are validated by HorsePlayersPlayground.com™, will have their respective account either immediately TERMINATED or SUSPENDED, at the sole discretion of HorsePlayersPlayground.com™. HorsePlayersPlayground.com™ defines “Spam” as:

• Electronic mail messages addressed to a recipient with whom the initiator does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient;
• Messages posted to Forums and chat areas that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, or posted in excessive volume;
• Solicitations posted to Forums and chat areas, or to groups or individuals via Internet Relay Chat or “Instant Messaging” system (such as MSN Messenger);

HorsePlayersPlayground.com™ may undertake, at its sole discretion and with or without prior notice, the following enforcement actions described in detail below:

• Account Suspension: Upon the receipt of a credible and validated complaint, HorsePlayersPlayground.com™ may also elect to immediately suspend the membership of the user implicated in the abuse. Suspension serves as a “Final” warning and will prevent the abuser from continuing their abusive “Spamming” behavior. HorsePlayersPlayground.com™ will evaluate each validated abuse incident on a case-by-case basis and impose Termination or Suspension at its sole discretion. HorsePlayersPlayground.com™ reserves the right to lift the suspension of a user at any time, at its sole discretion.
• Account Termination: Upon the receipt of a credible and validated complaint, HorsePlayersPlayground.com™ may immediately terminate the membership of the individual user implicated in the abuse. Termination results in the immediate closure of the referral account, the loss of all referrals, the forfeiture of any unpaid referral money on account, a prohibition against any future membership, and the user will lose the right to compete in any races or utilize any of the Services.

ABUSE REPORTING: If you wish to report a violation of our Anti-Spam Policy, please forward all evidence of abuse to: membersupport@HorsePlayersPlayground.com. Please refer this serious matter responsibly!

8.

Security

The security of your information is one of the top priorities of HorsePlayersPlayground.com™. Encryption techniques are used to provide protection of your credit card information. Whilst HorsePlayersPlayground.com™ has taken precaution to ensure the security of your credit card details, HorsePlayersPlayground.com™ shall not be liable for any loss or disclosure thereof through no fault of HorsePlayersPlayground.com™. Your credit card information shall however have to be disclosed if HorsePlayersPlayground.com™ is required by law to do so. If so required by law, HorsePlayersPlayground.com™ shall endeavour to inform you by prior notice to you.

9.

Taxes and confidentiality

Taxes or other government imposts may be payable by you on your winnings, depending on the jurisdiction in which you reside or relevant laws applicable to you otherwise. HorsePlayersPlayground.com™ shall not disclose any information regarding your net loss or net profits to any third party unless required to do so by law.

10.

Equipment

You must supply your own equipment to gain access to the Web Site and to partake in the Game. You acknowledge that you use the Services at your own risk and that the Services are provided on an &quotas available" and &quotas is" basis.

11.

Continuity of Game

HorsePlayersPlayground.com™ reserves the right to modify or discontinue the Game at any time and HorsePlayersPlayground.com™ shall not be liable to any Member or third party for any loss or damage or claim of whatever nature as a result of HorsePlayersPlayground.com™ modifying or discontinuing the Game. HorsePlayersPlayground.com™ makes no warranty that the Game will be uninterrupted, secure, error free or timely.

12.

Liability in respect of Equipment

HorsePlayersPlayground.com™ shall not be liable for any loss or damages caused to your equipment as a result of downloading software or data from the Web Site and/or using such software or data and/or you participating in the Game.

13.

Use of your name

On accepting any amount of winnings you hereby consent to the use by HorsePlayersPlayground.com™ of your name, or in the case of you partaking under an alias, your alias, for advertising and promotional purposes. Such use of your name or alias by HorsePlayersPlayground.com™ shall be free of any charge.

14.

Your user name, password, alias and numbers

HorsePlayersPlayground.com™ shall not be required to maintain user names, passwords or account numbers and if you misplace, forget or lose your password, or are otherwise unable to gain access to any pages of the Web Site or any third party gains access to any pages of the Web Site using your password and/or account number through no fault of HorsePlayersPlayground.com™, HorsePlayersPlayground.com™ shall not be liable for any claims whatsoever resulting therefrom. You are responsible for maintaining the confidentiality of your password.

15.

Effect of registration

By registering as a Member you warrant that you fully understand these Terms and Conditions. You also agree to abide by all rules, regulations, terms and/or conditions contained herein or on the Web Site and as such rules, regulations, terms and/or conditions may change from time to time. You warrant that you understand the rules and regulations as set out and explained on the pages of the Web Site.

16.

Prohibited Activities

Members who are not registered affiliates of HorsePlayersPlayground.com™ are prohibited from using the content or the races of HorsePlayersPlayground.com™, for the purpose of making any financial gain, other than by winnings from races or proceeds from claims. Any activity which involves using the HorsePlayersPlayground.com™ platform for this purpose is strictly prohibited in terms of these Terms and Conditions

17.

Indemnity

You agree to hold HorsePlayersPlayground.com™, its successors or assigns, its employees, officers, directors, licensees, licensor, distributors, wholesales, affiliates, subsidiaries, advertising, promotion or other agencies, media partners, agents and retailers harmless and shall fully indemnify same from any and all costs, expenses, liabilities and damages whatsoever that may arise as a result of your (i) entry, use, or reuse of the Web Site, (ii) use of any materials at the Web Site, (iii) entry, use or reuse of the HorsePlayersPlayground.com™ server, (iv) participation in the Game, or (v) the acceptance of any Prize. You agree to indemnify and hold HorsePlayersPlayground.com™, its officers, directors, employees, subsidiaries, licensor, affiliates, successors or assigns, harmless from any third party claim or demand, including reasonable attorneys' fees, made in connection with or arising out of your use of the Game or participation in the Game.

18.

Commencement

This agreement shall commence on the date on which you submit your application on the registration page of the Web Site.

19.

Termination

This agreement shall terminate when HorsePlayersPlayground.com™ cancels your membership or when HorsePlayersPlayground.com™ discontinues the Game at any time. Upon such cancellation any cash balance in your account will be paid to you in the manner in which payments are made as explained on the pages of the Web Site.

20.

Severability

In case of a dispute, if any one or more of the terms or conditions contained herein should be held to be invalid or unenforceable, the validity and enforceability of all other provisions shall not be affected.

21.

No challenge

You will not attack nor assist in any attack on the validity or ownership of the intellectual property that facilitates the Game whilst this agreement exists or after termination or cancellation of this agreement for any reason whatsoever. You acknowledge that the intellectual property includes, inter alia, trade mark applications for the name and devices of HorsePlayersPlayground.com™ and “HorsePlayersPlayground.com“, patent applications for the Game, and rights of copyright in the Game software, Web Site and the pages thereof.

22.

No Relationship

Nothing in this agreement shall be construed to create any form of relationship between any of the parties by way of agency, partnership or distributorship. You may not represent HorsePlayersPlayground.com™ or propose to bind HorsePlayersPlayground.com™ or act in any way as if with the authority of HorsePlayersPlayground.com™.

23.

Entire Agreement

This agreement, as amended from time to time by HorsePlayersPlayground.com™, supersedes all prior agreements whether oral or in writing and constitutes the entire agreement between you and HorsePlayersPlayground.com™.

24.

Assignment

The rights and obligations under this agreement are personal in nature and you may not cede or assign or delegate your rights or obligations under this agreement. No legal entity or group or organisation other than an individual shall be allowed to become a Member.

25.

Warranties disclaimed

HorsePlayersPlayground.com™ disclaims all warranties of any kind, whether express or implied, including, but not limited to warranties of fitness for purpose.

26.

Liability for damages

26.1

To the extent permitted by applicable law, in no event shall HorsePlayersPlayground.com™, its officers, directors, employees, subsidiaries, licensor, affiliates, successors or assigns be liable for any indirect, incidental, special, consequential or punitive damages or losses (whether foreseeable or unforeseeable) of any kind (including loss of profits, loss of goodwill, damages relating to lost or damaged data or software, loss of use, damages relating to downtime or costs of substitute products or services) arising from your use of (or inability to use) the Web Site and/or the Services or your partaking (or inability to partake) in the Game.

26.2

To the extent permitted by applicable law, regardless of the form (whether in contract, delict, tort or any other legal theory) in which any legal action may be brought, HorsePlayersPlayground.com™'s maximum liability for direct damages for anything giving rise to any legal action shall be an amount equal to any cash balance in your account . This maximum amount shall be an aggregate amount for all claims arising out of your use of the Web Site and the Services offered in connection therewith.

27.

Notices

All notices to you from HorsePlayersPlayground.com™ or vice versa shall be in writing via e-mail or posted on the website.

28.

HorsePlayersPlayground.com ™ Employees

Employees of HorsePlayersPlayground.com™, agents, subsidiaries, licensees, white label partners, contractors and members of the immediate families of each are not eligible to participate in the Game.

29.

Names

29.1

In addition to clause 3.3 above, HorsePlayersPlayground.com™ reserves the right to immediately cancel or terminate your membership or refuse your membership application or to insist on you changing either one or all of your user name, stable name, alias or the name that you choose for any of your horses, should HorsePlayersPlayground.com™ at any time be of the opinion that any one or all of the above names are undesirable, immoral or offensive to any person or group of persons or to any person in particular. HorsePlayersPlayground.com™ does not always check the names or aliases used by its Members and if you use a name such as described in this clause, it may be revoked in future. Also, if you use an acceptable name, it may be revoked should it, in the opinion of HorsePlayersPlayground.com™ become undesirable at a future date. Should you be uncertain of the name/s chosen by yourself you may contact HorsePlayersPlayground.com™ to check whether the name is allowable. There is however no guarantee that the name will not become undesirable in future or that HorsePlayersPlayground.com™ will not in future become aware that the name is in fact undesirable. Notwithstanding the foregoing, HorsePlayersPlayground.com™ shall not be liable in any manner whatsoever for any offensive, undesirable or immoral names, or any delay or failure on its part to change any name, whether or not it is aware of the possibility of any damage, harm or loss arising there from.

29.2

The names that you choose are subject to availability. If the name that you choose is already taken, you will have to choose an alternative name.

29.3

You may not use the common law trade marks or registered trade marks that you have no right to use and/or that belong to others. You hereby indemnify HorsePlayersPlayground.com™ against any third party claim whatsoever arising out of the unlawful use of someone else's trade marks or names.

30.

Submissions

If you send comments or suggestions, including, but not limited to, notes, text, drawings, or computer programs, to HorsePlayersPlayground.com™, such submissions shall become, and shall remain, the sole property of HorsePlayersPlayground.com™. No submission shall be subject to any obligation of confidence on the part of HorsePlayersPlayground.com™. HorsePlayersPlayground.com™ shall exclusively own all rights to, and shall be entitled to unrestricted use of, all such submissions without compensation to you.

31.

Game content distributed between players or on third party websites

Any User Content or virtual racing guides created by members which may be distributed or be published on third party websites, are the creator's opinion and not the expressed views of members in general or those of HorsePlayersPlayground.com. It is suggested that such information is utilized with caution and at one's own discretion. HorsePlayersPlayground.com takes no responsibility and assumes no liability for any User Content relied on by members when playing the game.
The publishing and /or distribution of Guides or Charts (TT Guides) specifically containing horses time trial lengths, with reference to what is required to make a horse raceable, is not permitted. Players found to be advertising or distributing such TT Guides may be subject to suspension or even a permanent ban from the game at HorsePlayersPlayground.com discretion.