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Terms of use

This is the Web site of PONY, the book club operated by Stabenfeldt, Inc. (“PONY” or “we”).
Our mailing address is:

PONY
225 North Main Street
PO Box 3228
Bristol, CT 06011
Our phone number is: 1-800-410-4145
Our member service e-mail address is: info@pony.us

Welcome to PONY’s web site (“Site”). Please read these terms of use carefully. These terms explain important features about our club and the services and products we offer. By enrolling in our book club and/or accessing this site and any pages thereof, you agree to be bound by the terms of use below. If you do not agree to the terms of use below, do not access this site, or any pages thereof. If you have any questions about these terms please contact us.

COPYRIGHT NOTICE
© 2008 Stabenfeldt AS. All rights reserved. Copyright in the pages, screens displaying the information and materials contained in this site are owned by Stabenfeldt or other third parties. Nothing contained in this site shall confer to you in any manner, any license, title or ownership in, or to, any intellectual property right of Stabenfeldt, Inc. or any third party.

SUBMISSIONS
You cannot submit pictures, letters, poems, stories or any other content to include in our members magazine or on our Site that you do not own or do not have permission from the owner to submit. By submitting any content you hereby grant us with a perpetual, worldwide royalty-free, non-exclusive license to copy, publish, modify, transmit, display, distribute and otherwise use the content you submit in any manner which we choose.

When sending in a picture of your child with her favorite animal or along with a poem, drawing, letter or something else, please provide written permission to print the picture of your child and the poem, letter or drawing  that is to be published. PONY will not print photographs that include children without permission from the parents of each child in the picture.

You agree that neither you nor your child will submit material that is offensive, that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy (up to, but not excluding any address, e-mail, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable.

TESTIMONIALS
From time to time we post testimonials from our members. All testimonials in which personal information is included are always consented to prior to posting. Should you want your testimonial removed from our Web site please contact info@pony.com.

NEWSLETTERS
When you enroll your child as a member of PONY you may opt-in to receive our newsletters.  We will use the e-mail address provided on your enrollment card to send the newsletter to you.  If you decide not to receive these newsletters you can unsubscribe by clicking on “unsubscribe” at the bottom of the newsletter. 

BLOGS/POSTINGS
Messages or comments posted to our Site are solely the opinion and responsibility of the person posting the message. Visitors may occasionally post messages whether intentionally or unintentionally, that are inaccurate, misleading or deceptive. We do not endorse these messages, and the opinions, advice and statements contained in these messages are solely those of who posted them and may not reflect our opinions. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages or for any results obtained from the use of such information. Further, we, our parent, affiliates, our suppliers or agents are not liable for any loss or damage caused by your reliance on such information obtained when visiting our blogs. We have no obligation to, monitor the blogs and any materials displayed, transmitted or otherwise made available on or through them.

We reserve the right the remove any post or comment that is in violation of our terms of use, specific to, but not limited to, the appropriateness of its content.  Please understand that any information that you post is done at your own risk, and can be obtained and used by others. Do not reveal information that you do not want to make public, such as your contact information or e-mail address.

ON-LINE SURVEYS
Periodically we invite our members to participate in online surveys. The information we collect from our participants provides us with insight on what our members like, helps us to improve our Site and offer more exciting and interesting club packages. If your child is 13 or under and you would like your child to participate in our online survey you will need to complete a permission slip. Please call Member Service or email us at info@pony.us to obtain a permission slip.

PRIVACY POLICY
While we encourage the interactive nature of on-line media, we also want to educate parents and kids about how to appropriately safeguard their privacy while searching through the Internet. PONY is committed to safeguarding your and your child’s privacy. Please click here to review our Privacy Policy. We urge parents to discuss with their kids the restrictions regarding the on-line release of personal information to anyone they don’t know.

LINKS
This site provides links to other sites. Please beware that PONY does not control the Internet sites available through these links, and the information contained in such sites. PONY is not responsible for the availability of such external sites and does not make any representations to you about these sites or the information available there. PONY does not endorse the companies or products to which it has provided links. PONY shall not be responsible or liable, directly or indirectly, for any damage caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such site or resource. SUCH A THIRD PARTY SITE MAY HAVE A PRIVACY POLICY DIFFERENT FROM OURS AND THE THIRD PARTY WEBSITE MAY PROVIDE LESS SECURITY THAN OUR SITE. WE ENCOURAGE YOU TO READ THE PRIVACY POLICIES OF ANY SITE YOU VISIT.

AUTHORIZATION OF USE
You may copy the information published by us on this site for non-commercial use only by you. You agree that if you copy any part of this site, you shall retain all copyright and other proprietary notices contained herein.

INFORMATION SUBMITTED
If you submit personal information by e-mail or mail, we will use the information for such purposes reasonably related to the communication. Information submitted on new ideas, how to improve our site etc. becomes the property of PONY and we can use that information as we see fit.

NO WARRANTIES
THE INFORMATION PROVIDED ON THIS SITE IS PROVIDED "AS IS" AND TO THE EXTENT PERMITTED BY RELEVANT LAW WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. PONY IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATION OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THIS SITE OR WITH RESPECT TO THE INFORMATION AND MATERIAL CONTAINED ON THIS SITE. IN NO EVENT SHALL PONY OR ANY OF ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND OR ANY OTHER WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, UNDER ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS INFORMATION. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL PONY'S LIABILITY TO YOU FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

ORDERS/SHIPPING
Once you have enrolled in PONY online, you will receive a confirmation e-mail and your Welcome Package will arrive within approximately 2-4 weeks.

For purchases from our PONY Store, you will receive a confirmation e-mail that we have received your order. No orders are considered accepted orders until you receive a confirmation e-mail stating that your order has been confirmed and you have been provided an order confirmation number

We will try to make every effort to provide current and accurate information about Products, Services and prices but we do not guarantee the accuracy of such information. Information about Products is subject to change without notice. Prices are subject to change prior to our acceptance of your order. In the event that you order Products and the price published on the Site was incorrect, we will contact you to let you know the correct price and ask you whether you still wish us to fulfill your order at the correct price. Any dates specified for delivery of any products are intended to be an estimate only.

Unfortunately sometimes due to overwhelming demand, or unforeseeable events, items in our club packages may not be available. We reserve the right to substitute any item in a club package for one that is of equal or greater value.

RETURN POLICY
Each club package comes with a free ten-day preview period. That means you have ten days to look over the package. If you decide not to keep the club package, call us by the end of the preview period or return it and you will owe nothing. Otherwise you will be responsible for the cost of the club package set out in the accompanying invoice.

For items purchased from the PONY Store you may return the items within thirty days if they have not been used.

HOLD OPTION
Every issue of PONY Magazine describes the contents of the next club package and contains a “HOLD” coupon. If you choose not to receive the next package, just return the “HOLD” coupon by the date printed on it, call us Toll-free at 1-800-410-4145 or place a hold on www.pony4kids.com.

PEN PALS
PONY has members from over nine countries in the world that are crazy about horses just like your child. Should you decide to let your child become a pen pal you will need to complete a permission slip and provide information about your child such as her interests, hobbies etc.

You understand that we have no control over the exchanges between your child and her pen pal and she may be exposed to content that is offensive, indecent or objectionable. PONY shall not be held liable or responsible in any way for such content. You agree that your child will not include anything that is offensive, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy (up to, but not excluding any address, e-mail, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable in her correspondence with her pen pal.

DELAYS
If anything happens that is beyond our control such as a war, riots, fire, flood, labor strikes or failure/delay of transportation, we and our subcontractors and suppliers will not be liable for the unavailability of any service and/or products or any delay caused by such event beyond our reasonable control.

CANCELLATION
You can cancel your child’s membership at anytime by calling us Toll-free at 1-800-410-4145, e-mailing us at info@pony.us or sending us a letter. If you have an outstanding balance with us you will have to pay it before we will close your account.

If you have a balance that is more than 2 months overdue we reserve the right to place your child’s membership on hold until such balance is paid in full.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
THE CONTENT MADE AVAILABLE THROUGH OUR SITE  AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED "AS IS" ON AN “AS AVAILABLE BASIS” WITH NO WARRANTIES WHATSOEVER WHETHER EXPRESS OR  IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. WE DO NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SITE OR THE SERVERS THAT SUPPORT IT WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY CONTENT RELATED TO PRODUCTS ON THIS SITE.

WE DO NOT MAKE ANY WARRANTIES OF ANY KIND WITH REGARDS TO THE SERVICES AND PRODUCTS YOU PURCHASE THROUGH, OR ARE ADVERTISED ON, THIS SITE. IN THE EVENT THAT YOUR PRODUCT IS RECEIVED DAMAGED, WE WILL BE LIABLE ONLY TO THE EXTENT OF OUR RETURN POLICY.

TO THE FULLEST EXTENT ALLOWED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES INCLUDING , BUT NOT LIMITED TO, LOSS OF PROFITS, MATERIALS, DATA OR OTHER TANGIBLES OR INTANGIBLES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE OR THE SERVICE, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR THE SERVICE, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (V) ANY CHANGES TO THIS SITE OR THE SERVICES AND PRODUCTS OFFERED, OR (VI) OTHER MATTERS RELATING TO THE SITE OR THE SERVICE OR PRODUCTS OFFERED ON THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.  IN SUCH STATES, OUR LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL IN NO EVENT, EXCEED $100.00

APPLICABLE LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with the laws of the State of Connecticut. Any disputes arising under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the state and federal courts of the State of Connecticut.

ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and us with respect to the Site, the Services and Products. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more rights or provisions contained in these Terms are invalid, you agree that the remainder of the Terms shall be enforceable.