Terms and Conditions
Agreement between User and www.johnpaycheck.com and HorseBite Entertainment llc
Welcome to www.johnpaycheck.com. The www.johnpaycheck.com website (the "Site") is
comprised of various web pages operated by HorseBite Entertainment LLC ("HorseBite
Entertainment"). www.johnpaycheck.com is offered to you conditioned on your acceptance
without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use
of www.johnpaycheck.com constitutes your agreement to all such Terms. Please read these terms
carefully, and keep a copy of them for your reference.
www.johnpaycheck.com is an E-Commerce Site.
To act as the primary website for entertainer John PayCheck, HorseBite Farms and Johnny
PayCheck. To promote and sell merchandise pertaining to the entertainer John PayCheck, Johnny
PayCheck, HorseBite Farms and others represented by HorseBite Entertainment. To promote and
sell the entertainment services provided by John PayCheck and HorseBite Entertainment as well as
HorseBite Farms. To inform fans and guests about HorseBite Entertainment entertainers, services
and other business. HorseBite will see entertainer merchandise, posters, coffee, CDs, shirts, and
other merchandise pertaining to musical and agricultural entertainment.
Visiting www.johnpaycheck.com or sending emails to HorseBite Entertainment constitutes
electronic communications. You consent to receive electronic communications and you agree that
all agreements, notices, disclosures and other communications that we provide to you
electronically, via email and on the Site, satisfy any legal requirement that such communications be
Children Under Thirteen
HorseBite Entertainment does not knowingly collect, either online or offline, personal information
from persons under the age of thirteen. If you are under 18, you may use www.johnpaycheck.com
only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
www.johnpaycheck.com may contain links to other websites ("Linked Sites"). The Linked Sites
are not under the control of HorseBite Entertainment and HorseBite Entertainment is not
responsible for the contents of any Linked Site, including without limitation any link contained in a
Linked Site, or any changes or updates to a Linked Site. HorseBite Entertainment is providing
these links to you only as a convenience, and the inclusion of any link does not imply endorsement
by HorseBite Entertainment of the site or any association with its operators.
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Certain services made available via www.johnpaycheck.com are delivered by third party sites and
organizations. By using any product, service or functionality originating from the
www.johnpaycheck.com domain, you hereby acknowledge and consent that HorseBite
Entertainment may share such information and data with any third party with whom HorseBite
Entertainment has a contractual relationship to provide the requested product, service or
functionality on behalf of www.johnpaycheck.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
of the Site, you warrant to HorseBite Entertainment that you will not use the Site for any purpose
that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could
damage, disable, overburden, or impair the Site or interfere with any other party's use and
enjoyment of the Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of HorseBite Entertainment
or its suppliers and protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,
legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
HorseBite Entertainment content is not for resale. Your use of the Site does not entitle you to
make any unauthorized use of any protected content, and in particular you will not delete or alter
any proprietary rights or attribution notices in any content. You will use protected content solely
for your personal use, and will make no other use of the content without the express written
permission of HorseBite Entertainment and the copyright owner. You agree that you do not
acquire any ownership rights in any protected content. We do not grant you any licenses, express
or implied, to the intellectual property of HorseBite Entertainment or our licensors except as
expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities,
personal web pages, calendars, and/or other message or communication facilities designed to
enable you to communicate with the public at large or with a group (collectively, "Communication
Services"). You agree to use the Communication Services only to post, send and receive messages
and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service,
you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as
rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material
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or information; upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or
have received all necessary consents; upload files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of another's computer; advertise or
offer to sell or buy any goods or services for any business purpose, unless such Communication
Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes
or chain letters; download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete
any author attributions, legal or other proper notices or proprietary designations or labels of the
origin or source of software or other material contained in a file that is uploaded; restrict or inhibit
any other user from using and enjoying the Communication Services; violate any code of conduct
or other guidelines which may be applicable for any particular Communication Service; harvest or
otherwise collect information about others, including e-mail addresses, without their consent;
violate any applicable laws or regulations.
HorseBite Entertainment has no obligation to monitor the Communication Services. However,
HorseBite Entertainment reserves the right to review materials posted to a Communication Service
and to remove any materials in its sole discretion. HorseBite Entertainment reserves the right to
terminate your access to any or all of the Communication Services at any time without notice for
any reason whatsoever.
HorseBite Entertainment reserves the right at all times to disclose any information as necessary to
satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to
post or to remove any information or materials, in whole or in part, in HorseBite Entertainment's
Always use caution when giving out any personally identifying information about yourself or your
children in any Communication Service. HorseBite Entertainment does not control or endorse the
content, messages or information found in any Communication Service and, therefore, HorseBite
Entertainment specifically disclaims any liability with regard to the Communication Services and
any actions resulting from your participation in any Communication Service. Managers and hosts
are not authorized HorseBite Entertainment spokespersons, and their views do not necessarily
reflect those of HorseBite Entertainment.
Materials uploaded to a Communication Service may be subject to posted limitations on usage,
reproduction and/or dissemination. You are responsible for adhering to such limitations if you
upload the materials.
Materials Provided to www.johnpaycheck.com or Posted on Any HorseBite
Entertainment Web Page
HorseBite Entertainment does not claim ownership of the materials you provide to
www.johnpaycheck.com (including feedback and suggestions) or post, upload, input or submit to
any HorseBite Entertainment Site or our associated services (collectively "Submissions").
However, by posting, uploading, inputting, providing or submitting your Submission you are
granting HorseBite Entertainment, our affiliated companies and necessary sublicensees permission
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to use your Submission in connection with the operation of their Internet businesses including,
without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat your Submission; and to publish your name in connection
with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein.
HorseBite Entertainment is under no obligation to post or use any Submission you may provide
and may remove any Submission at any time in HorseBite Entertainment's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and
represent that you own or otherwise control all of the rights to your Submission as described in this
section including, without limitation, all the rights necessary for you to provide, post, upload, input
or submit the Submissions.
The Service is controlled, operated and administered by HorseBite Entertainment from our offices
within the USA. If you access the Service from a location outside the USA, you are responsible
for compliance with all local laws. You agree that you will not use the HorseBite Entertainment
Content accessed through www.johnpaycheck.com in any country or in any manner prohibited by
any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless HorseBite Entertainment, its officers, directors,
employees, agents and third parties, for any losses, costs, liabilities and expenses (including
reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or
services, any user postings made by you, your violation of any terms of this Agreement or your
violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
HorseBite Entertainment reserves the right, at its own cost, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you, in which event you will fully
cooperate with HorseBite Entertainment in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or
otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single
neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration
service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's
award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the
event that any legal or equitable action, proceeding or arbitration arises out of or concerns these
Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable
attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and
Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or
indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree
that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The
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entire dispute, including the scope and enforceability of this arbitration provision shall be
determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH
AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE
OTHER. Further, unless both you and HorseBite Entertainment agree otherwise, the arbitrator
may not consolidate more than one person's claims, and may not otherwise preside over any form
of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. HORSEBITE ENTERTAINMENT LLC AND/OR ITS
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY
HORSEBITE ENTERTAINMENT LLC AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY
PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF
ANY KIND. HORSEBITE ENTERTAINMENT LLC AND/OR ITS SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL HORSEBITE ENTERTAINMENT LLC AND/OR ITS SUPPLIERS BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE
OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE
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SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING
OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HORSEBITE
ENTERTAINMENT LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF
DISCONTINUE USING THE SITE.
HorseBite Entertainment reserves the right, in its sole discretion, to terminate your access to the
Site and the related services or any portion thereof at any time, without notice. To the maximum
extent permitted by law, this agreement is governed by the laws of the State of Texas and you
hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out
of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not
give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between
you and HorseBite Entertainment as a result of this agreement or use of the Site. HorseBite
Entertainment's performance of this agreement is subject to existing laws and legal process, and
nothing contained in this agreement is in derogation of HorseBite Entertainment's right to comply
with governmental, court and law enforcement requests or requirements relating to your use of the
Site or information provided to or gathered by HorseBite Entertainment with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable
law including, but not limited to, the warranty disclaimers and liability limitations set forth above,
then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision and the remainder of the
agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user
and HorseBite Entertainment with respect to the Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or written, between the
user and HorseBite Entertainment with respect to the Site. A printed version of this agreement and
of any notice given in electronic form shall be admissible in judicial or administrative proceedings
based upon or relating to this agreement to the same extent and subject to the same conditions as
other business documents and records originally generated and maintained in printed form. It is the
express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
HorseBite Entertainment reserves the right, in its sole discretion, to change the Terms under which
www.johnpaycheck.com is offered. The most current version of the Terms will supersede all
previous versions. HorseBite Entertainment encourages you to periodically review the Terms to
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stay informed of our updates.
HorseBite Entertainment welcomes your questions or comments regarding the Terms:
HorseBite Entertainment LLC
539 West Commerce Street
Dallas, Texas 75208
Effective as of January 01, 2020
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Collection of your Personal Information
In order to better provide you with products and services offered, HorseBite Entertainment may collect personally identifiable information, such as your: If you purchase HorseBite Entertainment's products and services, we collect billing and credit card information. This information is used to complete the purchase transaction. Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through HorseBite Entertainment's public message boards, this information may be collected and used by others. We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services. These may include: (a) registering for an account; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.
Use of your Personal Information
HorseBite Entertainment collects and uses your personal information to operate and deliver the services you have requested. HorseBite Entertainment may also use your personally identifiable information to inform you of other products or services available from HorseBite Entertainment and its affiliates.
- First and Last Name
- Mailing Address
- E-mail Address
- Phone Number
Sharing Information with Third Parties
HorseBite Entertainment does not sell, rent or lease its customer lists to third parties. HorseBite Entertainment may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to HorseBite Entertainment, and they are required to maintain the confidentiality of your information. HorseBite Entertainment may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on HorseBite Entertainment or the site; (b) protect and defend the rights or property of HorseBite Entertainment; and/or (c) act under exigent circumstances to protect the personal safety of users of HorseBite Entertainment, or the public.
Tracking User Behavior
HorseBite Entertainment may keep track of the websites and pages our users visit within HorseBite Entertainment, in order to determine what HorseBite Entertainment services are the most popular. This data is used to deliver customized content and advertising within HorseBite Entertainment to customers whose behavior indicates that they are interested in a particular subject area.
Automatically Collected Information
Information about your computer hardware and software may be automatically collected by HorseBite Entertainment. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the HorseBite Entertainment website.
The HorseBite Entertainment website may use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize HorseBite Entertainment pages, or register with HorseBite Entertainment site or services, a cookie helps HorseBite Entertainment to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same HorseBite Entertainment website, the information you previously provided can be retrieved, so you can easily use the HorseBite Entertainment features that you customized. You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the HorseBite Entertainment services or websites you visit.
This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
Security of your Personal Information
HorseBite Entertainment secures your personal information from unauthorized access, use, or disclosure. HorseBite Entertainment uses the following methods for this purpose: When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol. We strive to take appropriate security measures to protect against unauthorized access to or alteration of your personal information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) security, integrity, and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed.
Right to Deletion
Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will: Please note that we may not be able to comply with requests to delete your personal information if it is necessary to:
- SSL Protocol
• Delete your personal information from our records; and
• Direct any service providers to delete your personal information from their records.
• Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
• Debug to identify and repair errors that impair existing intended functionality;
• Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
• Comply with the California Electronic Communications Privacy Act;
Children Under Thirteen
HorseBite Entertainment does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.
From time to time, HorseBite Entertainment may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication. If you would like to stop receiving marketing or promotional communications via email from HorseBite Entertainment, you may opt out of such communications by reply STOP or UNSUBSCRIBE.
External Data Storage Sites
We may store your data on servers provided by third party hosting vendors with whom we have contracted.
Changes to this Statement
HorseBite Entertainment welcomes your questions or comments regarding this Statement of Privacy. If you believe that HorseBite Entertainment has not adhered to this Statement, please contact HorseBite Entertainment at:
HorseBite Entertainment LLC
539 West Commerce Street, #1938
Dallas, Texas 75208
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
• Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
• Comply with an existing legal obligation; or
• Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.
Effective as of August 31, 2019