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1.
Definitions.
bloodhorse.com is the interactive online service ("Website")
operated by Blood-Horse Publications ("The Blood-Horse")
on World Wide Web of the Internet, consisting of information
services and content provided by The Blood-Horse, its affiliates
and other third parties. "Subscriber" means each
person who establishes or accesses a connection ("Account")
for access to and use of the bloodhorse.com Website.
2.
General.
(A) This Agreement sets forth the terms and conditions
that apply to use of bloodhorse.com by Subscriber. By using
bloodhorse.com (other than to read this Agreement for the
first time), Subscriber agrees to comply with all of the terms
and conditions listed herein. The right to use bloodhorse.com
is personal to Subscriber and is not transferable to any other
person or entity. Subscriber is responsible for all use of
Subscriber's Account (under any screen name or password) and
for ensuring that all use of Subscriber's Account complies
fully with the provisions of this Agreement. Subscriber shall
be responsible for protecting the confidentiality of Subscriber's
password(s), if any.
(B) The
Blood-Horse shall have the right at any time to change or
discontinue any aspect or feature of bloodhorse.com, including,
but not limited to, content, hours of availability, and equipment
needed for access or use.
3.
Changed Terms.
The Blood-Horse shall have the right at any time to change
or modify the terms and conditions applicable to Subscriber's
use of bloodhorse.com, or any part thereof, or to impose new
conditions, including, but not limited to, adding fees and
charges for use. Such changes, modifications, additions or
deletions shall be effective immediately upon notice thereof,
which may be given by means including, but not limited to,
posting on bloodhorse.com, or by electronic or conventional
mail, or by any other means by which Subscriber obtains notice
thereof. Any use of bloodhorse.com by Subscriber after such
notice shall be deemed to constitute acceptance by Subscriber
of such changes, modifications or additions.
4.
Equipment.
Subscriber shall be responsible for obtaining and maintaining
all telephone, computer hardware and other equipment needed
for access to and use of bloodhorse.com and all charges related
thereto.
5.
Subscriber Conduct.
(A) Subscriber shall use bloodhorse.com for lawful purposes
only. Subscriber shall not post or transmit through bloodhorse.com
any material which violates or infringes in any way upon the
rights of others, which is unlawful, threatening, abusive,
defamatory, invasive of privacy or publicity rights, vulgar,
obscene, profane or otherwise objectionable, which encourages
conduct that would constitute a criminal offense, give rise
to civil liability or otherwise violate any law, or which,
without The Blood-Horse's express prior approval, contains
advertising or any solicitation with respect to products or
services. Any conduct by a Subscriber that in The Blood-Horse's
discretion restricts or inhibits any other Subscriber from
using or enjoying bloodhorse.com will not be permitted. Subscriber
shall not use bloodhorse.com to advertise or perform any commercial
solicitation, including, but not limited to, the solicitation
of users to become subscribers of other on-line information
services competitive with bloodhorse.com.
(B) bloodhorse.com
contains copyrighted material, trademarks and other proprietary
information, including, but not limited to, text, software,
photos, video, graphics, music and sound, and the entire contents
of bloodhorse.com are copyrighted as a collective work under
the United States copyright laws. The Blood-Horse owns a copyright
in the selection, coordination, arrangement and enhancement
of such content, as well as in the content original to it.
Subscriber may not modify, publish, transmit, participate
in the transfer or sale, create derivative works, or in any
way exploit, any of the content, in whole or in part. Subscriber
may download copyrighted material for Subscriber's personal
use only. Except as otherwise expressly permitted under copyright
law, no copying, redistribution, retransmission, publication
or commercial exploitation of downloaded material will be
permitted without the express permission of The Blood-Horse
and the copyright owner. In the event of any permitted copying,
redistribution or publication of copyrighted material, no
changes in or deletion of author attribution, trademark legend
or copyright notice shall be made. Subscriber acknowledges
that it does not acquire any ownership rights by downloading
copyrighted material.
(C) Subscriber
shall not upload, post or otherwise make available on bloodhorse.com
any material protected by copyright, trademark or other proprietary
right without the express permission of the owner of the copyright,
trademark or other proprietary right and the burden of determining
that any material is not protected by copyright rests with
Subscriber. Subscriber shall be solely liable for any damage
resulting from any infringement of copyrights, proprietary
rights, or any other harm resulting from such a submission.
By submitting material to any public area of bloodhorse.com,
Subscriber automatically grants, or warrants that the owner
of such material has expressly granted The Blood-Horse the
royalty-free, perpetual, irrevocable, non-exclusive right
and license to use, reproduce, modify, adapt, publish, translate
and distribute such material (in whole or in part) worldwide
and/or to incorporate it in other works in any form, media
or technology now known or hereafter developed for the full
term of any copyright that may exist in such material. Subscriber
also permits any other Subscriber to access, view, store or
reproduce the material for that Subscriber's personal use.
Subscriber hereby grants The Blood-Horse the right to edit,
copy, publish and distribute any material made available on
bloodhorse.com by Subscriber.
6.
Disclaimer of Warranty; Limitation of Liability.
(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF BLOODHORSE.COM
IS AT SUBSCRIBER'S SOLE RISK. NEITHER THE BLOOD-HORSE, ITS
AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS,
THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT BLOODHORSE.COM
WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF
BLOODHORSE.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT
OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH
BLOODHORSE.COM.
(B) BLOODHORSE.COM
IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES
WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION
OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS
DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED
BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER
VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR
UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER
FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR
UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES
THAT THE BLOOD-HORSE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE
OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND
THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY
WITH SUBSCRIBER.
(D) IN
NO EVENT WILL THE BLOOD-HORSE, OR ANY PERSON OR ENTITY INVOLVED
IN CREATING, PRODUCING OR DISTRIBUTING BLOODHORSE.COM OR THE
BLOODHORSE.COM SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING,
WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF
OR INABILITY TO USE BLOODHORSE.COM. SUBSCRIBER HEREBY ACKNOWLEDGES
THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT
ON BLOODHORSE.COM.
(E) IN
ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, THE BLOOD-HORSE,
NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS
SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY
ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS
OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN BLOODHORSE.COM,
OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF
TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM
OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL
BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE,
INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL
DAMAGES. NEITHER, THE BLOOD-HORSE, NOR ITS AFFILIATES, INFORMATION
PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS,
SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY,
THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE
USE OF THE INFORMATION.
7.
Monitoring.
The Blood-Horse shall have the right, but not the obligation,
to monitor the content of bloodhorse.com, including chat rooms
and forums, to determine compliance with this Agreement and
any operating rules established by The Blood-Horse and to
satisfy any law, regulation or authorized government request.
The Blood-Horse shall have the right in its sole discretion
to edit, refuse to post or remove any material submitted to
or posted on bloodhorse.com. Without limiting the foregoing,
The Blood-Horse shall have the right to remove any material
that The Blood-Horse, in its sole discretion, finds to be
in violation of the provisions hereof or otherwise objectionable.
8.
Indemnification.
Subscriber agrees to defend, indemnify and hold harmless
The Blood-Horse, its affiliates and their respective directors,
officers, employees and agents from and against all claims
and expenses, including attorneys' fees, arising out of the
use of bloodhorse.com by Subscriber or Subscriber's Account.
9.
Termination.
Either The Blood-Horse or Subscriber may terminate this
Agreement at any time. Without limiting the foregoing, The
Blood-Horse shall have the right to immediately terminate
Subscriber's Account in the event of any conduct by Subscriber
which The Blood-Horse, in its sole discretion, considers to
be unacceptable, or in the event of any breach by Subscriber
of this Agreement.
10.
Trademarks.
The Blood-Horse, bloodhorse.com, and each of their logos
are trademarks of Blood-Horse Publications All rights reserved.
All other trademarks appearing on bloodhorse.com are the property
of their respective owners.
11.
Third Party Content.
The Blood-Horse is a distributor (and not a publisher)
of content supplied by third parties and Subscribers. Any
opinions, advice, statements, services, offers, or other information
or content expressed or made available by third parties, including
information providers, Subscribers or any other user of bloodhorse.com,
are those of the respective author(s) or distributor(s) and
not of The Blood-Horse. Neither The Blood-Horse nor any third-party
provider of information guarantees the accuracy, completeness,
or usefulness of any content, nor its merchantability or fitness
for any particular purpose.
In many
instances, the content available through bloodhorse.com represents
the opinions and judgments of the respective information provider,
Subscriber, or other user not under contract with The Blood-Horse.
The Blood-Horse neither endorses nor is responsible for the
accuracy or reliability of any opinion, advice or statement
made on bloodhorse.com by anyone other than authorized The
Blood-Horse employee spokespersons while acting in their official
capacities. Under no circumstances will The Blood-Horse be
liable for any loss or damage caused by a Subscriber's reliance
on information obtained through bloodhorse.com. It is the
responsibility of Subscriber to evaluate the accuracy, completeness
or usefulness of any information, opinion, advice or other
content available through bloodhorse.com. Please seek the
advice of professionals, as appropriate, regarding the evaluation
of any specific information, opinion, advice or other content.
12.
Miscellaneous.
This Agreement and any operating rules for bloodhorse.com
established by The Blood-Horse constitute the entire agreement
of the parties with respect to the subject matter hereof,
and supersede all previous written or oral agreements between
the parties with respect to such subject matter. This Agreement
shall be construed in accordance with the laws of the State
of Kentucky, without regard to its conflict of laws rules.
No waiver by either party of any breach or default hereunder
shall be deemed to be a waiver of any preceding or subsequent
breach or default. The section headings used herein are for
convenience only and shall not be given any legal import.
13.
Supplemental Terms
Associated
Press Notice
Associated Press text, photos, graphics, audio and/or video
materials shall not directly or indirectly be published, rewritten
for broadcast or publication or redistributed in any medium.
Neither these AP materials nor any portion thereof may be
stored in a computer except for personal and non-commercial
use. Subscriber does not hold the AP liable for any delays,
inaccuracies, errors or omissions from or in the transmission
or delivery of all or any part thereof or for any damage arising
from any of the foregoing.
The Jockey
Club Information Systems
Data provided or compiled by The Jockey Club Information Systems,
Inc. generally is accurate but occasionally errors and omissions
occur as a result of incorrect data received by others, mistakes
in processing and other causes. The Jockey Club Information
Systems, Inc. disclaims responsibility for the consequences,
if any, of such errors, but would appreciate their being called
to its attention.
Racing
Information
Information as to races, race results, earnings and other
statistical data for races run subsequent to December 31,
1990 was obtained from Equibase Company and is utilized only
with permission of the copyright owner. Such information for
periods prior to January 1, 1991 was obtained from Daily Racing
Form, Inc.
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