Part
I - LEGAL REQUIREMENTS OF USE OF THIS WEB SITE
Prior to your accessing of
this web site ("Web Site"), You, the user ("You" or
the "User"), shall closely review the general terms
and conditions of use of this Web Site ("Terms of Use")
applicable to all users of this Web Site and the privacy
policy of this Web Site ("Privacy Policy"), each of
which are set out below. If You do not agree with these
Terms of Use and Privacy Policy, do not access this
Web Site or any pages thereof for any purpose. Your
access to, and use of, this Web Site is evidence of,
Your acceptance of the Terms of Use and Privacy Policy
and to all applicable laws, statutes and ordinances.
You must use this Web Site in accordance with all applicable
international, federal, state and local laws and may
not post or transmit anything that would give rise to
any civil or criminal liability for any party or otherwise
violate any law.
The materials made available
in this Web Site, including materials made available
for downloading and in linked web sites directly or
indirectly accessible from this Web Site, are provided
"as is" without warranties of any kind, either express
or implied.
If You do not agree to the
Terms of Use please exit and make no attempts to use
this Web Site. HorseRacing Television ("HRTV") reserves
the right to modify or alter the Terms of Use at any
time and any use of this Web Site will be governed by
the Terms of Use posted on this Web Site at that time.
Please regularly consult these Terms of Use for any
updates.
Part
II - TERMS OF USE APPLICABLE TO ALL USERS OF WEB SITE
1. WEB SITE CONTENT
a. Third Party Content
Various types of information
available on this Web Site have been provided by third
party information suppliers that are independent of
HRTV. This information may include the views, opinions,
and recommendations of such third parties. HRTV neither
endorses such views or opinions, nor is responsible
for the availability, accuracy, currency or reliability
of such information including, but not limited to, wagering
and race information, and the inclusion of such views
or opinions is not intended to provide advice or constitute
a solicitation. At no time shall anything contained
on this Web Site be deemed an endorsement or recommendation
of any third party or shall constitute any representation
as to a third party's qualifications, services, products,
offerings, information or any other content. You acknowledge
that under no circumstances will HRTV be liable for
any loss or damage caused by Your reliance on such third
party information.
b. Hyperlinks
This Web Site directly or
indirectly provides content, hyperlinks and references
to external third party web sites, including, without
limitation, the web sites and material of the XpressBet®
wagering website, third party gaming authorities and
gaming establishments. The materials that can be accessed
from such web sites are not maintained by HRTV and we
are not responsible for the content thereof. HRTV neither
endorses nor is responsible for the availability, accuracy,
currency or reliability of any information, statement,
opinion or advice contained in such third party web
sites or materials. You acknowledge that under no circumstances
will HRTV be liable for any loss or damage caused by
Your reliance on information through a third party web
site. At no time shall anything contained on this Web
Site be deemed an endorsement or recommendation of any
third party or to constitute any representation as to
a third party's qualifications, services, products,
offerings, information or any other content. Users of
the XpressBet website are governed by the Terms of Use
and Terms of Wagering located on the XpressBet website.
2. COPYRIGHT & TRADEMARKS
Unless otherwise indicated,
the documents and information, including, but not limited
to, text, graphics, icons, logos, buttons and images,
on this Web Site and available for downloading are copyrighted
materials of, trademarks of, and owned and controlled
by HRTV, its parent and affiliated companies, subcontractors,
or the party credited as the provider of the content.
Reproduction or storage of documents and information
from this Web Site is subject to the U.S. Copyright
Act of 1976, Title 17 U.S.C. and other international
copyright laws. All software used on this Web Site is
the property of HRTV, its parent and affiliated companies,
subcontractors or its software suppliers and is subject
to U.S. and international copyright law. You may not
modify, decipher, de-compile, disassemble or reverse
engineer any of the software comprising or in any way
making up a part of this Web Site. You may not reuse,
reproduce, modify, distribute, transmit, republish,
display, publish or perform any of the content of this
Web Site without the express written permission of HRTV.
For greater certainty, You are deemed to have permission
to download and use the logos and other material located
in the Download section of the Web Site.
This Web Site may also contain
third party trademarks and service marks and all marks
are the property of their respective holders.
3. DISCLAIMER & LIMITATION OF LIABILITY
HRTV uses reasonable efforts
to maintain this Web Site but is not responsible for
the results of any defects, outages, interruptions,
viruses or other harmful components that exist in this
Web Site. You should not assume that this Web Site or
its content is error-free or that it will be suitable
for the particular purpose that You have in mind when
using it.
TO THE FULLEST EXTENT
PERMISSIBLE BY APPLICABLE LAW, HRTV DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED. HRTV WILL NOT BE LIABLE FOR DAMAGES
OF ANY KIND ARISING FROM THE USE OF THIS WEB SITE, INCLUDING,
BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY,
PUNITIVE, AND CONSEQUENTIAL DAMAGES, OR LOSS OF REVENUE
OR PROFITS, WHETHER FORESEEABLE OR NOT, ANY FAILURE
BY MEC TO PROVIDE ACCESS TO OR USE OF THIS WEBSITE,
OR ANY OTHER CAUSE WHATSOEVER.
HRTV may, in its sole discretion
and at any time, modify or discontinue this Web Site
or limit, terminate or suspend a User's use of or access
to this Web Site.
4. INDEMNIFICATION
You agree to defend, indemnify
and hold harmless HRTV, its suppliers, distributors,
subcontractors and its affiliates and related entities
and their respective directors, officers, employees
and agents, from and against all claims, losses, damages,
liabilities and costs (included but not limited to reasonable
attorneys' fees and court costs), arising out of or
relating to Your breach of these Terms of Use or misuse
of this Web Site. The foregoing indemnification obligation
shall survive termination of these Terms of Use and
this Web Site and Your purchase of any product or service
provided to You through this Web Site.
5. PROPRIETARY DATA/AUDIO VIDEO
All systems, programs, records, statistics, data, documentation
of either an audio or visual nature, and any other material
utilized or developed by HRTV, its parent and affiliated
companies, its subcontractors, or the party credited as
the provider of the content, in connection with this Web
Site are and shall remain the sole property of HRTV or
any third-party licensor of HRTV. All rights, title to,
and interest in, including copyrights and renewals thereof,
all systems, programming, records, statistics, data, documentation,
operator's manuals, components, and accessories comprising
the system furnishing the services hereunder and provided
by HRTV or its licensor at all times.
6. CONTACTING THE WEB SITE
General and specific inquiries
regarding these Terms of Use should be directed to:
Email: customerservice@hr.tv