Terms of Service
Welcome to Daily Racing News. These Terms and Conditions apply to Daily Racing News, as well as any other sites on which a link to these Terms and Conditions appears (collectively, the “Website”). As used herein, “we,” “us” and “our” refers to Daily Racing, (“Daily Racing”).
These Terms and Conditions may be modified at any time and from time to time. You agree that your use of the Website is subject to the Terms and Conditions then in effect. Continued access to the Website by you following any modification in the Terms and Conditions will constitute your acceptance of the Terms and Conditions as modified. If you do not agree with the Terms and Conditions, please do not use the Website.
Other portions of Daily Racing websites may be governed by different or additional terms and conditions. In the event of a conflict between any provision of these Terms and Conditions, on the one hand, and any other terms and conditions, on the other hand, the applicable provision of these Terms and Conditions shall prevail with respect to your use of the Website.
WEBSITE PROVIDED “AS-IS, AS-AVAILABLE”
The materials comprising the Website are provided by Daily Racing as a service to you for your noncommercial, personal use on an “as-is, as-available” basis. The materials may be used by you for informational purposes only. You acknowledge that you are using the Website at your own risk.
Daily Racing assumes no responsibility for any errors or omissions in the materials comprising the Website. Daily Racing makes no commitment to update the information on the Website. No advice or information given by Daily Racing or any other party on the Website shall create any warranty or liability. Further, Daily Racing is not responsible for any content transmitted or posted to the Website by a third party. Any such third party content does not necessarily represent the opinions, beliefs, or positions of Daily Racing. (See below regarding “User Content.”)
Daily Racing periodically schedules system downtime for maintenance and other purposes. Unplanned outages also may occur. Daily Racing shall have no liability for the resulting unavailability of the Website or for any loss of data or transactions caused by planned or unplanned system outages, or any outages of webhost providers.
Daily Racing makes no, and expressly disclaims any, representations or warranties, express or implied, regarding the Website, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. Daily Racing makes no, and expressly disclaims any, warranties, express or implied, regarding the correctness, accuracy, completeness, timeliness, and reliability of the text, images, graphics, links to other sites and any other items on the Website or accessed via the Website , or that the Website will be uninterrupted, error-free or free of viruses or other harmful components. Under no circumstances shall Daily Racing, its parents, subsidiaries, affiliates, or any of their respective partners, officers, directors, employees, agents or representatives be liable for any damages whatsoever, whether direct, indirect, special or consequential damages for lost revenues, lost profits, or otherwise, arising from or in connection with this Website, the materials contained herein, or the Internet generally. These disclaimers of warranties and limitations of liability shall apply to the fullest extent permitted by applicable law.
Daily Racing does not control, and is not responsible for, any third-party sites to which the Website links.
All materials contained in this Website, including software, text, videos, photographs, images, sound files and other materials (collectively, “Content”), are protected by copyright laws, and may not be reproduced, republished, distributed, transmitted, sold, displayed, broadcast or otherwise exploited in any manner without the express prior written permission of either Daily Racing or, in the case of licensed by Daily Racing from third parties, the entity that is credited as the copyright holder of such licensed content. Unauthorized use of Content may violate copyright, trademark and other laws. You have no rights in or to the Content and you may not use the Content except as permitted under these Terms and Conditions. You may download freely-accessible Content (one copy per page) from the Website for your personal and non-commercial use only, without altering or removing any trademark, copyright or other notice from Content. Any third party materials transmitted or posted to the Website become the copyrighted property of Daily Racing, and may be used, reproduced, published, distributed, transmitted, sold, displayed, broadcast or otherwise exploited by Daily Racing. If you violate these Terms and Conditions, your permission to access the Website terminates and you must immediately destroy any copies you have made of the Content.
Daily Racing does not permit infringement of intellectual property rights on the Website. If you believe that any Content on the Website infringes your copyright or other intellectual-property rights, you may notify Daily Racing by providing the information required by the Online Copyright Infringement Liability Limitation Act section of the Digital Millennium Copyright Act, 17 U.S.C. 512 (c)(3), to Daily Racing:
IMPERMISSIBLE USES OF THE WEBSITE
You agree not to: (a) systematically retrieve data or other Content from the Website to create or compile, directly or indirectly, a collection, compilation, database, directory or the like, whether by manual methods, through the use of “bots” or otherwise; (b) use any trademarks, tradenames or other intellectual property of Daily Racing or any other party from the Website as metatags on other websites, to disparage any party or in any manner that may damage any goodwill in the intellectual property; and (c) collect usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other communications,
Daily Racing may provide users an opportunity to transmit or post text, videos, photographs, images, sound files and/or other content to the website (collectively, “User Content”) and may provide for the hosting, sharing and/or publishing of such User Content. Daily Racing does not necessarily endorse, support, sanction, encourage, or agree with User Content and expressly disclaims any and all liability in connection with any User Content.
You shall not transmit or post any User Content that is: (a) unlawful, threatening, harassing, abusive, false, inaccurate, deceptive, misleading, offensive, distasteful, inappropriate, libelous, defamatory, obscene, vulgar, pornographic, profane, indecent, invasive of another’s privacy or harmful to minors in any way; (b)constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate and local, state, national, or international law; (c) is copyrighted, protected by trade secret, patent, trademark or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to submit or post the material and to grant Daily Racing all of the license rights granted herein;; (d) refers derisively to the goods or services of others; (e) includes any disruptive elements that may damage or interfere with the Website such as computer viruses, bots, worms, bombs, or trojan horses; (f) includes advertisements or solicitations of business; (g) impersonates another person; (h) includes any person’s full name or personal or identifying information without that person’s authorization; or (i) violates the law or otherwise violates these Terms and Conditions.
In connection with any User Content you submit, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Daily Racing to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Website and these Terms and Conditions; (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Website and these Terms and Conditions; and (iii) it complies with these Terms and Conditions.
You understand that all User Content is the sole responsibility of the person who transmits or posts that User Content. This means that you, and not Daily Racing, are entirely and solely responsible for all User Content that you transmit or post and for the consequences of Daily Racing publishing such User Content. Daily Racing does not and cannot review the User Content transmitted or posted by users and is not responsible for such content. However, Daily Racing shall have the right, but not the obligation, to delete, move, remove, or edit any User Content that violates these Terms and Conditions or is otherwise objectionable, as determined by Daily Racing in its sole discretion and without notice.
You agree to indemnify Daily Racing and its parents, subsidiaries, and affiliates, and each of their respective partners, officers, directors, employees, and agents, against, and to hold each of them harmless from, any and all claims and liabilities (including attorney’s fees) that may arise from your use of the Website, your transmission or posting of User Content, your unauthorized use of material obtained from the Website, your breach of these Terms and Conditions, your violation of any law, regulation or any right of any other person or entity, and any unauthorized use of your account or password. Daily Racing reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
By transmitting or posting User Content , you grant Daily Racing the perpetual, universal, nonexclusive, royalty-free, sublicenseable and transferable right and license to use, reproduce, edit, remove, modify, publish, transmit, display, distribute, have distributed, promote, perform, and prepare derivative works of, all or any potion of such User Content in any form, in any medium now existing or hereinafter invented for any purpose, including commercial uses, including without limitation, in connection with the Website, in connection with the print or online edition of Daily Racing or Daily Racing News, in connection with Daily Racing’s (and our successors’) business, in connection with promoting and redistributing part or all of the Website (and derivative works thereof) without additional notice, approval, consent, compensation or attribution. You waive any moral rights you may have in having the User Content. You also grant each user of the Website a non-exclusive license to access your User Content through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Website and under these Terms and Conditions.
USER ACCOUNTS AND PASSWORDS
To use certain optional features and functions of the Website, users may be given the opportunity to create user accounts with passwords. You agree to maintain the confidentiality of your user account information and password(s) and you agree not to use your user account(s) or password(s) for any unauthorized purpose. By creating any user account, you represent, warrant and certify that you are at least thirteen (13) years of age.
You are responsible for actions undertaken by those using your user account(s) and password(s). Daily Racing, in its sole discretion, may suspend or terminate your user account(s) for any reason without notice, including but not limited to if you or anyone using your user account(s) or password(s) violates or attempts to violate these Terms and Conditions.
Daily Racing may, in appropriate circumstances, terminate your user account(s), if you are determined to be a repeat infringer. You may be determined to be a repeat infringer if Daily Racing determines that you have posted or transmitted infringing User Content more than once.
You may be able to use the Website to purchase optional goods or services by providing a valid credit card or other payment method (your “Payment Method”). By making such a purchase, you authorize Daily Racing to bill your Payment Method. Unless expressly stated otherwise at time of purchase, all purchases are final and nonrefundable. All currency references are in U.S. dollars.
In order to process your Payment Method, Daily Racing may provide information regarding your Payment Method and user account to a third-party processor (the “Payment Processor”), such as PayPal. Daily Racing makes no representations about any Payment Processor’s privacy practices.
If a purchased good or service is subject to shipping, shipping methods and delivery times cannot be guaranteed. You agree that Daily Racing is not responsible for any production or shipment delays beyond its control, including fire, accident, acts of God, strike, carrier delays, power, or system failure.
All advertising on the Website in subject to the Online Advertising Terms and Conditions as modified from time to time. The Online Advertising Terms and Conditions are part of these Terms and Conditions and are incorporated herein by reference.
The failure of Daily Racing to exercise or enforce any portion of these Terms and Conditions shall not constitute a waiver or modification of any such right or position.
The section titles used in the Terms and Conditions are for convenience of reference only, are not intended to be considered a part hereof, and shall not modify or restrict any of the terms or provisions hereof or be taken into consideration in interpreting or construing the Terms and Conditions.
If any portion of these Terms and Conditions is found by a court of competent jurisdiction to be unlawful, void, invalid or otherwise unenforceable, then the court shall endeavor to give effect to the parties’ intention as reflected in that portion and the portion shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of the remaining portion, which will remain in full force and effect.
These Terms and Conditions, including the Privacy Statement and the Online Advertising Terms and Conditions, constitutes the entire agreement between you and Daily Racing with respect to the subject matter hereof and supersedes any other agreements, written or oral.