Blood-Horse Terms of Use

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 party suppliers (collectively, the "Information Providers"). "Subscriber" means each person who establishes or accesses a connection ("Account") for access to and use of the Bloodhorse.com Website. These Terms of Use (the "Agreement") are applicable to the Web pages, services, content, databases, and information (collectively, the "Services") provided by Bloodhorse.com to which you may have access by using the Web site from which you accessed this agreement.

Agreement.

1. 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 username 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.
2. The Blood-Horse shall have the right at any time to change or discontinue any aspect or feature of Bloodhorse.com at its sole discretion and without notice to you, including, but not limited to, content, hours of availability, and equipment needed for access or use. Your continued use of the Services following any modification of this Agreement shall constitute your acceptance of such modifications to this Agreement.

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.

Equipment.

Subscriber shall be responsible for obtaining and maintaining all telephone, cable, wire, fiber optic, computer hardware and other equipment needed for access to and use of Bloodhorse.com and all charges related thereto.

Subscriber Conduct.

1. 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. You agree to access the Services manually by request and not programmatically by macro or other automated mean
2. Bloodhorse.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, data, 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, non-commercial use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, dissemination, display, circulation, creation of new works, publication or commercial exploitation of downloaded material will be permitted without the express permission of The Blood-Horse and the copyright owner. In addition, the copying or storing of any content, data, or information from the Services for other than personal use is expressly prohibited without prior written permission from Blood-Horse Publications and its Information Providers. 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.
3. 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.

Disclaimer of Warranty; Limitation of Liability.

1. 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 INFORMATION 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.
2. 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.
3. 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.
4. 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, INTANGIBLE, 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.
5. 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.

Monitoring.

The Blood-Horse shall have the right, but not the obligation, to monitor the content of Bloodhorse.com, including chat rooms, blogs, 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.

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.

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.

Trademarks.

The Blood-Horse, bloodhorse.com, Stallion Register, The Blood-Horse MarketWatch, Auction Edge, 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.

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.

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.

Supplemental Terms

1. 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.
2. 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.
3. 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.