THOROUGHBRED DAILY NEWS USER AGREEMENT
1. ACCEPTANCE OF TERMS
Welcome to Thoroughbred Daily News (TDN)!
We will refer to TDN as the "Service". We (that is TDN and its other
business groups and affiliates) will provide the Service to you, subject to the
following terms and conditions - referred to as the "Service Agreement" or
"SA", which may be updated or modified by us from time to time without notice
to you, therefore you need to regularly check this agreement to stay up to
date. You can review the most current version of the SA at any time at
www.thoroughbreddailynews.com. Your use of the Service will confirm our
agreement to these terms and conditions as well as your acceptance of the
changes we make to the SA.
Consequently, PLEASE READ THIS SERVICE AGREEMENT CAREFULLY BEFORE
ACCESSING OR USING TDN. BY ACCESSING OR USING TDN, YOU AGREE TO BE BOUND BY
THESE TERMS AND CONDITIONS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND
CONDITIONS, YOU MAY NOT ACCESS OR USE TDN. REMEMBER THAT TDN MAY MODIFY THIS
AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY
UPON POSTING OF THE MODIFIED AGREEMENT. YOU AGREE TO REVIEW THE AGREEMENT
PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE
OF TDN SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
2. DESCRIPTION OF SERVICE
TDN is an online directory service of thoroughbred-industry information.
Unless explicitly stated otherwise, any new features that augment or enhance
the current Service shall be subject to the SA. You understand and agree that
the Service is provided "AS IS" and that we do not assume responsibility for
the timeliness, deletion, mis-delivery or failure to store any user provided
content, communications, or personalization settings.
In order to use the Service, you must obtain access to the World Wide
Web, either directly or through devices that access web-based content, and pay
any service fees associated with such access. In addition, you must provide all
equipment necessary to make such connection to the World Wide Web, including a
computer and modem or other access device.
3. YOUR REGISTRATION OBLIGATIONS
Use of the Service may require you to register and obtain a password. In
return for our enabling you to use the Service, you agree to: (a) provide true,
accurate, current and complete information about yourself when necessary or as
prompted by the Service's registration form (such information being the
"Registration Data") and (b) maintain and promptly update the Registration Data
to keep it true, accurate, current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete, or we have reasonable
grounds to suspect that such information is untrue, inaccurate, not current or
incomplete, we have the right to suspend or terminate your account and refuse
any and all current or future use of the Service (or any portion thereof).
The Thoroughbred Daily News is a publication of Media Vista. Our postal
address is 27 Monmouth St., 2nd Floor Red Bank, NJ 07701 We can be reached via
e-mail at firstname.lastname@example.org
or you can reach us by telephone at (732) 747-8060 We collect information from
users during the registration process and, occasionally, at other times, including surveys. For
each visitor to our Web page, our Web server automatically recognizes the
user's IP address, but not the e-mail address (where possible). We collect the
IP address, but not the e-mail address of visitors to our Web page, the e-mail
addresses of those who communicate with us via e-mail, aggregate information on
what pages users access or visit, user-specific information on what pages
consumers access or visit, and information volunteered by the consumer, such as
survey information and/or site registrations. The individual user-specific
information we collect is used for internal review, to improve the content of
our Web page and is never shared with other organizations. We will share
aggregated demographic information with our partners and advertisers. This aggregated information is not linked to any personal information that can identify any individual person. On occasion, we will share user information with advertisers or potential advertisers, including the identity, use statistics and certain other information, except e-mail and physical addresses, concerning users.
what pages users access or visit, record past activity in order to provide
better service when visitors return to our site, and allow our subscribers
easier use of our site. We also employ cookie technology to help subscribers
move more quickly through our site. When a user signs on, we pass cookies to
that user's computer. A cookie is a string of information that's sent by a Web
site and stored on a hard drive or temporarily in a computer's memory. This
avoids the potentially time-consuming task of checking the registration
database each time a page is requested. With respect to Ad Servers: We do not
partner with or have special relationships with any ad server companies. All
advertising on the Web site is produced and provided in-house. If you do
not want to receive e-mail from us in the future, please let us know by sending
us e-mail at the above address. From time to time, we may use customer
information for new, unanticipated uses not previously disclosed in this
privacy notice. If our information practices change at some time in the future
we will post the policy changes to our Web site to notify you of these changes
and provide you with the ability to opt out of these new uses. If you are
concerned about how your information is used, you should check back at our Web
site periodically. Customers may prevent their information from being used for
purposes other than those for which it was originally collected by sending us
e-mail at the above address. Upon request we will provide site visitors with
access to their own unique identifier information (e.g., customer number or
password) that we maintain about them, or a description of information that we
maintain about them. Consumers can access this information by e-mailing us at
the above address. Consumers can have this information corrected by sending us
e-mail at the above address, calling us at the above telephone number, or
writing to us at the above address. With respect to security: We take every
precaution to protect our users' information. When users submit sensitive
information via the website, your information is protected both online and
off-line. We have appropriate security measures in place in our physical
facilities to protect against the loss, misuse or alteration of information
that we have collected from you at our site.
site, you signify your agreement to the terms and conditions of this Privacy
Policy. If you do not agree to these terms and conditions, please contact us at
the e-mail address or phone number above. We reserve the right, at our sole
discretion, to change, modify, add to, or remove portions of this policy at any
time. Please check this page periodically for any changes. Your continued use
of our Web site following the posting of any changes to these terms shall mean
that you have accepted those changes. If you have any questions or concerns,
please e-mail us at email@example.com. If you feel that this
site is not following its stated information policy, you may contact us at the
above addresses or phone number.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
When the particular service you use requires you to register as
described above, you will also receive a password and account designation upon
completing the Service's registration process. You are responsible for
maintaining the confidentiality of the password and account, and are fully
responsible for all activities that occur under your password or account. You
agree to (a) immediately notify TDN of any unauthorized use of your password or
account or any other breach of security, and (b) ensure that you exit from your
account at the end of each session. TDN cannot and will not be liable for any
loss or damage arising from your failure to comply with this Section.
6. TDNS RIGHTS AND REPRESENTATIONS
(a) TDN reserves the right to deny access to you or any group of users
to the Service, at its sole discretion, at any time. TDN also reserves the
right to remove any listings or other information or Content from the Service
at any time and at its sole discretion.
(b) TDN cannot and does not guarantee or warrant that files available
for downloading through the Service will be free of infection or viruses,
worms, Trojan horses or other code that manifest contaminating or destructive
properties. You are responsible for implementing sufficient procedures and
checkpoints to satisfy your particular requirements for accuracy of data input
and output, and for maintaining a means external to the Service for the
reconstruction of any lost data.
(c) TDN DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS
OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR
NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE, INFORMATION OR
SERVICE PROVIDED THROUGH THE SERVICE, OR ANY MERCHANTS LISTED ON THE SERVICE,
AND TDN SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR
INDIRECTLY FROM ANY SUCH TRANSACTION. TDN DOES NOT WARRANT THAT THE SERVICE
WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE
CORRECTED. THE SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. IN NO
EVENT WILL TDN (OR ITS DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, AGENTS,
REPRESENTATIVES, DISTRIBUTORS OR AFFILIATES) BE LIABLE FOR (I) ANY INCIDENTAL,
CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR
INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE OR
DOWNLOADED FROM THE SERVICE, EVEN IF TDN OR ITS AUTHORIZED REPRESENTATIVES HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE
TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE, INCLUDING WITHOUT
LIMITATION ANY DIRECTORY OR EVENT LISTINGS OR INFORMATION DOWNLOADED THROUGH
THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. IN SUCH STATES, TDN'S LIABILITY IS LIMITED TO THE GREATEST EXTENT
PERMITTED BY LAW.
7. MODIFICATIONS TO SERVICE
TDN reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof) with
or without notice. You agree that TDN shall not be liable to you or to any
third party for any modification, suspension or discontinuance of the Service.
You agree that TDN, in its sole discretion, may terminate your password,
account (or any part thereof) or use of the Service, and remove and discard any
Content within the Service, for any reason, including, without limitation, for
lack of use or if TDN believes that you have violated or acted inconsistently
with the letter or spirit of the SA. TDN may also in its sole discretion and at
any time discontinue providing the Service, or any part thereof, with or
without notice. You agree that any termination of your access to the Service
under any provision of this SA may be effected without prior notice, and
acknowledge and agree that TDN may immediately deactivate or delete your
account and all related information and files in your account and/or bar any
further access to such files or the Service. Further, you agree that TDN shall
not be liable to you or any third party for any termination of your access to
9. TDN'S PROPRIETARY RIGHTS AND IDEA SUBMISSIONS
You acknowledge and agree that the Service and any necessary software
used in connection with the Service ("Software") contain proprietary and
confidential information that is protected by applicable intellectual property
and other laws. You further acknowledge and agree that Content contained in
information presented to you through the Service is confidential non-public
information. Except as expressly authorized by TDN, you agree not to modify,
rent, lease, loan, sell, distribute or create derivative works based on the
Service, the Software or the Content, in whole or in part.
With regards to French racing video, you are prohibited from directly or indirectly durably storing, reproducing, representing or keeping all or a substantial qualitative or quantitative part of the Video Archive Services of PMU's INFOCENTRA (the "DATA") on any medium of any kind (paper, electronic, graphic medium or any other medium which may be invented) by any means and in any form whatsoever.
You undertake not to transmit or disclose the DATA either free of charge or for valuable consideration, to any third party.
The compilation of the Content is copyrighted under the United States
copyright laws. The owner of the copyright is TDN. TDN grants you a personal,
non-transferable, non-sublicenseable, and non-exclusive right and license to
print and download portions of the Content or other information found on the
Service solely for your own non-commercial use. Any other copying,
redistribution, retransmission, display or publication of any downloaded
information is strictly prohibited without the express written consent of TDN.
10. DISPUTE RESOLUTION
Any cause of action or claim you may have with respect to the Service
must be commenced within one year after the claim or cause of action arises or
such claim or cause of action is barred. ALL DISPUTES, CONTROVERSIES OR CLAIMS,
WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER
LEGAL THEORY, ARISING OUT OF OR RELATING TO THIS AGREEMENT AND THE SERVICE
("DISPUTES") SHALL BE SETTLED BY FINAL AND BINDING ARBITRATION CONDUCTED IN
MONMOUTH COUNTY, NEW JERSEY, BY A NEUTRAL ARBITRATOR, IN ACCORDANCE WITH THIS
AGREEMENT AND THE THEN CURRENT COMMERCIAL ARBITRATION RULES OF THE AMERICAN
ARBITRATION ASSOCIATION. The arbitrability of Disputes shall also be determined
by the arbitrator. Each party shall bear its own expenses, except that the
prevailing party may recover the filing costs and the expenses of the
arbitrator from the other party. Any award of the arbitrator shall be in
writing and shall state the reasons for the award. Judgment upon an award may
be entered in any Court having competent jurisdiction. The arbitrator shall not
have the power to order pre-hearing discovery of documents or the taking of
depositions, but may compel attendance of witnesses and the production of
documents at the hearing. The Federal Arbitration Act, 9 U.S.C. Sections 1 to
14, shall govern the interpretation and enforcement of this paragraph. The
foregoing notwithstanding, this agreement shall not prevent the parties from
seeking and obtaining temporary equitable remedies, including temporary
restraining orders, from a court with jurisdiction over the parties and the
subject matter. A request to a court for interim equitable relief shall not be
deemed a waiver of the obligation to arbitrate.
11. TRADEMARK NOTICES
TDN is a trademark and/or service marks of MediaVista, Inc. Other TDN
products, services and company names mentioned herein and or applicable Company
Web sites may be the trademarks and/or service works of TDN.
This Agreement shall all be governed and construed in accordance with
the laws of the State of New Jersey applicable to agreements made and to be
performed in New Jersey.
13. INFORMATION DISCLAIMER
Information as to races, race results and earnings was obtained from result charts,
Copyright (C) 2013, Daily Racing Form, Inc., All Rights Reserved, published in the Daily
Racing Form and utilized herein with permission of the copyright owner. While the
information contained herein is believed to be accurate, Bloodstock Research
Information Services, who provides information to TDN, will not be responsible for any error. No part of this work
covered by this copyright may be reproduced in any form or by any means without
written permission of the Daily Racing Form, Bloodstock Reasearch Information Systems, or Thoroughbred Daily News.
The above copyright and disclaimer applies to any inquiry run during any session on ThoroughbredDailyNews.com, or to
any information retrieved from our World Wide Web Site now or in the future. No part
of this inquiry may be reproduced in any form or by any means without written
permission of Bloodstock Research Information Services, Inc. or Thoroughbred Daily News.
TDN ADVERTISING TERMS & CONDITIONS
By placing or agreeing to place an advertisement in the Thoroughbred Daily News, Advertiser and the advertising agency agree with Thoroughbred Daily News (“TDN”) to the following terms and conditions:
1. Payment is due within 30 days of date of invoice. A 1.5% per month carrying charge will be added to delinquent accounts. In the event the account is turned over to an attorney or collection agency for collection, the reasonable cost of collection will be charged to the advertiser and the advertising agency, including without limitation attorney’s fees, collection agency fees, and court costs. Advertiser and advertising agency consent to the personal jurisdiction of the courts of the State of New Jersey in the event an action to collect a delinquent account is brought.
2. Insertion orders must specifically state magazine, issue(s) and space to be used. TDN will not be bound by any conditions appearing on or accompanying insertion orders, or copy instructions when such conditions conflict with or supplement the terms and conditions set forth herein and in the rate card, unless specifically agreed to in writing by TDN.
3. All advertisements are published upon the understanding that the advertiser and the advertising agency (if any) assume full and complete responsibility and liability for the content of all advertisements submitted for publication. Advertiser and the advertising agency warrant that all advertisements comply with all applicable federal and state laws and regulations. The advertiser and the advertising agency each represent and warrant that the advertisements will not contain any matter that is false, deceptive, misleading, obscene, disparaging or libelous, or that violates any person’s right of privacy or publicity, or infringes on any copyright, trademark or confidentiality right. TDN is not responsible for errors in typesetting or otherwise done by TDN. The advertiser and the advertising agency each agree to indemnify and hold harmless TDN and its employees and representatives from any and all loss, expense, or other liability, including attorney’s fees, arising from any claims based on a breach or alleged breach of the foregoing representations and warranties.
4. TDN reserves the right, in its sole discretion and without liability, to reject any advertising order for any reason at any time with or without notice to the advertiser or advertising agency, and regardless whether such advertising was previously accepted or published. TDN may, in its sole discretion, alter or reject any advertisement that contravenes its policies or that in its opinion is or may be false, misleading, disparaging, or may expose TDN to any claim or liability. TDN’s failure to exercise this right shall not relieve advertiser and advertising agency of their warranties and obligations under paragraph 3 above.
5. In the event an order is placed by an agency on behalf of the advertiser, such agency warrants and represents that it has full right and authority to place such order on behalf of the advertiser. The advertiser and its agency each agrees to be jointly and severally liable for TDN’s charge for each advertisement placed. Thus, TDN may recover its advertising charges from either the advertiser or the agency, regardless of the relationship between the advertiser and the agency and without regard to any contrary provision in any insertion order, purchase order, or other document.
6. In order to cancel a contract, TDN must be notified in writing. However, charges may apply in the event that sufficient notice is not given to allow the space to be resold; e.g. 24 hours for unique space (front page, etc.)