Terms and Conditions
IN ORDER TO USE THE SERVICES OFFERED ON THIS SITE, YOU ARE REQUIRED TO AGREE TO ABIDE BY THESE TERMS AND CONDITIONS. YOUR CONFIRMATION OF YOUR AGREEMENT TO THESE TERMS AND CONDITIONS IS EVIDENCED BY YOUR CONTINUED USE OF THE SITE OR YOUR OPENING AN ACCOUNT THROUGH THIS SITE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, THEN DO NOT OPEN AN ACCOUNT AND CEASE USING THIS SITE. THESE TERMS AND CONDITIONS DEFINE IMPORTANT LEGAL RIGHTS AND OBLIGATIONS, PLEASE READ THEM CAREFULLY. YOU SHOULD ALSO PRINT OUT A COPY OF THESE TERMS AND CONDITIONS FOR YOUR RECORDS.
The following words, when capitalized, shall have the following meanings:
a. "Agreement" shall mean these terms of service.
b. "Racing Day" shall mean all their affiliated companies, subsidiaries, agents, directors, and employees.
c. "Racing Day Site" shall mean the web site, including all content and services, provided through the domain name www.racingday.com.
d. "Site Operator" shall mean Racing Day and all officers, directors, owners, agents, information providers, affiliates, employees, directors, affiliated companies.
e. "Site Operators" shall mean Racing Day along with its affiliates and subsidiaries and all officers, directors, owners, agents, information providers, affiliates, employees, directors, affiliated companies.
2. OPENING AND MAINTAINING YOUR ACCOUNT
a. PROVIDING PERSONAL INFORMATION, FUNDING YOUR ACCOUNT
All transactions are processed using highly-secure 128-bit encryption (SSL) to protect the integrity of the data.
b. CURRENT INFORMATION REQUIREMENTS
You acknowledge and agree that it is your responsibility to maintain the accuracy of your personal information on record for your account, including, but not limited to, your address, telephone number, e-mail address. You acknowledge and agree that you are aware that you can maintain such information by clicking on links and/or buttons on the Racing Day Site entitled "Member Services". You acknowledge and agree that you will use your best efforts to keep all personal information on record for your account up to date, including, but not limited to, your address, telephone number, e-mail address. You acknowledge and agree that you shall use your best efforts to ensure that your participation on the Racing Day Site remain legal consistent with the provisions set forth in section 6.1 of this Agreement. You acknowledge and agree that you shall not use any technology that would impair the monitoring of your activities on the Racing Day pursuant to section 5.2 of this Agreement.
c. YOUR REPSONSIBILITIES IN PROTECTING YOUR ACCOUNT
When opening your account you will be requested to choose your own username, password, and personal identification number ("PIN"). You acknowledge and agree that you shall keep the username, password and PIN that you selected confidential and safe from others. You agree that you shall not reveal or post your username, password and PIN to any other person, organization, corporation, chat group, web site, news group, any other entity or any other service. You acknowledge and agree that you are responsible for all transactions that are performed using your account. This means that if you do not keep your username, password and PIN secret and someone else accesses and uses your account, you are still responsible for such transactions. If you forget your username, password or PIN, or if you believe someone else knows your username, password and pin, then contact customer service so that new security information can be generated for your account.
d. AGREEMENT TO PAY
You acknowledge and agree that you are personally responsible for and shall pay your credit card company for any and all purchases you make on your account.
e. REFUNDS FOR SUBSCRIPTIONS
Members who purchase a monthly, quarterly or yearly live video or video replay subscription plan do have the option to cancel the subscription prior to its expiration date and are entitled to a pro-rated refund of the remainder of the subscription duration. Member needs to to contact Customer Service via email or Contact form indicating the date the subscription started and how many days are remaining to expiration. Racing Day will then refund the member the pro-rated amount of time remaining on the subscription plan purchased.
3. WEBSITE BEHAVIOR
a. CREDIT CARD FRAUD
You acknowledge and agree that any attempt to defraud Racing Day Site or commit fraud through the Racing Day Site through the use of credit cards or any other form of payment, regardless of the outcome, or any failure by you to honor charges or requests for payment will result in immediate termination of your account, civil and/or criminal prosecution and may, applicable laws permitting, lead to a forfeiture of all winnings to which you may otherwise be entitled in addition to attorneys fees and other costs. You acknowledge and agree that the Site Operators, their shareholders, directors, officers, employees and agents are not liable for the unauthorized use of your credit card.
b. PAYING FOR YOUR DAMAGE
You agree to indemnify, hold harmless and defend the Site Operators, their shareholders, directors, officers, employees, affiliates and agents from and against any action, cause, claim, damages, debt, demand or liability, including attorney's fees, asserted by any third-party, governmental body or governmental agency, arising out of or relating to:
(a) this Agreement;
(b) your use of the Racing Day Site, including any data or work transmitted or received by you or any service provider;
(c) your connection to the Racing Day Site;
(d) Your violation of any terms of this Agreement;
(e) your violation of any gaming regulations, edicts or laws to which you are subject; or
(f) your violation of any rights of a third party or service provider. You acknowledge and agree that you shall cooperate as fully as reasonably required in the defense of any claim. Each Site Operator reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
4. OTHER SITES AND OTHER AGREEMENTS
a. OTHER SITES
You acknowledge and understand that the Racing Day site contains links to other related World Wide Web Internet sites, resources and sponsors of the Racing Day site. You acknowledge and understand that the selection of an ad banner or link redirects User off of the Racing Day site to a third party site. You acknowledge and agree that transactions that occur between you and the third party are strictly between you and the third party and are not the responsibility of Racing Day. You acknowledge and agree that Racing Day and the Site Operators and affiliates are not responsible for the availability of these outside resources or their contents. You acknowledge and agree that you shall direct any concerns regarding any external link to its site administrator or Webmaster.
You acknowledge and agree that you have read and understand the privacy policies posted on or available through the Racing Day Site and that they are agreeable to you.
You acknowledge and agree that you have read and understand the legal notices and terms and conditions on or available through the Racing Day Site and that they are agreeable to you.
5. LEGALITY OF USAGE
a. LEGAL PARTICIPATION
You acknowledge and agree that you are subject to all laws of the country, state, province, prefecture, city, county and any other political and/or legal entity in which you reside and from which you accesses the Racing Day Site, and that you are solely responsible for obeying those laws. You agree that neither the Site Operators, or their officers, directors, employees, agents and affiliated companies cannot and shall not be held liable if you violate the laws applicable to you that restrict or prohibit your participation. You acknowledge and agree that none of the Site Operators, or their officers, directors, employees, agents or their affiliated companies make any representations or warranties, implicit or explicit, as to your legal right to participate in any services offered on the Racing Day Site nor shall any person affiliated, or claiming affiliation, with the Site Operators have authority to make any such representations or warranties.
The Site Operators reserve the right to monitor the location from which you access the Racing Day Site and to block access from any jurisdiction, or any jurisdiction in which participation may, in the sole discretion of the Site Operators, be illegal or restricted. The Site Operators may require any participant receiving winnings to provide proof that he or she is eligible to participate.
6. CONTENT AND USER SUBMISSIONS
a. CONTENT USE
You acknowledge and agree that contents of Racing Day Site are for the personal, noncommercial use of the users of the Racing Day Site. You understand acknowledge and agree that all materials published on the Racing Day Site (including, but not limited to, audio clips, video clips, animations, graphics, digital photographs, illustrations, text and layouts, collectively known as the "Content") are protected internationally by copyright and other intellectual property laws, and are owned or controlled by Racing Day or the party credited for an individual instance of Content, software or other materials. You acknowledge and agree that you shall not violate the copyrights of Racing Day or other Content providers to the Racing Day Site, and that you shall abide by any additional information or restrictions appearing in conjunction with any Content on the Racing Day Site.
The Racing Day Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. Except as set forth in this Agreement, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this section of this Agreement), create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, materials or Racing Day Site in whole or in part.
You may download or copy the Content and other downloadable items displayed on this Service for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such Content. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from the Rights and Permissions Department, or the copyright holder identified in the individual Content's proprietary notices including copyright notice. i.Notwithstanding the provisions of section 6c above, live video and video replay streams may not be saved to your computer for replay, reproduction, duplication, or distribution at a later time. Account usage, which the Site Operators suspect to be consistent with the downloading and saving of video Content, is prohibited and may result in immediate termination of the account and forfeiture of any subscription fees paid by the account holder.
d. STREAMING VIDEO
You understand, acknowledge and agree that streaming video content is not "real-time" and should not be relied upon for making wagering decisions. You understand, acknowledge and agree there are inherent delays in the delivery of video images and sound from the source track to your browser, including, but not limited to transmission over satellites, encoding, broadcast over Internet networks and decoding on your computer; all steps which cannot be influenced, nor controlled, by Racing Day or our video providers.
7. FORUMS, WEB LOGS ("BLOGS") AND DISCUSSIONS
a. UPLOADS, POSTINGS AND COMMUNICATIONS
i.You acknowledge and agree that you shall not upload to, or distribute or otherwise publish through, the Racing Day Site any Content that:
(1) could violate, plagiarize or infringe upon the rights of any third party, including copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; or
(2) contains libelous or otherwise unlawful material;
(3) constitutes false or misleading indications of origin or statements of fact;
(4) contains slander, libel or defames any person or entity;
(5) causes injury of any kind to any person or entity; or
(6) violates any applicable laws, rules, regulations or other governmental regulations. Please use your best judgment and be respectful of other individuals using the forums and blogs. You acknowledge and agree that you shall not use vulgar, abusive or hateful language. Forums and blogs within the Racing Day Site and services on the Racing Day Site are provided to give users of the Racing Day Site an interesting and stimulating forum in which they may express their opinions and share their ideas. You acknowledge and agree that neither Racing Day nor it's officers, directors, employees, agents and affiliated companies endorse the opinions placed on these bulletin boards. You acknowledge that any submissions you contribute (e.g. Letter to the Editor, Review or Commentary) may be edited, removed, modified, published, transmitted and displayed by Racing Day or their officers, directors, employees, agents and affiliated companies. In addition, you warrant that all moral rights in any uploaded materials have been waived and are hereby waived.
ii.You represent, warrant and covenant that no materials of any kind submitted by you or Racing Day's use thereof in accordance with the terms and conditions of this Agreement, will
(1) violate, plagiarize or infringe upon the rights of any third party, including copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; or
(2) contain libelous or otherwise unlawful material;
(3) constitute false or misleading indications of origin or statements of fact;
(4) slander, libel or defame any person or entity;
(5) cause injury of any kind to any person or entity; or
(6) violate any applicable laws, rules, regulations or other governmental regulations.
b. IDEA SUBMISSION
The forums shall be used only in a noncommercial manner. User shall not, without the express approval of Racing Day, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services, or to promote Web sites or online services which are competitive with Racing Day and the Racing Day Site. You agree that you will not submit any ideas for stories, features, designs, scripts, merchandise or publication of any type. You acknowledge and agree that, to the extent you breach your agreement not to submit ideas for stories, features, designs, scripts, merchandise or publication of any type, that you have no expectation of compensation, acknowledgement, credit or attribution. You also acknowledge and agree that if any stories, features, designs, scripts, merchandise or publication of any type appear in any Racing Day web site, print materials, video materials, broadcast materials or other Racing Day associated media, that are similar to a submission that you have made, that you hereby and forever disclaim any right in such stories, features, designs, scripts, merchandise or publication of any type.
c. YOUR MESSAGES
While the Site Operators do not and cannot review every message posted by you and other users in the forums and other communications media on the Racing Day Site, and the Site Operators are not responsible for any content of these messages, the Site Operators reserve the right to delete, move or edit messages that it, in its sole discretion, deems are in violation of the law (including trademark and copyright law), or this Agreement, or are abusive, defamatory, obscene or otherwise unacceptable. You shall remain solely responsible for the content of your messages.
8. DISCLAIMER OF WARRANTIES
a. RACING DAY NEITHER REPRESENTS NOR ENDORSES THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE RACING DAY SITE BY YOU, ANY OTHER USER, INFORMATION PROVIDER OR ANY OTHER PERSON OR ENTITY.
b. YOUR USE OF THE RACING DAY SITE SERVICES IS AT YOUR SOLE RISK. THE SERVICES, CONTENT AND ANY MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RACING DAY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
c. RACING DAY AND THE SITE OPERATORS MAKE NO WARRANTY THAT
(1) THE SERVICES WILL MEET YOUR REQUIREMENTS,
(2) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE BEYOND THOSE REQUIRED BY RELEVANT GAMING AUTHORITIES,
(4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND
(5) ANY ERRORS IN ANY SOFTWARE WILL BE CORRECTED.
d. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
e. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RACING DAY, THE SITE OPERATORS, THE RACING DAY SITE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
9. LIMITATIONS ON LIABILITY
a. YOU EXPRESSLY UNDERSTAND AND AGREE THAT RACING DAY, THE SITE OPERATORS AND THEIR DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS AND AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXPECTANCY, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ANY OF THE ABOVE ENTITIES OR INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(1) THE USE OR THE INABILITY TO USE THE SERVICE OR ANY PORTION THEREOF;
(2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE RACING DAY SITE;
(3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE RACING DAY SITE; OR
(5) ANY OTHER MATTER RELATING TO THE RACING DAY SITE.
b. TO THE EXTENT ALLOWABLE BY ALL APPLICABLE LAWS, NEITHER RACING DAY, THE SITE OPERATORS AND THEIR DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS AND AFFILIATES SHALL BE LIABLE FOR PAYING ANY WINNINGS THAT, IN EITHER RACING DAY, THE SITE OPERATORS AND THEIR DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS AND AFFILIATES SOLE DISCRETION, ARE REASONABLY DETERMINED TO BE A RESULT OF ANY SYSTEM ERROR OR YOUR CHEATING.
a. Any one of the Site Operators may, in its sole discretion, terminate or suspend your access to all or part of the Racing Day Site for any reason, including, without limitation, breach of this Agreement.
b. You acknowledge that site administrators have the right to terminate your use without notice if they believe, in the site administrators' sole and absolute discretion, that you have engaged in any act that restricts, inhibits or disrupts any Racing Day event or attempts to alter or improperly access any feature or function of the Racing Day Site. Your access may also be subject to termination if you post or transmit any illegal content; harass or threaten any Racing Day Site user or Racing Day employee; post content (including the creation of usernames) that is offensive or otherwise disruptive of the activities of the Racing Day Site; post unsolicited advertising; or improperly impersonate a Racing Day employee or other individual.
11. RESOLVING DISPUTES AND GOVERNING LAW
This Agreement is governed by the laws of Nevada without regard to its conflict of laws principles.
The availability of providing services through the Racing Day Site to you is made possible in part by your agreement to the following dispute resolution procedures, that you agree will be the sole dispute resolution procedures for any cause of action you may have or believe you may have against Racing Day, the Site Operators or their shareholders, directors, officers, employees and agents for claims that are in any way related to or arise from your use of Racing Day Site, the functionality of The Racing Day Site or any other claim that you believe you may have against Racing Day, the Site Operators or their shareholders, directors, officers, employees or agents that may be related to your use of the Racing Day Site:
i. INITIAL DISPUTE/CLAIM NOTICE - you shall provide the Site Operators with detailed notice that you believe you have a claim against Racing Day, the Site Operators or their shareholders, directors, officers, employees and agents, such notice shall include the factual and legal basis for any and all claims. The Site Operators in their sole discretion may choose to resolve the issue within ninety (90) days of receiving notice by contacting you to work out an amicable solution.
c. BINDING ARBITRATION
If no amicable solution to your claim has been made within ninety (90) days of your submitting your detailed notice of claims against Racing Day, the Site Operators or their shareholders, directors, officers, employees or agents, then any controversy or claim arising out of or relating to this Agreement, any claim of breach of the this Agreement, or claim related to Racing Day Site shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be Las Vegas, Nevada.
d. PARTIAL INVALIDITY
If any term, provision, covenant or condition of this Agreement, or any application thereof, should be held by a court of competent jurisdiction to be invalid, void or unenforceable, all provisions, covenants, and conditions of this Agreement, and all applications thereof, not held invalid, void or unenforceable, shall continue in full force and effect and shall in no way be affected, impaired or invalidated thereby, and the provisions, covenants or conditions held to be invalid, void or unenforceable shall be reformed by such court of competent jurisdiction in a manner that is valid, not void and enforceable and in such a fashion to as nearly effectuate the intent of Racing Day and the Site Operators and you as evident with respect to the provisions, covenants or conditions that were held invalid, void or unenforceable.
e. FAILURE TO ENFORCE
The failure of Racing Day, the Site Operators, or their shareholders, directors, officers, employees and agents to enforce, in any one or more instances, any of the terms or conditions of this Agreement shall not be construed as a waiver of the future performance of any such term or condition.
You acknowledge and agree that all notices regarding disputes you have related in anyway to the Racing Day Site or your use of the Racing Day Site shall be sent to the following address: firstname.lastname@example.org
g. PROOF OF ASSENT
You acknowledge and agree that you have had the opportunity to review and maintain a copy of this Agreement. You acknowledge and agree that you have had the opportunity to seek legal counsel to offer a professional opinion as to the impact and interpretation of this Agreement, even if you chose not to seek professional legal counsel. You acknowledge and agree that by opening an account that you are assenting to the terms and conditions of this Agreement. You acknowledge and agree that each time you access the Racing Day Site you are again confirming your assent to be bound to this Agreement.