PLEASE READ THESE TERMS AND CONDITIONS OF USE (“TERMS”) CAREFULLY. BY ACCESSING THIS WEBSITE AND ANY PAGES OR MATERIALS CONTAINED IN THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS SET FORTH BELOW, PLEASE DO NOT ACCESS THIS WEBSITE, OR ANY ASSOCIATED PAGES OR MATERIALS.
This Website (the “Site”) with a home page at http://www.horseracingnation.com is owned and operated by Immerse!, LLC. (“IMMERSE!”). The pages and materials contained on this Site are the property of IMMERSE! or are owned by a third-party and are used by IMMERSE! under license. IMMERSE! reserves the right at its sole discretion to change, modify, add, or remove any portion of this Site or these Terms, in whole or in part, at any time and for any reason. Changes to these Terms will be effective upon posting. You agree to review these Terms periodically to be aware of any changes. Your continued use of this Site after any changes to the Terms will be considered acceptance of those changes. These Terms govern your use of this Site. In the event that you do not comply with these Terms, IMMERSE! may, its sole discretion and without notice, block or restrict your access to this Site and/or pursue legal action against you for any alleged or actual violation of these Terms or governing law.
INDEMNITY AND LIMITATIONS OF DAMAGES
You agree to fully indemnify, defend and hold harmless IMMERSE!, its officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Site against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of the Site violates these Terms, any applicable law or regulation, or the rights of any third-party.
In no event shall IMMERSE! or any of its officers, directors, members, shareholders, subsidiaries, or employees be liable to any entity for any direct, indirect, special, consequential or other damages (including, without limitation, any lost profits, business interruption, loss of information or programs or other data on your information handling system) that are related to the use of, or the inability to use, the content, materials, and functions of the site or any linked website, even if IMMERSE! is expressly advised of the possibility of such damages.
Any person is hereby authorized to view the information available on the Site for noncommercial informational purposes only. However, the text, images, music, video and other materials resident on this Site may not otherwise be copied, modified, distributed, reproduced or reused without the express written permission of IMMERSE! or otherwise permitted herein.
You acknowledge and agree that all materials contained on or at the Websites are proprietary and constitute valuable copyright, trademark and other intellectual property rights owned by IMMERSE! or others who have licensed or authorized use of such materials to IMMERSE!. You acknowledge and agree that as such you may only access, view, download, receive and otherwise use the materials available at the Websites only as authorized by IMMERSE! as stated herein.
You acknowledge that you understand that IMMERSE! does not authorize access to any part of the Websites or its network servers or databases in any manner contrary to the express provisions of this Agreement.
POSTING CONTENT TO THE SITE
You agree and acknowledge that you will only post or upload Content, including but not limited to information, photos, text, pictures, illustrations, data, etc. (“Content”) to the Site that you are the sole and exclusive copyright owner of. You agree and acknowledge that you are over the age of 18 years of age and that you have the legal right to publish the Content to the Site. You warrant and represent that You own or control 100% of the Content that You post or upload (or cause to be posted or uploaded) to the Site. You further agree that you have the legal right to license the Content to IMMERSE! according to the terms as stated herein.
You agree and do hereby grant IMMERSE! an unrestricted right and perpetual license to use the Content and to license, sub-license, assign, and sub-assign the right to use the Content to any third-party at any time for any reason and in any medium. The rights granted to IMMERSE! herein include the unrestricted right to reproduce, distribute, make derivative works from, publicly display and publicly perform any and all such Content throughout the Universe and in any medium or format now known or later discovered.
You warrant and represent that you have the full right, power, and authority to grant all rights granted herein, and that said rights are not under nor will be under, any disability, restriction or prohibition. You further warrant and represent that there shall be no liens, claims or other interests which may interfere with, impair or be in derogation of the rights granted herein.
You warrant and represent that neither IMMERSE! nor any other party shall be required to make any payment of any nature for, or in connection with, the acquisition, exercise or exploitation of any right granted pursuant to this Agreement;
You warrant and represent that neither any portion of the Content nor any other material supplied by You to the Site will violate or infringe upon any common law or statutory right of any person, firm or corporation including, without limitation, contractual rights, copyrights, moral rights, trademarks, trade secrets, and rights of privacy.
You warrant and represent that neither any portion of the Content nor any other material supplied by You to the Site will be considered indecent, obscene, pornographic, offensive, or otherwise objectionable Content. You agree that you will not provide any false, misleading, or inaccurate information to the Site and IMMERSE!
You hereby agree to indemnify IMMERSE!, and its successors, distributors, sub-distributors, licensees, and assigns, and any respective officers, directors, members, agents and employees of each of the foregoing, from and against any claims contrary to this agreement and any damages, liabilities, costs and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with any claim, demand or action inconsistent with this Agreement or any warranty, representation or agreement made by You herein.
LINKING TO THE SITE
If you link to IMMERSE!’s Site, you agree that you:
Will not copy or otherwise replicate any IMMERSE! Site content;
Will not frame or otherwise create a browser or border environment around IMMERSE! Site content;
Will not imply that IMMERSE! is endorsing you, your company or business, your web site or its contents, your products, or your services;
Will not misrepresent your or your website’s relationship with IMMERSE!;
Will not present false, misleading or inaccurate information about IMMERSE!, IMMERSE!’s products or services, or any of IMMERSE!’s affiliates or their products or services;
Will not use IMMERSE!’s trademarks, logos, or copyrighted materials without first receiving express prior written permission from IMMERSE!.
Will not link to an internal page of this Site that is located one or several levels down from the home page or bring up or present content of this site on another site without IMMERSE!’s prior written permission.
IMMERSE! grants you a non-exclusive, non-transferable, limited right to access, use and display this Site and the materials thereon; provided, however, that you comply with these Terms [see PERMITTED USE]. You agree not to disrupt, interrupt or attempt to interrupt the operation of the site in any way. You agree not to change or delete any proprietary notice or watermark from materials downloaded from the Site. You agree to comply with all trademark, copyright and other intellectual property laws worldwide in your use of this Site and to prevent any unauthorized copying of the materials and information contained on this Site. Except as expressly provided herein, IMMERSE! does not grant any express or implied right to you regarding any patents, trademarks, copyrights or trade secret information [see INTELLECTUAL PROPERTY].
IMMERSE! CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THIS SITE WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL CODE THAT CAN MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA AND OUTPUT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE.
THE MATERIALS AND INFORMATION CONTAINED ON THIS SITE MAY CONTAIN FACTUAL OR TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS. IMMERSE! DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. IMMERSE! RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. IMMERSE! MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE. HOWEVER IMMERSE! IS UNDER NO OBLIGATION AT ANY TIME TO MAKE ANY CHANGES OR CORRECTIONS TO ANY INFORMATION ON THE SITE.
THIS SITE AND THE INFORMATION AND MATERIALS ON THE SITE ARE PROVIDED “AS IS” AND IMMERSE! DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER INCLUDING, WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH REGARD TO THE SITE, ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE SITE AND IMMERSE! SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Some links on this Site may cause you to leave the IMMERSE! Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. IMMERSE! does not control the linked sites and is not responsible for their contents. These links are provided to you for your convenience and the inclusion of the link does not imply endorsement of the site by IMMERSE!. IMMERSE! makes no warranty or representation regarding any linked sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that IMMERSE! is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of IMMERSE! or any of its affiliates or subsidiaries.
The trademarks, trade names, logos, service marks, trade dress and products (collectively the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of IMMERSE! and others. The trademarks, trade names, logos, service marks, trade dress and products in this Site are protected in the United States and internationally.
Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of IMMERSE! or such third-party that may own the Trademarks displayed on the Site. Your use of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms, is strictly prohibited. You are also advised that IMMERSE! will aggressively enforce its intellectual property rights to the fullest extent of the law.
The materials of this Site are protected by Copyright and Trademark Laws of the United States of America and other countries and are owned by, or licensed to IMMERSE!. All content of this Site is owned, licensed, or controlled by IMMERSE!. You may download content only for your personal use for non-commercial purposes but no modification or further reproduction of the content is permitted. The contents of the Site, including any images, text, executable code, and layout design may not be distributed, reproduced, publicly displayed, downloaded, modified, reused, re-posted, or otherwise used except as provided herein without the express prior written permission of IMMERSE!.
You may download material displayed on the Site for personal, noncommercial use only provided you also retain all copyright and other proprietary, attribution and watermark notices contained on the materials. You may not, for any reason, distribute, modify, duplicate, transmit, reuse, re-post, or use the content of the Site for public or commercial purposes, including the text, images, audio, music, and video without IMMERSE!’S prior written consent [See PERMITTED USE].
© Copyright 2009 IMMERSE!, LLC. All rights reserved. Copyright in the pages of this website and in the screens displaying the pages, and in the material contained therein and in their arrangement, is owned by IMMERSE! and/or its affiliates, unless otherwise indicated. In addition, the materials contained on this web site may be IMMERSE! Proprietary and/or Trade Secret information and may not be copied, compiled, or distributed without the prior written consent of IMMERSE!, except as provided herein.
DMCA DESIGNATED COPYRIGHT AGENT
IMMERSE! deals with alleged copyright violations on its websites in accordance with the policies and procedures stated herein and pursuant to the United States Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (DMCA) of 1998 (17 USC Section 512). Therefore IMMERSE! removes allegedly infringing content under any valid DMCA notification or court order.
Complaints, Notices and Counter-Notices of alleged infringement pursuant to the DMCA should be sent to:
Attn: DMCA Copyright Agent
Any person who knowingly and materially misrepresents that activity or content is infringing can be subject to legal liability under the DMCA and other applicable laws.
IMMERSE! or its affiliates may provide copies of any copyright notices or counter-notices to the participants in the dispute or to any other third-parties in IMMERSE!’s sole discretion and as may be required by law. You are encouraged to consult legal counsel prior to filing a DMCA notification to meet the legal requirements for filing a claim.
We may collect the domain name and e-mail address of visitors to our Websites, the e-mail addresses of those who communicate with us via e-mail, aggregate information on what pages consumers access or visit, name and address, telephone number, and payment information (e.g., credit card number and billing address).
The information we collect is used for internal review and to improve the content of our Websites, to customize the content and/or layout of our Site for each individual visitor, to provide marketing information and may be shared with other reputable organizations for marketing purposes. If you do not want to receive e-mail from us in the future, please let us know by writing to us at the email address email@example.com
From time to time, only for customers who have opted in to receive third-party offers, we make our customer list available to affiliate organizations whose products or services we think you might find interesting. If you do not want us to share your name, phone number, postal, or e-mail address with other companies or organizations, please let us know by writing to us at the above email address.
Upon request we offer visitors the ability to have inaccuracies corrected in contact information, financial information, transaction information. Consumers can have this information corrected by writing to us at the above address.
With respect to security: 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. Notwithstanding the foregoing, IMMERSE! makes no warranty regarding security or protection of personal or other data.
This Site is operated and administered from within the United States of America. Use of this Site shall be governed by all applicable Federal laws of the United States of America and the laws of the State of Delaware, without giving effect to its conflict of laws provisions. You agree to submit to the exclusive jurisdiction of the courts located in Delaware for the resolution of all disputes arising from or related to these Terms and/or your use of the Site and any of its Materials.
These Terms constitute the entire agreement between IMMERSE! and you (the “Agreement”) with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Terms, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.