TheHorse.com Terms of Use

1. Definitions.

   TheHorse.com is interactive online service ("Website") operated by Blood-Horse Publications ("The Blood-Horse") consisting of information services and content provided by The Horse, its affiliates, and other third parties. "Subscriber" means each person who establishes or accesses a connection ("Account") for access to and use of the TheHorse.com Website.

2. General.

   1. This Agreement sets forth the terms and conditions that apply to use of TheHorse.com by Subscriber. By using TheHorse.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 TheHorse.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 screen name 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. Blood-Horse Publications shall have the right at any time to change or discontinue any aspect or feature of TheHorse.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.

3. Changed Terms.

   The Horse shall have the right at any time to change or modify the terms and conditions applicable to Subscriber's use of TheHorse.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 TheHorse.com, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of TheHorse.com by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.

4. Equipment.

   Subscriber shall be responsible for obtaining and maintaining all telephone and computer hardware, and other equipment needed for access to and use ofTheHorse.com, and all charges related thereto.

5. Subscriber Conduct.

   1. Subscriber shall use TheHorse.com for lawful purposes only. Subscriber shall not post or transmit through TheHorse.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 Horse's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber that in The Horse's discretion restricts or inhibits any other Subscriber from using or enjoying TheHorse.com will not be permitted. Subscriber shall not use TheHorse.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other online information services competitive withTheHorse.com.
   2. TheHorse.com contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of TheHorse.com are copyrighted as a collective work under the United States copyright laws. The 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 use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of The Horse and the copyright owner. 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 he/she does not acquire any ownership rights by downloading copyrighted material.
   3. Subscriber shall not upload, post, or otherwise make available on TheHorse.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 TheHorse.com, Subscriber automatically grants, or warrants that the owner of such material has expressly granted The 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 Horse the right to edit, copy, publish and distribute any material made available onTheHorse.com by Subscriber.

6. Disclaimer of Warranty; Limitation of Liability.

   1. SUBSCRIBER EXPRESSLY AGREES THAT USE OF TheHorse.com IS AT SUBSCRIBER'S SOLE RISK. NEITHER The Horse, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT TheHorse.com WILL BE UNINTERRUPTED OR ERROR- FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF TheHorse.com, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH TheHorse.com.
   2. TheHorse.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 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 Horse, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING TheHorse.com OR THE TheHorse.comSOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE TheHorse.com. SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON TheHorse.com.
   5. IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER The 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 TheHorse.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, OR 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.

7. Monitoring.

   The Horse shall have the right, but not the obligation, to monitor the content of TheHorse.com, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by The Horse and to satisfy any law, regulation, or authorized government request. The Horse shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on TheHorse.com. Without limiting the foregoing, The 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.

8. 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 TheHorse.com by Subscriber or Subscriber's Account.

9. Termination.

   Either The Horse or Subscriber may terminate this Agreement at any time. Without limiting the foregoing, The Horse shall have the right to immediately terminate Subscriber's Account in the event of any conduct by Subscriber which The Horse, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement.

10. Trademarks.

    The Horse, TheHorse.com, and their logos are trademarks of Blood-Horse Publications. All rights reserved. All other trademarks appearing on TheHorse.com are the property of their respective owners.

11. Third Party Content.

    The 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 TheHorse.com, are those of the respective author(s) or distributor(s) and not of The Horse. Neither The 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 TheHorse.com represents the opinions and judgments of the respective information provider, Subscriber, or other user not under contract with The Horse. The Horse neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made onTheHorse.com by anyone other than authorized The Horse employee spokespersons while acting in their official capacities. Under no circumstances will The Horse be liable for any loss or damage caused by a Subscriber's reliance on information obtained through TheHorse.com. It is the responsibility of Subscriber to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through TheHorse.com. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

12. Miscellaneous.

    This Agreement and any operating rules for TheHorse.com established by The 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.

13. Supplemental Terms: 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.