Terms of Use (Effective date: 01/23/2014)

The services offered by Thoroughbred Racing Commentary Ltd (“TRC”, “we”, “us”, or “our”) include the website (the “Site”), and all other features and content offered from time to time by TRC on or in connection with the Site (collectively, the “TRC Content”). TRC owns all right, title and interest in and to the Site and the TRC Content.

These Terms of Use (“Terms”) set forth the terms and conditions under which you may use the Site and the TRC Content. Please read the Terms carefully. Please do not use this Site or the TRC Content if you are not willing or unable to be bound by the Terms.

The Terms shall remain in full force and effect while you use the Site or the TRC Content. By using this Site or the TRC Content, you also accept and agree to be bound by our Privacy Policy, which is incorporated by reference into the Terms. Capitalized terms used but not defined in the Terms have the meanings given them in the Privacy Policy.

TRC may, in its sole discretion, revise the Terms at any time. TRC will use commercially reasonable efforts to notify you of any material changes to the Terms; however, you should visit this page periodically to review the Terms.

The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

I. User Eligibility

Use of the Site and the TRC Content is void where prohibited by law. The Site and the TRC Content are for personal, non-commercial use only. You must be 18 years or older and have the requisite power and authority to enter into the Terms. By using the Site or the TRC Content, you represent and warrant that: (i) all information you submit is truthful and accurate; (ii) you will maintain the accuracy of such information; (iii) you are 18 years of age or older; and (iv) your use of the Site or the TRC Content does not violate any applicable law or regulation.

II. Ownership

TRC is the owner or licensee of the TRC Content, the Site, and all information, text, data, databases, graphics, images, sound recordings, audio and visual clips, logos, software and other content on the Site and the collection, design, selection and arrangement thereof (collectively, the “Site Material”). The names, marks and logos appearing on the Site or in the TRC Content, unless otherwise noted, are trademarks owned by or licensed to TRC. When using this Site or the TRC Content, TRC requires you to respect the TRC’s intellectual property rights in the Site Material.

III. License

TRC hereby grants you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to view and download a single copy of the Site Material for your personal use only. This license does not give you any ownership or intellectual property interest in any Site Material. Other than as required to facilitate your permissible use, you may not reproduce, perform, create derivative works from, republish, upload, post, retransmit or redistribute in any way whatsoever any Site Material. Any alteration, modification, reproduction, redistribution, retransmission, redisplay or other use of any Site Material in any other manner or for any other purpose constitutes infringement of TRC’s intellectual property and other proprietary rights. Use of the Site Material on any other website or in a networked environment is prohibited. You agree to retain all copyright and other proprietary notices contained in the original Site Material on any copy you make of such Site Material. Your use of the Site is at your own risk. All rights not expressly granted to you under the Terms are reserved by TRC.

IV. User Accounts

You must create an account and provide certain information about yourself in order to use some areas of the Site. Your account is for your personal, non-commercial use only. Please provide complete and accurate information about yourself. You must not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. If you use a pseudonym, take care to note that others may still be able to identify you if, for example, you include identifying information in your reviews, use the same account information on other sites, or allow other sites to share information about you with TRC.

You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.

V. User Content

You acknowledge that if you send us creative suggestions, ideas, notes, drawings, concepts, inventions, images, graphics, pictures or other similar types of content (collectively, the “User Content”), you grant us a perpetual, irrevocable, worldwide, non-exclusive, fully transferable license to use your User Content. By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of your User Content. This license further includes the right to reformat the User Content, incorporate it into advertisements and other works, promote it, and allow others to do the same in connection with their own websites and media platforms (“Other Media”). You also irrevocably grant the users of the Site and any Other Media the right to access your User Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, against TRC and its users any claims and assertions of moral rights or attribution with respect to your User Content.

You are responsible for any User Content or communications you submit to the Site or the TRC Content and are responsible for any consequences resulting from such User Content or communications. Therefore, you agree that you will not submit material (i) that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to send it; (ii) that reveals trade secrets, unless you own them or have the permission of the owner to reveal them; (iii) that infringes on any intellectual property rights of others or on the privacy or publicity rights of others; (iv) that is obscene, profane, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another visitor or any other person or entity; (v) that contains sexually-explicit images; (vi) that includes advertisements or solicitations of business or other unwanted email or messages or spam. You further agree that you (i) will not submit chain letters or pyramid schemes; (ii) will not impersonate another person or entity; (iii) will not rant or overuse capital letters to make your point; and (iv) will not attempt to derail comment threads by posting on unrelated topics. Comments must be relevant to the article on which they are posted. Please refer to our commenting policy that can be found here.

You acknowledge and agree that TRC may, in its sole discretion, modify, delete, or refuse to use your User Content without notice to you or permission from you. TRC will not treat any User Content as confidential or proprietary, and will not return any User Content to you.

Despite the prohibitions in the Terms, TRC assumes no responsibility for monitoring the Site or the TRC Content for inappropriate User Content or conduct. If at any time TRC chooses, in its sole discretion, to monitor the Site or TRC Content, TRC nonetheless assumes no responsibility for such User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the visitor submitting any such User Content.

VI. Advertising

TRC and its licensees may publicly display advertisements and other information adjacent to or included with your User Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

VII. Prohibited Activities

The following is a partial list of activities that are illegal or prohibited on the Site and through your use of the TRC Content. Prohibited activity includes, but is not limited to:

1. criminal or tortious activity, harassment, stalking, spamming, sending of viruses or other harmful files;

2. covering or obscuring the banner advertisements on any page of the Site via HTML/CSS or any other means;

3. any automated use of the Site or the TRC Content, such as using scripts to add visitors or send comments or messages;

4. interfering with, disrupting, or creating an undue burden on the Site, the TRC Content or the networks or services connected to the TRC Content;

5. using any information obtained from the Site or the TRC Content in order to harass, abuse, or harm another person;

6. accepting payment or anything of value from a third person in exchange for your performing any commercial activity on the Site or through the TRC Content on behalf of that person; or

7. using the Site or the TRC Content in a manner inconsistent with applicable laws and regulations.

VIII. Infringement of Third Party Intellectual Property

TRC requires visitors to respect the intellectual property rights of others when using the Site or the TRC Content.

If you believe your copyrighted work has been submitted to the Site in a way that constitutes copyright infringement, please provide our designated Copyright Agent with your name, address, phone number, and email address, along with a statement that the infringing material is being used without consent. TRC’s designated Copyright Agent for notice of claims of copyright infringement can be reached as follows:

Charles Hayward
41-43 Maddox St
020 7493 6693

IX. Security of User Content

You alone are responsible for the User Content that you submit to the Site and any material or information that you transmit to other visitors. TRC assumes no responsibility for the use or misuse of any User Content you submit to the Site. TRC makes no warranties, express or implied, as to any User Content that may be displayed on the Site or to the accuracy and reliability of User Content or any material or information that you transmit to other visitors. While TRC has reasonable security measures in place, TRC cannot guarantee the security of your User Content.

X. Compliance With Laws

You agree to comply with all applicable local, state, national and international laws, rules and regulations, including without limitation, laws governing online conduct and the unlawful export of software or technical data to restricted individuals or countries.

XI. Communications With You

TRC may communicate with you via email or text message regarding your use of the Site or the TRC Content or your submission of personal information or User Content. You agree to receive emails and mobile communications from TRC, or its designee, necessary for the normal functioning of the Site or in connection with the TRC Content. You are responsible for all telecommunications charges relating to your use of the Site and the TRC Content, including but not limited to any charges for text messages that are sent to you by TRC.

XII. Limitation of Liability

You understand and agree that under no circumstances WILL TRC OR ANY OF ITS OFFICERS, MANAGERS, MEMBERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS, OR ANY THIRD PARTY PROVIDER OF DATA OR INFORMATION, be liable for any direct, indirect, special, consequential, incidental or punitive damages, (including without limitation damages resulting from lost data OR LOSS OF BUSINESS) resulting from the use or inability to use the Site, the Site Material, TRC Content, or the USER CONTENT, whether based on warranty, contract, tort, or any other legal theory, and whether or not TRC is advised of the possibility of such damages.

XIII. Disclaimer of Warranties

Although TRC strives for accuracy in all elements of the Site Material, it may contain inaccuracies or typographical errors. TRC makes no representations about the accuracy, reliability, completeness, or timeliness of the Site Material or about the results to be obtained from using or relying on the Site Material. TRC does not warrant that: (i) the Site will operate error-free; (ii) the Site and its web servers are free of computer viruses, worms or other harmful material; (iii) the quality of any products, services, information or other material obtained by you through the Site or in connection with the TRC Content will meet your expectations; or (iv) the Site will operate in perpetuity. You use the site material at Your own risk.

TRC is not responsible for the violation of the Terms by visitors, or for the reliance by visitors upon false or misleading information submitted by other visitors. TRC is not responsible for the conduct, whether online or offline, of any user of the Site Material.

The Site may contain links to third party websites. TRC is not responsible for the content or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by TRC. Inclusion of any linked third party website on the Site does not imply approval or endorsement by TRC. When you access these third-party WEBsites, you do so at your own risk AND BECOME SUBJECT TO THE TERMS OF USE AND PRIVACY POLICIES OF THOSE THIRD-PARTY WEBSITES. TRC MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE THIRD-PARTY SITES.


XIV. Indemnity

By using the Site, you agree to defend, indemnify, and hold harmless TRC, its officers, directors, employees and agents, from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that TRC may become obligated to pay arising or resulting from your use of the Site Material, your submission of User Content, or your breach of the Terms. TRC reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.

XV. Governing Law

The Terms are governed by the laws of the State of New York, without regard to its conflict of laws principles. You agree to submit to the jurisdiction of the courts situated in New York with respect to any dispute, disagreement, or cause of action related to or involving the Site Material or the User Content.

XVI. General Provisions

TRC’s failure to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it or any other provision at a later time.

You may not assign your rights or delegate your duties under the Terms without the prior written consent of TRC. TRC may assign its rights and obligations under the Terms to any party at any time, without notice to you.

If any provision of the Terms is held to be invalid, illegal or unenforceable for any reason, such invalidity, illegality or unenforceability shall not affect any other provision of the Terms, and the Terms shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.

Except as expressly provided elsewhere on the Site, the Terms and the Privacy Policy constitute the entire agreement between you and TRC with respect to your use of the Site Material.

XVII. Owner Name and Address

This website is owned and operated by TRC Ltd.

41-43 Maddox St