Registering with RaceClubs.com™ and/or participating
in any race (or activity) on RaceClubs.com™ indicates that you
have read and accepted that you are bound by the (“Terms and Conditions”)
that follow.
| 1.1 |
RaceClubs.com
™ operates a Game which is accessible via a website. The Game affords
members the opportunity to buy "virtual horses", to train them,
and to race them to win. |
| 1.2 |
RaceClubs.com
™ members can take part in the Game in various ways by, inter alia,
buying horses, training horses, claiming horses, auctioning horses, entering
horses in races and otherwise participating in the community of members.
|
| 1.3 |
The Game requires application of your
skill to achieve success in racing and stable management, together with
a small element of chance that simulates environmental factors in real
racing.
The Services incorporate activities which are skill-based contests or
tournaments for prizes, which may include cash. The results of all contests
or races depend on participation and the strategy and skill applied by
the participants; odds of success are therefore not available. |
| 1.4 |
RaceClubs.com
™ may amend these Terms and Conditions at any time. Your continued
use of the ™Web Site, and specifically the act of login to the Web Site, signifies
your acceptance of the current version of the Terms and Conditions. You
are responsible for periodically reviewing the Terms and Conditions at
your discretion. |
| |
| The following words and/or phrases shall have the corresponding
meanings given below: |
| 2.1 |
| "
RaceClubs.com
" |
means
RaceClubs.com
™ and the legal entity that owns the site operations. |
|
| 2.2 |
| "Member" |
means an individual registered
with
RaceClubs.com
™ to partake in the Game. |
|
| 2.3 |
| "e-mail" |
means electronic mail sent or received
via the Internet. |
|
| 2.4 |
| " Game" |
means game offered on
RaceClubs.com
™ where Members can buy virtual horses, train their horses,
enter their horses in races and sell their horses, in accordance
with the rules and regulations of the services offered on the Web
Site. |
|
| 2.5 |
| "Web Site" |
means the Web Site hosted by
RaceClubs.com
™ on the Internet for operating the Game. |
|
| 2.6 |
| "Registration Information" |
means information required by
RaceClubs.com
™ to register a member. The information required appears on
a register page of the Web Site. |
|
| 2.7 |
| "Services" |
shall mean services offered to
Members on the
™Web Site such as, without limitation, owning your own virtual
horse, entering your horse in races, veterinarian services, providing
your horse with feed supplements, buying and/or using alumites and/or
blinkers, selling your horse in Claiming races or Auctions, or participating
in any element of the Game. |
|
| 2.8 |
Headings in these Terms and Conditions
are used for convenience only and shall not be used in the interpretation
thereof. |
| 2.9 |
In this agreement the singular shall
include the plural and visa versa. |
| |
| 3.1 |
Only members can partake in the Game.
Registration on the Web Site is required to become a member. By registering
as a member you consent to the use by
RaceClubs.com
™ of the Registration Information provided by yourself for the purpose
of delivering the Services and in accordance with the Privacy Policy.
|
| 3.2 |
You represent and warrant that all information you supply to the Web Site is complete and accurate.
|
| 3.3 |
In addition to clause 19 below, RaceClubs.com™
reserves the right to suspend or cancel membership or to
refuse membership applications for any reason that it in its sole and
absolute discretion deems appropriate, including but not limited to:
-
providing false, inaccurate or incomplete Registration
Information;
-
defaulting on the payment of any fee;
-
it comes to the attention of
RaceClubs.com
™ that you are a minor in terms of laws or regulations applicable
to you;
-
it comes to the attention of RaceClubs.com™ or we have grounds to suspect that
you are participating in the Games offered by RaceClubs.com™ from within a jurisdiction where such
participation is prohibited or where you are otherwise prohibited to take part in
horseracing ownership activities such as racing, training, auctioning and claiming of virtual racehorses;
-
listing with any credit bureau; or
any attempt or suspected attempt to defraud
RaceClubs.com
™ or other members, cheat or make untrue, defamatory or malicious
comments about
RaceClubs.com
™, any affiliate websites or other members;
-
harassment of other Members;
-
deliberate manipulation of the Services in an attempt
to transfer money between Member accounts for purpose other than participation
in the Game ("money laundering").
-
any violation of these Terms and Conditions or any laws or regulations.
-
Notwithstanding the foregoing, RaceClubs.com™ shall not be liable in any manner whatsoever for
any delay or failure on its part to suspend, cancel or refuse membership, whether or not it is aware of
the possibility of any damage, harm or loss arising therefrom.
|
| 3.5 |
Upon cancellation of membership as provided
for in clause 3.3 above,
RaceClubs.com
™ will reimburse such a member for any cash balance in his/her
account at the time of closure, less handling and administrative fees.
Cancellation may result in forfeiture of any bonus credits, virtual horses, or any prizes
to which you are otherwise
entitled at the sole discretion of RaceClubs.com™. |
| 3.6 |
Membership cancellation shall be given or confirmed
by RaceClubs.com™ upon e-mail notification to you. |
| 3.7 |
You are required to immediately notify
RaceClubs.com™ of any change to your Registration Information by
updating this on the Web Site or informing RaceClubs.com™
by email if this fails. You can view and update
the Registration Information provided by you at any time on the
Web Site except for your full credit card number
which is not available for security purposes. |
| 3.8 |
Cancellation for reason of money laundering per clause 3.3
above may in addition result in the freezing of an account and
disclosure of the relevant Member and transaction
information to the authorities who have jurisdiction to act on such activity. |
| |
| 4.1 |
Upon registration an account will be opened for you.
You agree to use only your personal banking card,
transfer from your personal banking account or online wallet to purchase credits.
All charges for the Services are reflected on the pages of the
Web Site and you hereby agree that Services will only be provided once payment is received from you. |
| 4.2 |
You must have credit in your account to partake in most Services
offered by the Game. You pay a monthly fee for owning a virtual horse,
unless you have raced it enough times to eliminate this fee.
Should your horse status turn pending as a result of non-payment or non-receipt of the monthly fee,
ownership of your horse may pass to RaceClubs.com™. RaceClubs.com™ shall not
be liable for not receiving the monthly fee and it shall be
your responsibility to ensure that RaceClubs.com™ receives the monthly fee. |
| 4.3 |
When you request any Service offered on the Web Site and you
do not have sufficient credit in your account,
you will be directed to first acquire credits to pay for such Service.
|
| |
| 5.1 |
Participation is restricted to residents of those
jurisdictions where such participation is legal and not prohibited.
Participation in the Game is void wherever prohibited by law. |
| 5.2 |
Participation is restricted to individuals of legal age of majority as applies in the
jurisdiction in which you reside or from which you access the Web Site. |
| 5.3 |
In the United States of America,
the rules governing skill-based contests and tournaments with entry fees
and/or prizes are set up by each individual state,
and not by the federal government. RaceClubs.com™
CANNOT offer this element of the Services in which cash prizes can be won in some races to
residents of the following states in the USA: Arkansas, Arizona, Connecticut,
Delaware, Florida, Iowa, Illinois, Louisiana, Maryland, Montana, New Jersey, South Carolina, South Dakota,
Tennessee and Vermont. You hereby warrant that you are not a resident of any one of these states in the USA. |
| 5.4 |
You are subject to all laws of the state,
province and/or country in which you reside and from which you access the
Web Site, and are solely responsible for obeying those laws.
You agree RaceClubs.com™ cannot be held liable if laws applicable to you restrict or
prohibit your participation. RaceClubs.com™ makes no representations or warranties,
implicit or explicit, as to your legal right to participate in any Service offered on the
Web Site nor shall any person affiliated, or claiming affiliation,
with RaceClubs.com™ have authority to make any such representations or warranties. |
| 5.5 |
By registering with RaceClubs.com™ you warrant
that you are not engaging in unlawful activities in
respect of any law or regulation applicable to you. |
| 5.6 |
RaceClubs.com™ reserves the right to monitor the location from which
you access the Web Site and to block access from any
jurisdiction for any reason it deems fit in its sole discretion. |
| 5.7 |
RaceClubs.com™ may require any participant receiving any prize to provide proof
that he or she is eligible to participate according to above clause 5.1, 5.2, 5.3 and 5.4 above. |
| |
| 6.1 |
You may establish only one Member account per person to
participate in the Services offered on the
Web Site. RaceClubs.com™
reserves the right to monitor any effort to establish
multiple accounts; in the event it is discovered that you have
opened more than one account per person,
RaceClubs.com™ reserves the right to close all your accounts without notice.
|
| 6.2 |
RaceClubs.com™ may impose monetary limitations on the deposit transactions in which
you engage to fund your Member account. RaceClubs.com™
reserves the right to change these monetary limitations at any time.
|
| 6.3 |
RaceClubs.com™ reserves the right to set expiration
dates or other limits on all Bonus Credits
(these credits may not be withdrawn to cash). RaceClubs.com™
reserves the right to expire the credit balance of any dormant account.
RaceClubs.com™ reserves the right to archive any dormant account and hence make it
inaccessible to the Member. A dormant account shall be
defined as any account that has been inactive for greater than 180 days. |
| |
| 7.1 |
The Web Site may include discussion forums or other interactive
areas or Services, including, without limitation, blogs, chat rooms,
bulletin boards, message boards, online hosting or storage Services, or
other areas or Services in which you or other Members create,
post or store any information, content, messages, comments,
materials or other items on the Web Site ("Interactive Areas").
You are solely responsible for your use of such Interactive Areas and use them at your
own risk. By using any Interactive Areas,
you agree not to post, upload, transmit, distribute, store, create or
otherwise publish through the Web Site any of the following:
- Any message, comment, data, information, text, music, sound, photos,
graphics, code or other material ("User Content") that is unlawful,
libellous, slanderous, defamatory, profane or obscene
(including the use of asterisks or other masking characters to disguise such profanity or obscenity),
pornographic, harmful to minors, indecent, lewd, suggestive,
insulting, harassing, abusive, threatening, invasive of privacy or
publicity rights, abusive, inflammatory, fraudulent or otherwise
objectionable or that you know or have reason to
believe is incorrect, inaccurate,
misleading or outdated;
- User Content that would constitute, encourage or provide
instructions for a criminal offence, violate the rights of
any party, or that would otherwise create liability or
violate any local, state, provincial, national or international law;
- User Content that may infringe any patent, trademark, trade secret,
copyright or other intellectual property or moral right of any party.
By posting any User Content, you represent and warrant that you have the
lawful right to transmit, distribute and reproduce such User Content;
- User Content that impersonates any person or entity or
otherwise misrepresents your affiliation with a
person or entity;
- Unsolicited promotions, political campaigning, advertising,
junk mail, spam, chain letters, pyramid schemes or solicitation,
including the publishing of any URLs;
- Private information of any third party,
including, without limitation, addresses, phone numbers,
e-mail addresses, social security or identity numbers and
credit card numbers;
- Do not share personal information (your name, phone number, home address,
password) with others on the site.
- Viruses, corrupted data or other harmful, disruptive or destructive files; and
User content that is unrelated to the subject or topic of the Game or of the Interactive Area in question
- User Content that contains user-specified fonts, HTML, JavaScript, Java,
Flash, ActiveX controls or other programming or scripting elements
- User Content that, in the sole judgment of
RaceClubs.com™, is objectionable or which restricts or
inhibits any other person from using or enjoying the Interactive
Areas or the Web Site, or which adversely affects the availability of its resources to
other users (e.g., excessive shouting, use of all capital letters, or flooding
continuous posting of repetitive text), or which may expose RaceClubs.com™ or its users to any
harm or liability of any type.
|
| 7.2 |
RaceClubs.com™ takes no responsibility and assumes no
liability for any User Content posted, stored or uploaded by you or any
third party, or for any loss or damage thereto, nor is RaceClubs.com™ liable for any mistakes,
defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
Your use of Interactive Areas is at your own risk. As a provider
of interactive Services, RaceClubs.com™ is not liable for any statements,
representations or User Content provided by its Members in any public forum,
personal home page or other Interactive Area.
|
| 7.3 |
Although RaceClubs.com™ has no obligation to screen, edit or monitor any of the User
Content posted in any Interactive Area, and no User Content is endorsed,
reviewed or approved by RaceClubs.com™, RaceClubs.com™ reserves the right, and has absolute
discretion, to remove, screen or edit any User Content posted or stored on the Web Site at any time and
for any reason without notice. Notwithstanding the foregoing, RaceClubs.com™ shall not be liable in any
way whatsoever for any failure on its part to remove, screen or edit any User Content,
whether or not it is aware of any objectionable, prohibited or unlawful material it may contain.
|
| 7.4 |
Any use of the Interactive Areas or other portions of the
Web Site in violation of the foregoing violates these Terms and
Conditions and may result in, among other things, termination or
suspension of your membership and/or your right to use the Interactive
Areas and/or the Web Site. You acknowledge and agree that RaceClubs.com™
may access, use or disclose any information about you or your use of this Web Site,
including, without limitation, any User Content to comply with the law or any legal
process, protect and defend the rights or property of RaceClubs.com™ or
to protect the safety of RaceClubs.com™, its employees, Members or the public.
|
| 7.5 |
If you post User Content to the Web Site, unless we indicate otherwise,
you grant RaceClubs.com™ and its affiliates a non-exclusive, royalty-free,
perpetual, irrevocable and fully sub-licensable right to use, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute,
perform and display such User Content throughout the world in any media.
You grant RaceClubs.com™ and its affiliates and sub-licensees the right to use the name
that you submit in connection with such content, if they choose. You represent and
warrant that (i) you own and control all of the rights to the User Content that you post
or you otherwise have the right to post such User Content to the Web Site; (ii)
the User Content is accurate and not misleading; and (iii) use and posting of the
User Content you supply does not violate these Terms and Conditions and will not violate
any rights of or cause injury to any person or entity.
|
| 7.6 |
RaceClubs.com™ does not condone the practice commonly
referred to as “Spam”.
A Member who is reported as a perpetrator of spam and the claims of “Spam”
are validated by RaceClubs.com™, will have their respective account either
immediately TERMINATED or SUSPENDED, at the sole discretion of RaceClubs.com™. RaceClubs.com™
defines “Spam” as:
-
Electronic mail messages addressed to a recipient with whom the
initiator does not have an existing business or personal
relationship or is not sent at the request of,
or with the express consent of, the recipient;
-
Messages posted to Forums and chat areas that are off-topic
(unrelated to the topic of discussion), cross-posted to
unrelated newsgroups, or posted in excessive volume;
-
Solicitations posted to Forums and chat areas, or to groups or
individuals via Internet Relay Chat or “Instant Messaging”
system (such as MSN Messenger);
RaceClubs.com™ may undertake, at its sole discretion and with or
without prior notice, the following enforcement actions described in detail below:
-
Account Suspension: Upon the receipt of a credible and validated complaint, RaceClubs.com™
may also elect to immediately suspend the membership of the user implicated in the abuse.
Suspension serves as a “Final” warning and will prevent the abuser from continuing their abusive
“Spamming” behavior. RaceClubs.com™ will evaluate each validated abuse incident on a case-by-case basis and
impose Termination or Suspension at its sole discretion. RaceClubs.com™
reserves the right to lift the suspension of a user at any time, at its sole discretion.
-
Account Termination: Upon the receipt of a credible and validated complaint,
RaceClubs.com™ may immediately terminate the membership of the individual user
implicated in the abuse. Termination results in the immediate closure of the referral account,
the loss of all referrals, the forfeiture of any unpaid referral money on account, a prohibition
against any future membership, and the user will lose the right to compete in any races or utilize any of the Services.
ABUSE REPORTING: If you wish to report a violation of our Anti-Spam Policy,
please forward all evidence of abuse to: membersupport@raceclubs.com.
Please refer this serious matter responsibly!
|
| |
| |
The security of your information is one of the top priorities of RaceClubs.com™.
Encryption techniques are used to provide protection of your credit card information.
Whilst RaceClubs.com™ has taken precaution to ensure the security of your credit card details,
RaceClubs.com™ shall not be liable for any loss or disclosure thereof through no fault of
RaceClubs.com™. Your credit card information shall however have to be disclosed if
RaceClubs.com™ is required by law to do so. If so required by law, RaceClubs.com™ shall
endeavour to inform you by prior notice to you. |
| |
| |
Taxes or other government imposts may be payable by you on your winnings,
depending on the jurisdiction in which you reside or relevant laws applicable to you otherwise.
RaceClubs.com™ shall not disclose any information regarding your net
loss or net profits to any third party unless required to do so by law. |
| |
| |
You must supply your own equipment to gain access
to the Web Site and to partake in the Game. You acknowledge that you use the
Services at your own risk and that the Services are provided on an "as available" and "as is" basis. |
| |
| |
RaceClubs.com™ reserves the right to modify or discontinue the Game at any time and
RaceClubs.com™ shall not be liable to any Member or third party for any loss or damage or claim of whatever nature
as a result of
RaceClubs.com™ modifying or discontinuing the Game.
RaceClubs.com™ makes no warranty that the Game will be uninterrupted, secure,
error free or timely. |
| |
| |
RaceClubs.com™ shall not be liable for any loss or damages caused to your
equipment as a result of downloading software or data from the
Web Site and/or using such software or data and/or you participating in the Game. |
| |
| |
On accepting any amount of winnings you hereby consent to the use by RaceClubs.com™ of your name,
or in the case of you partaking under an alias, your alias, for advertising and promotional purposes.
Such use of your name or alias by RaceClubs.com™ shall be free of any charge. |
| |
| |
RaceClubs.com™ shall not be required to maintain user names, passwords or account numbers and
if you misplace, forget or lose your password, or are otherwise unable to gain access to any pages
of the Web Site or any third party gains access to any pages of the Web Site using your password and/or
account number through no fault of RaceClubs.com™, RaceClubs.com™ shall not be liable for any
claims whatsoever resulting therefrom. You are responsible for maintaining the confidentiality of your password.
|
| |
| |
By registering as a Member you warrant that you fully understand
these Terms and Conditions. You also agree to abide by all rules, regulations,
terms and/or conditions contained herein or on the Web Site and as such rules,
regulations, terms and/or conditions may change from time to time.
You warrant that you understand the rules and regulations as
set out and explained on the pages of the Web Site. |
| |
| |
Members who are not registered affiliates of
RaceClubs.com™ are prohibited from using the content or the
races of RaceClubs.com™, for the purpose of making any financial
gain, other than by winnings from races or proceeds from claims. Any
activity which involves using the RaceClubs.com™ platform for this purpose
is strictly prohibited in terms of these Terms and Conditions |
| |
| |
You agree to hold RaceClubs.com™, its successors or assigns, its employees, officers,
directors, licensees, licensor, distributors, wholesales, affiliates, subsidiaries,
advertising, promotion or other agencies, media partners, agents and retailers harmless and
shall fully indemnify same from any and all costs, expenses, liabilities and
damages whatsoever that may arise as a result of your (i) entry, use, or reuse
of the Web Site, (ii) use of any materials at the Web Site, (iii) entry, use
or reuse of the RaceClubs.com™ server, (iv) participation in the Game,
or (v) the acceptance of any Prize. You agree to indemnify and hold RaceClubs.com™,
its officers, directors, employees, subsidiaries, licensor, affiliates,
successors or assigns, harmless from any third party claim or demand,
including reasonable attorneys' fees, made in connection with or arising
out of your use of the Game or participation in the Game. |
| |
| |
This agreement shall commence on the date on which you submit
your application on the registration page of the Web Site. |
| |
| |
This agreement shall terminate when RaceClubs.com™ cancels
your membership or when RaceClubs.com™ discontinues the Game at any time.
Upon such cancellation any cash balance in your account will be paid to you in the manner in
which payments are made as explained on the pages of the Web Site. |
| |
| |
In case of a dispute, if any one or more of the terms or
conditions contained herein should be held to be invalid or unenforceable,
the validity and enforceability of all other provisions shall not be affected.
|
| |
| |
You will not attack nor assist in any attack on the validity or ownership
of the intellectual property that facilitates the Game whilst this agreement exists or after
termination or cancellation of this agreement for any reason whatsoever. You acknowledge that the
intellectual property includes, inter alia, trade mark applications for the name and devices of
RaceClubs.com™ and “RaceClubs“, patent applications for the Game,
and rights of copyright in the Game software,
Web Site and the pages thereof. |
| |
| |
Nothing in this agreement shall be construed to create any
form of relationship between any of the parties by way of
agency, partnership or distributorship. You may not
represent RaceClubs.com™ or propose to
bind RaceClubs.com™ or act in any way as if with the
authority of RaceClubs.com™.
|
| |
| |
This agreement, as amended from time to time by
RaceClubs.com™,
supersedes all prior agreements whether oral or in writing and constitutes the entire agreement between you and
RaceClubs.com™.
|
| |
| |
The rights and obligations under this agreement are personal
in nature and you may not cede or assign or
delegate your rights or obligations under this agreement.
No legal entity or group or organisation other than an individual shall be allowed to become a Member. |
| |
| |
RaceClubs.com™ disclaims all warranties of any kind, whether express or implied,
including, but not limited to warranties of fitness for purpose. |
| |
| 26.1 |
To the extent permitted by applicable law, in no event shall
RaceClubs.com™, its officers, directors, employees, subsidiaries, licensor,
affiliates, successors or assigns be liable for any indirect, incidental, special,
consequential or punitive damages or losses (whether foreseeable or unforeseeable) of
any kind (including loss of profits, loss of goodwill, damages relating to lost or
damaged data or software, loss of use, damages relating to downtime or costs of substitute products or services)
arising from your use of (or inability to use) the Web Site and/or the Services or
your partaking (or inability to partake) in the Game. |
| 26.2 |
To the extent permitted by applicable law, regardless of the form
(whether in contract, delict, tort or any other legal theory) in which any
legal action may be brought, RaceClubs.com™'s maximum liability for direct damages for
anything giving rise to any legal action shall be an amount equal to any cash balance in your account .
This maximum amount shall be an aggregate amount for all claims arising out of your use of the
Web Site and the Services offered in connection therewith. |
| |
| |
All notices to you from RaceClubs.com™ or vice versa shall be in
writing via e-mail or posted on the website.
|
| |
| |
Employees of RaceClubs.com™, agents, subsidiaries, licensees, white label partners,
contractors and members of the
immediate families of each are not eligible to participate in the Game. |
| |
| 29.1 |
In addition to clause 3.3 above, RaceClubs.com™ reserves the right to immediately cancel or terminate
your membership or refuse your membership application or to insist on you changing
either one or all of your user name, stable name, alias or the name that you choose for any of
your horses, should RaceClubs.com™ at any time be of the opinion that any one or all of the above names are
undesirable, immoral or offensive to any person or group of persons or to any person in particular.
RaceClubs.com™ does not always check the names or aliases used by its Members and if you use a name such as
described in this clause, it may be revoked in future. Also, if you use an acceptable name, it may be revoked
should it, in the opinion of RaceClubs.com™ become undesirable at a future date.
Should you be uncertain of the name/s chosen by yourself you may contact RaceClubs.com™ to check
whether the name is allowable. There is however no guarantee that the name will not become undesirable
in future or that RaceClubs.com™ will not in future become aware that the name is in fact undesirable.
Notwithstanding the foregoing, RaceClubs.com™ shall not be liable in any manner whatsoever for any offensive,
undesirable or immoral names, or any delay or failure on its part to change any name, whether or not
it is aware of the possibility of any damage, harm or loss arising there from. |
| 29.2 |
The names that you choose are subject to availability.
If the name that you choose is already taken,
you will have to choose an alternative name. |
| 29.3 |
You may not use the common law trade marks or registered trade marks that
you have no right to use and/or that belong to others. You hereby indemnify
RaceClubs.com™ against any third party claim whatsoever
arising out of the unlawful use of someone else's trade marks or names. |
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| |
If you send comments or suggestions, including, but not
limited to, notes, text, drawings, or computer programs, to RaceClubs.com™, such submissions
shall become, and shall remain, the sole property of RaceClubs.com™. No submission shall be
subject to any obligation of confidence on the part of RaceClubs.com™. RaceClubs.com™ shall
exclusively own all rights to, and shall be entitled to unrestricted use of, all such
submissions without compensation to you. |
Remember that by registering as a member you agree to these terms and conditions.
|