The Pressbox at the Louisville Thoroughbred Society Website Terms and Conditions of Use
The following terms and conditions of use (the “Terms”) govern your use of The Pressbox at the Louisville Thoroughbred Society website and any content, features, or functionality made available from or through it (including any subdomains of it), its podcast, and its newsletter subscription service (the “Website”). The Website is made available to you by McLean Communications, Inc. (“we” or “us” or “our”). We may change the Terms from time-to- time, at any time without notice to you, by posting such changes on the Website. BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO THESE TERMS. If you do not agree to these Terms, you may not access or otherwise use the Website.
1. Proprietary Rights. As between you and us, we own, solely and exclusively, all rights, title and interest in and to the Website, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles, etc.), code, data and materials on it, the look and feel, design and organization of the Website, and the compilation of the content, code, data and materials on the Website, including but not limited to all copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights in the Website and any content accessed through it (the “Content”). Your use of the Website does not grant to you ownership of the Content.
2. Limited License and Use. Unless otherwise specifically indicated in these Terms or on the Website, the Website and Content are only for your personal, non-commercial use. You may access and view the Content and, unless otherwise indicated in these Terms or on the Website, make single copies or prints of the content on the Website for your personal, internal use only.
3. Prohibited Uses. Unless otherwise specifically indicated in these Terms or on the Website, any commercial or promotional distribution, publishing, or exploitation of the Website or Content is strictly prohibited unless you have received the express prior written permission from our authorized personnel or the otherwise applicable rights holder. Other than as expressly allowed in these Terms or on the Website, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any of the Content or any other materials available on the Website. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any Content, including, without limitation, altering or removing any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You acknowledge that you do not acquire any ownership rights by downloading or otherwise using any copyrighted material from or through the Website and that, if you make other use of the Website or Content except as otherwise allowed under these Terms, you may violate copyright and other applicable laws and may be subject to liability for such unauthorized use.
4. Trademarks. Your misuse of our trademarks or trademarks owned by third-parties displayed on the Website is strictly prohibited. The trademarks, logos, service marks, and trade names (collectively, the “Trademarks”) displayed on the Website may not be used in connection with products or services that are in any way that is likely to cause customer confusion with respect to products or services of the applicable rights holders or in any manner that disparages or discredits those rights holders. All Trademarks not owned by us that appear on the Website or through the Website’s services are the property of their respective owners. Nothing contained on the Website should be construed as granting any license or right to use any Trademark displayed on the Website without our written permission or written permission of the third party that may own the applicable Trademark.
We do not claim ownership to your User Generated Content; however, you grant us a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available, and otherwise exploit such User Generated Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with the Website and on third-party sites and platforms such as Facebook, YouTube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.
You represent and warrant that your User Generated Content conforms to these Terms and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your User Generated Content in all manners contemplated by these Terms. You agree to indemnify and hold us, our affiliates, and each of their respective employees and officers, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party arising out of or in connection with our use and exploitation of your User Generated Content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights.
To the extent we authorize you to create, post, upload, distribute, publicly display, or publicly perform User Generated Content that requires the use of our copyrighted works, we grant you a non-exclusive license to create a derivative work using our copyrighted works as required for the purpose of creating the materials, provided that such license shall be conditioned upon your assignment to us of all rights in the work you create. If such rights are not assigned to us, your license to create derivative works using our copyrighted works shall be null and void.
7. Other Restrictions. In addition to the restrictions stated above, you warrant and agree that you shall not use the Website to: (i) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (ii) insert your own or a third party's advertising, branding, or other promotional content in any of the User Generated Materials (unless otherwise agreed to or allowed by us); (iii) engage in “spidering,” “screen scraping,” “database scraping,” harvesting of contact or personal information, or any other automatic means of obtaining lists of users or other information on the Website; (iv) obtain or attempt to obtain unauthorized access to computer systems, materials, or information through any means; (v) flood the Website with unsolicited messages; (vi) use the Website in violation of any applicable federal, state, local or international law or regulation; or (vii) otherwise interfere with our operation of or any person or entity’s use or enjoyment of the Website.
8. Copyright Infringement. If you believe that any Content or Submitted Information violates your copyright, please contact: Warren G. McLean, 12300 Locust Lane, Louisville, KY 40223. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, we may at our sole discretion limit access to our Website and/or terminate the accounts of persons who infringe any intellectual property rights of others.
9. No Reliance on Information. The information presented on the Website is made available solely for general information and entertainment purposes. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF THIS INFORMATION OR ANY OTHER CONTENT. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR BY ANYONE WHO MAY BE INFORMED OF ANY OF THE CONTENT. The Website may also include content provided by third parties, including materials provided by other users (e.g., User Generated Content). All statements or opinions expressed in these materials, and all articles and responses to questions and other content, are solely the opinions and the responsibility of the person or entity providing those materials to us.
These materials do not reflect our opinion. We are not responsible or liable to you or any third-party for the content or accuracy of any materials provided by any third parties.
10. Third-Party Links. If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes, without limitation, links contained in advertisements (e.g., banner advertisements and sponsored links) and “widgets” to third-party sites or apps (e.g., Facebook or Twitter). We have no control over the content of those third-party sites or resources, and, therefore, shall not be responsible for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites or services linked, you do so at your own risk.
11. DISCLAIMER OF WARRANTIES AND LIABILITY.
THE WEBSITE AND CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS.
WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE WEBSITE.
12. Indemnification. You agree to defend, indemnify, and hold us, our affiliates, and ours and our affiliates’ officers, employees and agents harmless from any and all claims, liabilities, costs, and expenses, including attorneys; fees, arising in any way from your use of the Website, your placement or transmission of any message, content, information, software or other materials through the Website, or your breach or violation of the law or of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
13. Termination. We reserve the absolute right to terminate these Terms and your use of the Website at any time and for any reason (or for no reason) and without notice to you.
14. Geographic Restrictions. We are based in the state of Kentucky in the United States. We make no claims that the Website or its Content is accessible or appropriate outside of the United States. If you access the Website from outside the United States, you do at your own risk and you are responsible for compliance with local laws.
15. Miscellaneous. These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky, without regard to conflict of law principles, and by using the Website you submit to the exclusive jurisdiction of the courts of competent subject matter jurisdiction located in Kentucky with respect to any proceeding relating to these Terms, the Website, or the Content. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held to be unenforceable as applied to a particular circumstance by a court of competent jurisdiction, then that provision shall be construed by (i) modifying it to the minimum extent necessary to make it enforceable (if permitted by applicable law) or (ii) disregarding it (if modifying it is not permitted by applicable law); but, the rest of this Agreement shall remain in effect as written and the provision modified (or disregarded, where applicable) shall remain in effect as written in all other circumstances.
Last revised: April 28, 2017