Date of last revision: December 9, 2009

Racegossip.com, Racegossip and all the functionalities provided will cumulatively be called “service”. By using this service, you agree to bound by all the terms of this agreement. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO USE THE SERVICES AND MUST NOT ACCESS OR USE THEM. We reserve the right to change the terms of this Agreement or to modify features of this Service at any time. By registering for this Service and/or continuing to use this Service after the posting of Notices regarding such changes, you agree to be bound by such changes.

Copyright

Ownership. All content included in the service, such as text, graphics, logos, button icons, images, audio clips and software, as well as the compilation of any of the foregoing (meaning the collection, arrangement and assembly), are the property of Racegossip or its content suppliers and protected by U.S. and international copyright laws. You acknowledge and agree that Content information presented to you through Racegossip or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Racegossip or such advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works.

Permitted Use. The content and software on Racegossip may be used as an information, entertainment, registration and/or shopping resource. In addition, Racegossip hereby authorizes you to view, copy, download, and print for personal use only any Racegossip content. Such personal use is subject to the following conditions: (i) content may be used only for non-commercial, informational purposes and may not be posted or distributed, (ii) the content may not be modified, and (iii) copyright, trademark and other proprietary notices may not be removed. Except as expressly stated in these Terms of Use or as otherwise specifically authorized by Racegossip you may not duplicate, download, publish, modify or otherwise distribute (including through the use of frames or deep links) the material on Racegossip. Furthermore, you may not copy, reproduce or distribute the design or layout of Racegossip site, the Racegossip logo or other design elements or software. Any use of the Racegossip Site content not described herein is strictly prohibited. You also shall not (and shall not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software contained in any Racegossip Site.

Copyright Complaints. Racegossip respects the intellectual property of others, and we ask our content partners and Racegossip members to do the same. If you believe that your copyrighted work has been impermissibly copied or used and is accessible on the Racegossip Sites in a way that constitutes copyright infringement, you may notify us by providing following information (e-mail contact[AT]RaceGossip[DOT]com):

1. an electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.
2. A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
3. Identification of the location where the original or an authorized copy of the work exists, for example the URL (i.e., web page address) where it is posted or the name of the magazine in which it has been published.
4. Identification of the URL or other specific location of the Racegossip Sites where the material that you claim is infringing is located, including enough information to allow us to locate the material.
5. Your name, address, telephone number and e-mail address.
6. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law.
7. A statement by you, made under the penalty of perjury that the above information in your notice is correct and that you are the copyright owner or authorized to act on the copyright owner's behal

User submission and Content

Racegossip may provide interactive areas on the Racegossip sites, in which users may post communications. You understand that all information (including your member name or user name), data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Racegossip, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Racegossip Sites. Racegossip does not control the Content posted via the Racegossip Sites and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Racegossip Sites, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Racegossip be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Racegossip Sites. You further understand that the internet has no geographical boundaries, and you therefore agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

In consideration of being allowed to use the Racegossip interactive areas and Racegossip Sites, you agree not to:

1. impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of Racegossip.
2. use an inappropriate member name of any kind.
3. target or harm minors in any way.
4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Racegossip Sites.
5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party.
7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose.
8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
9. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Racegossip Sites are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.
10. interfere with or disrupt the Racegossip Sites or servers or networks connected to the Racegossip Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Racegossip Sites.
11. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
12. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.
13. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
14. "stalk" or otherwise harass another; and/or
15. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs above.

The foregoing actions shall constitute a material breach of these Terms of Use. Racegossip reserves the right to delete from the Racegossip Sites any Content, postings or member names that violate the above terms and will cooperate fully with any law enforcement officials and/or agencies in the investigation of any violator or violators, up to and including complete and immediate termination of your registration and/or accounts with Racegossip. You acknowledge that Racegossip may or may not pre-screen Content, but that Racegossip and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Racegossip Sites. Without limiting the foregoing, Racegossip and its designees shall have the right to remove any Content that violates these Terms of Use or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Racegossip or submitted to Racegossip, including without limitation information in Racegossip Message Boards and in all other parts of the Racegossip Sites.

You acknowledge, consent and agree that Racegossip may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Racegossip, its users and the public.

You understand that the technical processing and transmission of the Racegossip Sites, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that the Racegossip Sites and software embodied within the Racegossip Sites may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Racegossip and/or content providers who provide content to the Racegossip Sites. You may not attempt to override or circumvent any of the usage rules embedded into the Racegossip Sites. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Racegossip Sites, in whole or in part, is strictly prohibited.

Should you choose to submit any ideas, suggestions, documents, and/or proposals (“Submissions”) to Racegossip through any of its media, you acknowledge and agree that: (i) your Submissions do not contain confidential or proprietary information; (ii) Racegossip is not under any obligation of confidentiality, express or implied, with respect to the Submissions; (iii) Racegossip shall be entitled to use or disclose (or choose not to use or disclose) such Submissions for any purpose, in any way, in any media worldwide; (iv) Racegossip may have something similar to the Submissions already under consideration or in development; (v) your Submissions shall automatically become the property of Racegossip without any obligation of Racegossip to you; and (vi) you are not entitled to any compensation or reimbursement of any kind from Racegossip under any circumstances.

Registration and Password

You are responsible for maintaining the confidentiality of your login ID and password (your "registration"). You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Racegossip of any unauthorized use of your registration (contact[AT]RaceGossip[DOT]com). You further represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (i) provide true, accurate, current and complete information about yourself as submitted to Racegossip, and (ii) maintain and promptly update your registration information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Racegossip has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete. Racegossip has the right to immediately suspend or terminate your account and refuse any and all current or future use of the Racegossip Sites or related products and services (or any portion thereof). Racegossip makes every effort to protect individual privacy and personal information, and is particularly concerned about child privacy. Parents of children under the age of 13 who wish to allow their children access are required to provide their consent for any registration. By creating such a registration involving your child under the age of 13, you certify that you are at least 18 years old or that you are the parent or legal guardian of the child/children listed on the registration. Unless you have notified us otherwise, You also give your child permission to access many areas of the Racegossip Sites related to the registration, including email, message boards and other registration related information. Please remember that the Racegossip Sites and Racegossip services are intended to apply to a broad audience. Accordingly, as the parent or legal guardian, it is your responsibility to determine whether any of the Racegossip Sites areas and/or content are appropriate for your child.

Registration data and certain other information about you is subject to Racegossip’s Privacy Through your use of the Racegossip Sites and related services you consent to the collection and use (as set forth in the Privacy Policy) of certain information about you, including the transfer of this information to the United States and/or other countries for storage, processing and use by Racegossip and its affiliates.

This service is available "as is"

We do not warrant that this Service will be uninterrupted or error-free. There may be delays, omissions, interruptions and inaccuracies in the news, information or other materials available through this Service. We are not responsible for the availability or content of other services that may be linked to this Service. Although we intend to take reasonable steps to prevent the introduction of viruses, worms, "Trojan horses" or other destructive materials to this Service, we do not guarantee or warrant that this Service or materials that may be downloaded from this Service do not contain such destructive features. We are not liable for any damages or harm attributable to such features. If you rely on this Service and any materials available through this Service, you do so solely at your own risk.

This Agreement shall be governed by the laws of the United States and the State of Illinois. BY CONTINUING TO READ AND USE RACEGOSSIP.COM, YOU AGREE TO ABIDE BY THE TERMS OF THIS AGREEMENT.

Contact

Please report any violations of these Terms of Use by contacting us at contact[AT]RaceGossip[DOT]com