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Terms & Conditions


Trackside Broadcasting, Inc.


Legal Notices

Revised February 25, 2006

  1. Copyright Notice
  2. Trademark Statement
  3. Requesting Reproduction Permissions
  4. Privacy Statement
  5. Trackside Broadcasting Terms and Conditions

Copyright Notice

Trackside Broadcasting, Inc. All rights reserved. The material on this site may not be reproduced and may not be distributed, publicly performed, proxy cached or otherwise used, except with the prior express permission of Trackside Broadcasting

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Trademark Statement

Trackside Broadcasting, HTTP://www.Trackside Broadcasting.com, Trackside Advantage, are trademarks of Trackside Broadcasting, all pending or registered in U.S. Patent and Trademark Office.

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Requesting Reproduction Permissions

To reproduce material from Trackside Broadcasting that you've seen on our Web site, you'll need permission from us. We aren't very likely to give permission to reproduce our material on your Web page or CD-ROM. We'd rather people come directly to our site, TracksideBroadcasting.com. But there are exceptions to every rule.

You may write or fax the Rights and Permissions Department of Trackside Broadcasting.

Trackside Broadcasting, Inc.
2235 East Flamingo, Suite 201G
Las Vegas, NV 89119
Attention: Rights & Permissions

Phone: 702-926-9507

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Privacy Statement for Trackside Broadcasting

We have created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses our information-gathering and dissemination practices for this site: www.Trackside Broadcasting.com.

Our site occasionally uses an order form for customers to request information, products, and services. We collect Advantage Members? contact information (like their email address) and financial information (like their account or credit card numbers). Contact information from the order form is used to send orders, information about our company and promotional material from some of our partners to our customers. The customer's contact information is also used to get in touch with the visitor when necessary. Advantage Members may opt-out of receiving future mailings; see the delist/deactivate section below. Financial information that is collected is used to bill the user for products and services.

Our online profiles ask Trackside Advantage Members for contact information (like their email address) and demographic information (like their zip code, age or income level). We use contact data from our surveys to send the user information about our company and promotional material from some of our partners. The customer's contact information is also used to contact the member when necessary. Trackside Advantage Members may opt-out of receiving future mailings; see the delist/deactivate section below. Demographic and profile data is also collected at our site. We use this data to tailor our Advantage Members' experience at our site, showing them content that we think they might be interested in, and displaying the content according to their preferences. Anonymous demographic information is shared with advertisers and market researchers on an aggregate basis. Any email from TracksideBroadcasting.com will include specific instructions on how to unsubscribe.

Trackside Broadcasting occasionally uses "cookie" technology (see http://www.cookiecentral.com/ for complete information) to enhance users' online experience by making it easier for them to navigate through our pages or to make a feature work better. We do not extract information about individual users or their computers during this process.

Rejecting cookies set by the TracksideBroadcasting.com Web site do seriously impede the use of our online features including the ability to purchase products.

From time to time, products and services that may be of value to you will be offered by third parties interested in your business. The registration form provides a mechanism allowing you to opt out of receiving offers based on registration information. If you make that choice, any information you disclose to us as part of this registration will not be released to third parties. However, we may monitor your use of this service, and use or disclose any information gathered as part of our evaluation of the service to satisfy any law, regulation or other government request, and to operate the Service properly and efficiently. Trackside Broadcasting may, in its sole discretion, develop and use consumer research based on Subscriber's use of the Service. All marketing information shall be subject, in all cases, to compliance with the applicable rules and regulations of the Communications Commission, and other relevant laws and regulations, as the same may be amended from time to time. If at any time during the course of your Trackside Advantage Membership, you decide to take advantage of our mailings or to opt our to these offers you may contact customer service admin@TracksideBroadcasting.com.

TracksideBroadcasting.com contains links to other related World Wide Web Internet sites, resources and sponsors of Trackside Broadcasting. Selection of an ad banner or link redirects Subscriber off of TracksideBroadcasting.com to a third party. Transactions that occur between the subscriber and the third party are strictly between the Subscriber and the third party and are not the responsibility of Trackside Broadcasting. Because Trackside Broadcasting is not responsible for the availability of these outside resources or their privacy policy or content, Subscriber should direct any concerns regarding any external link to its site administrator or Webmaster.

Opt-Out: Our site provides Trackside Advantage Members the opportunity to opt-out of receiving communications from us and our partners at the point where we request information about the visitor.

Delete/Deactivate: This site gives Trackside Advantage Members the following options for removing their information from our database to not receive future communications or to no longer receive our service.

1.You can send email to: admin@TracksideBroadcasting.com

2.You can send mail to the following postal address:

Trackside Broadcasting, Inc.
2235 East Flamingo, Suite 201G
Las Vegas, NV 89119
Phone: 702-926-9507

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TracksideBroadcasting.com Web site Purchases and Trackside Advantage Membership Terms and Conditions

REGISTRATION: To ensure that you enjoy the highest standards of quality and service during your visits to TracksideBroadcasting.com, we encourage you to read through the following information before you register. These legal notices spell out the terms and conditions to which Trackside Advantage Members are expected to adhere.

TERMS OF SERVICE

  1. GENERAL RULES AND DEFINITIONS

    1.1 This Subscriber Agreement, which includes the Operating Rules, constitutes Subscriber's Agreement with TracksideBroadcasting.com, an Internet service("the Service") of Trackside Broadcasting, with respect to Subscriber's use of this service. Subscriber must agree to abide by all of the terms and conditions contained in the Subscriber Agreement in order to become or remain an authorized Subscriber of the Service.

    1.2 You will not be allowed to register before clicking that button. Feel free to read and reread the Subscriber Agreement as often as you want. If you do not wish to agree to these terms and conditions, click the "Cancel" button. Trackside Broadcasting reserves the right, at its discretion, to change, modify, add or remove portions of this Subscriber Agreement at any time. Notification of changes in service will be posted on the Service, sent via email, or sent via postal mail.

    1.3 IF THE SUBSCRIBER AGREEMENT OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO SUBSCRIBER, OR CAUSE SUBSCRIBER TO NO LONGER BE IN COMPLIANCE WITH THE SUBSCRIBER AGREEMENT, SUBSCRIBER MAY CANCEL SUBSCRIPTION BY SELECTING A LINK OFF OF SUBSCRIBER'S SMART RECEIPT, REQUEST ORDER CANCELLATION (SEE SECTION 9 REGARDING TERMINATION OF SERVICE). SUBSCRIBER'S CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL CONSTITUTE A BINDING ACCEPTANCE BY SUBSCRIBER OF SUCH RULES, CHANGES OR MODIFICATIONS.

    1.4 TracksideBroadcasting.com may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. TracksideBroadcasting.com may also impose limits on certain features and services or restrict Subscriber access to parts or all of the Service without notice or liability.

  2. Trackside Broadcasting CONTENT AND SUBSCRIBER SUBMISSIONS

    2.1 The contents of TracksideBroadcasting.com Internet service are intended for the personal, noncommercial use of its registered Subscribers. All materials published on TracksideBroadcasting.com (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips, also known as "The Content") are protected by copyright and other intellectual property laws, and are owned or controlled by Trackside Broadcasting or the party credited as the provider of the content, software or other materials. Subscriber shall abide by all additional copyright or other notices, information or restrictions appearing in conjunction with any Content accessed through the Service.

    2.2 The Service is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. Except as set forth in Section 2 of this Subscriber Agreement, Subscriber may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this section of the Subscriber Agreement), create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, materials or Service in whole or in part.

    2.3 Subscriber may download or copy the Content and other downloadable items displayed on this Service for personal, noncommercial use only, provided that Subscriber maintains all copyright and other notices contained in such Content. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from the Rights and Permissions Department, or the copyright holder identified in the individual Content's proprietary notices including copyright notice.

  3. FORUMS AND DISCUSSIONS

    3.1 Subscriber shall not upload to, or distribute or otherwise publish through the Service any Content which is libelous, defamatory, obscene, pornographic, profane, sexually explicit, abusive or otherwise violates any law. Please use your best judgment and be respectful of other individuals using the bulletin boards. Do not use vulgar, abusive or hateful language. Bulletin boards within these sites and services are provided to give our users an interesting and stimulating forum in which they may express their opinions and share their ideas. Trackside Broadcasting does not endorse the opinions placed on these bulletin boards. Subscriber acknowledges that any submissions (e.g. Letter to the Editor, Review or Commentary) may be edited, removed, modified, published, transmitted and displayed by Trackside Broadcasting. In addition, Subscriber warrants that all moral rights in any uploaded materials have been waived.

    3.2 The Forums shall be used only in a noncommercial manner. Subscriber shall not, without the express approval of Trackside Broadcasting, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services, or to promote Web sites or online services which are competitive with the Service. You agree that you will not submit any ideas for stories, features, designs, scripts, merchandise or publication of any type.

    3.3 While Trackside Broadcasting does not and cannot review every message posted by Subscribers in the Forums and is not responsible for any content of these messages, Trackside Broadcasting reserves the right to delete, move or edit messages that it, in its sole discretion, deems are in violation of the law (including trademark and copyright law), or this Subscriber Agreement, or are abusive, defamatory, obscene or otherwise unacceptable. Subscribers shall remain solely responsible for the content of their messages.

  4. ACCESS AND AVAILABILITY OF SERVICES AND LINKS

    4.1 TracksideBroadcasting.com contains links to other related World Wide Web Internet sites, resources and sponsors of Trackside Broadcasting.. Selection of an ad banner or link redirects Subscriber off of TracksideBroadcasting.com to a third party. Transactions that occur between the subscriber and the third party are strictly between the Subscriber and the third party and are not the responsibility of Trackside Broadcasting and Trackside Broadcasting is not responsible for the availability of these outside resources or their contents, Subscriber should direct any concerns regarding any external link to its site administrator or Webmaster.

  5. REPRESENTATIONS AND WARRANTIES

    5.1 Subscriber represents, warrants and covenants (a) that no materials of any kind submitted through Subscriber's account or Trackside Broadcasting's use thereof in accordance with the terms and conditions of this Subscriber Agreement, will (i) violate, plagiarize or infringe upon the rights of any third party, including copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; (ii) contain libelous or otherwise unlawful material; (iii) constitute false or misleading indications of origin or statements of fact; (iv) slander, libel or defame any person or entity; (v) cause injury of any kind to any person or entity; or (vi) violate any applicable laws, rules, regulations or other governmental regulations; and (b) that Subscriber is at least 18 years old. Subscriber hereby indemnifies, defends and holds Trackside Broadcasting and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by Subscriber or any User of Subscriber's account of the Subscriber Agreement or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorneys' fees. Subscriber shall cooperate as fully as reasonably required in the defense of any claim. Trackside Broadcasting Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Subscriber.

    5.2 Trackside Broadcasting neither represents nor endorses the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the service by any Subscriber, information provider or any other person or entity. TRACKSIDEBROADCASTING.COM, THE SERVICE, THE ACCESS SOFTWARE (DEFINED HEREIN) AND ANY MATERIALS PROVIDED BY TRACKSIDE BROADCASTING OR THIRD PARTIES THROUGH THE SERVICE ARE PROVIDED "AS IS." TRACKSIDE BROADCASTING MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR USEFULNESS OF ANY MATERIALS PROVIDED THROUGH THE SERVICE. THE ROGER STEIN SHOW SHALL NOT BE RESPONSIBLE TO THE SUBSCRIBER OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF THE SERVICE, THE ACCESS SOFTWARE OR ANY OF THE MATERIALS PROVIDED BY TRACKSIDE BROADCASTING OR THIRD PARTIES THROUGH THE SERVICE, OR ANY DAMAGE OR LOSS INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF THE SERVICE OR THE ACCESS SOFTWARE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF Trackside Broadcasting HAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

    5.3 Subscriber hereby acknowledges that use of the Service is at Subscriber's sole risk.

  6. REGISTRATION AND SECURITY

    6.1 As part of the registration process, Subscriber will select a password and Subscriber name. Subscriber shall provide TracksideBroadcasting.com with accurate, complete and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of Subscriber's account. Subscriber may not (i) select or use a screen name of another person with the intent to impersonate that person; (ii) use a name subject to the Rights of any person other than Subscriber without authorization; or (iii) use a screen name that Trackside Broadcasting, in its sole discretion, deems offensive.

    6.2 (a) Subscriber shall notify Trackside Broadcasting of any known or suspected unauthorized use(s) of Subscriber's account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of Subscriber's password or credit card information. (b) Subscriber shall be solely responsible for maintaining the confidentiality of Subscriber's password. Subscriber will never be required to reveal Subscriber's password to any representative or agent of Trackside Broadcasting, its owners or agents.

    6.3 Subscriber must be 18 years or older to subscribe to the Service.

    6.4 Each Subscriber is responsible for all usage or activity on TracksideBroadcasting.com account. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination of Subscriber's account, at Trackside Broadcasting's sole discretion, and Subscriber may be referred to appropriate law enforcement agencies.

  7. FEES AND PAYMENTS

    7.1 Trackside Broadcasting reserves the right at any time to charge fees for access to portions of the service or the service as a whole. In the event that Trackside Broadcasting so elects, it shall post notice in the Service Information Area. Subscriber shall pay all fees and charges incurred through Subscriber's account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the Service by Trackside Broadcasting or by any other vendor or service provider. All fees and charges shall be billed to and paid for by Subscriber. Subscriber shall pay all applicable taxes relating to use of the Service through Subscriber's account. Subscriber's right to use the Service is subject to any limits established by Trackside Broadcasting in its sole discretion.

    7.2 Subscriber understands that all Trackside Advantage Memberships are packages and not automatically renewed when the purchased amount runs out. New purchases are required to continue. No refunds will be made to Trackside Advantage Members if any portion of the package has been accepted and used. (See section 9. Termination).

    Customers who elect a "single selection" will not be refunded since the information is considered used when accepted.

  8. SOFTWARE LICENSES

    8.1 Subscriber shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to Subscriber to access the Service ("Access Software"). Subscriber may not sublicense, assign or transfer any licenses granted by Trackside Broadcasting, and any attempt at such sublicense, assignment or transfer is void. Subscriber may not copy, distribute, modify, reverse, engineer or create derivative works from the Software.

  9. TERMINATION

    9.1 Subscriber may terminate Subscriber's account at any time by simply sending an email notification to support@TracksideBroadcasting.com and the account will be closed. There is no refund of money remaining on the Subscribers account. Packages are sold as a discount product and all sales are final at time of purchase no refunds will be made.

    9.2 Trackside Broadcasting may, in its sole discretion, terminate or suspend Subscriber's access to all or part of the Service for any reason, including, without limitation, breach of the Subscriber Agreement, or assignment of the Subscriber Agreement by Subscriber.

    9.3 Trackside Advantage Members of TracksideBroadcasting.com acknowledge that site administrators have the right to terminate Trackside Advantage Membership without notice for any user who restricts, inhibits or disrupts any Web event or attempts to alter or improperly access any feature or function of the site. A user's Trackside Advantage Membership may also be subject to termination if the user posts or transmits any illegal content; harasses or threatens any of Trackside Broadcasting members or Trackside Broadcasting employees; posts content (including the creation of usernames) that is offensive or otherwise disruptive of TracksideBroadcasting.com activities; posts unsolicited advertising; or improperly impersonates an employee of Trackside Broadcasting or other individual.

  10. TRACKSIDE BROADCASTING ANTI-SPAM POLICY:

    10.1Trackside Broadcasting follows accepted permission-based email guidelines. We verify the registering email address at signup and we do not sell the email addresses of those who register with us. But, in order to support maintaining the value provided by our site and its' program hosts, Trackside Broadcasting sends offers relating to free picks, contests and promotions from our sponsors from time to time. There is no requirement to purchase any products or services from these offers. Those who register with us must agree to the following before being allowed to use our services: "By providing your email address as part of our registration process, you are requesting to receive such emails from Trackside Broadcasting and will not categorize them as unsolicited email also known as junk mail or UCE (Unsolicited Commercial Email.)"

  11. MISCELLANEOUS

    11.1 This Subscriber Agreement has been made in and shall be construed and enforced in accordance with Nevada Law. Any action to enforce this agreement shall be brought in the federal or state courts located in Las Vegas, Nevada.

    11.2 Official correspondence must be sent via postal mail to:

    Trackside Broadcasting, Inc.
    2235 East Flamingo, Suite 201G
    Las Vegas, NV 89119
    Phone: 702-926-9507

    11.3 Subscriber consents to the jurisdiction of Nevada State and Federal Courts.

  12. ACCEPTANCE

    12.1 You hereby acknowledge that you have read and understand the foregoing Subscriber Agreement and agree to be bound by it's terms and conditions