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Trackside Broadcasting, Inc.
Legal Notices
Revised February 25, 2006
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Copyright Notice
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Trademark Statement
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Requesting Reproduction Permissions
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Privacy Statement
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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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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.)"
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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.
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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
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