Terms of Service

1.            Acceptance of Terms of Service

These Terms of Service (the “Terms”) represent a binding legal contract between you, as an individual or entity, and Kentuckyderbybetting.com (the “Website“). By using the Website you agree to be bound by these Terms including incorporated rules and policies. The Website is available to you subject to the Terms, which may be updated from time to time without notice.

2.            Description of Service

The Website is a horse racing enthusiast website for people interested in learning more about horse racing and the horse race betting. By visiting the Website you agree to use the information presented herein only for personal entertainment and informational gathering purposes. The Website may contain informational content on horse race betting but is not a provider of online gambling or betting services.

3.            User Obligations

3.1          By using the Website you agree that you shall:

(i)            Not use this Website for in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or other form of unauthorized advertising;

(ii)            Not use this Website in a manner that may constitute or be considered a violation of any local, national or international law;

(iii)            Not conduct yourself in relation to the Website in any way that may (a) be construed as unlawful, tortuous, or otherwise objectionable, (b) be designed to interfere or interrupt this Website or any service provided, (c) infect this Website with a virus or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or (d) give rise to a civil or criminal liability, or in violation of an applicable local, national or international law;

(iv)            Not reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of this Website, including access to or use of this Website.

3.2          The Website may occasionally contain advertisements for third party websites providing online betting services. These advertisements are only directed at and intended for residents of jurisdictions where the use of such advertised services is lawful if certain conditions are met. By viewing on one of these advertisements you hereby agree and acknowledge as follows:

(i)            You are resident in a jurisdiction where the use of the online betting services advertised by the Website on which you clicked is lawful;

(ii)            You are the legal age to use the online betting services advertised by the Website on which you clicked;

(iii)            You have checked with current laws in your area before using the online betting services advertised herein to make sure that doing so is lawful in your jurisdiction and to make sure that you are of legal age prior to doing to;

(iv)            You have verified the rules and restrictions on advertised third-party service provider websites before registering or opening an account with them and acknowledge that online betting service providers advertised on this Website may change their promotions, rules and regulations on a regular basis, may cancel a promotion without prior notice, and advertisements on this Website may not contain current or accurate information regarding same; and

(v)            You will not use betting odds and other information (which is only provided for informational purposes) contained on the Website to place wagers on the outcomes of any events and you further agree and acknowledge that by wagering on the outcome of an event outside your direct control, such as a horse race, you may lose some or all of any monies you wager on such event.

4.            Third-Party Web Sites

The Website may provide links to external Websites, resources or services. The Website has no control over these external websites, resources and services, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such websites. You agree that you will be subject to any and all rules applicable to those third-party websites you visit from our Website and you will not and cannot hold the Website responsible for any damage or loss caused or alleged to be caused by or in connection with the use or purchase of or reliance on products, services or content available on or provided through such websites.

5.            Indemnity

5.1          By visiting this Website you agree to indemnify and hold the Website and its affiliated companies, directors, officers, agents, employees, and partners harmless from any claim or demand, including without limitation reasonable attorneys’ fees, made by any third party due to or arising out of your conduct on this Website, your violation of these Terms of Services, or your violation of any rights of another party.

5.2          By visiting the Website and the third party online betting service providers advertised on this Website, you confirm you understand that (i) it is possible to lose some or all of the monies deposited and wagered at these online betting websites, (ii) you cannot and will not hold the Website its owners, affiliated companies, directors, officers, agents, employees, and partners responsible for such losses, and (iii) any losses incurred as a result of your betting at websites advertised on the Website are your sole liability and responsibility and not the responsibility of the Website its owners, affiliated companies, directors, officers, agents, employees, or partners.

6.            Disclaimer of Warranties

Your use of this Website and/or the services is at your own risk. No materials, third party submissions, advertisements, third-party promotion information or other content on this Website have been verified or authenticated in whole or in part by the Website, and they may include inaccuracies, errors or omissions. The Website does not warrant the accuracy or timeliness of materials, third party submissions, advertisements or other content on this Website. The Website has no liability for any errors or omissions in materials, third party submissions, advertisements or other information or content on this Website, whether provided by the Website or third parties.

THE WEBSITE, FOR ITSELF, IT OWNERS AND LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS WEBSITE, THE SERVICES POVIDED THROUGH THE WEBSITE, THE PRODUCTS OR SERVICES PROVIDED THROUGH THIRD-PARTY SITES ADVERTISED ON THIS WEBSITE, ANY MATERIALS, OR SUBMISSIONS OR THIRD PARTY CONTENT FOUND ON THIS WEBSITE, RELATING TO THE QUALITY, SUITABILITY, TRUTH, TIMELYINESS, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIALS CONTAINED OR PRESENTED ON OR THROUGH THIS WEBSITE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, MATERIALS, THIRD PARTY CONTENT, SUBMISSIONS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY EXPRESSED OR IMPLIED INCLUDING WITHOUT LIMITATION NO WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE WEBSITE DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER AS A DIRECT OR INDIRECT RESULT OF THE YOUR USE OF THIS WEBSITE.

SOME JURISDICTIONS MAY NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES, AND CERTAIN STATEMENTS IN THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU AS REGARDS IMPLIED WARRANTIES; NOTWITHSTANDING THE FOREGOING, THE OTHER TERMS AND CONDITIONS OF THE TERMS REMAIN ENFORCEABLE.

7.            Limitation of Liability

YOU AGREE AND ACKNOWLEDGE THAT THE WEBSITE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; INCLUDING WITHOUT LIMITATION DAMAGES FOR MONETARY LOSS, LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF OR LIMITATION ON USE, DAMAGES TO DATA OR OTHER INTANGIBLE LOSS (EVEN IF THE WEBSITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, RESULTING FROM OR ARISING OUT OF (1) THE USE OF OR THE INABILITY TO USE THIS WEBSITE OR SERVICES PROVIDED THEREON OR YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS, THIRD PARTY CONTENT OR SUBMISSIONS TO OR FROM THIS WEBSITE, (2) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE WEBSITE, (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS OR ANY THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR UNLAWFUL USE OF YOUR PERSONAL INFORMATION, (4) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING THIS WEBSITE OR SERVICES PROVIDED THEREON , OR (5) ANY OTHER MATTER RELATING TO THIS WEBSITE OR SERVICES PROVIDED THEREON. YOU AGREE AND ACKNOWLEDGE THAT BY VISITING THIS WEBSITE YOU SHALL NOT COMMENCE OR JOIN ANY LAW SUIT OR LEGAL PROCEEDINGS OF ANY KIND IN CONNECTION WITH YOUR ACTIVITY ON THIS WEBSITE AGAINST THE WEBSITE ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS OR AFFILIATED COMPANIES.

8.            Reservation of Rights

The Website reserves all of its rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary rights that may apply to this Website, its content, and the goods and services that may be provided through this Website. The use of the Website rights or property (other than navigating and viewing the website in the ordinary course) requires the Website’s prior written consent. By making this Website and services found on this Website available to you, we are not providing you with any implied or express licenses or rights, and you have no rights including without limitation any right or license to make any commercial use of this Website or services found thereon without the Website’s prior written consent.

9.            Ownership of Content / Third Party Marks

9.1          Unless otherwise stated, all content on the Website is the sole copyright of the Website and all rights are reserved.

9.2          Some products or company names and devices, marks, logos, icons, graphics or designs published on this Website are the property of their respective owners.

9.3          This Website is dedicated to providing news, analyses and information regarding horse racing in general and certain famous horse races, including the annual Kentucky Derby in particular. Marks may be referenced in a transformative, editorial, informational, nominative, critical, analytical or comparative context. As such, this Website may reference marks belonging to third parties pursuant to our right to engage in fair use, fair comment, statutory fair use or trade mark fair use doctrine.  As such, this Website does not contribute to any dilution of any trade or service marks.

9.4          In cases where third party marks are referenced, including within the domain name of the Website, we use commercially reasonable efforts to (i) only reference those marks where the product or service cannot be easily identified without using the mark, and (ii) use the marks in a reasonable manner necessary to achieve the above described legitimate purposes.

9.5          Third party owners of marks published or reference on the Website have not sponsored, endorsed or partnered with this Website. These third party owners have no affiliation to the Website or its products, services, or promotions. We intend no infringement of third party property rights.

10.          Notification of Copyright Infringement

If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Website, please provide our designated agent the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single website are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Website, and information reasonably sufficient to permit us to locate the material.
  • Information reasonably sufficient to allow us to contact you.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or under law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The responsible person for notice of claims of copyright or trademark infringement on this Website can be reached by email as follows: franklinbockman (at) gmail.com

Pursuant to copyright laws of some jurisdictions, a person who knowingly materially misrepresents that material or activity is infringing may be liable for damages.

11.          Severability and Waiver

If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. The Website’s failure to enforce any of these Terms is not a waiver of such term.

12.          Entire Agreement

These Terms are the entire agreement between you and the Website and supersede all prior or contemporaneous agreements between you and the Website relating to this Website.

13.          Survival

The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

14.          Applicable Law

You agree that these Terms and any dispute arising out of your use of the Website, including its products or services shall be governed and construed in accordance with the local laws in force where the Website headquarters are located, without regard to its conflict of law provisions.