AT THE RACES PLAYER TERMS AND CONDITIONS
All ATR members will have access to the following online services on http://www.attheraces.com:
- At The Races Player ("ATR Player");
- At The Races Archive ("Archive Service");
(The Archive Service and the ATR Player (referred to below) are together the "Services").
Further additional information and/or content services may be made available to ATR members from time to time (ATR members will be informed of any new Services by email). Your use of the Services is governed by these Terms and Conditions (comprising specific terms for specified Services and general terms applying to all Services) as amended or updated from time to time.
By registering as an ATR member, you certify that you are 18 years or older and agree to comply with all of the following terms and conditions. ATR members who sign up for the At The Races Player ("ATR Player") in addition, agree to comply with the ATR Player terms and conditions set out below, as amended or replaced from time to time.
1. Use of the ATR Player is restricted to persons resident and located in the UK and Ireland only who have signed up for the ATR Player and pay the relevant subscription fee and is limited to personal, non-commercial use only;
2. In accessing the ATR Player, we provide you with access to the AT THE RACES channel. As part of this ATR Player we will be providing access to certain intellectual property related to AtTheRaces ("ATR") or the company's licensors. All materials provided as part of the ATR Player are the copyright of us or our respective licensors. From time to time ATR may block certain content on the AT THE RACES channel from the ATR Player for rights clearance reasons.
3. In order to use the ATR Player you must (a) obtain access to the World Wide Web and pay any service fees associated with such access; (b) provide all equipment necessary to make such connection to the World Wide Web, including a computer and any necessary access device. Your use of any software/browser to access the ATR Player is subject to the terms of the licence granted to you by the relevant licensor. We are not providing and are not responsible for any software, or for any problems caused by software, computer hardware or computer operations systems.
4. You must not (nor authorise or permit any other party to):
(a) abuse your access to the ATR Player or use it for any unlawful purpose;
(b) access the ATR Player in a way that may cause the software, applications and other equipment used by us to provide the ATR Player to be interrupted, damaged, rendered less efficient or impaired;
(c) access or record the ATR Player in any manner which violates or infringes the rights of any person, firm or company (including without limitation rights of intellectual property, confidentiality or privacy);
(d) reproduce, modify, distribute or publish the whole or any part of the content of this ATR Player without our prior written permission;
(e) sell, assign, transfer or delegate to another person or entity all or any of your rights and obligations in the ATR Player or any part of it;
(f) access the ATR Player from any computer terminal installed at a licensed betting office;
(g) use for any purpose, the ATR Player and/or any visual and/or audio-visual coverage included in the ATR Player to create any off-tube commentary.
5. If you change your mind you have the right to cancel your subscription within 7 working days of purchase by giving written notice to us (by email to firstname.lastname@example.org).
6. You may cancel your subscription for the ATR Player at any time on giving not less than 30 days’ written notice to us (by email to email@example.com).
7. ATR and its partners shall take all reasonable steps to ensure a high quality video feed. However, we cannot control Internet network congestion or other telecommunication system problems that may occur which affect the quality and/or latency of the delivered video.
8. ATR reserves the right to discontinue the ATR Player for security/rights protection reasons. Any liability for ATR in this event is limited to a pro rata refund of any subscription fee credited to your ATR Player account.
1. Use of the Archive Service
In accessing the Archive Service, we provide you with access to the advertised features and services including audio/video coverage of the Archive Service. As part of this Archive Service we may provide access to certain video and audio footage, photographs, text images, statistics, logos and other media and intellectual property related to ATR or the company's licensees. All design, text, graphics, footage and the selection or arrangement thereof are the copyright of us or our respective licensees.
In order to use the Archive Service or access the content, you must (a) obtain access to the World Wide Web and pay any service fees associated with such access; (b) provide all equipment necessary to make such connection to the World Wide Web, including a computer and necessary access device; (c) Flash software (the "Software") installed on your terminal. Your use of the Software is subject to the terms of the licence granted to you by the relevant licensor. We are not providing and are not responsible for the Software, or for any problems caused by the Software, computer hardware or computer operations systems.
You agree to access the Archive Service in a manner consistent with any and all applicable laws and regulations in the country from which you have accessed this Archive Service.
You must not (nor authorise or permit any other party to):
(a) abuse your access to the Archive Service or use it for any unlawful purpose;
(b) access the Archive Service in a way that may cause the software, applications and other equipment used by us to provide this Archive Service (the "Archive System") to be interrupted, damaged, rendered less efficient or impaired;
(c) access or record the Archive Service in any manner which violates or infringes the rights of any person, firm or company (including without limitation rights of intellectual property, confidentiality or privacy);
(d) reproduce, modify, distribute or publish the whole or any part of the content of this Archive Service without our prior written permission;
(e) sell, assign, transfer or delegate to another person or entity all or any of your rights and obligations in the Archive Service or any part of it;
(f) access the Archive Service from any computer terminal installed at a licensed betting office.
2. ATR and its partners shall take all reasonable steps to ensure a high quality video feed. However, we cannot control Internet network congestion or other telecommunication system problems that may occur which affect the quality and/or latency of the delivered video.
General (applicable to all Services)
1. ATR membership and the right to access the Services are personal to you. You agree to keep your password and username confidential. You are fully responsible for all actions undertaken by any person using the password/username for your membership account and you are responsible for ensuring that any such person also fully complies with these Terms and Conditions.
2. ATR provides the Services and Systems (the Archive System and the ATR Player) on an "as is" basis and make no representations or warranties of any kind with respect to any or all of the Services or Systems or their content including (without limitation) implied warranties as to completeness, accuracy, satisfactory quality and fitness for a particular purpose, except to the extent required by law. We do not warrant that the Services will meet your particular expectations or requirements or that it will be uninterrupted, timely, secure or error-free, nor do we make any warranty as to results or the accuracy of any information obtained by you through the Services, except to the extent required by law.
3. You may not copy, modify, reproduce, republish or retransmit or in any way exploit any of the content of the Services or the trademarks or logos associated with the Services without the express written permission of ATR. The Services are made available to you solely for your personal and private use. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material as part of the Services. All rights are reserved.
4. Neither ATR nor any of our directors, employees or other representatives (nor the directors, employees or other representatives of our agents, sub-contractors or group companies) will be liable for damages, in contract, tort or otherwise including negligence, arising out of or in connection with the Services and/or the provision of access to the Services. You confirm that we shall not be liable to you or any third party for any modification to, suspension of or discontinuance of any or all of the Services. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. We do not limit or exclude our liability for death or personal injury resulting from our negligence.
5. We may suspend or terminate any or all of the Services or your access to any or all of the Services at any time in our absolute discretion and may terminate (by email notice) your ATR membership for breach of any of the Terms and Conditions.
6. From time to time, your access to any or all of the Services may be suspended in order for work to be carried out relating to the upgrading or maintenance of the Archive System and/or ATR Player (or other systems of ATR) or otherwise as necessary for the provision of the Services. We shall give as much notice as is reasonable in the circumstances and shall endeavour to ensure that such works are carried out as expeditiously as is possible in the circumstances.
7. From time to time we may change the minimum specification for receiving audio/video content; any changes will be posted on the attheraces.com website.
8. You agree to fully indemnify us immediately on demand against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these Terms and Conditions by you (or any other user in your household or anyone else who may access the Services through your terminal using your password) or any other liabilities arising out of your or their use of or access to the Services and/or the Systems.
9. Any notices we send will be sent to the email address you supply during any registration process required for accessing the relevant Service. Any notices you send us (including any cancellation of your ATR membership) should be sent by email to firstname.lastname@example.org (or such other address specified in these Terms and Conditions). Notices will be deemed to have been delivered at the time and date of sending of the email, which time and date are specified in the email. If you wish to report any difficulties with using the Services please use the ‘Contact Us’ page on the attheraces.com website.
10. If we fail to exercise or enforce any right we have under these Terms and Conditions such failure will not be deemed to be a waiver of that right nor will it prevent us exercising or enforcing that right on a later occasion.
12. We will not be liable to you for any breach of these Terms and Conditions by us due to any cause beyond our reasonable control.
13. We reserve the right to vary and/or update these Terms and Conditions and impose new conditions at any time. Updated or revised Terms and Conditions will be posted on this website and can be viewed by you at any time. We recommend you check back regularly to ensure you are aware of any changes. Changes to the Terms and Conditions will be deemed to have been accepted by you if you continue to access any of the Services from the date the updated Terms and Conditions are so posted.
14. We may assign or transfer all or any of our rights and obligations under these Terms and Conditions to a group company or other third party. These terms and conditions (as amended by us from time to time) constitute the entire agreement between us and you with respect to this subject-matter and excludes any representations or warranties previously given or made other than any fraudulent misrepresentation and it may be amended only by us on notice to you.
15. These Terms and Conditions and your access to and use of Services are subject to the laws of England and Wales and you submit to the exclusive jurisdiction of the courts of England and Wales.
At The Races
Attheraces Limited is a company registered in England and Wales (registration no. 3896585) with its registered office at Millbank Tower, 21-24 Millbank Tower, London SW1P 4QP . If you wish to contact ATR by post, please write to us at this address or email email@example.com