Breeder's Cup Shop Terms and Conditions
Permitted Users of this Site
This Site is intended to be used and accessed by people who are of legal age to purchase and consume alcohol. If you are of legal age in your country of residence and the country from which you are accessing this Site, please continue. If you are not, please exit this Site immediately.
Rights to Contents and Intellectual Property
The copyrights to all materials, content and lay-out of this Site (including text, user and visual interfaces, images, look and feel, design, sound, etc. and any underlying software and computer codes) are proprietary to Upper Right Marketing, its parents, affiliates, subsidiaries, or third party licensors. You may not copy, reproduce, post on any other website, republish, upload, encode, modify, translate, publicly performor display, commercially exploit, distribute or transmit any portion of this Site or make any derivative works from this Site in any way without Upper Right Marketing's express prior written consent.
Any name, logo, trademark, service mark, patent, design, copyright or other intellectual property appearing on this Site is owned or licensed by Upper Right Marketing or its parents, affiliates or subsidiaries and may not be used by you without the prior written consent of Upper Right Marketing or the appropriate owner. Your use of this Site does not grant you any right, title, interest or license to any such intellectual property appearing on the Site.
Any unauthorized use of the content of this Site may subject you to civil or criminal penalties.
Use of this Site
Upper Right Marketing maintains this Site for your personal purchases, entertainment, information and education. You should feel free to browse the Site and may download material displayed on the Site for non-commercial, lawful, personal use only provided all copyright and other proprietary notices contained on the materials are retained and such information is not modified, copied or posted on any networked computer or broadcast in any media. All other copying (whether in electronic, hard copy or other format) is prohibited and may breach intellectual property laws and other laws world-wide. All commercial use of all or part of this Site is prohibited except with Upper Right Marketing's express prior written consent. All rights not expressly granted here are reserved to Upper Right Marketing. You may not use any computer program tools including, but not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic device, program, algorithm or methodology, or any similar or equivalent manual process ("Tools") to access, acquire, copy or monitor any portion of the Site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content, to obtain or attempt to obtain materials, documents or information through any means not purposely made available through the Site. Tools that use the Site shall be considered agents of the individual(s) who control or author them.
UPPER RIGHT MARKETING DOES NOT PROMISE THAT THIS SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, NON-INFRINGEMENT OR ACCURACY.
Upper Right Marketing also assumes no responsibility, and shall not be liable for any such damages caused by viruses or other forms of contamination or destructive features that may affect your computer equipment, software, data or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, text, images, video or audio from the Site or any linked sites.
Limitation of Liability
In no event shall Upper Right Marketing, its parents, affiliates, subsidiaries and services providers, or the officers, directors, employees, shareholders, or agents of each of them, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive or consequential damages, including lost profits, whether or not advised of the possibility of such damages, and on theory of liability what so ever, arising out of or in connection with the use or performance of, or your browsing in, or your links to other sites from, this Site. You acknowledge by your use of the Site, that your use of the Site is at your sole risk. Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages; if these laws apply to you, some or all of the above disclaimers may not apply, and you might have additional rights.
You agree to defend, indemnify and hold Upper Right Marketing harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees, arising from or related to your use of the Site.
On-Line Stores; Promotions
Pricing for Gift Shop
All prices are listed in U.S. dollars.
GROUND SHIPPING: You can expect delivery, via UPS or USPS Ground service within 6-9 business days from the day you place your order (West Coast orders and those to Alaska and Hawaii may take slightly longer).
Orders outside the U.S. must be placed through our customer service department by calling: 1-888-526-1177. Office hours are between 9:00 am and 5:00 pm EST.
PLEASE NOTE: Deliveries require the signature of someone 21 years of age or older.
Questions about your order? For all customer service inquiries please call between 8:30 am and 5:00 pm EST: Toll-free (888) 526-1177.
Returns: Please e-mail us at firstname.lastname@example.org if you experience a problem with your shipment.
Communications with this Site
You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law. Upper Right Marketing will fully cooperate, including but not limited to, maintaining and disclosing any transmittals or communications that you have had with the Site, disclosing your identity or helping to identify you, with any applicable law or regulation, law enforcement authorities, court order or governmental authority.
Any communication or material you transmit to the Site by e-mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non confidential and non-proprietary. Upper Right Marketing cannot prevent the "harvesting" of information from this Site, and you may be contacted by Upper Right Marketing or unrelated third parties, by e-mail or otherwise, within or outside of this Site. Anything you transmit may be edited by or on behalf of Upper Right Marketing, may or may not be posted to this Site at the sole discretion of Upper Right Marketing and may be used by Upper Right Marketing or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Upper Right Marketing is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose what so ever including, but not limited to, developing, manufacturing and marketing products using such information. If you transmit any ideas, concepts, materials or other communications to this Site, you accept that it will not be treated as confidential and may be used by Upper Right Marketing without compensation in any manner what so ever, including without limitation reproduction, transmission, publication, marketing, product development, etc.
Although Upper Right Marketing may from time to time monitor or review discussion, chats, postings, transmissions, bulletin boards, and the like on the Site, Upper Right Marketing is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. Upper Right Marketing assumes no responsibility or liability for any actions or communications by you or any unrelated third party within or outside of this Site.
Notice and Procedure for Making U.S. Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide a Notice with the following information to the Site's Copyright Agent:
* An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
* A description of the copyrighted work that you claim has been infringed;
* A description of where the material that you claim is infringing is located on the Site;
* Your address, telephone number and e-mail address;
* A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, it's agent or the law;
* A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Breeders' Cup Shop's Copyright Agent for Notice is:
Upper Right Marketing
838 East High Street, Suite 165
Lexington, KY 40502
We may give notice to our users by means of a general notice on our Site, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated Copyright Agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Upper Right Marketing may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
At its sole discretion, Upper Right Marketing may modify or discontinue the Site, or may modify or terminate your account or your access to this Site, for any reason, with or without notice to you and without liability to you or any third party.
User Name and Password
You acknowledge and agree that you are responsible for maintaining the confidentiality of your user name and password. You shall be responsible for all uses of your membership, whether or not authorized by you. You agree to immediately notify Upper Right Marketing of any unauthorized use of your user name or password or any other breach of security.
Unaffiliated Products and Sites
Descriptions of, or references to, products, publications or sites not owned by Upper Right Marketing or its affiliates do not imply endorsement of that product, publication or site. Upper Right Marketing has not reviewed all material linked to the Site and is not responsible for the content of any such material. Your linking to any other sites is at your own risk.
United States Governing Law; Void Where Prohibited
This Site shall be governed by, and your browsing in and use of the Site shall be deemed acceptance of and consent to, the laws of the State of Kentucky, United States of America, without regard to principles of conflict of laws. Notwithstanding the foregoing, this Site may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or services do not imply that they are appropriate or available to all persons of legal purchasing age in all locations, or that Upper Right Marketing intends to make such products or services available in such countries. Any offer for any product, feature, service or Application made on this Site is void where prohibited. Your information will be transferred Upper Right Marketing located in the State of Kentucky, United States, which location may be outside of your own country, and by providing us with your information, you are consenting to such transfer. Although we will use all reasonable efforts to safeguard the confidentiality of any personal information collected, we will not be liable for disclosure of personal information obtained due to errors in transmission or the unauthorized acts of third parties. This policy is effective as of April 24, 2007
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