Terms & Conditions of USE
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
2. MODIFICATIONS TO TERMS OF SERVICE
4. DESCRIPTION OF THE SERVICES
5. PERSONAL INFORMATION
6. USERNAME, PASSWORD, AND SECURITY
7. DISCLAIMER OF WARRANTIES
8. LIMITATION OF LIABILITY
9. ACCURACY OF INFORMATION
11.PROPRIETARY RIGHTS TO CONTENT
13.MODIFICATIONS AND DISCONTINUANCE OF THE SERVICES
14.TERM AND TERMINATION
www.EclipseFile.com ("the Site") is a web site developed by Eclipse Management (Newmarket) Limited (referred to herein as "EclipseFile.com"). By entering the Site you are deemed to have accepted the terms and conditions below.
Please read this agreement carefully as it sets out your rights and obligations with respect to use of EclipseFile.com and its Services.
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE Back to top
(a) EclipseFile.com, which is owned and operated by Eclipse Management (Newmarket) Limited, provides free access to parts of the site and also provides subscription services (the "Services"). The Services (free and subscription based) are provided to you (the "User") under the terms and conditions of the Terms of Service ("TOS") and any operating rules or policies that may be published from time to time by EclipseFile.com. The TOS comprise the agreement between User and EclipseFile.com and supersede all prior agreements between the parties. The services and information provided by EclipseFile.com are purely for your personal, non commercial use only.
2. MODIFICATIONS TO TERMS OF SERVICE Back to top
EclipseFile.com reserves the right to modify the terms and conditions of the TOS at any time and at its sole discretion and without notice to you. By continuing to use the Services, User agrees to be bound by the amended TOS.
3. SUBSCRIPTION Back to top
The Premium Content services are subscription-based services and User must register and pay a subscription to gain access to these Services. The subscription fee is determined by EclipseFile.com and can be subject to change at any time at its sole discretion. User registers and accepts that access may involve third party fees (such as internet service provider or phone charges and may be covered by terms and conditions of the supplier of such services).
4. DESCRIPTION OF THE SERVICES Back to top
The subscription to any of the Services is personal to the User and may not be transferred or assigned. User agrees to pay all fees and charges including applicable taxes for the services. In order to pay for the service/s you must provide Secpay, EclipseFile.com's credit card processing service provider (in association with Barclaycard Merchant Services), with valid credit card information and by providing such information User thereby authorises Secpay to charge the relevant fees displayed at the time of the transaction on behalf of EclipseFile.com.
User must: (a) provide all equipment, including a computer and modem, necessary to establish a connection to the Web; (b) provide for User's own access to the Web and pay any telephone or other connection and service fees associated with such access. (c) pay the Services fees as determined by EclipseFile.com from time to time.
o 4 (a) Advertising
EclipseFile.com may serve advertisements to the site or work with a third party to serve the advertisements. Advertisements placed on the EclipseFile.com site may include but are not limited to banner ads, paid links, pop-up windows, buttons, and sponsorships.
o 4 (b) User agrees that EclipseFile.com has the right to run such advertisements and promotions. User correspondence or business dealing with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other representations associated with such dealings, are solely between you and such advertiser. You agree that EclipseFile.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.
o 4 ( c) E-mail Marketing
EclipseFile.com and/or third parties may, from time to time, send e-mail messages to User containing advertisements, special promotions, and other marketing subject to User's permission. User must decide to "opt-out" of our e-mail services during the registration process or at a later stage using the Edit Profile function or through a link on the promotion if they do not wish to receive any e-mail services, newsletters, special promotions or other marketing materials ("Opt-out E-mail Programmes"). EclipseFile.com has the right to partner with any e-mail marketers to provide these E-mail Marketing Programmes or Opt-out E-mail Programmes.
5. PERSONAL INFORMATION Back to top
(a) In consideration for the Services, User agrees to: (a) provide certain current, complete, and accurate information about User as prompted to do so by the Services and (b) maintain and update this information as required to keep it current, complete and accurate using Edit Profile button. All information requested on original sign up shall be referred to as registration information (hereafter referred to as "Registration Information"). This Registration Information will be owned by EclipseFile.com and any of its co-branding partners if applicable. If any information provided by User is inaccurate, EclipseFile.com retains the right to terminate User's membership and rights to use the Services.
(b) For the avoidance of doubt, User grants EclipseFile.com the right to disclose to e-mail marketers referred to in Section 4(c) all information provided during subscription to E-mail Marketing Programmes or Opt-out E-mail Programmes. Users may "opt- out" of these e-mails directly at any time. EclipseFile.com does not make any representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and User agrees that EclipseFile.com shall not have any liability with respect thereof.
6. USERNAME, PASSWORD, AND SECURITY Back to top
User is entirely responsible for maintaining the confidentiality of User's password and Username, and for any and all activities which occur under User's account or password. User agrees to immediately notify EclipseFile.com of any unauthorised use of User's account, password, or any other breach of security known to User. User may change his/her password or profile by using the Edit Profile button.
7. DISCLAIMER OF WARRANTIES Back to top
a. EclipseFile.com provides the Services on an "as is" and "as available" basis, and User uses such Services at his/her sole risk.
b. EclipseFile.com shall not be responsible for the effect or result of the introduction or entry of any virus into one or any of the Services.
c. EclipseFile.com makes no warranty that the Services will meet User's requirements, or that the Services will be uninterrupted, timely, secure, or error free; nor does EclipseFile.com make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy or reliability of any information obtained through the Services or that defects in the Services will be corrected.
d. EclipseFile.com expressly disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
e. User understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the Services is done at User's own discretion and risk. EclipseFile.com is not responsible for User's computer system or loss of data that results from the download of such material and/or data.
f. EclipseFile.com makes no warranty regarding any goods or services purchased or obtained through the Services or any transactions entered into through the Services.
g. No advice or information, whether oral or written, obtained by User from EclipseFile.com shall create any warranty not expressly made herein.
8. LIMITATION OF LIABILITY Back to top
EclipseFile.com will not be liable for any loss of use, interruption of business, or any direct or indirect, special, incidental, or consequential damages of any kind (including but not limited to lost profits) regardless of the form of action, whether in contract, tort (including negligence) strict product liability, or otherwise, even if EclipseFile.com has been advised of the possibility of such damages.
9. ACCURACY OF INFORMATION Back to top
Neither EclipseFile.com nor any of its data providers or affiliates make any warranties expressed or implied, as to the accuracy, adequacy, quality or fitness for any particular purpose of the information or the services for a particular purpose or use and all such warranties are expressly excluded to the fullest extent that such warranties may be excluded by law. EclipseFile.com does not control all of the Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content.
10. INDEMNIFICATION Back to top
User agrees to indemnify, defend (at EclipseFile.com's request), and hold EclipseFile.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable legal expenses, made or brought by any third party due to or arising out of User's use of the Services or any part thereof, the violation of this TOS or any provision therein by User, or the infringement or misappropriation by User, or a third party using User's computer, account or password to access and/or use the Services, of any Intellectual Property Rights of any person or entity, or the use or misuse by the User or third parties of User's passwords or accounts.
11. PROPRIETARY RIGHTS TO CONTENT Back to top
User acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements, or Internet-distributed, commercially produced information presented to User by the Services ("Content") by EclipseFile.com, EclipseFile.com's advertisers, or other EclipseFile.com Users may be protected by copyrights, trademarks, patents or other proprietary rights and laws; therefore, User is only permitted to use this protected Content as expressly authorized by the owner of the Content ("Owner"), the Services or the Advertiser. User may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Owner, the Services or the Advertiser.
UK Racing and Breeding Information supplied by Weatherbys Group Ltd. UK Racing Information © Copyright of British Horseracing Board. All rights reserved.
Irish racing data © Horse Racing Ireland.
12. NOTICE Back to top
All notices to a party shall be in writing and shall be made by conventional mail.
13. MODIFICATIONS AND DISCONTINUANCE OF THE SERVICES Back to top
EclipseFile.com reserves the right at its sole discretion to modify or discontinue the Services, or any portion thereof, at any time, with or without notice to User. EclipseFile.com shall not be liable to User or any third party should EclipseFile.com exercise its right to modify or discontinue the Services. No refunds will be granted to Users in this instance.
14. TERM AND TERMINATION Back to top
a. EclipseFile.com reserves the right to terminate all or part of the Services at any time. No refunds will be issued. Either User or EclipseFile.com may wish to discontinue the Services with or without cause at any time, effective immediately upon written e-mail notice to the other party. EclipseFile.com shall not be liable to User or any third party for termination of the Services or any part thereof. Should User object to any terms and conditions of the TOS or any subsequent modifications thereto or become dissatisfied with the Services in any way, User's only recourse is to immediately discontinue use of the Services.
b. EclipseFile.com reserves the right to terminate a User's account following the expiry of the his/her subscription period but to retain all information including User's registration information for future marketing use unless the User had already Opted Out at the time of expiry of his/her subscription. The Username will subsequently be made available for purchase by a different User.
15. LAW Back to top
The TOS shall for all purposes be governed by and interpreted in accordance with the English Law.
16. ASSIGNMENT Back to top
No right may be assigned, and no duty may be delegated, by User under this Agreement except upon the written consent of EclipseFile.com and any attempted assignment and delegation without such consent shall be void and without effect. EclipseFile.com shall be entitled to assign this agreement. This TOS shall be binding upon the parties hereto and their respective representatives, heirs, administrators, successors and permitted assigns except as otherwise provided herein.
17. SEVERABILITY Back to top
If any provision(s) of the TOS is/are held by a court of competent jurisdiction to be contrary to law, or otherwise invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
18. WAIVER Back to top
Any waiver (express or implied) by either party of any breach of this TOS shall not constitute a waiver of any other or subsequent breach. No provision of the TOS will be waived by any act, omission or knowledge of a party or its agents or employees except by an instrument in writing expressly waiving such provision and signed by a duly authorised officer of the waiving party. In particular, but without prejudice EclipseFile.com's failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by EclipseFile.com in writing.
We are committed to protecting the personal information you give us, telling you how we use the information we gather about you and getting your consent to the disclosure of your personal information by us.
INFORMATION ABOUT YOU
We collect your information when you fill the registration form on our web site. The type of information we collect may include, for example, your name, mailing address, email address, telephone numbers, gender, preferences etc. You may also be asked to give your credit/debit card details in a secure area of the website, but these are NEVER stored or seen by anyone at Eclipse Management (Newmarket) Limited. This data is used by Secpay and Barclaycard Merchant Services independently.
We collect information about your use of our sites' web site services through "cookies". Cookies are blocks of text placed in files on your computer's hard drive when you visit a website which contain information to identify you. A cookie does not contain any personal information you have provided us with, except your user name or email address, unless the cookie is attached to personal information collected another way, such as by means of your online registration form.
HOW WE USE THIS INFORMATION Back to top
We may use information about you to help us improve content of the site for you. It can also help us to choose other services we think will interest you. The same information helps us sell space to advertisers you can continue to use parts of the site for free.
In addition to the services we provide on this web site we want to offer you goods and services provided by us and others (with your consent) which are of interest to you.
We compile anonymous records of user trends which we may make use of ourselves.
We will not supply your personal information to third parties for marketing activities without your consent. At any time, as a registered user you decide that you no longer wish to receive marketing communication or information from us or our associated companies or no longer want us to pass your information to third parties you can always OPT OUT using the Edit Profile option on the website.
HOW WE ENSURE THE PRIVACY OF YOUR INFORMATION Back to top
We endeavour to ensure that your data is stored securely and to prevent unauthorised access. We have security measures in place to protect your information. However, we cannot guarantee that your information will remain at all times 100% secure because of the nature of the Internet. The continuing efforts of hackers to defeat even the newest of security systems means that we can never make this promise.
DATA PROTECTION ACT 1998
We comply with the Data Protection Act 1998 and the Regulation of Investigatory Powers Act 2000 and all other legislation which governs the maintenance of privacy in your information. We also require compliance with such legislation by third parties with whom we have arrangements to offer goods or services through our web sites.
DISCLOSING YOUR INFORMATION TO THIRD PARTIES Back to top
The personal information you give us is only disclosed to other businesses if we have your permission.
We WILL disclose your personal details to the Police or another regulatory body if we are asked to do so or wish to do so in order to comply with the law or in relation to any suspected misuse by you of our web site or any of our web site services.
We endeavour to prevent unauthorised disclosures of your personal information by other people, but we are not responsible for any unauthorised disclosures or other breaches of security or for the actions of others if the information was passed to them with your authority or with the authority of anybody other than us.
© Copyright 1987 - 2004 Eclipse Management (Newmarket) Limited