Terms of Use

Part I – LEGAL REQUIREMENTS OF USE OF THIS WEB SITE

Prior to your accessing of this web site ("Web Site"), You, the user ("You" or the "User"), shall closely review the general terms and conditions of use of this Web Site ("Terms of Use") applicable to all users of this Web Site, and the privacy policy of this Web Site ("Privacy Policy"), each of which are set out below. If You do not agree with these Terms of Use and Privacy Policy, do not access this Web Site or any pages thereof for any purpose. Your access to, and use of, this Web Site is evidence of, Your acceptance of the Terms of Use and Privacy Policy and to all applicable laws, statutes and ordinances. You must use this Web Site in accordance with all applicable international, federal, state and local laws and may not post or transmit anything that would give rise to any civil or criminal liability for any party or otherwise violate any law.

The materials made available in this Web Site, including materials in linked web sites directly or indirectly accessible from this Web Site, are provided "as is" without warranties of any kind, either express or implied.

If You do not agree to the Terms of Use and Privacy Policy, please exit and make no attempts to use this Web Site. Magna Entertainment Corp. ("MEC") reserves the right to modify or alter the Terms of Use and Privacy Policy at any time and any use of this Web Site will be governed by the Terms of Use and Privacy Policy posted on this Web Site at that time.

Part II – TERMS OF USE APPLICABLE TO ALL USERS OF WEB SITE

WEB SITE CONTENT
1. Third Party Content
  
  Various types of information available on this Web Site have been provided by third party information suppliers that are independent of MEC. This information may include the views, opinions, and recommendations of such third parties. MEC neither endorses such views or opinions, nor is responsible for the availability, accuracy, currency or reliability of such information including, but not limited to, wagering and race information, and the inclusion of such views or opinions is not intended to provide advice or constitute a solicitation. At no time shall anything contained on this Web Site be deemed an endorsement or recommendation of any third party or shall constitute any representation as to a third party's qualifications, services, products, offerings, information or any other content. You acknowledge that under no circumstances will MEC be liable for any loss or damage caused by Your reliance on such third party information.
2. Hyperlinks
  
  This Web Site directly or indirectly provides content, hyperlinks and references to external third party web sites, including, without limitation, the web sites and material of third party gaming authorities and gaming establishments. The materials that can be accessed from such web sites are not maintained by MEC and we are not responsible for the content thereof. MEC neither endorses nor is responsible for the availability, accuracy, currency or reliability of any information, statement, opinion or advice contained in such third party web sites or materials. You acknowledge that under no circumstances will MEC be liable for any loss or damage caused by Your reliance on information through a third party web site. At no time shall anything contained on this Web Site be deemed an endorsement or recommendation of any third party or to constitute any representation as to a third party's qualifications, services, products, offerings, information or any other content.
COPYRIGHT & TRADEMARKS

Unless otherwise indicated, the documents and information, including, but not limited to, text, graphics, icons, logos, buttons and images, on this Web Site are copyrighted materials of, trademarks of, and owned and controlled by MEC, its subcontractors, or the party credited as the provider of the content. Reproduction or storage of documents and information from this Web Site is subject to the U.S. Copyright Act of 1976, Title 17 U.S.C. and other international copyright laws. All software used on this Web Site is the property of MEC, its subcontractors or its software suppliers and is subject to U.S. and international copyright law. You may not modify, decipher, de-compile, disassemble or reverse engineer any of the software comprising or in any way making up a part of this Web Site. You may not reuse, reproduce, modify, distribute, transmit, republish, display, publish or perform any of the content of this Web Site without the express written permission of MEC.

This Web Site may also contain third party trademarks and service marks used under license by MEC. All such marks are the property of their respective holders.
DISCLAIMER & LIMITATION OF LIABILITY

MEC uses reasonable efforts to maintain this Web Site but is not responsible for the results of any defects, outages, interruptions, viruses or other harmful components that exist in this Web Site. You should not assume that this Web Site or its content is error-free or that it will be suitable for the particular purpose that You have in mind when using it.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MEC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. MEC WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEB SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, AND CONSEQUENTIAL DAMAGES, OR LOSS OF REVENUE OR PROFITS, WHETHER FORESEEABLE OR NOT, ANY FAILURE BY MEC TO PROVIDE ACCESS TO OR USE OF THIS WEBSITE, OR ANY OTHER CAUSE WHATSOEVER.

MEC may, in its sole discretion and at any time, modify or discontinue this Web Site. In the event the foregoing disclaimer and limitation of liability is held to be unenforceable for any reason including by operation of law, then MEC's maximum liability for any of the foregoing types of damages shall be limited to $100.00.
PROPRIETARY DATA/AUDIO VIDEO

All systems, programs, records, statistics, data, documentation of either an audio or visual nature, and any other material utilized or developed by MEC, its subcontractors, or the party credited as the provider of the content, in connection with this Web Site are and shall remain the sole property of MEC or any third-party licensor of MEC. All rights, title to, and interest in, including copyrights and renewals thereof, all systems, programming, records, statistics, data, documentation, operator's manuals, components, and accessories comprising the system furnishing the services hereunder and provided by MEC or its licensor at all times.
CONTACTING THE WEB SITE

General and specific inquiries regarding these Terms of Use should be directed to:
Email: info@marylandracing.com
Tel: (410) 542- 9400 or (877) 206-8042

PART III – PRIVACY POLICY

This Privacy Policy was last updated on April 7, 2009

MEC respects your individual privacy. This privacy policy (the "Privacy Policy") embodies our commitment to its protection through adherence to fair electronic information practices. This Privacy Policy puts You in control of how your personal information is processed. You have our promise that we will not electronically process your personal information in any way that is incompatible with this Privacy Policy.

COLLECTION AND USE OF PERSONAL INFORMATION

We use information about You to ensure we also use the information we collect to monitor and improve our internal operations, as well as to improve the experience of users in our network of web sites. For example, we may correlate Web Site traffic information with data about individual users. This data helps us to determine how much our customers use parts of this Web Site, allowing us to enhance it to fit the needs of as many of our customers as possible. We may also break down overall usage statistics according to customers' domain names, browser types, and MIME types by reading this information from the browser string (information contained in every user's browser). MEC owns and operates this Web Site. MEC does not collect personal information about You except when You provide it to MEC on a voluntary basis.

Personal information is collected from You at this Web Site when You complete a survey, contest registration, request to be notified or request information, products or services. The personal information collected by MEC includes your name, address, e-mail address, profile data and other demographic information (including your zip code, age, gender or income level). Your contact information is used to contact You when necessary. It is also used to identify what future products or services You may require. All information remains within MEC and its affiliates and is not sold to other companies. We use the information we collect to direct important notices and information affecting your Account or services on this Web Site as well as to provide general information that may be of interest to You which may include newsletters, surveys, contest announcements, and information about our service or product offerings or the offerings of our business affiliates. You may opt-out of receiving information from us simply by notifying us at (410) 542-9400 or (877) 206-8042 or by emailing us at info@marylandracing.com or in accordance with the opt-out instructions contained in any information message You receive from us. MEC reserves the right to provide Your personal information to a company or individual employed by MEC to perform functions on its behalf, to another company or person for the development, enhancement, marketing or provision of MEC's products or services, to an agent or third party retained by MEC in connection with MEC'S administration or the provision of MEC's products or services. If MEC provides Your personal information to a third party then that third party will be subject to the highest level of confidentiality with respect to Your personal information. We destroy customer information that is no longer necessary for the purpose for which it is collected unless there is a legitimate request or order to inspect the information still outstanding or the information remains in routine records that are periodically discarded under our document retention policies. The information You have provided us is maintained in our management information system, and is updated as new information is added.

LINKS

This Web Site contains links to other web sites. You understand and agree that your use of such third party web sites will be governed by the privacy policies of those web sites and not by this Privacy Policy. MEC is not responsible or liable for the privacy practices or the content of such web sites.

PUBLIC FORUMS

Please be aware that any information (personal or otherwise) that is disclosed online makes that information public information. You should exercise caution when deciding to disclose your personal information online. MEC is not responsible for personally identifiable information posted on such message boards or chat rooms.

SECURITY

MEC will maintain security measures in place in order to attempt to protect against the loss, misuse and alteration of the personal information under our control. All data is kept on secure database servers kept separately from the web servers, which are all behind a firewall with very restrictive access Please be advised, that the Internet and other various networking communication mediums are not secure, unless explicitly specified as such, and may be subject to interception or loss which is beyond the control of MEC. Also be advised that the security, integrity and privacy of any and all information and data exchanged between You and MEC through this Web Site cannot be guaranteed.

MEC will not monitor, edit or deliberately disclose the contents of your private communications or files, however, in circumstances where we inadvertently obtain information that appears to pertain to the commission of a crime or where we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person exists, MEC may voluntarily disclose the record or the contents of your communications or other information about you to law enforcement agencies and governmental entities without providing you advance notice or as required by law.

CHILDREN'S GUIDELINES

This Web Site is not intended for children. MEC will not knowingly collect information from children.

CHANGES TO POLICY

MEC shall periodically review the appropriateness of this Privacy Policy and shall make, at its sole discretion, such changes or modifications as may be necessary.

OPT-OUT/ACCESS TO INFORMATION

If You desire access to your own personal information, such as your address and contact information, to correct existing personal information, or to remove your personal information, please contact us at (410) 542-9400 or (877) 206-8042 or by e-mailing us at info@marylandracing.com. You may change this information at any time and as often as necessary. If You request removal or deletion of your personal information, You acknowledge that residual information may continue to reside in MEC's records and back-ups.

CONTACTING THE WEB SITE

General and specific inquiries regarding Privacy Policy should be directed to:
Email: info@marylandracing.com
Tel: (410) 542-9400 or (877) 206-8042