TERMS AND CONDITIONS

HollywoodRaces.com Terms and Conditions

1. Introduction

2. Privacy

3. Services

4. Eligibility for the Services



Part I – Terms Specific to Wagering Activities

5. Account Creation

6. Depositing Funds

7. Transmitting Wagers

8. Wager Cancellation

9. Live Videos, Race Replays and other Special Features

10. Withdrawing Funds

11. Tax Reporting and Withholding

12. Account Security and Account Holder Responsibilities

13. Use of Equibase Data and Products

14. Closure of Accounts

15. Disclaimer; Limitation of Liability

16. Self-Exclusion



Part II – Important Terms Applicable to All Services, Content and Users

17. Connectivity, Communications

18. Copyright; Trademarks

19. User Content and Conduct

20. Links; Third Party Websites

21. Virtual Goods

22. Disclaimer; Limitation of Liability

23. Indemnification

24. Service Usage; Termination of Usage

25. Applicable Law; Jurisdiction; ARBITRATION; Dispute Resolution

26. Copyright Policy



Part III – Important Notices and Terms of Agreement

27. Filtering

28. Rules for Sweepstakes, Contests, Raffles, Surveys and Similar Productions

29. Severability; Interpretation

30. Entire Agreement

31. Miscellaneous

32. Contact Information for Customer Service


1. Introduction


HollywoodRaces.com provides customers with the ability to create, access and use advance deposit accounts for pari-mutuel wagering (each an “Account”). Accounts are intended for personal use only and only by individuals who satisfy the eligibility requirements relating to residency, age, and other criteria in Section 4. Please read Part I closely for additional restrictions on your use of an Account for any pari-mutuel wagering.

This Terms of Service Agreement (“Agreement”) is an agreement between you (“you” or “User”) and eBet Technologies, Inc., Penn ADW, LLC Mountainview Thoroughbred Racing Association, LLC, Penn National Turf Club, LLC, Plainville Gaming and Redevelopment, LLC and their respective parents, subsidiaries, affiliates, members, developers, and other partners (collectively, “the Company”, “we”, or “us”). This Agreement governs the creation of and access to your Account, the use of your Account for all wagering activities whether through HollywoodRaces.com, via telephone call, or in person at the licensed race track, and your access and use of HollywoodRaces.com for all other purposes (collectively, the “Services”). As used herein, “HollywoodRaces.com” shall include all related web pages, interactive features, applications, widgets, blogs, call center, and mobile applications, and their respective contents, whether accessed via computer, mobile device, telephone call or other technology.



By using the Services, you agree to be bound by the terms and conditions contained in this Agreement. If you do not agree to the terms and conditions contained in this Agreement, you may not access or otherwise use the Services. In addition, when using particular services or features or making purchases on the Services, you shall be subject to any posted guidelines or policies applicable to such services, features or purchases that may be posted from time to time. All such guidelines or policies are hereby incorporated by reference into this Agreement.

NOTICE REGARDING DISPUTE RESOLUTION: This Agreement contains provisions that govern how claims you and we have against each other are resolved (see Section 25 below), including an obligation to arbitrate disputes, which will, subject to limited exceptions, require you to submit claims you have against us to binding arbitration, unless you opt-out in accordance with Section 25 below.


2. Privacy

Use of the Services is subject to the terms of our Privacy Policy which is hereby incorporated into and made part of this Agreement. Please carefully review our Privacy Policy. By using the Services, you acknowledge that you have read, and you agree to be bound by, the terms of our Privacy Policy. We reserve the right, and you authorize us, to use information regarding your use of the Services, account registration, and any other personal information provided by you in accordance with our Privacy Policy. You further acknowledge and agree that any disputes related to the Privacy Policy, including any breaches in security or privacy, will be subject to the limitations on liability and dispute resolution provisions contained in this Agreement.

3. Services

The Services are managed by eBet Technologies, Inc. in consultation with Penn ADW, LLC, Mountainview Thoroughbred Racing Association, LLC, and Penn National Turf Club, LLC. and Plainville Gaming and Redevelopment, LLC. eBet Technologies, Inc., (the “Oregon Licensee”) is licensed by the Oregon Racing Commission as a Multi-Jurisdictional Simulcasting and Interactive Wagering Totalizator Hub operator. Penn ADW, LLC is approved by the Oregon Racing Commission as an affiliate of eBet Technologies, Inc. Mountainview Thoroughbred Racing Association, LLC, and Penn National Turf Club, LLC (the “Pennsylvania Licensees”) are each licensed by the Pennsylvania State Horse Racing Commission. Plainville Gaming and Redevelopment, LLC is licensed by the Massachusetts Gaming Commission.

In accordance with this Agreement, Account Holders (defined in Section 5 below) may use HollywoodRaces.com to create an Account at and transmit wagering instructions to either the Oregon Licensee or Pennsylvania Licensees. Accounts for Pennsylvania residents and wagers from such accounts will be established with and accepted by the Pennsylvania Licensees. Accounts for all other Account Holders and wagers from such accounts will be established with and accepted by the Oregon Licensee. HollywoodRaces.com does not accept wagers.

You understand and agree that the materials and information made available on HollywoodRaces.com, including materials and information in linked web sites directly or directly accessible from HollywoodRaces.com, are provided “AS IS” and “AS AVAILABLE”, without warranties of any kind, express or implied. We assume no responsibility for the timeliness or accuracy of information posted on HollywoodRaces.com. In addition, the Services are subject to all applicable state and federal law.

4. Eligibility for the Services

By entering into this Agreement, you certify that you are (i) fully able and competent to enter into this Agreement, (ii) at least 18 years of age, and (iii) a legal U.S. resident in one of the U.S. States in which residents are permitted to create an Account and use the Services (each a “Permitted U.S State”). In addition, you certify that you are not on any self-exclusion lists where individuals named therein are prohibited from playing casino or pari-mutuel games. If you are accessing the Services from a mobile device, you may be required to turn on location services on your mobile device and for the mobile application to use some of the Services.

The Permitted U.S. States and any additional eligibility restrictions applicable to residents of such jurisdictions are established in our Eligibility Policy which is available and kept current here. You acknowledge and agree that the list of Permitted U.S. States and any additional eligibility restrictions applicable to residents of such jurisdictions may be subject to change from time-to-time without further notice to you and in our sole discretion. You further agree to only transmit wagering information from Permitted U.S. States.

We reserve the right to verify your eligibility at any time. We further reserve the right to limit the availability of the Services to the territory of any particular countries, provinces, or states without further notice to you and in our sole discretion. We further reserve the right to terminate the Services in whole or in part, or to terminate or deny you access to the Services, at any time in our sole discretion.

Part I – Terms Specific to Wagering Activities

5. Account Creation

You are required to establish an Account in order to take advantage of certain features of the Services, including all wagering activities. This account is limited to your personal use and may not be transferred or assigned to any other person. If you provide information on the Services, you agree to (a) provide true, accurate, current and complete information about yourself requested by the Company and (b) maintain and promptly update such information to keep it true, accurate, current, and complete. If you provide any information that is false, inaccurate, outdated or incomplete, or the Company has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, the Company has the right to suspend or terminate your Account and prohibit any and all current or future use of the Services (or any portion thereof) by you.

When establishing an Account, you must:

  • Read and agree to abide by all of the terms and conditions set forth in this Agreement
  • Provide all of the following personal information: your full legal name, residential mailing address, social security number, date of birth, phone number, driver’s license number (or another government ID number acceptable to us), and any other information requested from time-to-time
  • Create the following log-in information: a unique username, Secret Word, password, and pin
  • Authorize us to use third party services to perform any and all verifications to authenticate your age, residency and other personal information, including (without limitation) from services provided by credit reporting agencies
  • Agree to update your personal information upon any change as soon as possible but in no event later than ten (10) days after such change either by calling Customer Service or updating your personal information in HollywoodRaces.com
  • Agree to pay all charges posted to your Account for the Services provided under this Agreement
  • Acknowledge that funds deposited in your Account bear no interest

If you meet the eligibility criteria and successfully complete the Account creation process, you will become an “Account Holder” subject to all of the terms and conditions applicable to Account Holders under this Agreement.

6. Depositing Funds

You are required to make an initial deposit into your Account of at least $25.00 within 45 days of establishing your Account. Failure to make the minimum initial deposit within 45 days will result in the suspension or termination of your Account.

Deposits may only be accepted from financial accounts in the same name as the Account Holder. You are solely responsible for any fees and charges, including cash advance fees and charges, assessed to you by your bank, credit card or other financial service provider from any deposit into your Account. You further agree that you will have sufficient funds in your applicable financial account for any deposit you attempt to make into your Account.

Deposits to your Account may be made by one or more of the following methods, which may change in our discretion:

  • Online or mobile deposit on HollywoodRaces.com by Automated Clearing House via electronic funds transfer from a bank account
  • Online or mobile deposit on HollywoodRaces.com by Visa or MasterCard credit or debit cards
  • In person cash deposit at any Bank of America branch (regardless of whether you are a customer of Bank of America)
  • In person deposit using cash or ticket vouchers at select Penn National Gaming, Inc. properties at the designated locations on the property
  • Telephone deposit with Customer Service by wire transfer (instructions for wire transfer are available by calling Customer Service)
  • Telephone deposit with Customer Service by Visa or MasterCard credit or debit cards
  • Mailing a personal check, cashier’s check, or money order made payable to “Hollywood Races” to 6130 NE 78th Court, Suite C-4, Portland, OR 97218 (Please note that CASH CANNOT BE ACCEPTED BY MAIL)
  • Such other options that may become available in the future in our sole discretion

Each deposit method may be subject, in our sole discretion, to different (i) fees, (ii) minimum and maximum deposit requirements, (iii) hold periods before the deposit is posted to your Account; and (iv) additional requirements. Such requirements and deposit instructions are available and kept current here. You acknowledge that these requirements and deposit instructions may be subject to change from time-to-time without further notice to you and in our sole discretion and agree to abide by all posted requirements and instructions when depositing funds. You further acknowledge that additional restrictions may be applicable to comply with legal requirements in particular jurisdictions.

In the event that you attempt a deposit that does not clear or that is not honored by your financial institution (“Failed Deposit”), the Company may assess a $25.00 service charge (except for wires returned to the transmitting entity, in which case the Company may assess a $100 processing fee) and reserves its right to recover the funds by any appropriate means, including, without limitation, collection agencies. You further agree to be responsible for and hold harmless the Company for any losses, expenses, damages and costs, including any reasonable attorneys’ fees, incurred by the Company arising out of or related to any Failed Deposit or the Company’s recovery of the funds from the Failed Deposit.

7. Transmitting Wagers

Account Holders may transmit wagers in U.S. dollars on HollywoodRaces.com via the website, mobile application, by telephone call or in person at participating locations. Account Holders may only wager up to the balance in their Account. All approved wager amounts are withdrawn from your Account prior to transmission of the wager. Credits from winning wagers are deposited into your Account after the official results have been posted by the host track.

We reserve the right, at our discretion and without prior notice to you, to cancel or reject any individual wager and/or discontinue, deny or alter the Services offered without creating any obligation or liability to you. Further, we reserve the right to void or cancel wagers where such wagers have been placed on the basis of erroneous data. In the event we cancel or reject any particular wager after withdrawing the wagering amount from your Account, we shall promptly refund the wagering amount to your Account.

Wagering instructions transmitted using your Account are sent into combined pools at the host track, which may have minimum wager or other requirements to accept wagers. In the event wagering instructions are accepted by us but not transmitted or accepted by the host track for any reason (including, without limitation, tote error, track error, communications complications, merge failure or any mechanical, communications or human error), the Company either (i) will accept the wager if it is a straight, exacta, or trifecta wager and pay the official host track pari-mutuel payouts for such winning wagers in the applicable pool; or otherwise (ii) will cancel the wager if it is an exotic wager (any wager other than a straight, exacta, or trifecta wager) and refund the wagering amount to your Account.

In the event multiple “official” prices are posted by the host track (as a result of miscalculation of payoffs by the track, an error by the state judges, or any other reason), we will ascertain the final “official” prices from the host track and will make any adjustment to your Account necessary to correct any incorrect debits or credits made to your Account as a result of receiving the non-final “official” prices.

All HollywoodRaces.com telephone conversations and wagering instructions are recorded and stored. We will address disputes, whether Account or betting related, after a review of any recorded conversations and any record generated. If an Account Holder is not satisfied with the resolution of a dispute, Pennsylvania residents may contact the Pennsylvania State Horse Racing Commission and non-Pennsylvania residents may contact the Oregon Racing Commission.

8. Wager Cancellation

If and to the extent permitted by the applicable host track and/or state regulatory authority, Account Holders may be permitted to transmit instructions to cancel their wager; provided that the wager is no greater than $250. Additional restrictions to cancel wagers may be posted on HollywoodRaces.com from time-to-time. You acknowledge and agree that the restrictions on the wager cancellation feature may be subject to change from time-to-time without further notice to you and in our sole discretion. In addition, we cannot guarantee that cancellation instructions will be effective when submitted and we reserve the right to refuse any wager cancellation request for any reason. We further reserve the right, for any reason in our sole discretion, to suspend this wager cancellation feature for any individual Account Holder or discontinue this wager cancellation feature for all Account Holders. We may suspend or terminate the Account of any Account Holder whom we believe, in our sole discretion, uses the wager cancellation feature to manipulate pools or otherwise abuses the wager cancellation feature.

9. Live Videos, Race Replays and other Special Features

Account Holders may be permitted access to certain live video streaming, race replays and other special features based on their level of activity on HollywoodRaces.com or from their Account based on any criteria that may be required in our sole discretion. We reserve the right to suspend your access to live video streaming, race replays and/or any other special features if you have not or no longer satisfy the criteria established for such features.

10. Withdrawing Funds

Withdrawals from your Account may be requested by one or more of the following methods subject to all posted requirements (including a minimum withdrawal amount), which may change in our discretion:

  • Online or mobile withdrawal on HollywoodRaces.com
  • By calling Customer Service, verifying your identity and requesting a withdrawal
  • Such other options that may become available in the future in our sole discretion

All withdrawals will be processed within approximately five business days of the request by mailing the Account Holder a check made payable to the Account Holder addressed to the Account Holder’s home address on record; provided that there are sufficient funds in your Account for your withdrawal request.

11. Tax Reporting and Withholding

In accordance with applicable U.S. tax withholding laws, any wager resulting in winnings of $600.00 or more must be reported to the Internal Revenue Service, if the amount of winnings is at least 300 times the amount wagered. In addition, any wager resulting in winnings over $5,000.00, is subject to reporting and withholding if the amount of winnings is at least 300 times the amount wagered. All winnings subject to reporting and/or withholding shall be reported and/or withheld by us and a copy of the W2-G Form summarizing the information shall be sent to the Account Holder for tax purposes no later than the last day of January for prior year activity. In addition, you may be subject to additional income withholding requirements based on the applicable law in your state of residency.

You agree to indemnify and hold harmless the Company for any claims, demands, liens or judgments based on your non-payment or underpayment of such taxes. You hereby grant to the Company a priority lien and security interest in all of your right, title and interest in and to the proceeds of any wager to the extent required to satisfy any taxing authority’s claims or liens.

12. Account Security and Account Holder Responsibilities

You are prohibited from transmitting wagers on behalf of another person or allowing any other person to transmit wagers from your Account. In addition, you must protect the confidentiality and security of your Account number, username, Secret Word, password and PIN. You must immediately notify us of any unauthorized use of your Account or any other breach of security by contacting Customer Service. To protect the security of your Account, you must log-out of your Account at the end of each online and mobile session. A mobile session on HollywoodRaces.com may time-out after a period of inactivity. In order to protect your Account from unauthorized access, repeated attempts to access an Account with incorrect log-in information may result in your Account being locked. To unlock your Account you will need to contact Customer Service. For your protection, do not disclose your password, Secret Word or PIN to anyone.

Without limiting the foregoing, you are responsible for all wagering instructions transmitted from your Account. Funds withdrawn from your Account for any such wagering instructions will not be refunded to your Account, including instructions resulting from unauthorized use of your Account prior to your taking steps to prevent such occurrence (i.e. by notifying the Company and changing your log-in information). The Company and its Affiliated Parties (as defined in Section 22 below) are not liable for any loss or damage arising from your failure to comply with this Section.

Account Holders may change or reset their password, Secret Word and/or PIN by calling Customer Service and verifying their identity. In addition, passwords may be changed or reset on HollywoodRaces.com.

13. Use of Equibase Data and Products

The data used to create the Equibase Products and the TrackMaster® Products available to you through HollywoodRaces.com are proprietary to and are copyrighted by Equibase Company LLC and Axcis Information Network, Inc., respectively. Unauthorized copying of such data, including modifications thereof, or the creation of programs or products in which such data have been merged or included with other data programs or products, for distribution to third parties, whether gratuitously or for sale, is expressly forbidden. You may be held legally responsible for any proprietary or copyright infringement that is caused or encouraged by your failure to comply with this Agreement.

You may NOT transfer the Equibase or TrackMaster® Products from one computer to another. You may not distribute copies of the Equibase or TrackMaster® Products to third parties. You may not create derivative works based upon the Equibase or TrackMaster® Products.

The Equibase and TrackMaster® Products are for your use only and may not be transferred to anyone else. In no event may you transfer, assign, rent, lease, sell, or otherwise dispose of the Equibase or TrackMaster® Products on a permanent or temporary basis except as expressly provided for herein.

If you violate any term of this Agreement, Equibase and/or the Company may immediately terminate your right to access the Equibase and TrackMaster® Products in addition to pursuing any other legal remedies available herein or at law.

14. Closure of Accounts

Simply deleting HollywoodRaces.com on your mobile device will not close your Account. Instead, you may close your Account by calling Customer Service. Any funds remaining in an Account will be remitted to the Account Holder by mailing the Account Holder a check made payable to the Account Holder and addressed to the Account Holder’s residential mailing address on record within approximately five business days of the closure. In the event an Account Holder is deceased, funds in the Account Holder’s account shall be released to the decedent’s duly-authorized representative upon receiving a copy of a valid death certificate and other documents as may be required.

We reserve the right to close your Account if you do not transmit any wagering instructions for thirteen (13) consecutive months (an “Inactive Account”) or, in our sole discretion, to assess a $2.00 per month account maintenance service charge until the Account is no longer inactive, the balance reaches zero, or the Account is closed, whichever occurs first. In the event the balance of any funds in an Inactive Account is less than $2.00, the Inactive Account will be closed and the balance will be retained by us as an Account termination processing fee.

We may, in our sole discretion, modify, alter or discontinue the transmission of wagering instructions or limit, terminate or suspend use of Accounts in our sole discretion or if you violate any term of this Agreement or as may be required by state or federal law.

15. Disclaimer; Limitation of Liability

Although track and wagering information on HollywoodRaces.com is updated in good faith, the Company and its Affiliated Parties (as defined in Section 22 below) expressly disclaim any responsibility or liability for any loss or damages resulting to the Account Holder or to any third party from errors or omissions in the data provided. With multiple processing of complex data and reliance upon information acquired from multiple sources, errors and omissions can and do occur despite commercially reasonable efforts to avoid them. Any damages of any kind arising out of, in connection with or relating to the use or inability to use your Account, including but not limited to any omission or misstatements of track program, past performances and late changes of race information shall be governed by the limitation of liability in Section 22 below.

16. Self Exclusion

Individuals may choose to exclude themselves from establishing or maintaining an Account with HollywoodRaces.com by fully completing the HollywoodRaces.com Request for Self-Exclusion form and mailing it to the following address:

Self-Exclusion Program

HollywoodRaces.com

Eight Tower Bridge

161 Washington Street - Suite 1125

Conshohocken, PA 19428

If you or someone you know has a gambling problem, crisis counseling and referral services can be accessed by calling 1-800-522-4700 or visiting http://www.ncpgambling.org/.

Part II – Important Terms Applicable to All Services, Content and Users

17. Connectivity, Communications

You must have an internet-enabled mobile device using either the iOS or Android operating system in order to access the Company’s mobile applications, the use of which is subject to your acceptance and compliance with the Company’s End User License Agreement. The End User License Agreement for the iOS operating system can be found here. The End User License Agreement for the Android operating system can be found here. Normal carrier charges and taxes may apply to any content you obtain from the Services. The Company is not responsible for any surcharges you incur from your mobile data or internet service provider as a result of the use of the Services.

You expressly agree that, as part of the Services, you may receive communications related to your use of the Services by push notification and/or email. You may also receive promotional communications by email. To stop receiving promotional emails, you may click on the unsubscribe link contained in such emails and complete the unsubscribe process. You may also email your request to opt out of promotional emails to PlayerServices@hollywoodraces.com. You may not opt out of service-related emails.

You acknowledge that all materials on the Services, including the Services’ design, graphics, text, sounds, pictures, software and other files and the selection and arrangement thereof (collectively, “Materials”), are the property of the Company or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. You will not obtain any ownership interest in the Materials or the Services through this Agreement or otherwise. All rights to Materials not expressly granted in this Agreement are reserved to their respective copyright owners. Except as expressly authorized by this Agreement or on the Services, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of the Company or the respective copyright owner. The Company authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. You may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, “Marks”) contained or described on the Services are the sole property of the Company and/or its licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of the Company and/or licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of the Company and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of the Company. The Company will enforce its intellectual property rights to the fullest extent of the law.

19. User Content and Conduct

Where applicable at the Services (e.g., on message boards), you are invited to post your own content (“User Content”). You understand that all User Content, whether you have publicly posted on a forum, posted as part of your profile, or privately transmitted to another User or to us, is your sole responsibility. Though the Services are designed to be a safe place to share such User Content, the Company cannot guarantee that other Users will not misuse the User Content that you share. If you have any User Content that you would like to keep confidential and/or do not want others to use (including but not limited to, photos, personal information, name, home address, telephone number, etc.), do not post it to the Services. Under no circumstances will the Company be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise transmitted via the Services. THE COMPANY IS NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY USER CONTENT YOU POST TO THE SERVICES.

By posting any User Content at the Services, you hereby grant the Company a royalty-free, fully paid up, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, combine with other works, create derivative works from, distribute, perform, edit and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You specifically waive any “moral rights” in and to the User Content. The foregoing grant includes, without limitation, any copyrights and other intellectual property rights in and to your User Content. You represent and warrant that: you own the User Content posted by you on or through the Services or otherwise have the right to grant the license set forth in this Section 19; and the posting of your User Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content you posted to or through the Services.

You acknowledge and agree that the Company may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce this Agreement; respond to claims that any User Content violates the rights of third-parties; or protect the rights, property, or personal safety of the Company, its Users and the public. You understand that the technical processing and transmission of the Services, including your User Content, may involve: transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices.

You agree to each of the conditions in this Agreement and further agree that each of these conditions applies forever and broadly with regard to the Company worldwide. Posting of User Content to or through the Services, including ideas or disclosures of opinions, is voluntary on your part. No confidential or additional contractual relationship is established by your posting of User Content or is to be implied by our review or subsequent use of your User Content. The Company shall not be liable for any disclosure of any User Content, including opinion(s) or suggestion(s), you post to or through the Services. THE COMPANY SHALL BE ENTITLED TO UNRESTRICTED USE OF ANY USER CONTENT IT MAY RECEIVE FROM YOU AT OR THROUGH THE SERVICES, FOR ANY PURPOSE WHATSOEVER, COMMERCIAL OR OTHERWISE, WITHOUT COMPENSATION TO YOU AS PROVIDER OF THE USER CONTENT.

You agree that you will not use the Services to:

• Upload, post, email or otherwise transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise unlawful or objectionable (including without limitation, nudity and depiction of drug use);

  • Harm minors in any way
  • Impersonate any person or entity, including, but not limited to a representative of the Company, or falsely state or otherwise misrepresent your affiliation with a person or entity
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Services
  • Upload, post, email or otherwise transmit any User Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
  • Upload, post, email or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party
  • Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose
  • Upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, emulate, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
  • Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other Users of the Services are able to type, or otherwise act in a manner that negatively affects other Users’ ability to engage in real time exchanges
  • Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services
  • “Stalk” or otherwise harass another
  • Collect or store personal information or data about other Users, or disclose another User’s personal information or data to any third party
  • Solicit personal information or data from anyone under 18 years of age; and/or
  • “Bot,” “hack,” “crack,” or otherwise attempt to circumvent any access control, copyright protection or license-enforcement mechanisms associated with or related to the Services

You understand that by using the Services, you may be exposed to User Content created by others that is offensive, indecent or objectionable. The Company does not endorse or have control over what is posted as User Content. User Content is not reviewed by the Company prior to posting and does not reflect the opinions or policies of the Company. The Company makes no representations or warranties, express or implied as to the User Content or the accuracy and reliability of the User Content or any other material or information that you may access through the Services. The Company assumes no responsibility for monitoring the Services for inappropriate submissions or conduct, but reserves the right to do so. If at any time the Company chooses, in its sole discretion, to monitor the Services, the Company nonetheless assumes no responsibility for the User Content, has no obligation to modify or remove any inappropriate User Content, and has no responsibility for the conduct of any Users submitting any such User Content.

Notwithstanding the foregoing, the Company and its designees shall have the right to remove any User Content at any time, without notice and for any reason, including but not limited to, content that violates this Agreement or is otherwise objectionable, in the Company’s sole discretion. You agree that you must evaluate and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. The Company may store User Content indefinitely. However, the Company has no obligation to store User Content or make it available to you in the future.

You are solely responsible for your interactions with other Users. The Company reserves the right, but has no obligation, to monitor disputes between you and other Users. The Company reserves the right to terminate your access to the Services if the Company determines, in its sole discretion, that doing so is prudent.

You may submit reviews or other feedback using forms on the Services. Any comments, suggestions, or feedback relating to the Services (collectively “Feedback”) submitted to the Company shall become the property of the Company. The Company will not be required to treat any Feedback as confidential, and will not be liable for any ideas (including without limitation, product, application, site, Services or advertising ideas) and will not incur any liability as a result of any similarities that may appear in the Services, or operations, in the future. Without limitation, the Company will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not the Company, have full responsibility for the message, including its legality, reliability, appropriateness, originality and copyright.

Links on the Services to third party websites and applications may be provided as a convenience to you. If you use these links, you will leave the Services. Your dealings with third parties through links to such third party websites or applications are solely between you and such third parties. You agree that the Company and its Affiliated Parties (as defined in Section 22 below) will not be responsible or liable for any content, goods or services provided on or through these third party websites or applications or for your use or inability to use such websites or applications. You use these links at your own risk. You are advised that other websites on the Internet and mobile applications, including third party websites and applications linked from the Services, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others’ rights or otherwise unlawful. The Company expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website or application.

Your correspondence or business dealings with, participation in promotions of or purchases from, advertisers or third party applications found on or through the use of the Services, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or third party application provider. You agree that the Company and its Affiliated Parties 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 or third party application providers on the Services.

The Company is not responsible for any third party product or service (including third party applications) sold on or through the Services or any claims of quality or performance for such products and services made on or through the Services.

21. Virtual Goods

The Services may include an opportunity to license a variety of virtual items, such as virtual in-game currency, virtual goods, achievements, additional levels and content packs (collectively, “Virtual Goods”), which may be awarded for free or available for purchase using real-world money. When you use Virtual Goods within the Services, any Virtual Goods that you have purchased will be deemed used before any Virtual Goods that you have earned.

Any purchase or award of Virtual Goods provides you a limited, non-transferable, revocable license to use those Virtual Goods within the Services, which is subject to your compliance with this Agreement. Virtual Goods may never be sold or redeemed for real money, goods, or any other item of monetary value from Company or any other party. You understand that you have no right or title in Virtual Goods other than the extent of your limited license. Virtual Goods have no economic value and provide no economic advantage or gain to the User.

Your purchase of the limited license for Virtual Goods is final and is not refundable or exchangeable, except in Company's sole discretion. You may not purchase, sell, transfer, or exchange Virtual Goods outside the Services. Doing so is a violation of this Agreement and may result in termination of your Account with the Service and/or legal action to disgorge the proceeds of any transaction in violation of this Agreement or obtain other relief.

Company retains the right to modify, manage, control and/or eliminate your limited license with respect to Virtual Goods at its sole discretion. Your limited license with respect to Virtual Goods is unconditionally and automatically forfeited if your Account is terminated for any reason, in Company’s sole discretion, or if Company discontinues all or any portion or feature of the Services. Prices and availability of limited licenses for Virtual Goods are subject to change without notice.

22. Disclaimer; Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS

AGREEMENT, THE COMPANY, ITS OTHER AFFILIATED COMPANIES AND THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES AND OTHER REPRESENTATIVES AND THE COMPANY’S VENDORS AND BUSINESS PARTNERS (COLLECTIVELY, “THE COMPANY AND ITS AFFILIATED PARTIES”), EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE COMPANY AND ITS AFFILIATED PARTIES MAKE NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, YOUR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY AND ITS AFFILIATED PARTIES OR ON OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

ALL SERVICES AND PRODUCTS PURCHASED AND OBTAINED ON OR THROUGH THE SERVICES ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND/OR SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY AND ITS AFFILIATED PARTIES DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES, WITH RESPECT TO THE PRODUCTS AND SERVICES (INCLUDING WAGERING ACTIVITIES, VIRTUAL GOODS AND SERVICES OR THIRD PARTY APPLICATIONS) LISTED OR PURCHASED ON OR THROUGH THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT OR SERVICE DEFECT OR FAILURE, SERVICE OR PRODUCT MISUSE, SERVICE OR PRODUCT ABUSE, SERVICE OR PRODUCT MODIFICATION, IMPROPER SERVICE SELECTION AND NON-COMPLIANCE WITH ANY WRITTEN DIRECTIONS.

THE COMPANY AND ITS AFFILIATED PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE YOUR ACCOUNT OR THE SERVICES, INCLUDING ANY LIABILITY (I) AS A PUBLISHER OF INFORMATION; (II) AS A RESELLER OF ANY PRODUCTS OR SERVICES; (III) FOR ANY DEFECTIVE PRODUCTS OR SERVICES; (IV) FOR ANY INCORRECT OR INACCURATE INFORMATION, (V) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, (VI) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES, (VII) FOR ANY OTHER MATTER RELATING TO THE SERVICES OR ANY THIRD PARTY WEBSITE OR APPLICATION, OR (VIII) FOR ANY OMISSION OR MISSTATEMENTS OF TRACK PROGRAM, PAST PERFORMANCES AND LATE CHANGES OF RACE INFORMATION. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES.

THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU. THE PRODUCTS, THE INFORMATION AND SERVICES OFFERED ON AND THROUGH THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THE COMPANY AND AFFILIATED PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT, INFORMATION OR SERVICE PURCHASED BY YOU FROM THE COMPANY ON THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID THE COMPANY ANY AMOUNTS FOR ANY PRODUCTS, INFORMATION OR SERVICE PRIOR TO THE DATE ON WHICH YOU FIRST ASSERT ANY CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE COMPANY IS TO STOP USING THE SERVICES AND CANCEL YOUR ACCOUNT.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIABILITY ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

23. Indemnification

You agree to indemnify, defend and hold harmless the Company and its Affiliated Parties against all claims, demands, causes of action, losses, expenses, damages and costs, including any reasonable attorneys’ fees, resulting or arising from or relating to your use of or conduct on the Services, any activity related to your Account by you or any other person, any material that you submit to, post on or transmit through the Services, your breach of this Agreement, your infringement or violation of any rights of another, or termination of your access to the Services.

24. Service Usage; Termination of Usage

You agree to use the Services only for lawful purposes, and that you are responsible for your use of and communications on the Services. You agree not to post on or transmit through the Service any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others’ intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use the Services in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the Services.

You further agree that you will not access the Services by any means except through the interface provided by the Company for access to the Services. Creating or maintaining any link from another website or application to any page or functionality on the Services without the prior written authorization of the Company is prohibited. Running or displaying the Services or any information or material displayed on the Services in frames or through similar means on another website or application without the prior written authorization of the Company is prohibited. Any permitted links to the Services must comply with all applicable laws, rules, and regulations.

This Agreement is effective unless and until terminated by either you or the Company. You may terminate this Agreement at any time, provided that you withdraw all funds from and close your Account as provided in Section 14 and discontinue any further use of the Services. The Company also may terminate or suspend this Agreement or your access to all or part of the Services, at any time, without notice and accordingly deny you access to the Services, for any reason, including without limitation, if in the Company’s sole discretion you fail to comply with any term or provision of this Agreement or your use is harmful to the interests of another user or the Company and its Affiliated Parties. Upon any termination of the Agreement by either you or us, you must promptly uninstall any mobile applications you obtained through the Services and destroy all materials downloaded or otherwise obtained from the Services, as well as all copies of such materials, whether made under the Agreement or otherwise. Additionally, upon termination, your limited license to any Virtual Goods will be terminated and forfeited and you will have no further rights associated with the Virtual Goods.

The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. Except as otherwise expressly stated in this Agreement, you agree that the Company and its Affiliated Parties shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Services.

Sections 21 (relating to Virtual Goods), 22 (relating to Disclaimer; Limitation of Liability), and 23 (relating to Indemnification), and any provision(s) of this Agreement that expressly or by implication remains in effect following the termination of this Agreement shall survive any termination of this Agreement.

25. Applicable Law; Jurisdiction; ARBITRATION; Dispute Resolution

(A) U.S. Site

The Services are controlled and operated by the Company from within the United States of America, and are intended for use only by legal residents of the United States. The Company makes no representations or warranties that the content or materials of the Services are appropriate or lawful in any foreign countries, or that any items or applications offered for sale or download through links on the Services will be available outside the United States. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export or re-export any content downloaded from the Services or any copy or adaptation of such content, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

(B) Governing law

This Agreement shall be governed by, and construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania (except to the extent that the laws and regulations of the State of Oregon govern wagering by Account Holders who are not Pennsylvania Residents), as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles.

(C) Initial Dispute Resolution

We are available by email at PlayerServices@hollywoodraces.com to discuss any concerns you may have regarding your use of the Services. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.

(D) BINDING ARBITRATION AGREEMENT

IF THE PARTIES DO NOT REACH AN AGREED UPON SOLUTION WITHIN A PERIOD OF THIRTY (30) DAYS FROM THE TIME INFORMAL DISPUTE RESOLUTION IS PURSUED PURSUANT TO THE PARAGRAPH ABOVE, THEN EITHER PARTY MAY INITIATE BINDING ARBITRATION. ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT (INCLUDING ITS FORMATION, PERFORMANCE AND BREACH), THE PARTIES’ RELATIONSHIP WITH EACH OTHER AND/OR YOUR USE OF THE SERVICES SHALL BE FINALLY SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (THE “AAA”) IN ACCORDANCE WITH THE PROVISIONS OF ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES OF THE AAA, EXCLUDING ANY RULES OR PROCEDURES GOVERNING OR PERMITTING CLASS ACTIONS. THE ARBITRATOR, AND NOT ANY FEDERAL, STATE OR LOCAL COURT OR AGENCY, SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ALL DISPUTES ARISING OUT OF OR RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY OR FORMATION OF THESE TERMS, INCLUDING, BUT NOT LIMITED TO ANY CLAIM THAT ALL OR ANY PART OF THESE TERMS IS VOID OR VOIDABLE. THE ARBITRATOR SHALL BE EMPOWERED TO GRANT WHATEVER RELIEF WOULD BE AVAILABLE IN A COURT UNDER LAW OR IN EQUITY. THE ARBITRATOR’S AWARD SHALL BE BINDING ON THE PARTIES AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. THE PROCEDURES AND RULES OF THE FEDERAL ARBITRATION ACT SHALL EXCLUSIVELY GOVERN THE INTERPRETATION AND ENFORCEMENT OF THIS ARBITRATION PROVISION.

THE AAA’S RULES GOVERNING THE ARBITRATION MAY BE ACCESSED AT WWW.ADR.ORG OR BY CALLING THE AAA AT 1.800.778.7879. TO THE EXTENT THE FILING FEE FOR THE ARBITRATION EXCEEDS THE COST OF FILING A LAWSUIT, WE WILL PAY THE ADDITIONAL COST. A REQUEST FOR PAYMENT OF FILING FEES SHOULD BE SUBMITTED TO AAA ALONG WITH YOUR FORM FOR INITIATING THE ARBITRATION, AND WE WILL MAKE ARRANGEMENTS TO PAY ALL NECESSARY FILING FEES DIRECTLY TO AAA. IF THE ARBITRATOR FINDS THE ARBITRATION TO BE NON-FRIVOLOUS, WE WILL PAY ALL OF THE ACTUAL FILING AND ARBITRATOR FEES FOR THE ARBITRATION, PROVIDED YOUR CLAIM DOES NOT EXCEED $75,000. THE ARBITRATION RULES ALSO PERMIT YOU TO RECOVER ATTORNEY’S FEES IN CERTAIN CASES.

THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.

(E) CLASS ACTION WAIVER

The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

(F) 30 DAY RIGHT TO OPT OUT

You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in the preceding paragraphs by sending written notice of your decision to opt-out to the following address: HollywoodRaces.com, 825 Berkshire Blvd. Wyomissing, PA 19610 Attn: General Counsel. The notice must be sent within thirty (30) days of creation of an account via the Services, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, we also will not be bound by them.

(G) EXCEPTION - SMALL CLAIMS COURT CLAIMS.

Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

(H) EXCLUSIVE VENUE FOR LITIGATION

Solely to the extent the arbitration provisions set forth above do not apply, or for purposes of either party enforcing an award granted to it pursuant to arbitration, the parties agree that any litigation between them shall be filed exclusively in the federal district court for the Eastern District of Pennsylvania, or, if federal subject matter jurisdiction is lacking, then in the state courts located in Berks County, Pennsylvania. The parties expressly hereby consent to exclusive jurisdiction in the aforesaid courts for any litigation, hereby also consent to personal jurisdiction in said courts for any litigation and waive, for all purposes, their right to challenge the lack of personal jurisdiction said courts over any litigation arising in connection with, out of, or as a result of (a) this Agreement or the Services, and (b) any acts or omissions of the Company in connection with this Agreement or the Services.

(I) One Year Time Limit.

You agree to commence any arbitration proceeding (or court action if applicable) with respect to this Agreement within one year after the claim arises. You agree that a proceeding commenced after this date is barred.

We respect the intellectual property rights of others and require that Users do the same. If you believe that your proprietary work has been copied in a way that constitutes copyright infringement, please forward the following information to the Company’s Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:

  • A physical signature of the person authorized to act on behalf of the owner of the copyright
  • 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 Services
  • Your address, telephone number and email address
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • 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

Copyright Agent:

Lerner David Wittenberg Krumholz & Mentlik, LLP

600 South Avenue West

Westfield, NJ 0709-1497

P: 908-654-5000

F: 908-654-7866

Part III – Important Notices and Terms of Agreement

27. Filtering

Pursuant to 47 U.S.C. Section 230 (d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protection is available at http://www.staysafeonline.org.

28. Rules for Sweepstakes, Contests, Raffles, Surveys and Similar Productions

Any sweepstakes, contests, surveys, games or similar promotions made available through the Services may be governed by specific rules that are separate from and in addition to this Agreement. By participating in any such sweepstakes, contest, survey, game or similar promotion, you will become subject to those rules, which may vary from the Agreement as set forth herein, and which are incorporated into this Agreement. The Company urges you to read the applicable rules, which may be linked from the particular activity, and to review our Privacy Policy, which in addition to this Agreement, governs any information you submit in connection with such activities.

29. Severability; Interpretation

If any provision of this Agreement shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in this Agreement, the term “including” shall be deemed to be followed by the words “without limitation.”

30. Entire Agreement

This Agreement, including the Privacy Policy and other policies incorporated herein, constitutes the entire and only Agreement between the Company and each User of the Services with respect to the subject matter of this Agreement, and supersedes any and all prior or contemporaneous Agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement.

31. Miscellaneous

The failure of the Company and its Affiliated Parties to insist upon strict adherence to any term of this Agreement shall not constitute a waiver of such term or limit that party’s right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose, or will be forever barred. The “Disclaimer; Limitation of Liability” provisions of this Agreement are for the benefit of the Company and its Affiliated Parties as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

The Company shall not be liable for any loss or damage, delay in performance or nonperformance caused by equipment malfunction or breakdown, information unavailability, strikes or other labor disputes, riots, fire, insurrection, war, failure of carriers, the elements, accidents, acts of God, or any other causes beyond the Company’s control whether or not similar to the foregoing.

32. Contact Information for Customer Service

If you have any comments, questions or complaints regarding this Agreement or the Services, or wish to report any violation of this Agreement, please contact Customer Service at:

  • Massachusetts Residents may call 866-946-5463
  • Pennsylvania Residents may call 800-822-2004
  • Non-Pennsylvania Residents may call 888-889-2081
  • All Users may email PlayerServices@hollywoodraces.com
  • All Users may also send inquiries to 6130 NE 78th Court, Suite C-4, Portland, OR 97218


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