Terms and Conditions

Last Updated: November 2024

1. Agreement to Terms

These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“Customer,” “you,” or “your”) and Race-Night.com (“we,” “us,” or “our”) regarding your purchase and use of our digital night at the races fundraising kits and related products (“Products”).

By purchasing, downloading, or using our Products, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, do not purchase or use our Products.

We reserve the right to modify these Terms at any time. Continued use of our Products after changes constitutes acceptance of the modified Terms.

2. Service Description

What We Provide: Race-Night.com sells digital entertainment products, specifically:

• Digital video files containing horse racing footage
• PDF templates for race ticket materials and race cards
• Digital guides and instructions for event planning
• Audio files for virtual emcee systems (where applicable)

What We Do NOT Provide:

• Legal advice or counsel regarding gambling, gaming, or fundraising laws
• Compliance verification or assistance
• Gambling licenses or permits
• Insurance or liability coverage
• Physical products (all products are digital downloads)
• Event management services or on-site support

We reserve the right to modify, discontinue, or update Products at any time without prior notice.

3. Eligibility and Age Requirement

You must be at least 18 years old to purchase our Products. By making a purchase, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into this agreement.

4. Legal Compliance – Customer’s Sole Responsibility

By purchasing our Products, you acknowledge, represent, and warrant that:

1. You will consult with a qualified attorney licensed in your jurisdiction regarding all applicable gambling, gaming, charitable gaming, and fundraising laws BEFORE conducting any night at the races event
2. You will obtain all necessary permits, licenses, registrations, and approvals required by federal, state, and local authorities
3. You will comply with all applicable laws, regulations, and ordinances
4. You understand that gambling and gaming laws vary dramatically by state, county, and municipality
5. You acknowledge that activities legal in one jurisdiction may be prohibited in another
6. Race-Night.com makes NO representations or warranties regarding the legality of night at the races events in any jurisdiction
7. Race-Night.com provides NO legal advice, compliance assistance, or verification of legal requirements
8. You will NOT proceed with any event if uncertain about legal compliance until obtaining proper legal counsel
9. Some jurisdictions may PROHIBIT activities described in our Products – you are responsible for verifying legality in your specific location

5. Customer Indemnification

You agree to indemnify, defend, and hold harmless Race-Night.com, its owners, officers, employees, contractors, agents, affiliates, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to:

• Your use of our Products
• Your conduct of any night at the races or fundraising event
• Your violation of any law, regulation, or ordinance
• Your violation of these Terms and Conditions
• Any claims by third parties related to your events or activities
• Your failure to obtain required permits, licenses, or legal approvals
• Any gambling, gaming, or fundraising activities you conduct

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

Race-Night.com SHALL NOT BE LIABLE for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Legal fines, penalties, or sanctions imposed by any authority
• Legal fees or costs related to compliance issues
• Claims by third parties
• Loss of profits or revenue from events
• Reputational damage
• Any damages arising from your fundraising activities
• Any damages arising from legal or regulatory non-compliance

Our total liability to you for any claim arising from your purchase or use of our Products shall not exceed the amount you paid for the Product.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. In such cases, our liability shall be limited to the fullest extent permitted by applicable law.

7. Digital Product Delivery

Instant Download: Upon successful payment, you will receive immediate access to download your purchased Products via email with download links.

Download Responsibility: You are responsible for downloading and securely storing your Products. Download links typically expire after 30 days or 5 download attempts (whichever comes first).

Technical Requirements: You are responsible for ensuring you have adequate equipment, internet connection, and technical capability to download and use digital files (video players, PDF readers, adequate storage space, etc.).

8. Refund Policy

30-Day Money-Back Guarantee: We offer a 30-day money-back guarantee on all Products. If you are dissatisfied with your purchase for any reason, contact us within 30 days of purchase for a full refund.

Refund Conditions:

• Request must be made within 30 days of purchase
• Refund request must be sent to our support email
• Refunds are processed within 5-10 business days
• Original payment method will be credited

No refunds will be issued for:

• Requests made after 30 days
• Products purchased during promotional “final sale” periods (clearly marked)
• Claims related to legal or compliance issues (you are responsible for legal research)

9. Intellectual Property and License

Ownership: All Products, including video content, graphics, templates, audio files, and written materials, are owned by Race-Night.com and protected by U.S. and international copyright laws.

License Granted: Upon purchase, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to:

• Download and use the Products for your own fundraising events
• Make reasonable copies for backup purposes
• Print race ticket materials and race cards for your events

License Restrictions – You May NOT:

• Resell, redistribute, or share the Products with others
• Post the Products online or make them publicly available
• Rent, lease, or loan the Products to third parties
• Modify, reverse engineer, or create derivative works
• Use the Products for commercial night at the races services (selling events to others)
• Remove copyright notices or watermarks
• Claim ownership of the Products

Violation of these license terms may result in legal action and damages.

10. No Warranty / Products Provided “As Is”

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability or fitness for a particular purpose
• Warranties regarding accuracy, completeness, or reliability of information
• Warranties that Products will meet your specific requirements
• Warranties regarding legal compliance or suitability for your jurisdiction
• Warranties that Products will be error-free or uninterrupted

We make no representations or warranties regarding fundraising results, amounts raised, or event success.

11. Privacy Policy

Your use of our website and Products is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your information.

12. Payment Terms

Payment Processing: We accept payment via credit card, debit card, and PayPal through secure third-party payment processors (Stripe and PayPal).

Pricing: All prices are in U.S. Dollars (USD). Prices are subject to change without notice, but changes will not affect orders already placed.

Sales Tax: Sales tax may be added to your purchase based on your location and applicable state laws.

13. User Conduct and Prohibited Uses

You agree NOT to:

• Use Products for any illegal purpose
• Violate any local, state, national, or international law
• Infringe upon intellectual property rights
• Misrepresent your affiliation with Race-Night.com
• Use Products to harm, harass, or defraud others
• Attempt to circumvent any security features or access restrictions
• Share login credentials or download links with unauthorized parties

14. Termination

We reserve the right to terminate or suspend your access to Products and services at any time, without prior notice, for conduct that we believe violates these Terms or is harmful to other customers, us, or third parties, or for any other reason in our sole discretion.

15. Links to Third-Party Websites

Our website may contain links to third-party websites. We are not responsible for the content, accuracy, or practices of third-party sites. Your use of third-party websites is at your own risk.

16. Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles.

Any disputes arising from these Terms or your use of our Products shall be subject to the exclusive jurisdiction of the courts of England and Wales, and you irrevocably submit to the jurisdiction of such courts.

For Customers Outside England: Notwithstanding your actual place of residence or the location where you access our website, these Terms shall be governed by English law. You agree that the English courts shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or your use of our Products.

Consumer Rights: Nothing in these Terms affects your statutory rights as a consumer under the laws of England and Wales or, if you are based in another jurisdiction, your mandatory consumer protection rights under applicable local law that cannot be excluded by contract.

17. Dispute Resolution and Class Action Waiver

Informal Resolution: Before filing any formal claim, you agree to contact us to attempt to resolve the dispute informally.

CLASS ACTION WAIVER: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive your right to participate in a class action lawsuit or class-wide arbitration.

18. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

19. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published on our website, constitute the entire agreement between you and Race-Night.com regarding your use of our Products.

20. No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

21. Contact Information

For questions about these Terms and Conditions, please contact us:

Race-Night.com
(Trading name of Racenight.me.uk Ltd)
128 Fairfield
Buntingford
Hertfordshire
SG9 9NZ
United Kingdom
Contact Us

22. Acknowledgment

© 2024 Race-Night.com. All Rights Reserved.