Last updated: May 2, 2014
These Terms may not be otherwise amended except in a writing hand signed by you and Us. For purposes of this provision, "writing" does not include an e-mail message and a signature does not include an electronic signature.
2.1 Grant of a Limited License to Use the Service. Subject to your acceptance of and continuing compliance with these Terms and any other relevant TJC Media policies, TJC Media grants you a non-exclusive, non-transferable, revocable and limited license, subject to the limitations contained in these Terms, to access Website and to use the Service through a TJC Media supported web browser (such as Microsoft Internet Explorer or Google Chrome) solely for your informational purposes. You agree not to use the Service for any other purpose.
Any information or data that We make available as part of the Service are provided exclusively for informational purposes.
You must provide all equipment and software necessary to connect to the Service. You are responsible for any fees, including Internet connection or mobile fees that you incur when accessing the Service.
2.3 Use of the Service. The following restrictions apply to the use of the Service:
a. You shall not access the Service if you are under the age of 18, unless your legal guardian has reviewed and agreed to these Terms on your behalf.
b. You shall not use any incomplete, false or inaccurate biographical or other personal information for purposes of taking action or providing information in connection with any promotion..
c. You shall not use the Service if you have previously been banned or removed by TJC Media from accessing any TJC Media website.
d. You shall not use the Service if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department's list of Specially Designated Nationals.
e. You shall not use the Website to engage in any illegal conduct.
f. If you access the Service from an SNS you shall comply with its terms of service/use as well as these Terms.
g. Any information you upload and/or provide to Website shall be only that information which you are legally able to provide to others through media such as Website and that the information provided does not violate the rights of any third person or entity and/or violate any applicable laws and/or regulations.
If We believe you have violated any of these prohibitions, We may immediately terminate your access to the Service, with or without notice to you.
2.6 Limitations on Use. Any use of the Service in violation of these Limitations on Use is strictly prohibited, can result in the immediate revocation of your limited license granted under these Terms, and may subject you to liability for violations of law or of these Terms. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE, INCLUDING UNDERMINING OR MANIPULATING THE OPERATION OF ANY TJC MEDIA WEBSITE, IS A VIOLATION OF TJC MEDIA POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. If We believe you have violated any of these Terms, We may immediately terminate your access to the Service, with or without notice to you. In addition to the other provisions of these Terms, the following prohibitions apply:
2.6.1. Prohibitions. You agree that you will not, under any circumstances:
a. Engage in any act that TJC Media deems to be in conflict with the spirit or intent of the Service, including but not limited to circumventing or manipulating these Terms or policies;
b. Make improper use of TJC Media's support services, including by submitting false abuse reports or using profane and abusive language in your communications with our personnel; or
c. Use the Service, intentionally or unintentionally, in connection with any violation of any law or regulation, or do anything that promotes the violation of any law or regulation.
2.6.2. Hacking. You agree that you will not, under any circumstances:
a. Without TJC Media's express written consent, modify or cause to be modified any files that are a part of the Service;
b. Institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attack or other attempt to disrupt the Service or any other person's use or enjoyment of the Service; or
c. Attempt to gain unauthorized access to the Service or to the computers, Servers or networks connected to the Service by any means other than the user interface provided by TJC Media, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device or software that is part of the Service.
2.6.3. Offensive or Infringing Content. If you are given the ability to post information within the Website, you agree that you will not, under any circumstances:
a. Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously or otherwise, objectionable or offensive;
b. Post any information that contains nudity, excessive violence or offensive subject matter or that contains a link to such content;
c. Attempt to, or harass, abuse or harm, or advocate or incite harassment, abuse or harm of another person or group, including without limitation TJC Media employees and contractors; or
d. Make available through the Service any material or information that infringes upon any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person.
2.6.4. Collection and Publication of Personal Information. You agree that you will not, under any circumstances:
a. Solicit, or attempt to solicit, personal information from other users of the Service;
b. Collect, harvest or post anyone's private information, including personally identifiable information (whether in text, image or video form), identification documents or financial information through the Service; or
c. Upload or transmit, or attempt to upload or transmit, without TJC Media's express written permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware," "passive collection mechanisms" or "pcms").
d. Transmit unauthorized communications through the Service, including junk mail, chain letters, spam or any materials that promote malware, spyware or downloadable items.
2.6.5. Unauthorized Use or Connection to the Service. You agree that you will not, under any circumstances:
a. Interfere or attempt to interfere with the proper functioning of the Service or connect to or use the Service in any way not expressly permitted by these Terms;
b. Use any unauthorized third party software that accesses, intercepts, "mines" or otherwise collects information from or through the Service or that is in transit from or to the Service, including, without limitation, any software that reads areas of RAM or streams of network traffic used by the Service. TJC Media may, at its sole and absolute discretion, allow the use of certain third party user interfaces;
c. Intercept, examine or otherwise observe any proprietary communications protocol used by a user, a Server or the Service, whether through the use of a network analyzer, packet sniffer or other device;
d. Make any automated use of the system, or take any action that imposes or may impose (in Our sole discretion) an unreasonable or disproportionately large load on Our infrastructure;
e. Bypass any robot exclusion headers or other measures We employ to restrict access to the Service or use any software, technology or device to send content or messages, scrape, spider or crawl the Service, or harvest or manipulate data;
f. Use, facilitate, create or maintain any unauthorized connection to the Service, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate, any part of the Service; or (2) any connection using programs, tools or software not expressly approved by TJC Media in writing;
g. Except where permitted by law or relevant open source licenses, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any software or other intellectual property used to provide the Service, or to obtain any information from the Service using any method not expressly permitted by TJC Media; or
h. Copy, modify or distribute rights or content from any TJC Media website, or TJC Media's copyrights or trademarks or use any method to copy or distribute the content of the Service, except as specifically allowed in these Terms.
2.7 Suspension and Termination of Service. WITHOUT LIMITING ANY OTHER REMEDIES, TJC MEDIA MAY LIMIT, SUSPEND, TERMINATE, OR MODIFY ACCESS TO THE SERVICE OR PORTIONS THEREOF OR MAY DELETE CONTENT POSTED BY YOU, WITH OR WITHOUT NOTICE TO YOU, IF TJC MEDIA SUSPECTS THAT YOU ARE FAILING TO COMPLY WITH ANY OF THESE TERMS OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE. WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR WEBSITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES.. TJC Media reserves the right to stop offering and/or supporting the Service or part of the Service at any time either permanently or temporarily, at which point your license to use the Service, or a part thereof, will be automatically terminated or suspended. In such event, TJC Media shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Service.
2.8.1. Service. The Service, including without limitation any titles, computer code, software, themes, objects, photographs, horse names, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, and documentation are works owned or licensed by TJC Media. TJC Media reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Service and its content. All data provided herein is subject to copyright of TJC Media Ventures, Inc. and/or The Jockey Club, all rights reserved.
2.8.2. User Content. "User Content" means any communications, information, images, sounds, data and information that you upload or transmit through the Service or a TJC Media website, or that other users upload or transmit, including without limitation any comments.
To the extent required, You hereby grant TJC Media and its Affiliates a perpetual and irrevocable (other than as provided below), worldwide, fully paid-up and royalty free, non-exclusive, unlimited license, including the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, aggregate, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, the website and related matters, including marketing and promotions thereof. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content.
3. USER CONTENT
3.1 Content Screening. You are entirely responsible for all User Content you post or otherwise transmit via the Service. TJC Media assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate or illegal content or conduct.
We have no obligation to monitor User Content. However, TJC Media reserves the right to review, modify and/or delete any User Content that in TJC Media's sole and absolute discretion, violates these terms and conditions. If We choose at any time, in our sole discretion, to monitor the Service, We have the right, in Our sole discretion, to edit, refuse to post, or remove any User Content and We may monitor and/or record your interaction with the Service or communications (including without limitation chat text and voice communications) when you are using the Service. By entering into these Terms, you hereby provide your irrevocable consent to such monitoring and recording.
3.2 Information Use by Other Members of the Service.
3.2.1. Public Discourse & Unsolicited Ideas. The Service may include various forums where you can post User Content, including your observations and comments on designated topics. TJC Media cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don't want others to use, do not post it. TJC Media shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
If you submit suggestions, proposals, comments or other materials (collectively "Submissions") within the Service you understand and agree that TJC Media (1) shall have no obligation to keep your Submissions confidential; (2) shall have no obligation to return your Submissions or respond in any way; and (3) may use your Submissions for any purpose in any way without notice or compensation to you.
TJC MEDIA IS NOT RESPONSIBLE FOR THE MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST BY OTHER USERS OF THE WEBSITE.
3.2.2. Responsible For Your Own Content. You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others. Information, materials, products or services provided by other users (for instance, in their profiles) may, in whole or in part, be unauthorized, impermissible or otherwise violate these Terms, and TJC Media assumes no responsibility or liability for this material. If you become aware of misuse of the Service by any person, please contact us at firstname.lastname@example.org .
TJC Media may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that, in the sole judgment of TJC Media, may violate these Terms.
TJC Media reserves the right to limit the storage capacity of User Content that you post on, through or in connection with the Service.
3.3 Disclosure. Your information, and the contents of all of your online communications (including without limitation chat text, voice communications, IP addresses and your personal information) may be accessed and monitored as necessary to provide the Service and may be disclosed: (a) when We have a good faith belief that We are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (b) to satisfy any applicable laws or regulations; (c) if We believe that the Service is being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (d) when We have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (e) in order to protect the rights or property of TJC Media, including to enforce these Terms. By entering into these Terms, you hereby provide your irrevocable consent to such monitoring, access and disclosure.
3.4 User Interactions.
3.4.1. Member Disputes. You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service. TJC Media reserves the right, but has no obligation, to become involved in any way with these disputes.
3.4.2. Release. IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE US (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OR DATA. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
4. THIRD PARTY ADVERTISING
4.2 Links to Third Party Sites and Dealings With Advertisers. TJC Media may provide links to third party websites or vendors. TJC Media makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked to from our Service, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of TJC Media and may collect data or solicit personal information from you. TJC Media is not responsible for any actions or omissions by such sites, for their content, business practices or privacy policies, or for their collection, use or disclosure of any information. Further, the inclusion of any link does not imply endorsement by TJC Media of any linked sites.
5. COPYRIGHT NOTICES/COMPLAINTS
It is TJC Media's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA"). TJC Media reserves the right to terminate without notice any user's access to the Service if TJC Media determines, in its sole discretion, that such user is a "repeat infringer."
6. UPDATES TO THE SERVICE
You understand that the Service is an evolving one. You acknowledge and agree that TJC Media may update the Service with or without notifying you. You may need to update third party software from time to time in order to receive the Service.
7. DISCLAIMERS / LIMITATIONS / WAIVERS / INDEMNIFICATION
7.1 DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, TIMELINESS, ACCURACY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO BE THE SHORTER OF 30 DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED).
WITHOUT LIMITING THE FOREGOING, NEITHER TJC MEDIA NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, "TJC MEDIA PARTIES") WARRANT (I) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR (II) THE ACCURACY, QUALITY OR APPROPRIATENESS OF ANY USER CONTENT ON OWNERVIEW.
7.2 LIMITATIONS; WAIVERS OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OF ACTION WHATSOEVER IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE TJC MEDIA PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE.
THE LIMITATIONS IN THIS SECTION 7 APPLY WHETHER THE ALLEGED LIABILITY IS BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE TJC MEDIA PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE TJC MEDIA PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING ANY USER CONTENT, OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL THE TJC MEDIA PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TJC MEDIA IN CONNECTION WITH THE SERVICE WITHIN THE 180 DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID TJC MEDIA ANY AMOUNTS IN THE 180 DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH TJC MEDIA IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU. IN ADDITION, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
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. THE TJC MEDIA PARTIES SHALL HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY LOSS OR DAMAGES RESULTING TO YOU OR TO ANY THIRD PARTY FROM ERRORS OR OMISSIONS IN ANY DATA OR INFORMATION CONTAINED ON THE WEBSITE.
7.3 Indemnification. You indemnify, defend, save, and hold TJC Media, and the TJC Media Parties harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation of law (including, without limitation, the securities law of the United States and/or any of the individual U.S. states) by you, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. TJC Media reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify TJC Media, and you agree to cooperate with TJC Media's defense of these claims. TJC Media will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
You agree that the provisions in this paragraph will survive any termination of the Service.
8. DISPUTE RESOLUTION
8.1 General. If a dispute arises between you and TJC Media, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and TJC Media agree that We will resolve any claim or controversy at law or equity that arises out of these Terms or the Service (a "Claim") in accordance with one of the subsections below or as We and you otherwise agree in writing. Before resorting to these alternatives, We strongly encourage you to first contact Us directly to seek a resolution. We may consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
8.2 Law and Forum for Legal Disputes. These Terms and any dispute arising out of or related to them or the Service shall be governed in all respects by the laws of the Commonwealth of Kentucky as they apply to agreements entered into and to be performed entirely within the Commonwealth of Kentucky between Kentucky residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against TJC Media must be resolved exclusively by a state or federal court located in the Commonwealth of Kentucky, County of Fayette, City of Lexington, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within the Commonwealth of Kentucky, County of Fayette, City of Lexington for the purpose of litigating all such claims or disputes. We and you both hereby waive our rights to trial by jury.
The Service is operated out of the United States of America. We do not represent the content or materials present in the Service are appropriate for use in other locations. If you access the Service from a jurisdiction outside of the United States, you agree that you do so on your own initiative, and are responsible for compliance with local laws where you reside or where you access the Service, if and to the extent that such laws are applicable to your use of the Service.
8.3 Arbitration Option. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, such person shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
8.4 Improperly Filed Claims. All claims you bring against TJC Media must be resolved in accordance with this Legal Disputes Section. All claims filed or brought contrary to Section 8.2 shall be considered improperly filed. Should you file a claim contrary to Section 8.2, TJC Media shall be entitled to recover attorneys' fees and costs up to $1000, provided that TJC Media has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
10. GENERAL PROVISIONS
10.6 Equitable Remedies. You acknowledge that the rights granted and obligations made under these Terms to TJC Media are of a unique and irreplaceable nature, the loss of which shall irreparably harm TJC Media and which cannot be replaced by monetary damages alone. Accordingly, TJC Media shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 7.2 (if any).
10.7 Force Majeure. TJC Media shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of TJC Media, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond TJC Media's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.