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Privacy Policy and Terms Of Service - Updated 2015-01-15


DerbyFever.com is operated by Smartacre, LLC, with results produced by our proprietary eHorseracing.com simulated horse racing engine. DerbyFever.com is only a game; there is no cost or obligation to play. Real money is never bet nor is it exchanged on DerbyFever.com. Any attempt to do so will result in immediate and irreversible termination of your account.

By signing up for a DerbyFever.com account, you understand and agree to the following conditions:
  • "We" and "us" refers to DerbyFever.com, Smartacre, LLC, and all persons associated with the operation of this website, the forum offered on the website, and the game offered on this website.
  • "This website" refers to DerbyFever.com, Smartacre.com, the forum offered on this website, and the game offered on this website.


You are at least 13 years. The Federal Trade Commission's Children's Online Privacy Protection Act of 1998 (COPPA) requires that Web Sites are to obtain parental consent before collecting, using, or disclosing personal information from children under 13. You should not sign up for a DerbyFever.com account if you are less than 13 years of age. Anyone under the age of 13 that signs up for an account is doing so without the consent of "this website" and, once discovered, will be removed without warning.

The only information you are required to give "us" to sign up for an account is a user name, an e-mail address, and a password. You understand that personal information you enter in other sections of "this website" is optional, and is not required. You agree that "we" are in no way responsible for any information you share on "this website." You also take full responsibility for images or other information uploaded or entered on the site.

We believe our system to generally be safe and secure. We are aware, however, that no site can be guaranteed 100% safe. All passwords are “salted and hashed”, and only those encrypted results are stored on our system. For this reason, we have no ability to retrieve passwords. If you lose your password, you must retrieve it using the e-mail address you provided. You can change this e-mail address and/or your password at any time. If, however, you lose access to both the e-mail address you provided us and the password you provided us, you will no longer be able to access your DerbyFever.com account.

"We" are in no way directly associated with professional horseracing or any form of gambling.

We may have advertising on our site. Advertisers unrelated to the site, and you absolve DerbyFever.com and Smartacre, LLC of any problems that agreements or purchases you make through these advertisers cause or any problems viewing their advertisements may cause you.

You should not upload copyrighted images to our server. You should also not race names, horse names, or otherwise that are confusingly similar to real races / horses / etc. Blatant disregard for this rule will lead to us changing this information or your possible removal from the game.

If you decide to take part in the game we offer at DerbyFever.com, you may currently choose to play for free or pay for additional options. If you choose to play for free, you understand that we may discontinue the capability to play our game without payment at any time with no warning. If you choose to pay for additional options, we offer a secured, online credit-card gateway to accept credit-card payments. These payments will appear on your statement from Smartacre, LLC (our parent organization). You can also pay using PayPal.com, or by sending us a check. We do not accept cash through the mail. Additional payments will be added to your account in the form of "credits." Under most circumstance, payments are non-refundable and non-transferable. Under some circumstances, however, refunds will be considered. If you desire a refund for any reason, please contact us through e-mail at refunds@smartacre.com.

We store small files, called cookies on your computer during your visit. You must allow your computer to accept cookies written by our site. This is done only to help you navigate "this website" easier and to move from page-to-page without having to log in repeatedly. We may store the IP address you log in from as a way to trouble-shoot problems you may have contacting "the website" or other technical problems you may have with it.

You agree not to use the forum or any other part of this site to post any material which is vulgar, defamatory, inaccurate, harassing, hateful, threatening, invading of others privacy, sexually oriented, or violates any laws. You also agree that you will not post on "this website" any copyrighted material that is not owned by yourself or "this website".

You remain solely responsible for the content of the information you enter on this site, and you agree to indemnify and hold harmless "this website" and their agents with respect to any claim based upon your actions or the actions of others. We also reserve the right to reveal whatever information we know about you in the event of a complaint or legal action arising from your actions.

Although messages posted to the forum, simulated races named by players, and simulated horses named by players are not the responsibility of "this website", we reserve the right to delete any message and change the name of any simulated horse or race for any or no reason whatsoever. Persons posting messages that are removed, name simulated horses names that require altering, or name simulated races names that require altering run the risk of losing access to the forum, losing the ability to name horses, or losing the ability to name race. Under circumstances soley determined by us, those persons may also lose their ability to participate in the game we offer. If you do find any posts are objectionable then please contact "this website"

Use of the forum, the ability to name simulated horses, the ability to name simulated races, and this overall ability to use this website is a privilege, not a right. "We" reserve the right to suspend or terminate accounts on this website for any or no reason whatsoever. If this is done to a paying player, a partial refund may be issued. We also reserve the right to suspend only message board access. In that case, no refund of any type will be issued.

If it is determined that non-game users of the website are too system / management intensive, we may suspend the ability for non-paying users to sign up and / or remove all non-paying players from our database. Players removed from our database for this reason will no longer be contacted via e-mails we send to out user base.

"We" reserve the right to refuse any service we offer to anyone for any reason.

Although we refer to simulated horses as having an “owner”, simulated horses are not actually “owned” by players and have no tangible value. The ability to manage a horse created by our system is dependent initially by the player that created them and, depending on the decisions that player makes, other players can later be given management ability (through simulated claim races, simulated auctions, and other means allowed in the game).

Sometimes, rules to gameplay can be altered or added that may affect gameplay.

The game has been well tested and, to our knowledge, is error free. Website errors or errors in gameplay are not grounds for a refund. All errors will be rectified solely at our discretion. Generally speaking, races will not be replayed in the event that a game error occurs.

"We" will do everything we can to protect the information generated in regards to the games this website offers. " If, however, something occurs and such information is lost, "we" and "we" alone will make the decisions on how to proceed forward. In such cases, refunds are not promised, and are unlikely.

You give us the permission to contact you via e-mail.

You can cancel you DerbyFever.com account at any time by contacting "this website."

You can contact "this website" through the form available online.

Our terms and conditions can change at any time without notice. You understand and agree to this. If any major changes are made to our terms and conditions, you may be asked to agree to them again. If you are asked to do so buy refuse, your account may be suspended until you agree to the revised conditions.

Our mailing address is :

Smartacre, LLC
1328 Porter Street
Franklin, TN 37064
502-287-2149


You can contact us through our automated from on our website. Simply navigate to the Connect button near the top of the page, then choose the Contact Admin option that appears on the left hand side of your screen. Alternately, you can send us an e-mail at contact@smartacre.com.