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PARacingOnline.com
Terms of Service
PLEASE
READ THESE TERMS OF SERVICE CAREFULLY
BECAUSE THEY DESCRIBE YOUR RIGHTS AND
RESPONSIBILITIES.
PARacingOnline.com offers a website
service operated by Garry Ankrom.
PARacingOnline.com is a online community
of race fans. The services offered by
PARacingOnline.com include the
PARacingOnline.com website, and any
other features, content, or applications
offered from time to time by
PARacingOnline.com in connection with
the PARacingOnline.com website
(collectively, the "Service"). This
Terms of Service Agreement ("Agreement")
sets forth legally binding terms for
your use of the Service. By using the
Service you accept and agree to be bound
to the following terms and conditions
whether or not you register as a Member
or pay for Services on
PARacingOnline.com or its affiliated
properties.
Definitions
PARacingOnline.com will use the
following terms in this Agreement:
"Content"
- all data, text, files, images, photos,
video, sounds, musical works, works of
authorship, information, links or any
other materials.
"Member" -
a user that completes the
PARacingOnline.com registration process.
"post" or
"posting" - publish or display.
Rules of
Conduct
You agree
that you are responsible for your own
conduct and communications while using
the Service and for any consequences
thereof. You are solely responsible for
all Content that you post, upload,
transmit or otherwise make available on
the Service, or any material or
information that you transmit to other
Members. You agree to use the Service
only to send and receive messages and
material that are legal, proper and
related to the particular domain on
which you are participating. While
PARacingOnline.com prohibits specific
conduct and Content in connection with
the Service, you understand and agree
that you nonetheless may be exposed to
such conduct and/or Content and that you
use the Service at your own risk. Under
no circumstances will PARacingOnline.com
be liable in any way for any Content.
You agree
to use the Service in ways that are
respectful to other users and their
experience and in a manner consistent
with any and all applicable laws and
regulations. You agree not to use the
Service to:
Upload,
post, transmit or otherwise make
available any Content that is unlawful,
harmful, threatening, abusive,
harassing, tortious, defamatory, vulgar
or obscene (unless within the scope of
the topic area of a message board as
determined by PARacingOnline.com in its
sole discretion), libelous, invasive of
another's privacy, hateful or promote
racism, bigotry, hatred or physical harm
of any kind against any group or
individual; Exploit people in a sexual
or violent manner; Solicit personal
information from anyone under the age of
18; Solicit passwords or personal
identifying information for commercial
or unlawful purposes from other users;
Impersonate another person or entity,
whether or not a Member of
PARacingOnline.com; Upload, post,
transmit or otherwise make available
restricted or password only access pages
or hidden pages or images (those not
linked to or from another accessible
page); Upload, post, transmit or
otherwise make available any Content
that infringes any patent, trademark,
copyright, trade secret or other
proprietary right of any party
(collectively the "Proprietary Rights"),
unless you are the owner of the
Proprietary Rights or have the
permission of its owner to post such
Content; Upload, post, transmit or
otherwise make available any Content
that promotes an illegal or unauthorized
copy of the copyrighted work of another,
such as providing pirated computer
programs or links to them, providing
information to circumvent
manufacture-installed copy-protect
devices, or providing pirated music or
links to pirated music files; Upload,
post, transmit or otherwise make
available any Content that provides
instructional information about illegal
activities such as making or buying
illegal weapons or promote physical harm
or injury against any group or
individual, violating someone's privacy,
or providing or creating computer
viruses; Falsify or delete any author
attributions, legal or other proper
notices or proprietary designations or
labels stating the origin or source of
software or other material contained in
a file that is posted; Promote, engage
or otherwise make available any
unsolicited or unauthorized advertising,
promotional materials, pyramid schemes,
chain letters, disruptive commercial
messages, false or misleading
information or any other form of
solicitation; Transmit any viruses,
worms, defects, Trojan horses, or any
items of a destructive nature; Attempt
to reverse engineer, disassemble,
decrypt or decompile the Service or any
systems of PARacingOnline.com or its
affiliated organizations; Do anything
that may interfere with the operation of
the Service, including, but not limited
to, hacking, spamming and flood
attacking; Remove any copyright,
trademark or other proprietary rights
notices contained in or on the Service;
Interfere with or disrupt the Service or
servers or networks connected to the
Service, or disobey any requirements,
procedures, policies or regulations of
networks connected to the Service; Use
any robot, spider, site search/retrieval
application, or other device to retrieve
or index any portion of the Service or
collect information about users for any
unauthorized purpose; Submit Content
that falsely expresses or implies that
such Content is sponsored or endorsed by
PARacingOnline.com; Create user accounts
by automated means, or under false or
fraudulent pretenses; or Cover or
obscure the banner advertisements on
your personal profile page, or any
PARacingOnline.com page via HTML/CSS or
any other means.
If you use
the Service to commit any of the above,
PARacingOnline.com may, in its sole
discretion, terminate your password,
account or ability to use the Service,
and remove and discard any Content
within the Service.
International users agree to comply with
their own local rules regarding online
conduct and acceptable content,
including laws regulating the export of
data to the United States or to or from
your country of residence and expressly
consent to and acknowledge that by using
the Service they may be transferring
personal data to the United States
without any liability or obligation on
the part of PARacingOnline.com except as
set forth in this Agreement and in
PARacingOnline.com's Privacy Policy.
Although
PARacingOnline.com cannot monitor the
conduct of its Members off the website,
it is also a violation of these rules to
use any information obtained from the
Service in order to harass, abuse, or
harm another person, or in order to
contact, advertise to, solicit, or sell
to any Member without their prior
explicit consent. In order to protect
our users from such advertising or
solicitation, PARacingOnline.com
reserves the right to restrict the
number of system-generated emails which
a user may send to other users in any
24-hour period to a number which
PARacingOnline.com deems appropriate in
its sole discretion.
You
acknowledge and agree that
PARacingOnline.com may preserve or
disclose any Content if it reasonably
believes disclosure is required by law
or in the good faith belief that such
preservation or disclosure is reasonably
necessary to: (a) comply with legal
process; (b) enforce this Agreement; (c)
respond to claims that any Content
violates the rights of third-parties; or
(d) protect the rights, property, or
personal safety of PARacingOnline.com
its users and the public. You are solely
responsible for your interactions with
other users of the Service.
PARacingOnline.com reserves the right,
but has no obligation, to monitor
disputes between you and other users of
the Service.
You are
solely responsible for your interactions
with other users of the Service.
PARacingOnline.com reserves the right,
but has no obligation, to monitor
disputes between you and other users of
the Service.
Eligibility and Registration
Membership
in the Service is void where prohibited
by law. You do not need to be a Member
to read certain Content on
PARacingOnline.com, however if you want
to post messages you will need to
complete the registration process. By
using the PARacingOnline.com website and
the Service, you represent and warrant
that all registration information you
submit is truthful and accurate, and
that you agree to maintain the accuracy
of such information on an ongoing basis.
To comply with the Children's Online
Privacy Protection Act, at this time
PARacingOnline.com is only available to
users who are at least 13 years old. IF
YOU ARE UNDER 13, YOU MAY NOT REGISTER
TO USE THE SERVICE OR PROVIDE PERSONAL
INFORMATION TO PARACINGONLINE.COM
THROUGH THIS WEB SITE.
Your
Membership is solely for your personal
use, and you shall not authorize others
to use your account, including your
profile or email address. You are solely
responsible for all Content published or
displayed through your account,
including any email messages, and for
your interactions with other users. As
part of the registration process, you
will be asked to select a username and
password and you will be responsible for
all activities occurring under your
username and for keeping your password
secure.
Links
Some links
on the Service lead to sites posted by
independent site owners. Because
PARacingOnline.com has no control over
these sites and there is no relationship
between PARacingOnline.com and these
sites, PARacingOnline.com is not
responsible for such sites'
accessibility via the Internet and does
not endorse products, services, or
information provided by such sites. As
such, PARacingOnline.com is not
responsible or liable, directly or
indirectly, for any damage or loss
caused or alleged to be caused by or in
connection with, use of or reliance by
any user of other Content, goods, or
services available on or through any
other site, even if user has been
directed there through a link posted on
PARacingOnline.com.
Domain
Administrators
Domain
Administrators have additional
capabilities and responsibilities with
regard to the Members, users, and
Content of a domain. The Domain
Administrator decides whether a domain
or any portion thereof is restricted to
certain members or accessible to the
public generally, and the Domain
Administrator may change the access to
the domain or any portion thereof at any
time. In restricted areas, the Domain
Administrator decides who may be a
member, and can access and change the
membership list in his or her sole
discretion. A Domain Administrator may,
at any time, transfer his or her
administration of a domain to another
PARacingOnline.com user. In regard to
Content, a Domain Administrator shall be
responsible for the maintenance and
monitoring of the Content in the domain,
including deciding to and deleting any
domain, Content or archived Content at
any time and in his or her discretion.
Domain
Administrators must accurately
categorize the group(s) they manage
using the categorization tools provided
on PARacingOnline.com. Categorization
must be accurate and updated immediately
should the Content of a Domain no longer
be represented by the previous
categorization. If the domain or portion
thereof managed by a Domain
Administrator contains sexually explicit
Content that is not suitable for minors,
the Domain Administrator agrees to
categorize the domain or portion thereof
as such. If a domain contains Content
that is sexually explicit and the Domain
Administrator does not mark the Group
appropriately, PARacingOnline.com shall
have the right, in its sole discretion,
to delete, without any liability, the
domain, including all messages posted to
that domain.
Limitations, Conditions and Rules
Regarding Service
You agree
that PARacingOnline.com may establish or
change, in its sole discretion, at any
time, with or without notice to you, any
limitations, conditions or rules
concerning use of the Service,
including, for example, the maximum
number of messages a Member may post to
a specific board or the Service in any
given day, the number of days that
posted messages will remain available,
or the maximum size of a permitted post.
Modification and Termination of Service
PARacingOnline.com reserves the right at
any time and from time to time to modify
or discontinue, temporarily or
permanently, the Service (or any part of
it) or your use of the Service, with or
without notice. You agree that
PARacingOnline.com shall not be liable
to you or to any third party for any
modification, suspension or
discontinuance of the Service or your
use of the Service or for the return of
fees paid by you in connection with your
use of the Service.
You agree
that PARacingOnline.com may, in its sole
discretion, at any time terminate your
password, account (or any part of it) or
ability to use the Service, temporarily
or permanently, and remove and discard
any Content posted by you within the
Service, for any reason or for no
reason. You agree that any termination
of your access to the Service may be
immediate and without prior notice. You
further agree that PARacingOnline.com
shall not be liable to you or any
third-party for any termination of your
use or ability to access the Service. If
PARacingOnline.com terminates your
Membership in the Service for any
reason, you shall not be entitled to the
refund of fees paid to
PARacingOnline.com or its affiliates.
Even after Membership is terminated,
this Agreement will remain in effect.
Specific
reasons that PARacingOnline.com may
terminate your access or use, include,
but are not limited to:
-
lack
of use.
-
violation of the letter or the
spirit of this Agreement.
-
circumvention of any
PARacingOnline.com banner display.
-
use in
your registration for
PARacingOnline.com Membership of an
email account that is not your own
or that is or becomes inactive.
-
reproduction, distribution,
republication or retransmission of
material posted by other
PARacingOnline.com Members without
the prior permission of such
Members.
-
belief
that your account may cause
PARacingOnline.com to lose the
services of its ISP or suppliers.
Disclaimer
of Warranties
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE
OF THE SERVICE IS AT YOUR SOLE RISK. THE
SERVICE IS PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS. PARACINGONLINE.COM,
ITS PARENT COMPANIES, SUBSIDIARIES,
AFFILIATES, OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS 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.
PARACINGONLINE.COM AND ITS PARENT
COMPANIES, SUBSIDIARIES, AFFILIATES,
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS MAKE NO WARRANTY
THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, OR (iii) THE INFORMATION
THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICE WILL BE ACCURATE OR RELIABLE.
ANY
MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SERVICE
IS OBTAINED AND USED AT YOUR SOLE RISK
AND DISCRETION AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL.
NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU THROUGH OR FROM THE
SERVICE SHALL CREATE ANY WARRANTY TO YOU
BY PARACINGONLINE.COM, ITS PARENT
COMPANIES, SUBSIDIARIES, AFFILIATES,
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS.
Limitation
of Liability
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT
PARACINGONLINE.COM, ITS PARENT
COMPANIES, SUBSIDIARIES, AFFILIATES,
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF PARACINGONLINE.COM HAS
BEEN ADVISED IN ADVANCE OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM: (I) THE USE OR THE INABILITY TO
USE THE SERVICE; (II) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO, THROUGH, OR
FROM THE SERVICE; (III) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (IV) STATEMENTS
BY OR CONDUCT OF ANY THIRD PARTY ON THE
SERVICE; OR (V) ANY OTHER MATTER
RELATING TO THE SERVICE.
Indemnification
You agree
to defend, indemnify and hold each of
PARacingOnline.com, its parent
companies, subsidiaries, affiliates,
officers, directors, employees, agents,
parents and licensors, harmless from any
and all claims, demands, liabilities,
losses, damages, and/or expenses,
including reasonable attorneys' and
expert witness fees arising out of or
relating to the use of the Services
and/or in violation of this Agreement by
you and/or any users of your
PARacingOnline.com account, including,
without limitation, any breach of the
representations and warranties made by
you herein, any and all claims arising
from Content or other materials posted
onto the Service by you, or the
infringement by you, or any other user
of your account, of any Proprietary
Rights or other rights of any person or
entity.
Breaches
of Security
Members,
users and Domain Administrators must
promptly inform PARacingOnline.com of
apparent breaches of security, including
without limitation loss, theft,
unauthorized disclosure or use of an ID
or password or any violations of this
Agreement. PARACINGONLINE.COM ASSUMES NO
LIABILITY AND EXPRESSLY DISCLAIMS ANY
WARRANTY OR LIABILITY THAT MIGHT ARISE
IN CONNECTION WITH THE LOSS, THEFT OR
UNAUTHORIZED ACCESS TO OR DISCLOSURE OF
AN ID, PASSWORD OR OTHER PERSONAL
INFORMATION RELATING TO THE USE OF THE
SERVICE. You expressly assume any and
all liability in connection with actual
and/or apparent breaches of security.
Notice of actual or apparent security
breaches should be immediately provided
upon discovery and can be delivered to
gankrom@PARacingOnline.com.
Communication and Support
As a part
of the Service PARacingOnline.com
provides to its Members and Domain
Administrators, PARacingOnline.com
communicates via email, posting, and
other means to inform you of
enhancements or changes in offerings,
services, or other relevant information
targeted to your interests. Details of
these communication efforts are noted
within the Privacy Policy. Users have
the option to remove themselves from
various email communications by
following the conditions listed within
the message or by following the
procedures as noted in the Privacy
Policy.
PARacingOnline.com may provide you with
notices regarding the Service or this
Agreement by email and/or posting on
this web site. Even though you may
request removal from the distribution of
certain emails, PARacingOnline.com has
the right to send messages from time to
time that it believes would interest the
Members and Domain Administrators.
Support
for PARacingOnline.com Members is
provided only by emailing
gankrom@paracingonline.com.
PARacingOnline.com does not respond to
telephone or postal inquiries for
product support related matters.
General
This
Agreement constitutes the entire
agreement between you and
PARacingOnline.com and governs your use
of the Service, and supersedes all prior
agreements between you and
PARacingOnline.com with respect to the
Service. You also may be subject to
additional terms and conditions that may
apply when you use or purchase certain
other PARacingOnline.com Services.
Headings
used in this Agreement are for reference
purposes only and in no way define,
limit, construe or describe the scope or
extent of such section or in any way
affect this Agreement. All provisions of
this Agreement that by their terms
extend beyond the termination of use of
the Services or this Agreement shall
survive such termination and remain in
full force and effect.
This
Agreement shall be governed by
Pennsylvania law and controlling United
States federal law, without regard to
the choice or conflicts of law
provisions of any jurisdiction, and any
disputes, actions, claims or causes of
action arising out of or in connection
with this Agreement or the Service shall
be subject to the exclusive jurisdiction
of the state and federal courts.
The
failure of PARacingOnline.com to
exercise or enforce any right or
provision of the Agreement shall not
constitute a waiver of such right or
provision. If any provision of the
Agreement is found by a court of
competent jurisdiction to be invalid,
the parties nevertheless agree that the
court should endeavor to give effect to
the parties' intentions as reflected in
the provision, and the other provisions
of the Agreement shall remain in full
force and effect.
PARacingOnline.com may modify this
Agreement from time to time, in its sole
discretion. Each time you use the
PARacingOnline.com Services, you will be
deemed to have accepted any such
changes. PARacingOnline.com shall have
no obligation to notify you of any such
changes other than posting such
modifications on the PARacingOnline.com
Service, but PARacingOnline.com reserves
the right, in its sole discretion, to
provide you notice of such changes to
any e-mail address you have provided to
PARacingOnline.com, or the mailing
address you have provided to
PARacingOnline.com.
Notices
may be given to PARacingOnline.com by
pre-paid certified mail return receipt
requested or overnight delivery to:
Garry Ankrom
558 Madison Drive
Smithfield, PA 15478
USA
Document
Revision 1 Release Date 10/8/2009 |
