1.1 This agreement (“Agreement”) governs your use of this web site and mobile applications operated by Racer Media & Marketing, Inc. ("Racer"), and the related services (collectively, the "Service"). Your registration, subscription or use of this web site or mobile application indicates your acceptance of these terms and conditions.
1.2 Racer reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published on our web site or mobile application. Your continued use of the Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by Racer as permitted above. Please be sure to review this Agreement periodically to ensure familiarity with the most current version. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease all use of the Service.
1.3 The Service is directed to adults and is not directed to children under the age of 13. You must be 13 years of age or older to use the Service. Racer complies with the Children's Online Privacy Protection Act and does not permit registration by and will not knowingly collect personally identifiable information from anyone under age 13. By registering for the Service, you represent and warrant that you are 13 years of age or older.
1.5 You agree to pay the Subscription Fees and any other charges incurred in connection with your username and password at the rates in effect when the charges were incurred. If you've elected to pay by credit card, we will bill all charges to your credit card upon receipt of subscription form. All fees and charges are nonrefundable.
1.6 If you believe someone has accessed the web site or mobile application using your user name and password without your authorization, you must contact Racer using the information located under "Contact Us".
1.7 If you are authorized to access Racer through arrangements between your employer and us, some or all of these "Fees and Payments" terms may not apply to you. Please contact your employer for details.
1.8 We will make reasonable attempts to contact you when your subscription is due to expire, and offer a simple process for renewing your subscription. Any special offers or discounts obtained upon your initial subscription or any subsequent renewals may not necessarily be offered on renewal, and we reserve the right to change our subscription fees at any time without notice.
2. Use of Content
2.1 You acknowledge that the Service contains information, software, photographs, audio and video clips, graphics, links and other material of Racer (collectively, the "Content") that are protected by copyright, trademark or other proprietary rights of Racer or third parties. All Content on the Service is copyrighted as a collective work of Racer pursuant to applicable copyright law. You agree to comply with any copyright notices, information, or restrictions contained in any Content available on or accessed through the Service. Users of the Service may use the Content only for their personal, noncommercial use. Single copies of pages from the Site or mobile application may be printed out for the sole purposes of enabling the person printing the page to retain a copy for their own personal records. Businesses, organizations or other legal entities may not become Members and are not permitted to use the Service for any purpose, including but not limited to collecting usernames and /or email addresses of Members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Service.
2.2 Except as expressly permitted in Section 2.3 of this Agreement, you may not modify, publish, transmit, reproduce, create derivative works from, distribute, perform, display, sell, transfer or in any way exploit any of the Content or Material, in whole or in part. Content consisting of downloadable software may not be reverse engineered unless specifically authorized by the owner of the software's patent and/or copyright. You agree not to circumvent, disable or otherwise interfere with any security related features of the Service or the Content, including features that prevent or restrict use or copying or that enforce limitations on use.
2.3 You may download, copy and make any personal, non-commercial use of the Content and use that is permitted by Sections 107 through 122 of the United States Copyright Act of 1976, as amended ("Copyright Act") and not prohibited by any section of the Copyright Act or by any other applicable law, rule or regulation; provided, however, that you maintain all copyright and other notices contained in such Content; and provided further that you shall not store electronically any significant portion of any Content.
2.4 The copyright, and other rights, in some of the material appearing on the Site or mobile application may belong to a third party. It is your responsibility to obtain any licenses or permissions that may be required to use such material and you agree to pay any costs or expenses incurred by Racer which arise as a result of your failure to obtain such licenses and permissions.
2.5 The Service provides general information only and does not constitute legal or other advice. It is your responsibility to check the accuracy or relevant facts and opinions given on the Site or mobile application before entering into any commitment based upon them.
2.6 The names, images and logos identifying Racer or third parties and their products and services, are the proprietary marks of Racer, and/or may be the proprietary marks of third parties. Any use made of these marks may be an infringement of rights in those marks and Racer reserves all rights to enforce such rights that it might have.
2.7 If you believe that your work has been copied and posted on the Service in a way that constitutes copyright or trademark infringement, please notify us in the "Contact Us" sections of the web site with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest; (b) a description of the copyrighted work(s) or trademark(s) that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the web site or mobile application; (d) your address, telephone number, and email address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or trademark owner or authorized to act on the copyright or trademark owner's behalf.
2.8 If you object to the publication of any material placed on the Site or mobile application please let Racer know by calling 949-417-6700 or by sending an appropriately worded email to firstname.lastname@example.org and they will take whatever action they deem appropriate.
3. Submitting Content
3.1 You may submit material for publication on parts of the Site or mobile application. Racer accepts no liability in respect of any material submitted by users and published by us and we are not responsible for its content and accuracy. If you want to submit material to Racer for publication on the Site or mobile application, you may do so on the following terms and conditions:
• Racer may publish and make available to the public by any means any material that you submit, post, upload, email or otherwise transmit to them or to the Site or mobile application at their sole discretion and they shall be entitled to make additions or deletions to any such material prior to publication.
• You hereby grant Racer a non-exclusive, royalty-free, perpetual and worldwide license to republish any material you submit, post, upload, email or otherwise transmit to them or to the Site or mobile application in any format, including without limitation print and electronic format.
• You hereby waive all of the moral rights that you have under Chapter IV of the Copyright, Design and Patents Act 1988 in respect of any material you submit, post, upload, email or otherwise transmit to Racer or to the Site or mobile application.
• Publication of any material you submit to us will be at Racer's sole discretion. Racer reserves the right to make additions or deletions to the text or graphics prior to or after publication, to refuse publication.
• You warrant to Racer that any material you submit to the Site or mobile application is your own original work and that you own the copyright and any other relevant rights.
• You warrant that the material you submit and the language that you use is not obscene, abusive, hateful, offensive, defamatory of any person or otherwise illegal.
• You agree not to post material which is deliberately intended to upset other users, to breach confidence, to compromise privacy or to process personal data in an unauthorized manner.
• You agree not to post material which may encourage criminal conduct or which may give rise to civil liability, or which is otherwise unlawful.
• You agree not to place any links on the Site or mobile application where those links take users to unlawful material or material that contravenes these terms.
• You agree that, except where expressly permitted by Racer, you will not to place on the Site or mobile application advertisements nor make commercial solicitations nor use the Site or mobile application for any commercial purposes (which would include using the Site or mobile application to promote or encourage the sale of your goods/services).
• You acknowledge that any breach of these warranties may cause Racer damage or loss and you agree to indemnify Racer in full and permanently against any third party liabilities, claims, costs, loss or damage we incur as a result of publishing material you submit to us, including consequential losses.
• Racer reserves the right to remove your access to individual services completely if Racer believes that you are abusing the services in any way.
3.2 Racer shall have the right at any time and for any reason to remove from the pages on the Site or mobile application any material posted, uploaded, emailed or otherwise transmitted by you without giving you any advance notice and Racer shall not be liable for any losses or damages whatsoever arising from the removal of such material.
3.3 Racer will not view or edit or pre-screen any contribution that you or anyone else make to the interactive pages of the Site or mobile application and therefore, unless Racer is specifically notified of the nature of any item of content, Racer has no liability for having made the Materials available on the Site or mobile application. Racer shall have the right (but not the obligation) to refuse or remove any Materials that is posted to, or made available on, the forums or the web site or mobile application without the need to give any reasons for doing so.
4. Rules of Conduct
4.1 If you have purchased a subscription, the log in credentials are personal to the individual named on the account and cannot be shared with or used by any other individual, or entity. Subscribers can change the authorized person on the subscription account during the valid subscription period. The sharing of passwords, login information, or user identification is forbidden unless a multiple user agreement has been executed with Racer. We reserve the right to monitor the use of the Service to ensure compliance with this Agreement and prevent fraudulent use. Such monitoring of use may include but will not be limited to determining whether or not the Service is accessed under the account from multiple source or IP Addresses.
4.2 You agree that you will not use the Service (a) for the posting, uploading, emailing or other transmission of any material which infringes the rights of any person or which is unlawful in any other respect; (b) in any way which is abusive, defamatory or obscene or which will harass, distress or inconvenience any person or which might restrict or inhibit the use and enjoyment of the Site or mobile application by any person; (c) which will compromise the privacy or data protection rights of any person; (d) for the posting, uploading, emailing or other transmission of any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation or commercial exploitation; (e) for the posting, uploading, emailing or other transmission of any material that contains software viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment; (f) to create a database (electronic or otherwise) that includes material downloaded from the Site or mobile application; (g) to transmit or re-circulate any material obtained from the Site or mobile application to any third party; or (h) in any way that might bring Racer or any of its related companies or employees into disrepute. The following is an incomplete list of other illegal and prohibited uses of the Service. While utilizing the Service, you may not:
• use the Service for any commercial purpose, to distribute any advertising or solicitation of funds or goods and services, or to solicit users to join competitive online services;
• post on the Service any links to any external Internet Site or mobile applications that are obscene or pornographic, or display pornographic or sexually explicit material of any kind;
• use any robot, spider, Site or mobile application search and/or retrieval application, or other device to retrieve or index any portion of the Service;
• reformat or frame any portion of any web page that is part of the Service;
• post Material containing restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
• submit any Material that falsely implies sponsorship of that Material by Racer, falsify or delete any author attributions in any Materials, or promote any information that you know is false or misleading;
• transmit any viruses, worms, defects, Trojan horses or other items of a contaminating or destructive nature through the Service;
• submit Material that violates the rights of others, such as Material that infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity, or that is libelous or defamatory, or that directs any user, by linking or any other method, to the content of a third party without the third party's written consent;
• promote an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or videos or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; or
• submit Material that is libelous, defamatory, obscene, pornographic, abusive, harassing, threatening, unlawful or promotes or encourages illegal activity.
Racer may investigate any illegal and/or unauthorized use of the Service and appropriate legal action may be taken, including without limitation, termination of your right to access the Service, and civil, criminal, and injunctive redress.
5. Managing Content
5.1 Racer reserves the right to delete, move or edit any Content or Material that it may determine, in its sole discretion, violates this Agreement or is otherwise unacceptable. However, Racer does not and cannot review all of the Material posted by users on the Service and is not responsible for such Material. You shall remain solely responsible for all Material. Although Racer reserves the right to remove any offending Material on the Service, you understand and agree that you nonetheless may be exposed to such Material and that you further waive your right to any damages (from any party) related to such exposure.
5.2 Racer shall have the right, but not the obligation, to correct any errors or omissions in any Content, as it may determine in its sole discretion. Although Racer reserves the right to correct any Content on the Service, you understand and agree that you nonetheless may be exposed to such Content and that you further waive your right to any damages (from any party) related to such exposure.
6. No Endorsement
6.1 Racer does not represent or endorse the accuracy or reliability of any Content or Material and you acknowledge that any reliance upon such Content and Material shall be at your sole risk. Any Material placed on any area by users represents the views of the user posting the statement, and does not represent the views of Racer.
6.2 The Service may contain links to Sites or mobile applications on the Internet which are owned and operated by third parties (the "External Site or mobile applications"). You acknowledge that Racer is not responsible for the availability of, or the content located on or through, any External Site or mobile application. You should contact the Site or mobile application administrator or webmaster for those External Site or mobile applications if you have any concerns regarding such links or the content located on such External Site or mobile applications.
You agree to indemnify, defend and hold Racer and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the "Racer Parties") harmless from and against any and all claims, liability, losses, damages, costs and expenses (including attorneys' fees) incurred by any Racer Party in connection with any Material or with the use or alleged use of any Content or the Service, including any use under your password by any person, whether or not authorized by you, o from your breach or violation of these terms and conditions. Racer reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Racer's defense of such claim.
8. Termination of Service
8.1 Upon commencement of a Subscription, initiated either by phone, online, or e-mail, or postal mail, there are no cancellations and no refunds of Subscription Fees or any portion thereof will be given under any circumstances.
8.2 Racer reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Service, including the discussion areas, at any time for any reason without prior notice or liability. You may terminate your membership of the Service at any time, for any reason, by emailing Racer at email@example.com. Once your membership terminates, you will have no right to use the Service. The terms of this Agreement shall survive any termination of your membership. Racer may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any feature, database, or Content (including the discussion areas), without prior notice or liability.
9. Disclaimer of Warranties; Limitation of Liability
9.1 NEITHER RACER NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE CONTENT OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES RACER, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OR THE CONTENT. THE SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NONE OF RACER, THIRD PARTY CONTENT PROVIDERS OR THEIR RESPECTIVE AGENTS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICE. NEITHER RACER NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SERVICE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
9.2 You expressly agree that the entire risk as to the quality and performance of the Service and the accuracy or completeness of the Content is assumed solely by you. You specifically acknowledge that Racer is not responsible or liable for any unauthorized access to or alteration of your Materials, data or other transmissions entered into through the Service or for any threatening, defamatory, obscene, offensive or illegal Content or for conduct of any other party or for any infringement of another's rights.
9.3 Please note that a small number of people may experience epileptic seizures when exposed to certain light patterns on a computer screen like those displayed when using the Service. Consult your physician prior to using the Service if you have had any epileptic symptoms (such as eye or muscle twitches, dizziness, altered vision, disorientation, loss of awareness, involuntary movements or convulsions) and discontinue use of the Service immediately if you experience any such symptoms.
9.4 NEITHER RACER, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR MOBILE APPLICATION, SITE OR MOBILE APPLICATION-RELATED SERVICES, AND/OR HYPERLINKED WEB SITE OR MOBILE APPLICATIONS IS TO STOP USING THE SITE OR MOBILE APPLICATION AND/OR THOSE SERVICES.
9.5 Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, the liability of Racer, third party content providers and their respective agents shall be limited to the greatest extent permitted by law.
10. Member Disputes
You are solely responsible for your interactions with other Members of the Service. Racer reserves the right, but has no obligation, to monitor disputes between you and other Members.
11. Special Admonitions for International Use
We control and operate the web site from our offices in the United States of America. We do not represent that materials on the web site are appropriate or available for use in other locations. As a consequence of the global nature of the Internet, you agree to comply with all local rules regarding user conduct on the Internet and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Some of the pages on the Site or mobile application include links to external web site or mobile applications. These links are included to give users the opportunity to access other pages that it is felt may be of assistance to them. Except for Racer owned links, Racer is not responsible for the content of these internet Site or mobile applications.
13.1 Some of the pages on the Site or mobile application include advertising banners and other promotional messages that link to other Internet Site or mobile applications. Racer is not responsible for the content of advertisements, hyperlinks from advertising or the content of other Internet Site or mobile applications.
13.2 Some of the pages on the Site or mobile application include material (including, but not limited to, advertisements) posted by third parties. This includes most of the material that is posted on the "Jobs" section of the Site or mobile application which has been posted by third party employment agencies and businesses. Individual users and advertisers are solely responsible for the content of advertising and other material which they submit to Racer and for ensuring that such content complies with all relevant legislation. Racer accepts no responsibility for the content of material posted by third parties, including, without limitation, any error, omission or inaccuracy therein.
13.3 On some of the pages of the Site or mobile application users may be given the opportunity of entering into agreements with third parties. Racer is not a party to those agreements, does not act as an agent for those third parties (who, in turn, do not act as agents for Racer) and Racer is not liable in relation to, and takes no responsibility for, any contract entered into by users with any third party.
14.1 While efforts have been taken to ensure that the pages on the Site or mobile application are free from viruses, Racer gives no warranties that they are indeed free from viruses and users are responsible for ensuring that they have installed adequate virus checking software.
14.2 Racer excludes, in so far as it is legally responsible, all liability and responsibility for any viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment or other material transmitted with or as part of: (a) the pages on the Site or mobile application or any other Internet Site or mobile applications; (b) any material downloaded from the Site or mobile application or any other Internet Site or mobile applications; or (c) Any publication, product or service.
15. Miscellaneous; Jurisdiction of Disputes
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without reference to principles of choice of law. You and Racer each irrevocably consent to the personal jurisdiction of the federal or state courts located in Orange County, California (the "Courts") with respect to any action, suit or proceeding arising out of or related to this Agreement or to the Service (including without limitation any Content or Material) and waive any objection to venue in any of the Courts for such an action, suit or proceeding (whether based on forum non conveniens or otherwise); additionally, you agree that you will not bring any such action, suit or proceeding in any court other than the Courts. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of this Agreement and any additional terms and conditions posted on the Service, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. If any provision of this Agreement is held invalid, illegal or unenforceable in any respect, (i) such provision shall be interpreted in such a manner as to preserve, to the maximum extent possible, the intent of the parties, (ii) the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and (iii) such decision shall not affect the validity, legality or enforceability of such provision under other circumstances.
16. Racer Media & Marketing, Inc.
Racer Media & Marketing, Inc. is a California corporation whose office is at 16842 Von Karman Ave., Suite 125, Irvine, CA 92606 USA.
These Terms and Conditions were revised May 10, 2012