1. ACCEPTANCE OF TERMS
Welcome to DLBRacing.com. DLBRacing.com provides its service to you, subject to
the following Terms of Service ("TOS"), which may be updated by us from time to
time without notice to you. You can review the most current version of the TOS at
any time at: http://www.DLBRacing.com/Legal/tos.aspx. In addition, when using particular
DLBRacing.com services, you and DLBRacing.com shall be subject to any posted guidelines
or rules applicable to such services which may be posted from time to time. All
such guidelines or rules are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
DLBRacing.com currently provides users with access to a rich collection of resources,
including, various communications tools, forums, personalized content and branded
programming through its network of properties (the "Service"). You also understand
and agree that the Service may include advertisements and that these advertisements
are necessary for DLBRacing.com to provide the Service. Unless explicitly stated
otherwise, any new features that augment or enhance the current Service, including
the release of new DLBRacing.com properties, shall be subject to the TOS. You understand
and agree that the Service is provided "AS-IS" and that DLBRacing.com assumes no
responsibility for the timeliness, deletion, mis-delivery or failure to store any
user communications or personalization settings. You also understand and agree that
the service may include certain communications from DLBRacing.com, such as service
announcements and administrative messages, these communications are considered part
of DLBRacing.com membership and you will not be able to opt out of receiving them.
You are responsible for obtaining access to the Service and that access may involve
third party fees (such as Internet service provider or airtime charges). You are
responsible for those fees, including those fees associated with the display or
delivery of advertisements. In addition, you must provide and are responsible for
all equipment necessary to access the Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true, accurate,
current and complete information about yourself as prompted by the Service's registration
form (such information being the "Registration Data") and (b) maintain and promptly
update the Registration Data to keep it true, accurate, current and complete. If
you provide any information that is untrue, inaccurate, not current or incomplete,
or DLBRacing.com has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, DLBRacing.com has the right to suspend or
terminate your account and refuse any and all current or future use of the Service
(or any portion thereof). DLBRacing.com is concerned about the safety and privacy
of all its users, particularly children. Please remember that the Service is designed
to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility
to determine whether any of the Services and/or Content (as defined in Section 5
below) are appropriate for your child.
4. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will create a password and account designation upon completing the Service's
registration process. You are responsible for maintaining the confidentiality of
the password and account, and are fully responsible for all activities that occur
under your password or account. You agree to (a) immediately notify DLBRacing.com
of any unauthorized use of your password or account or any other breach of security,
and (b) ensure that you exit from your account at the end of each session. DLBRacing.com
cannot and will not be liable for any loss or damage arising from your failure to
comply with this Section
5. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs,
graphics, video, messages or other materials ("Content"), whether publicly posted
or privately transmitted, are the sole responsibility of the person from which such
Content originated. This means that you, and not DLBRacing.com, are entirely responsible
for all Content that you upload, post, email, transmit or otherwise make available
via the Service. DLBRacing.com does not control the Content posted via the Service
and, as such, does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Service, you may be exposed to Content that is
offensive, indecent or objectionable. Under no circumstances will DLBRacing.com
be liable in any way for any Content, including, but not limited to, for any errors
or omissions in any Content, or for any loss or damage of any kind incurred as a
result of the use of any Content posted, emailed, transmitted or otherwise made
available via the Service.
You agree to not use the Service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful,
harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise
objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a DLBRacing.com
official, forum leader, guide or host, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin
of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that you
do not have a right to make available under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential information
learned or disclosed as part of employment relationships or under nondisclosure
agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes
any patent, trademark, trade secret, copyright or other proprietary rights ("Rights")
of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid
schemes," or any other form of solicitation, except in those areas that are designated
for such purpose;
- upload, post, email, transmit or otherwise make available any material that contains
software viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware or telecommunications
equipment;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other
users of the Service are able to type, or otherwise act in a manner that negatively
affects other users' ability to engage in real time exchanges;
- 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;
- intentionally or unintentionally violate any applicable local, state, national
or international law, including, but not limited to, regulations promulgated by
the U.S. Securities and Exchange Commission, any rules of any national or other
securities exchange, including, without limitation, the New York Stock Exchange,
the American Stock Exchange or the NASDAQ, and any regulations having the force
of law;
- "stalk" or otherwise harass another; or
- collect or store personal data about other users.
You acknowledge that DLBRacing.com does not pre-screen Content, but that DLBRacing.com
and its designees shall have the right (but not the obligation) in their sole discretion
to refuse or move any Content that is available via the Service. Without limiting
the foregoing, DLBRacing.com and its designees shall have the right to remove any
Content that violates the TOS or is otherwise objectionable. You agree that you
must evaluate, and bear all risks associated with, the use of any Content, including
any reliance on the accuracy, completeness, or usefulness of such Content. In this
regard, you acknowledge that you may not rely on any Content created by DLBRacing.com
or submitted to DLBRacing.com, including without limitation information in DLBRacing.com
Calendar, and in all other parts of the Service.
You acknowledge and agree that DLBRacing.com may preserve Content and may also disclose
Content if required to do so by law or in the good faith belief that such preservation
or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce
the TOS; (c) respond to claims that any Content violates the rights of third-parties;
or (d) protect the rights, property, or personal safety of DLBRacing.com, its users
and the public.
You understand that the technical processing and transmission of the Service, including
your Content, may involve (a) transmissions over various networks; and (b) changes
to conform and adapt to technical requirements of connecting networks or devices.
6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local
rules regarding online conduct 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.
7. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
DLBRacing.com does not claim ownership of Content you submit or make available for
inclusion on the Service. However, with respect to Content you submit or make available
for inclusion on publicly accessible areas of the Service, you grant DLBRacing.com
the following world-wide, royalty free and non-exclusive license(s), as applicable:
- With respect to Content you submit or make available for inclusion on publicly
accessible areas of DLBRacing.com, the license to use, distribute, reproduce, modify,
adapt, publicly perform and publicly display such Content on the Service solely
for the purposes of providing and promoting the specific Event or Club to which
such Content was submitted or made available. This license exists only for as long
as you elect to continue to include such Content on the Service and will terminate
at the time you remove or DLBRacing.com removes such Content from the Service.
- With respect to photos, graphics, audio or video you submit or make available for
inclusion on publicly accessible area of the Service, the license to use, distribute,
reproduce, modify, adapt, publicly perform and publicly display such Content on
the Service solely for the purpose for which such Content was submitted or made
available. This license exists only for as long as you elect to continue to include
such Content on the Service and will terminate at the time you remove or DLBRacing.com
removes such Content from the Service.
- With respect to Content other than photos, graphics, audio or video you submit
or make available for inclusion on publicly accessible areas of the Service, the
perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce,
modify, adapt, publish, translate, publicly perform and publicly display such Content
(in whole or in part) and to incorporate such Content into other works in any format
or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas of the DLBRacing.com
network of properties that are intended by DLBRacing.com to be available to the
general public. By way of example, publicly accessible areas of the Service would
include pages that are open to both members and visitors. However, publicly accessible
areas of the Service would not include portions of pages that are limited to members,
DLBRacing.com services intended for private communication or areas off of the DLBRacing.com
network of properties that are accessible through DLBRacing.com but are not hosted
or served by DLBRacing.com.
8. INDEMNITY
You agree to indemnify and hold DLBRacing.com, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless from any
claim or demand, including reasonable attorneys' fees, made by any third party due
to or arising out of Content you submit, post, transmit or make available through
the Service, your use of the Service, your connection to the Service, your violation
of the TOS, or your violation of any rights of another.
9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial
purposes, any portion of the Service, use of the Service, or access to the Service.
10. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that DLBRacing.com may establish general practices and limits concerning
use of the Service, including without limitation the maximum number of days that
uploaded Content will be retained by the Service, the maximum number of messages
that may be sent from or received by an account on the Service, the maximum size
of any message that may be sent from or received by an account on the Service, the
maximum disk space that will be allotted on DLBRacing.com's servers on your behalf,
and the maximum number of times (and the maximum duration for which) you may access
the Service in a given period of time. You agree that DLBRacing.com has no responsibility
or liability for the deletion or failure to store any messages and other communications
or other Content maintained or transmitted by the Service. You acknowledge that
DLBRacing.com reserves the right to log off accounts that are inactive for an extended
period of time. You further acknowledge that DLBRacing.com reserves the right to
change these general practices and limits at any time, in its sole discretion, with
or without notice.
11. MODIFICATIONS TO SERVICE
DLBRacing.com reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof) with
or without notice. You agree that DLBRacing.com shall not be liable to you or to
any third party for any modification, suspension or discontinuance of the Service.
12. TERMINATION
You agree that DLBRacing.com, in its sole discretion, may terminate your password,
account (or any part thereof) or use of the Service, and remove and discard any
Content within the Service, for any reason, including, without limitation, for lack
of use or if DLBRacing.com believes that you have violated or acted inconsistently
with the letter or spirit of the TOS. DLBRacing.com may also in its sole discretion
and at any time discontinue providing the Service, or any part thereof, with or
without notice. You agree that any termination of your access to the Service under
any provision of this TOS may be effected without prior notice, and acknowledge
and agree that DLBRacing.com may immediately deactivate or delete your account and
all related information and files in your account and/or bar any further access
to such files or the Service. Further, you agree that DLBRacing.com shall not be
liable to you or any third-party for any termination of your access to the Service.
13. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of,
advertisers found on or through the Service, including payment and delivery of related
goods or services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such advertiser. You agree
that DLBRacing.com shall not be responsible or liable for any loss or damage of
any sort incurred as the result of any such dealings or as the result of the presence
of such advertisers on the Service.
14. LINKS
The Service may provide, or third parties may provide, links to other World Wide
Web sites or resources. Because DLBRacing.com has no control over such sites and
resources, you acknowledge and agree that DLBRacing.com is not responsible for the
availability of such external sites or resources, and does not endorse and is not
responsible or liable for any Content, advertising, products, or other materials
on or available from such sites or resources. You further acknowledge and agree
that DLBRacing.com shall not be 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 on any such Content, goods or services available on or through any such
site or resource.
15. DLBRACING.COM'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection
with the Service ("Software") contain proprietary and confidential information that
is protected by applicable intellectual property and other laws. You further acknowledge
and agree that Content contained in sponsor advertisements or information presented
to you through the Service or advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. Except as expressly
authorized by DLBRacing.com or advertisers, you agree not to modify, rent, lease,
loan, sell, distribute or create derivative works based on the Service or the Software,
in whole or in part.
DLBRacing.com grants you a personal, non-transferable and non-exclusive right and
license to use the Service; provided that you do not (and do not allow any third
party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble
or otherwise attempt to discover any source code, sell, assign, sublicense, grant
a security interest in or otherwise transfer any right in the Software. You agree
not to modify the Software in any manner or form, or to use modified versions of
the Software, including (without limitation) for the purpose of obtaining unauthorized
access to the Service. You agree not to access the Service by any means other than
through the interface that is provided by DLBRacing.com for use in accessing the
Service.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
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YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. DLBRACING.COM EXPRESSLY DISCLAIMS 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.
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DLBRACING.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY
ERRORS IN THE SOFTWARE WILL BE CORRECTED.
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ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS
DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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.
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NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DLBRACING.COM
OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
THE TOS.
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17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DLBRACING.COM 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 DLBRACING.COM HAS BEEN ADVISED 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 AND 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 OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
18. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.
19. NOTICE
Notices to you may be made via either email or regular mail. The Service may also
provide notices of changes to the TOS or other matters by displaying notices or
links to notices to you generally on the Service.
20. TRADEMARK INFORMATION
DLBRacing.com, the DLBRacing.com logo, and other DLBRacing.com logos and product
and service names are trademarks of DLB (the "DLBRacing.com Marks"). Without DLBRacing.com's
prior permission, you agree not to display or use in any manner, the DLBRacing.com
Marks.
21. COPYRIGHTS and COPYRIGHT AGENTS
DLBRacing.com respects the intellectual property of others, and we ask our users
to do the same. If you believe that your work has been copied in a way that constitutes
copyright infringement, or your intellectual property rights have been otherwise
violated, please provide DLBRacing.com's Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim
has been infringed;
- a description of where the material that you claim is infringing is located on
the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law;
- 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 intellectual property
owner or authorized to act on the copyright or intellectual property owner's behalf.
22. GENERAL INFORMATION
The TOS constitute the entire agreement between you and DLBRacing.com and govern
your use of the Service, superceding any prior agreements between you and DLBRacing.com.
You also may be subject to additional terms and conditions that may apply when you
use affiliate services, third-party content or third-party software. The TOS and
the relationship between you and DLBRacing.com shall be governed by the laws of
the State of Texas without regard to its conflict of law provisions. You and DLBRacing.com
agree to submit to the personal and exclusive jurisdiction of the courts located
within the county of Harris, Texas. The failure of DLBRacing.com to exercise or
enforce any right or provision of the TOS shall not constitute a waiver of such
right or provision. If any provision of the TOS 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 TOS remain in full force and effect. You agree that
regardless of any statute or law to the contrary, any claim or cause of action arising
out of or related to use of the Service or the TOS must be filed within one (1)
year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual
effect.
23. VIOLATIONS
Please report any violations of the TOS by using our Contact Us email.
24. SERVICE FEES
Each online registrant will pay the Registration Cost charged by the Organization
promoting the Event or Membership plus a Service Fee if applicable. Any refunds
shall be exclusively and directly handled through the Organization promoting the
Event or Membership. DLBRacing.com shall not be responsible for processing or making
any refunds.