1. Use of Our Service
Everyone is eligible to access to the Service.
B. Adding the Application
To access the Service, you will need to add the Application to your account on your social network site, which permits Racing Years to access your account information. Adding the Application gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion.
You may never use another Users account on the Service without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Racing Years immediately of any breach of security or unauthorized use of your account. Racing Years will not be liable for any losses caused by any unauthorized use of your account.
You may control certain aspects of how you interact with the Service by changing your settings in the Application and/or the social networking site. By providing Racing Years your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out by sending an email with opt out in the subject line to privacy (at) racingyears.com. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
C. Service Rules
You agree not to engage in any of the following prohibited activities:
- copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated scraping
- purposely making false contribution to our public databases in order to disrupt our service
- harvesting or otherwise collecting information about others, including email addresses, without their consent.
- using any automated system, including without limitation robots, spiders, offline readers, etc., to access the Service in a manner that sends more request messages to the Racing Years servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser
- transmitting spam, chain letters, or other unsolicited email
- attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service
- taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure
- uploading invalid data, viruses, worms, or other software agents through the Service
- uploading, posting, emailing or otherwise transmitting any content that infringes any patent, trademark, trade secret, copyright, publicity or other proprietary right of any party
- uploading, posting, emailing or otherwise transmitting any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships
- collecting or harvesting any personally identifiable information, including account names, from the Service
- using the Service for any commercial solicitation purposes
- purposely making false contribution to our public databases in order to disrupt our service.
- impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity
- interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service
- bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein
- We are against plagiarism and it is not acceptable to take biographies or descriptions from other sources and copy them to our database. The only way is when it is your own creation or available under Creative Commons, but we would like you paraphrase the text that it differs from the original source.
Racing Years may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability for any reason, including if in Racing Years' sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
You agree to indemnify, defend and hold harmless RYM from any loss, liability, claim, demand, damage, or expenses (including reasonable attorney's fees) asserted by any third party due to or arising from or in connection with:
All aspects of the Service are subject to change or elimination at Racing Years' sole discretion. Racing Years reserves the right to interrupt the Service with or without prior notice for any reason or no reason. You agree that Racing Years will not be liable to you for any interruption of the Service, delay or failure to perform.
You understand that all material posted on this web site is the sole responsibility of the person from whom such content originated. Racingyears.com does not censor or correct material submitted (although we reserve the right to do this in the future). Therefore, you understand that you may be exposed to content that is objectionable, offensive, or indecent. In addition, you may be exposed to information that is inaccurate. Racingyears.com will not be responsible in any way for any content that is posted to this site, as well as any harm, loss, or damage resulting from this content.
Racingyears does not attempt to claim copyright or ownership of material that you submit, however, Racingyears claims a non-exclusive worldwide, royalty free, perpetual, non-revocable license to reproduce your material (Otherwise, we would not be able to display it to other users). In addition, you agree to give other users the same license to reprint or save your material for their personal use.
Racingyears reserves the right to refuse, move, or delete any content that is submitted by users for any reason.
You are solely responsible for your interactions with other Racing Years Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Racing Years shall have no liability for your interactions with other Users, or for any Users action or inaction.
2. User Content
Some areas of the Service may allow Users to post content, comments, questions, and other information (User Content). You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, post) on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand that whether or not such User Content is published, Racing Years does not guarantee any confidentiality with respect to any User Content.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another partys trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below), rights of publicity and privacy. To the extent that your User Content contains music, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below. Racing Years reserves the right, but is not obligated, to reject and/or remove any User Content that Racing Years believes, in its sole discretion, violates these provisions.
For the purposes of this Agreement, Intellectual Property Rights means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
Racing Years takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. Racing Years is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, objectionable, or inappropriate for children, and you agree that Racing Years shall not be liable for any damages you allege to incur as a result of such User Content.
3. License Grant
You retain all your ownership rights in your User Content. By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant, to Racing Years a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable, license to use the Service for your personal, noncommercial use only. Racing Years reserves all rights not expressly granted herein in the Service and the Racing Years Content (as defined below). Racing Years may terminate this license at any time for any reason or no reason.
4. Our Proprietary
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the Racing Years Content), and all Intellectual Property Rights related thereto, are the exclusive property of Racing Years and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the Racing Years Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (Ideas). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Racing Years under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Racing Years does not waive any rights to use similar or related ideas previously known to Racing Years, or developed by its employees, or obtained from sources other than you.
5. Racing Years Property
Some day certain aspects of the Service may allow you to obtain points, data, or other fictional property representing virtual achievements (Racing Years Property). You understand and agree that regardless of terminology used, Racing Years Property represents a limited license right governed solely by the terms of this Agreement and available for distribution at Racing Yearss sole discretion. Racing Years Property is not redeemable for any sum of money or monetary value from Racing Years at any time. You acknowledge that you do not own the account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of Racing Years on Racing Years servers, including without limitation any data representing or embodying any or all of your Racing Years Property. You agree that Racing Years has the absolute right to manage, regulate, control, modify and/or eliminate Racing Years Property as it sees fit in its sole discretion, in any general or specific case, and that Racing Years will have no liability to you based on its exercise of such right. All data on Racing Years' servers are subject to deletion, alteration or transfer. NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ANY DATA, ACCOUNT HISTORY AND ACCOUNT CONTENT RESIDING ON RACING YEARS' SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN RACING YEARS' SOLE DISCRETION, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. RACING YEARS DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON RACING YEARS' SERVERS.
We care about the privacy of our Users. By using the Service, you are consenting to have your personal data collected, used, transferred to and processed in United States Bluehost servers.
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
8. Additional Representations
You shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with your User Content, you affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, the following:
a. Your User Content and Racing Years' use thereof as contemplated by this Agreement and the Service will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity.
b. Racing Years may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
You agree to defend, indemnify and hold harmless Racing Years and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys fees) arising from: (i) the content you upload, submit, post, or transmit through the Service; (ii) your use of the Service; (iii) your connection to the Service; (iv) your violation of the Terms of Service; (v) your violation of the rights of another.
12. No Warranty
THE SERVICE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, RACING YEARS, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
RACING YEARS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE RACING YEARS SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND RACING YEARS WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RACING YEARS, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL RACING YEARS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RACING YEARS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL RACING YEARS, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO RACING YEARS HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF RACING YEARS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Racing Years without restriction.
Please contact us with any questions regarding this Agreement.
Cookies Information: When you use the Service, we may send one or more cookies – a small text file containing a string of alphanumeric characters – to your computer that uniquely identifies your browser and lets Racing Years help you log in faster and enhance your navigation through the Service. A cookie may also convey anonymous information about how you use the Service to us. A cookie does not collect personal information about you. A persistent cookie remains on your hard drive after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the Service. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Service may not function properly if the ability to accept cookies is disabled.
Log File Information: Log file information is automatically reported by your browser each time you access a web page. When you use the Service, our servers automatically record certain information that your web browser sends whenever you visit any web page. These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks, domain names, landing pages, pages viewed, and other such information.
How We Use Your Information We use the personal information you submit to operate, maintain, and provide to you the features and functionality of the Service.
By providing Racing Years your email address, including by adding a Racing Years application on a social network, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. You also agree that we may send you notifications of activity on the Service to the email address you give us, in accordance with any applicable privacy settings. We may use your email address to send you other messages, such as newsletters, changes to features of the Service, or special offers. If you do not want to receive such email messages, you may opt out by sending an email with “opt out” in the subject line to privacy (at) racingyears.com. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers. You may not opt out of Service-related e-mails.
Following termination or deactivation of your Member account, Racing Years may retain your information and User Content for a commercially reasonable time for backup, archival, or audit purposes, or to reactivate your account upon your request. Furthermore, Racing Years may retain and continue to use indefinitely all information (including User Content) contained in your communications to other Users or posted to public or semi-public areas of the Service after termination or deactivation of your Member account.
If you choose to use our invitation service to invite a friend to the Service, we will ask you for that person’s email address and automatically send an email invitation. Racing Years stores this information to send this email, to register your friend if your invitation is accepted, and to track the success of our invitation service. Your friend may contact us to request that we remove this information from our database at privacy (at) racingyears.com
Racing Years may use certain information about you and/or your User Content internally for purposes such as analyzing how the Service is used, diagnosing service or technical problems, maintaining security, and personalizing content.
How We Share Your Information
As we develop our business, we may buy or sell assets or business offerings. Customer, email, and visitor information is generally one of the transferred business assets in these types of transactions. We may also transfer or assign such information in the course of corporate divestitures, mergers, or dissolution.
Racing Years may disclose information about you to select business partners in order to provide you with advertising and promotional information and opportunities that we think may be of interest to you. We do not give our partners an independent right to share this information.
Any personal information or content that you voluntarily disclose for posting to the Service, such as User Content, becomes available to the public, as controlled by any applicable privacy settings. You may change your privacy settings on the Service with the features provided by the Application and/or the social networking site or by sending an email to privacy (at) racingyears.com. If you remove information that you posted to the Service, copies may remain viewable in cached and archived pages of the Service, or if other Users have copied or saved that information.
Non-Personally Identifiable Information: We may share non-personally identifiable information (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with interested third parties to help them understand the usage patterns for certain Racing Years services.
How We Protect Your Information
Racing Years uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information and implement your privacy settings. We cannot, however, ensure or warrant the security of any information you transmit to Racing Years and you do so at your own risk. Once we receive your transmission of information, Racing Years makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. Your privacy settings may also be affected by changes to the functionality of Racing Years' distributors, such as social networks. Racing Years is not responsible for the functionality or security measures of any third party.
To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to your email communications from Racing Years, at all times.
Compromise of Personal Information
You understand that all material posted on this web site is the sole responsibility of the person from whom such content originated. Racing Years will not be responsible in any way for any content that is posted to this site, as well as any harm, loss, or damage resulting from this content. Racing Years reserves the right to refuse, move, or delete any content that is submitted by users for any reason.
Your Choices About Your Information
You may, of course, decline to submit personally identifiable information through the Service, in which case Racing Years may not be able to provide certain services to you. You may update or correct your account information and email preferences at any time by contacting us at privacy (at) racingyears.com. You can review and correct the information about you that Racing Years on file by contacting us directly at privacy (at)racingyears.com
Protecting the privacy of young children is especially important. For that reason, Racing Years does not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to register as Members. If you are under 18, please do not send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 18 is allowed to provide any personal information to or on Racing Years the event that we learn that we have collected personal information from a child under age 18 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 18, please contact us at privacy (at) racingyears.com .
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