Website Terms & Conditions / Exclusion of Liability
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
BY USING THE PAGES OF THIS WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS. THIS SITE MAY UPDATE OR REVISE THESE TERMS AND CONITIONS FROM TIME TO TIME AND YOU AGREE TO THE TERMS AND CONDITIONS THAT ARE POSTED AT THE TIME YOU ARE USING THIS WEBSITE. YOU SHOULD PERIODICALLY CHECK THESE TERMS AND CONDITIONS FOR UPDATES OR REVISIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS POSTED AT THE TIME YOU INTEND TO ACCESS OR USE THIS WEBSITE, DO NOT ACCESSS OR USE THIS WEBSITE OR ANY PAGES THEREOF.
INTELLECTUAL PROPERTY RIGHTS AND USE OF INFORMATION
Without KazumaRacing.com prior written permission, you may not copy, reproduce, publish, distribute, transmit, display, license, sell, create derivative works from, or otherwise exploit the content and information of this website. Excluding any images and / or photography (which you cannot copy, reproduce, publish, distribute, transmit, display, license, sell, create derivative works from, or otherwise exploit in any way whatsoever) you may use content and information contained in this website for legitimate business purposes only, provided that you do not (i) delete, change or otherwise modify any copyright, trademark or other proprietary notices, and (ii) obtain or claim any ownership rights of any kind in the content and information. Unauthorized use of this website, including without limitation, unauthorized entry into the KazumaRacing.com systems, misuse of passwords or misuse of any information posted on the website is strictly prohibited. In addition, use of this website is unauthorized in any jurisdiction where the use of this website may violate any applicable legal requirements.
If you do not comply with these Terms and Conditions at any time, we reserve the right to terminate your access to this website (or any part thereof). In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the website, including, but not limited to restricting or terminating any user's right to use the website. You agree that any termination or cancellation of your access to, or use of, the website may be effected without prior notice to you. If you do not abide by the provisions of these Terms and Conditions, you agree that we may bar you from any further access to our website. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our website.
THE CONTENT, INFORMATION, LINKS AND FUNCTIONALITY OF THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF NON INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL COMPONENTS. WITHOUT IN ANY WAY LIMITING THE PRIOR SENTENCE, THIS SITE DOES NOT MAKE ANY REPRESENTATION OR WARRANTY THAT (I) THE CONTENT AND INFORMATION OF THIS WEBSITE IS ACCURATE, SECURE, COMPLETE OR OTHERWISE FREE FROM ERRORS AND OMISSIONS, OR (II) THE LINKS AND OTHER ASPECTS OF THE WEBSITE ARE FUNCTIONAL.
You acknowledge that all content posted, emailed, or otherwise transmitted to or on this website, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the "Postings"), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to this website. We do not control the Postings posted, emailed or otherwise transmitted on our website by others and, as such, we do not guarantee the accuracy, integrity or quality of such Postings. Under no circumstances will we be liable in any way for any Postings, including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through this website.
You agree not to use this website to:
a. Upload, post, email or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);
b. Harm minors in any way, or solicit or otherwise attempt to gain any information from a minor;
c. Impersonate any person or entity, including, but not limited to any user of this website, a director, officer, employee, shareholder, agent or representative of KazumaRacing.com, our affiliates or any other person or entity, or falsely state or otherwise misrepresent your affiliation with KazumaRacing.com, or our affiliates or any other person or entity;
d. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through this website;
e. Upload, post, email or otherwise transmit any Postings or other materials that are not your own, or that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. Upload, post, email or otherwise transmit any Postings or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;
g. Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of commercial solicitation, except in those areas, if any, that are specifically designated for such purpose;
h. Upload, post, email or otherwise transmit any Postings or other materials that contain 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;
i. Act in a manner that negatively affects or otherwise diminishes the quality of another user’s experience of this website;
j. Interfere with or disrupt this website or servers or networks connected to this website;
k. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;
l. "Stalk" or otherwise harass another user or employee of this website; or
m. Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users of the website, including user names or passwords.
Except as may otherwise be provided in our Privacy Statement, our blog, information provided by you to us and other public communications are public and not private communications. We reserve the right to monitor some, all, or no areas of this website for adherence to these Terms and Conditions or for any other purpose. You acknowledge that by providing you with the ability to distribute Postings on this website, we are acting as a passive conduit for such distribution and we are not undertaking any obligation or liability relating to any Postings or activities, nor do we endorse any such Postings. Although we reserve the right to remove, without notice, any Posting for any reason, we have no obligation to review content prior to the content’s posting or to delete Postings that you may find objectionable or offensive. We are not responsible for maintaining a copy of any material we remove from our website, and we are not liable for any loss you incur in the event that content you post or transmit to our website is been removed.
We respect the intellectual property of others, and we ask visitors and users of our website to do the same. We may, in appropriate circumstances and in our discretion, terminate the rights of any user to use our website (or any part thereof) who infringes the intellectual property rights of others. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of someone doing so, please contact us and include the following information:
a) a physical or electronic signature of the owner of the copyright or a person authorized to act on behalf of the owner;
b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works);
c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our website;
d) your name, mailing address, telephone number and email address;
e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
f) a statement by you that the information in your notification is accurate, and that you attest under penalty of perjury, that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices with respect to this website should be sent to our designated agent for notice of claims of copyright infringement to the address shown below:
If, at our request or on your own, you send, email, post or otherwise transmit to us or this website any content (collectively, the "Submissions"), you grant us and our successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license (as well as consent) to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display any Submissions (in whole or in part and with or without the use of your name) worldwide and/or to incorporate the Submissions in other works in any form, media, or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, the "Rights") that may exist in such Submissions. You also warrant that, to the extent you are not the exclusive holder of all Rights in a Submission, any third party holder of any Rights, including moral rights in such Submissions, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You further acknowledge that we and our successors and assigns shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. You also permit any user to access, display, view, store and reproduce any Submission that you have made available on our blog or otherwise for personal use. Subject to the foregoing, the owner of a Submission placed on this website retains any and all Rights that may exist in such Submission. Except as provided in our Privacy Statement, none of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions.
LIMITATION OF LIABILITY
THIS SITE AND ITS AFFILIATES WILL NOT BE LIABLE (WHETHER IN AN ACTION IN NEGLIGENCE, CONTRACT OR TORT OR BASED ON A WARRANTY OR OTHERWISE), IN ANY EVENT, FOR ANY LOSS, DAMAGE, EXPENSE, LOSS OF PROFITS, REVENUE, OR LOSS OR INACCURACY OF DATA, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF THIS SITE OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IN CONNECTION WITH (I) YOUR RELIANCE ON OR USE OR INABILITY TO USE THE CONTENT AND INFORMATION OF THIS WEBSITE OR ANY LINKED WEBSITE, (II) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE OF THIS WEBSITE OR ANY LINKED WEBSITE, (III) 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 THIS WEBSITE; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE; OR (VI) ANY OTHER MATTER RELATING TO OUR WEBSITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR WEBSITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS WEBSITE. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
As you navigate this website, you may click to one or more websites of a KazumaRacing.com affiliate (each an “Affiliate Website”). The Affiliate Websites may have their own terms and conditions and/or online privacy statements or policies. These Terms and Conditions (and our Privacy Statement) will not apply when you move to one of the Affiliate Websites, because the terms and conditions and/or online privacy statements or policies of the Affiliate Websites are tailored to the products, services and location of the applicable KazumaRacing.com affiliate.
In addition, this website may have links to one or more third party websites (each a “Third Party Website”). KazumaRacing.com is not responsible for the terms and conditions or privacy practices employed by Third Party Websites. KazumaRacing.com Privacy Statement does not apply to Third Party Websites and these Terms and Conditions do not apply to Third Party Websites. KazumaRacing.com does not guaranty, approve or endorse any information, material, services, or products posted or offered at any Third Party Website, nor is KazumaRacing.com liable or otherwise responsible for any failure of products or services offered or advertised at any Third Party Website or any content posted thereon. KazumaRacing.com is providing links to Third Party Websites as a convenience to you, and your connection to any such Third Party Website is at your own risk and you recognize that Third Party Websites may provide less security than this website. In addition, you should review the privacy statement or policy of any Affiliate Website or Third Party Website before you provide personal or confidential information.
Before creating any type of link to this website, written permission must be granted by KazumaRacing.com. To seek such submission, submit your request via email to our contact us page. KazumaRacing.com reserves the right to rescind any permission that it grants and to require termination of any such link, at its sole discretion, at any time.
Certain sections or pages on this website may contain additional terms and conditions, which are in addition to these Terms and Conditions. You agree that such additional terms are hereby incorporated by reference into these Terms and Conditions. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.
PRODUCTS AND SERVICES
The information, materials, products and services posted or offered within this website are subject to change. Not all products and services are available in all geographic areas. Your eligibility for particular products or services is subject to final determination by and approval of KazumaRacing.com and/or its affiliates.
Use of this website is governed by the laws of the State of Illinois and applicable Federal laws of the United States. Users of this website hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Illinois, USA, in all disputes arising out of or relating to use of this website or these Terms and Conditions.
Without the prior written consent of KazumaRacing.com, you shall have no power to assign, or otherwise transfer your rights, if any, hereunder, and any assignment attempted without such consent shall be void. Should any provision of these Terms and Conditions be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions shall not be affected thereby and you and KazumaRacing.com consent to judicial modification of the affected provision to the least extent necessary to preserve its original intent. Failure of either party to enforce any provision hereof shall not constitute or be considered as a waiver of such provision or of the right to enforce that or any other provisions.