Street Racing Gallery
StreetRacingGallery.com Access
Agreement
Please read this
Agreement carefully before accessing the StreetRacingGallery.com. As a
condition to and in consideration of receiving and accessing the
StreetRacingGallery.com, the User agrees to be bound by the terms of
this Agreement. Use of or access to the StreetRacingGallery.com shall
constitute acceptance of and agreement to be bound by this Agreement.
IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS THE
StreetRacingGallery.com. If you have any questions about this
Agreement, please contact us via e-mail at Admin@StreetRacingGallery.com.
StreetRacingGallery.com
Access Agreement
THIS AGREEMENT
"Agreement" is entered into by and between StreetRacingGallery.com and
any individual, corporation, association, agency, company, or other
entity who accesses or uses the StreetRacingGallery.com (the "User" or
"you").
The
StreetRacingGallery.com, which is provided without charge to you, is a
World Wide Web site on the Internet that is designed to allow users to
post automobile related graphics, audios,
videos, photos and/or to view
automobile related graphics, audios, videos, photos posted by other
users or interact with those
users. The StreetRacingGallery.com also has a classifieds section that
allows
users to post classified ads and/or to view classifieds ads
posted by other users or interact with those users. The
StreetRacingGallery.com is owned and operated by
StreetRacingGallery.com. The StreetRacingGallery.com contains or may
contain information, communications, opinions, text, graphics, links,
electronic art, animations, audio, video, software, photos, music,
sounds and other material and data (collectively, "Content") formatted,
organized and collected in a variety of forms that are generally
accessible to Users, including directories and databases, and areas of
the StreetRacingGallery.com that can be modified by Users, such as
posting ads, uploading multimedia files, registering user profiles, and
creating Auto-Notify profiles ("Interactive Areas").
1. User Rights and
Responsibilities
1.1 Access to
the StreetRacingGallery.com.
You are
responsible for providing all hardware, software, telephone or other
communications equipment and/or service to connect to the Internet and
access the StreetRacingGallery.com and are responsible for all Internet
access charges, telephone charges or other fees or charges incurred in
connecting to the Internet and accessing the StreetRacingGallery.com.
1.2 User
Conduct.
You agree to
access and use the StreetRacingGallery.com only for lawful purposes.
You are solely responsible for the knowledge of and adherence to any
and all laws, statutes, rules and regulations, pertaining to (i) your
use of the StreetRacingGallery.com, including any Interactive Area,
(ii) the use of any networks or other services connected to the
StreetRacingGallery.com, and (iii) the communications means by which
you connect your modem, computer, or other equipment to the
StreetRacingGallery.com. By accessing the StreetRacingGallery.com, you
agree that you will not:
(1) restrict or inhibit any other user from using and
enjoying the Interactive Features;
(2) post or
transmit any unlawful, threatening, abusive, libelous, defamatory,
obscene, vulgar, pornographic, profane, or indecent information of any
kind, including without limitation any transmissions constituting or
encouraging conduct that would constitute a criminal offense, give rise
to civil liability or otherwise violate any local, state, national, or
international law;
(3) post or
transmit any information, software, or other material which violates or
infringes in the rights of others, including material which is an
invasion of privacy or publicity rights or which is protected by
copyright, trademark or other proprietary right, or derivative works
with respect thereto, without first obtaining permission from the owner
or right holder.
(4) post or
transmit any information, software or other material which contains a
virus or other harmful component;
(5) alter, damage
or delete any Content or other communications that are not your own
Content or to otherwise interfere with the ability of others to access
the StreetRacingGallery.com;
(6) disrupt the
normal flow of communication in an Interactive Area;
(7) claim a
relationship with or to speak for any business, association,
institution or other organization for which you are not authorized to
claim such a relationship;
(8) violate any
operating rule, policy or guideline of your Internet access provider or
online service.
2. Intellectual
Property Rights
2.1 StreetRacingGallery.com
content.
(a) You
acknowledge that Content on the StreetRacingGallery.com is generally
provided by the StreetRacingGallery.com, individual contributors of
Content ("Contributors"), third party licensees, and/or other Users.
You acknowledge that the StreetRacingGallery.com permits access to
Content that is protected by copyrights, trademarks, and other
proprietary (including intellectual property) rights ("Intellectual
Property Rights"), and that these Intellectual Property Rights are
valid and protected in all media existing now or later developed and
except as is explicitly provided below, your use of Content shall be
governed by applicable copyright and other intellectual property laws.
You acknowledge that the StreetRacingGallery.com owns a copyright in
the "look and feel," i.e., the selection, coordination, arrangement and
presentation of such Content.
(b) You may not
modify, copy, reproduce, transmit, distribute, publish, create
derivative works from, display or otherwise transfer or commercially
exploit any of the Content, in whole or in part, provided, however,
that you may (i) make a reasonable number of digital or other form of
copies to permit your computer hardware and software to access and view
the Content, (ii) print one copy of each piece of Content, (iii) make
and distribute a reasonable number of copies of Content, in whole or in
part, in hard copy or electronic form for internal use only. Any
permitted copies of Content must reproduce in an unmodified form any
notices contained in the Content, such as all Intellectual Property
Right notices, and an original source attribution to "The
StreetRacingGallery.com" and its URL address. You acknowledge that the
StreetRacingGallery.com, its Contributors, and/or Users remain the
owners of the Content and that you do not acquire any Intellectual
Property Rights by downloading or printing Content.
2.2 Content
Provided by User.
You may upload to
any Interactive Area or otherwise transmit, post, publish, reproduce or
distribute, on or through the StreetRacingGallery.com only Content that
is not subject to any Intellectual Property Rights, or Content in which
any holder of Intellectual Property Rights has given express
authorization for distribution over the Internet and on the
StreetRacingGallery.com, without restriction whatsoever. Any Content
submitted with the consent of a copyright owner other than you should
contain a phrase such as "Copyright owned by [name of owner]; Used by
Permission." By submitting Content to any Interactive Area, you
automatically grant and/or warrant that the owner of such Content,
whether it be You or a third party, has expressly granted to the
StreetRacingGallery.com the royalty-free, perpetual, irrevocable,
non-exclusive, unrestricted, worldwide right and license to use,
reproduce, modify, adapt, publish, translate, create derivative works
from, sublicense, distribute, perform, and display such Content, in
whole or in part, worldwide and/or to incorporate it in other works in
any form, media, or technology now known or later developed for the
full term of any Intellectual Property Rights that may exist in such
Content. You also permit the StreetRacingGallery.com to sublicense to
third parties the unrestricted right to exercise any of the foregoing
rights granted with respect to such Content. You also permit any User
to access, view, store and reproduce the Content for personal use.
3. Interactive
Areas
You acknowledge
that the StreetRacingGallery.com may include various interactive areas
("Interactive Areas"), including but not limited to classified ads.
These Interactive Areas allow feedback to the StreetRacingGallery.com
and real-time interaction between users. You further understand that
the StreetRacingGallery.com does not control the messages, information,
or files delivered to such Interactive Areas and that the
StreetRacingGallery.com may offer you and other Users the capability of
creating and managing an Interactive Area. However, neither the
StreetRacingGallery.com, its subsidiary and parent companies, or
affiliates, nor their respective directors, officers, employees and
agents are responsible for Content within any Interactive Area. Your
use and/or management of an Interactive Area will be governed by this
Agreement and any additional rules or operating procedures of any
Interactive Area established by you or another User, as applicable. You
recognize that the StreetRacingGallery.com cannot, and does not intend
to, screen communications in advance. Moreover, because the
StreetRacingGallery.com encourages open and candid communication in the
Interactive Areas, the StreetRacingGallery.com cannot determine in
advance the accuracy or conformance to this Agreement of any Content
transmitted in an Interactive Area. The StreetRacingGallery.com is not
responsible for screening, policing, editing, reviewing or monitoring
any Content in an Interactive Area. Notwithstanding the above, you
agree that the StreetRacingGallery.com has the right to monitor any
Interactive Area, from time to time and to disclose any information as
necessary to satisfy any law, regulation or other governmental request,
to operate the Interactive Area, or to protect itself or other Users.
If notified of Content that is alleged not to conform to this
Agreement, the StreetRacingGallery.com may investigate the allegation
and determine in its sole discretion whether to remove or request the
User to remove such Content. The StreetRacingGallery.com reserves the
right to prohibit conduct, communication or Content within an
Interactive Area, or to edit, refuse to post, or to remove any Content,
in whole or in part, which it deems in its sole discretion to (i)
violate the then-standard provisions of this Agreement or any other
standard, written StreetRacingGallery.com policy in effect at that
time, (ii) be harmful to the rights of any User, the
StreetRacingGallery.com, or other third parties, (iii) violate
applicable law, or (iv) be otherwise objectionable.
4. Termination
The only right
with respect to dissatisfaction with any policies, guidelines, or
practices of the StreetRacingGallery.com in operating the
StreetRacingGallery.com, or any change in Content, is for you to
discontinue accessing the StreetRacingGallery.com. The
StreetRacingGallery.com may terminate or temporarily suspend your
access to all or any part of the StreetRacingGallery.com, without
notice, for conduct that the StreetRacingGallery.com believes is a
violation of this Agreement or any policies or guidelines posted by the
StreetRacingGallery.com, or for other conduct which the
StreetRacingGallery.com believes, in its sole discretion, is harmful to
the StreetRacingGallery.com or other Users. The StreetRacingGallery.com
may discontinue operating the StreetRacingGallery.com and terminate
this Agreement without notice at any time for any reason in its sole
discretion. In the event of termination, you are no longer authorized
to access the StreetRacingGallery.com, including the Interactive Areas,
and the restrictions imposed on you with respect to Content downloaded
from the StreetRacingGallery.com, as well as the disclaimers and
limitations of liabilities set forth in this agreement, shall survive.
5. Links;
Disclaimers Of Warranties; Limitations of Liability
5.1 Links. You
understand that except for Content, products or services expressly
available at the StreetRacingGallery.com, neither the
StreetRacingGallery.com, its subsidiary and parent companies, or
affiliates, or their respective directors, officers, employees, and
agents controls, provides, or is responsible for any Content, goods or
services available through sites on the Internet linked to or from the
StreetRacingGallery.com. All such Content, goods and services are made
accessible on the Internet by independent third parties and are not
part of the StreetRacingGallery.com or controlled by the
StreetRacingGallery.com. The StreetRacingGallery.com neither endorses
nor is responsible for the accuracy, completeness, usefulness, quality
or availability of any Content, goods or services available on any site
linked to or from the StreetRacingGallery.com, which are the sole
responsibility of such independent third parties, and your use thereof
is solely at your own risk. Neither the StreetRacingGallery.com, its
subsidiary and parent companies, or affiliates, or their respective
directors, officers, employees, and agents shall be held responsible or
liable, directly or indirectly, for any loss or damage caused or
alleged to have been caused by your use of or reliance on any Content,
goods or services available on any site linked to or from the
StreetRacingGallery.com or your inability to access the Internet or any
site linked to or from the StreetRacingGallery.com.
5.2 Disclaimer of
Warranties. Please use your best judgment in evaluating all information
contained or opinions expressed on the StreetRacingGallery.com. It is
the policy of the StreetRacingGallery.com not to endorse or oppose any
opinion expressed by a User or Content provided by a User, Contributor,
or other independent party. YOU EXPRESSLY AGREE THAT YOUR USE OF THE
StreetRacingGallery.com IS AT YOUR SOLE RISK. NEITHER THE
StreetRacingGallery.com NOR ANY OF ITS SUBSIDIARY AND PARENT COMPANIES,
OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES,
AGENTS, CONTRACTORS, AFFILIATES, LICENSORS OR OTHER SUPPLIERS PROVIDING
CONTENT, DATA, INFORMATION OR SERVICES WARRANTS THAT THE
StreetRacingGallery.com OR ANY INTERNET SITE LINKED TO OR FROM THE
StreetRacingGallery.com WILL BE UNINTERRUPTED OR ERROR FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING THE INTERACTIVE
AREAS, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
StreetRacingGallery.com OR ANY INTERNET SITE LINKED TO OR FROM THE
StreetRacingGallery.com OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY,
AUTHORITY, COMPLETENESS, USEFULNESS, NONINFRINGEMENT, RELIABILITY,
AVAILABILITY, OR SUBSTANCE OF ANY CONTENT, INFORMATION, SERVICE, OR
TRANSACTION PROVIDED THROUGH THE StreetRacingGallery.com OR ANY SITE
LINKED TO OR FROM THE . THE StreetRacingGallery.com IS PROVIDED ON AN
"AS IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
5.3 Limitation of
Liability. UNDER NO CIRCUMSTANCES SHALL THE StreetRacingGallery.com,
ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE
DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE
LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR
ARISING FROM THIS AGREEMENT, THE StreetRacingGallery.com, OR ANY
INTERNET SITE LINKED TO OR FROM THE StreetRacingGallery.com, WHETHER
FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY
OTHER CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR
DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, ELECTRICAL SURGE/DAMAGE/INTERFERENCE,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATIONS LINE FAILURE, BREAKDOWN OF EQUIPMENT, SOFTWARE ERROR,
INFRINGEMENT, UNAUTHORIZED ACCESS TO, OR THEFT, DESTRUCTION,
ALTERATION, OR USE OF, RECORDS.
UNDER NO
CIRCUMSTANCES SHALL THE StreetRacingGallery.com, ITS SUBSIDIARY AND
PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS,
OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE TO
YOU OR ANY OTHER THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY
YOU IN RELIANCE ON THE CONTENT CONTAINED WITHIN THE
StreetRacingGallery.com OR THE CONTENT CONTAINED WITHIN ANY INTERNET
SITE LINKED TO OR FROM THE StreetRacingGallery.com. THE CONTENT WITHIN
THE StreetRacingGallery.com AND THE CONTENT WITHIN INTERNET SITES
LINKED TO OR FROM THE StreetRacingGallery.com MAY INCLUDE TECHNICAL OR
OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY
ADDED TO THE CONTENT HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW
VERSIONS OF THE StreetRacingGallery.com AND SPECIFICALLY ARE INCLUDED
IN THIS SECTION AGREEMENT. THE StreetRacingGallery.com AND ITS
CONTRIBUTORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT AT ANY
TIME AND FROM TIME TO TIME.
YOU SPECIFICALLY
ACKNOWLEDGE AND AGREE THAT THE StreetRacingGallery.com IS NOT LIABLE
FOR ANY DEFAMATORY, OFFENSIVE, FRAUDULENT, OR OTHERWISE ILLEGAL CONDUCT
OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY StreetRacingGallery.com
SITE CONTENT, OR WITH THE ACCESS AGREEMENT OF THE
StreetRacingGallery.com, IN WHOLE OR IN PART, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE StreetRacingGallery.com.
6. Indemnity
You agree to
indemnify and hold the StreetRacingGallery.com, its parent or
subsidiary companies and their affiliates, and their respective
directors, officers, employees, and agents from any and all
liabilities, claims and expenses, including reasonable attorneys fees,
arising from breach of this Agreement, any other policy, your use or
access of the StreetRacingGallery.com or any Internet site linked to or
from the StreetRacingGallery.com, or in connection with the
transmission of any Content on the StreetRacingGallery.com.
7. Miscellaneous
This Agreement
comprises the entire agreement between the StreetRacingGallery.com and
you, and supersedes any prior agreements with respect to the subject
matter herein. The StreetRacingGallery.com may revise this Agreement or
any other policy at any time and from time to time, and such revision
shall be effective two (2) days upon posting notice of such revision
prominently on the StreetRacingGallery.com. You agree to review this
Agreement periodically to be aware of such revisions. If any such
revision is unacceptable to you, you must discontinue accessing the
StreetRacingGallery.com. Your continued accessing and use of the
StreetRacingGallery.com following notice of any such revision shall
conclusively be deemed acceptance of all such revisions. The provisions
of Sections 1.2, 2.1, 2.2, 5.1, 5.2, 5.3, 6 and 7 shall survive the
termination or expiration of this Agreement. If any provision of this
Agreement or any other policy be held invalid or unenforceable, that
portion shall be construed in accordance with applicable law as nearly
as possible to reflect the original intention of the parties and the
remaining portions will continue in full force and effect. The failure
of the StreetRacingGallery.com to insist upon or enforce strict
performance of any provision of this Agreement shall not be construed
as a waiver of any provision or right. This Agreement shall be governed
by the laws of the state or province of domicile of the
StreetRacingGallery.com, excluding its conflict of laws rules, and you
and the StreetRacingGallery.com each submit to the exclusive
jurisdiction of the courts of that state or province. This Agreement is
personal to you and you may not assign your rights or obligations
thereunder to anyone. All logos, brand names, products, trademarks and
service marks appearing herein may be the trademarks or service marks
of their respective owners. References to any trademark, service mark
and links to or from the StreetRacingGallery.com have been done
strictly for clarification and identification and does not constitute
endorsement by the StreetRacingGallery.com of the products, services or
information offered by the owner of such trademark, service mark or
link or endorsement of the StreetRacingGallery.com by such trademark,
service mark or link owner.
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