D. Equipment. Sand is not responsible for any connectivity, computer software, hardware or other equipment needed to access and use RACERSGUIDE and all charges related to the same. The user is responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed to access and use RACERSGUIDE and all charges related to the same.
2. INTERACTIVE GUIDELINES AND USER CONTENT
B. Interactive Guidelines. If you submit any User Content or participate in an Interactive Area within or in connection with RACERSGUIDE, you agree to abide by the following rules of conduct:
• You agree not to upload, post or otherwise transmit any User Content that violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others;
• You agree not to upload, post or otherwise transmit any User Content that is offensive to the online community, including blatant expressions of bigotry, racism, abusiveness, vulgarity or profanity.
• You agree not to upload, post or otherwise transmit any material that contains or advocates pornography, pedophilia, incest, bestiality, or that is otherwise obscene.
• You agree not to upload, post or otherwise transmit any User Content that violates any law or engage in activity that would constitute a criminal offense or give rise to a civil liability;
• You agree not to upload, post or otherwise transmit any User Content that advocates or provides instruction on illegal activity or discuss illegal activities with the intent to commit them;
• You agree not to upload, post or otherwise transmit, without RACERSGUIDE’s express prior approval, User Content which contains advertising or any solicitation with respect to products or services;
• You agree not to upload, post or otherwise transmit User Content that does not generally pertain to the designated topic or theme of any Interactive Area;
• You agree not to impersonate any person or entity, including, but not limited to, any RACERSGUIDE employee, or falsely state or otherwise misrepresent your affiliation with any person or entity;
• You agree not to interfere with any other user’s right to privacy, including by harvesting or collecting personally-identifiable information about RACERSGUIDE users or posting private information about a third party;
• You agree not to upload, post or otherwise transmit any User Content, software or other materials which contain a virus or other harmful or disruptive component;
• You agree not to interfere with or disrupt RACERSGUIDE or the servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
• You agree not to upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of RACERSGUIDE, use of RACERSGUIDE, or access to RACERSGUIDE;
• You agree not to upload, post, or otherwise transmit any User Content protected by copyright, servicemark, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, servicemark, trademark, trade secret, right of publicity or other proprietary right. The burden of determining that any User Content is not protected by copyright, servicemark, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by RACERSGUIDE, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on RACERSGUIDE;
• You agree that if necessary, you have the consent of each and every identifiable natural person in any submission to use such persons name or likeness in the manner contemplated by RACERSGUIDE;
• You agree not to offer to sell any item that is not in your possession, do not have the right to sell, or does not exist at the time the Classified is posted to the site;
• You agree not post, list or upload content or items in inappropriate categories or areas on our sites;
• You agree not post identical advertisements in the same category and location;
• You agree not to breach or circumvent any laws, third party rights or our systems, policies, or determinations of your account status;
• You agree not to use this service for any fraudulent activity or purpose, including collecting payment from buyers and not providing the item purchased or filing false claims for insurance payments;
• You agree not to use our Classified services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
• You agree not to fail to pay for items purchased by you, unless a clear typographical error is made, or you cannot contact the seller;
• You agree not to fail to deliver items sold by you, unless the buyer fails to follow the posted terms, or you cannot contact the buyer;
• You agree not to manipulate the price of any item or interfere with other user’s listings;
• You agree not to post false, inaccurate, misleading, defamatory, or libelous content;
• You agree not to post infringing material, including text and pictures;
• You agree not to distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
• You agree not to distribute viruses or any other technologies that may harm the site, or the interests or property of our users;
• You agree not to use any robot, spider, scraper or other automated means to access our services for any purpose;
• You agree not to interfere with the working of the site, or impose an unreasonable or disproportionately large load on our infrastructure;
• You agree not to solicit users to post on other classifieds sites or link to other classified sites
• You agree not to copy, modify, or distribute rights or content from our services or our copyrights and trademarks;
• You agree not to copy, reproduce, reverse engineer, modify, create derivative works from, distribute, or publicly display any content (except for your information) from our sites, services, applications, or tools without our prior express written permission and the appropriate third party, as applicable;
• You agree not to commercialize any application or any information or software associated with such application; or
• You agree not to harvest or otherwise collect information about users, including email addresses, without their consent.
Any conduct that in RACERSGUIDE’s sole discretion restricts or inhibits anyone else from using or enjoying RACERSGUIDE will not be permitted. RACERSGUIDE reserves the right in its sole discretion to remove or edit User Content by you and to terminate your Account for any reason. RACERSGUIDE is not responsible for User Content submitted to RACERSGUIDE or posted in comments sections, chat rooms, on bulletin boards, in Classifieds or on other Interactive Areas by users of RACERSGUIDE.
Sands does not screen or control users who may sell or buy on Classifieds, nor does Sands review or authenticate all Classifieds listings and items offered for sale. Therefore, users of this service should be aware of the following:
Sellers and buyers are completely and solely responsible for negotiating the purchase, sale and exchange of goods or services.
Sellers and buyers must resolve any disputes that may arise from Classifieds transactions amongst themselves and without Sands’ involvement.
Sellers and buyers are responsible for researching and complying with any applicable laws, regulations or restrictions on items, services, or manner of sale or exchange that may pertain to transactions in which they participate.
Sellers and buyers are responsible for all applicable taxes and for all costs incurred by participating in this site.
Your correspondence or business dealings with, or participation in promotions of, advertisers or classified advertisers found on or through the site, 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 Sands will 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 site.
IT IS YOUR RESPONSIBILITY TO READ THE DESCRIPTIONS OF THE PRODUCTS PROVIDED BY THE ADVERTISER AND TO PHYSICALLY INSPECT THE PRODUCT PRIOR TO COMPLETING YOUR PURCHASE(S). Advertiser is responsible for disclosing relevant product information including but not limited to prior rental and demonstrative history, frame damage, salvage history, stolen-recovery history, flood damage, and any material cosmetic or mechanical damage defect or irregularity of the product. It is advertiser’s sole responsibility to ensure that the product meets all local state and federal emission and safety standards applicable for the model and year of the Product. ASK FOR A COPY OF THE WRITTEN WARRANTY BEFORE YOU COMPLETE THE PURCHASE OR LEASE. IT IS YOUR RESPONSIBILITY TO VERIFY AND UNDERSTAND THE TERMS OF THE WARRANTY BEING OFFERED FOR THE PRODUCT YOU ARE CONSIDERING BEFORE YOU COMPLETE THE PURCHASE OR LEASE.
ASK FOR A COPY OF THE WRITTEN RETURN POLICY BEFORE YOU COMPLETE THE PURCHASE OR LEASE OF A PRODUCT. IT IS YOUR RESPONSIBILITY TO VERIFY AND UNDERSTAND THE TERMS OF THE RETURN POLICY BEING OFFERED FOR THE PRODUCT YOU ARE CONSIDERING BEFORE YOU COMPLETE THE PURCHASE OR LEASE.
SANDS DOES NOT GUARANTEE PRODUCT PRICES OR AVAILABILITY. All transactions are conducted by advertisers. All product descriptions and prices provided to you on the site, or via separate contract following your submission of a purchase request or inquiry to the Advertiser, are made by the participating advertiser possessing the described product and not Sands. ALL PRODUCTS ARE SUBJECT TO PRIOR SALE AND MAY NOT BE AVAILABLE WHEN YOUR REQUEST OR INQUIRY IS PROCESSED OR RECEIVED BY AN ADVERTISER. ALL PRICES AND TERMS ARE VALID ON DATE OF PUBLICATION ONLY.
IT IS YOUR RESPONSIBILITY TO KNOW THE AMOUNT AND NATURE OF ANY DEPOSIT YOU ARE BEING ASKED TO MAKE OR FEES BEING CHARGED TO YOU AS PART OF YOUR PRODUCT PURCHASE OR LEASE. Absent a specific agreement between you and the advertiser, the advertiser is not required to hold any product off the market and is free to sell any product at any time before you have executed the contract to purchase such product. The act of submitting a purchase request through the site does not place a hold on any specific product in an advertiser’s inventory. A monetary deposit made by you to the advertiser is not a guarantee that a specific product will be available for you to purchase unless you and the advertiser specifically agree to such term. It is your responsibility to confirm with the advertiser that the product will be held off the market until you can complete the purchase. Whether your deposit is refundable or not is subject to your contractual agreement with the advertiser and/or state law. You should not assume a deposit made by you towards the purchase or lease of a product is fully refundable.
F. Moral Rights. If it is determined that you retain moral rights (including rights of attribution or integrity) in the User Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the User Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the User Content by RACERSGUIDE or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and (d) you forever release RACERSGUIDE, and its licensees, successors and assigns, from any claims that you could otherwise assert against RACERSGUIDE by virtue of any such moral rights. You also permit any other user to access, view, store or reproduce the User Content for that user’s personal use.
3. INTELLECTUAL PROPERTY
RACERSGUIDE contains copyrighted material, servicemarks, trademarks and other proprietary information, including, but not limited to, text, stylized text, logos, phrases, database information, software, photos, video, graphics, music and sound, and the entire contents of RACERSGUIDE are copyrighted as a collective work under the United States copyright laws. RACERSGUIDE owns copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of RACERSGUIDE and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
4. THIRD PARTY CONTENT
RACERSGUIDE may act as a distributor (and not a publisher) of content supplied by third parties and users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers or users of RACERSGUIDE, are those of the respective author(s) or distributor(s) and not of RACERSGUIDE. Neither RACERSGUIDE nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 below for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In some instances, the content available through RACERSGUIDE represents the opinions and judgments of the respective user or information provider not under contract with RACERSGUIDE. RACERSGUIDE neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on RACERSGUIDE by any third party. Under no circumstances will RACERSGUIDE be liable for any loss or damage caused by your use or reliance on information obtained through RACERSGUIDE. RACERSGUIDE is not responsible for any actions or inaction on your part based on the information that is presented on RACERSGUIDE. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through RACERSGUIDE. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
5. ADVERTISEMENTS AND PROMOTIONS
RACERSGUIDE may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than RACERSGUIDE, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. RACERSGUIDE is not 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 third-party advertisers on the Site.
6. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
(A) YOU EXPRESSLY AGREE THAT USE OF RACERSGUIDE IS AT YOUR SOLE RISK. NEITHER RACERSGUIDE, SANDS, ITS PARENT, SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT RACERSGUIDE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF RACERSGUIDE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH RACERSGUIDE.
(C) NEITHER RACERSGUIDE, SANDS, ITS PARENT, SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
(D) IN NO EVENT WILL RACERSGUIDE, SANDS, ITS PARENT, SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING RACERSGUIDE OR THE RACERSGUIDE SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE RACERSGUIDE..
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, RACERSGUIDE, SANDS, ITS PARENT, SUBSIDIARIES, ITS OTHER AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, LICENSORS, INFORMATION PROVIDERS OR CONTENT PARTNERS BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN RACERSGUIDE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER RACERSGUIDE, SANDS, ITS PARENT, SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, LICENSORS, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
(F) RACERSGUIDE disclaims any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By accessing RACERSGUIDE, you acknowledge and agree to RACERSGUIDE’s disclaimer of any such liability. If you do not agree, you should not access or use RACERSGUIDE.
You agree to defend, indemnify and hold harmless RACERSGUIDE, SANDS, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of RACERSGUIDE by you or your Account.
RACERSGUIDE, Sands, its parent, subsidiaries and affiliates, own all rights to their logos and trademarks and servicemarks used in connection with the Site. All other logos and trademarks appearing on RACERSGUIDE are the property of their respective owners and may not be used without express written consent of RACERSGUIDE or Sands.
11. COPYRIGHTS AND COPYRIGHT AGENT
RACERSGUIDE respects the rights of all copyright holders and in this regard, RACERSGUIDE has adopted and implemented a policy that provides for the termination in appropriate circumstances of users and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide RACERSGUIDE’s Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party;
5. A statement that the complaining party has 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
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries under the Digital Millennium Copyright Act please contact:
Sands Entertainment LLC
849 Route 539
New Egypt, NJ 08533