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Privacy Policy

 

 

 

Confidentiality and Transmissions over the Internet

The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not secure, and is subject to possible loss, interception or alteration while in transit. Accordingly, we do not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, such as transmissions involving the exchange of e-mail with us (including those which may contain your personal information). While we shall take commercially reasonable efforts to safeguard the privacy of the information you provide us and treat such information in accordance with our Privacy Policy, in no event will the information you provide to us be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without our consent.


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User Conduct and Obligations

You agree to follow all applicable laws and regulations when using this website. Furthermore, you agree that you shall not upload, post or otherwise transmit through or to this website any content that:

  • Is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory or otherwise objectionable;

  • Might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others;

  • Contains any viruses, trojan horses, time bombs, or any other harmful programs or elements;

  • Disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of our website, its computer systems, servers or networks;

  • Provide false information about yourself to us, impersonate any other person, or otherwise attempt to mislead others about your identity or the origin of any content, message or other communication;

  • Transmit junk mail, chain letters, or other unsolicited bulk e-mail or duplicative messages;

  • Collect information about other visitors to our website without their consent or otherwise systematically extract data or data fields, including without limitation any financial data or e-mail addresses;

  • Sell access to or the use of this website, including any content contained on, downloaded or accessed from this website, except as specifically permitted in writing by Nine Racing, Inc.;

  • Redistribute any content, including financial data, provided by us in any manner whatsoever including by means of printed publication, fax broadcast, web pages, e-mail, web newsgroups or forums, or any other electronic or paper-based service or method;

  • Intentionally alter the format in which financial data is provided by us or otherwise circumvent our regular interfaces to such data;

  • Embed or import any financial data provided by us into any information services (whether or not web-based), data files or application software, including without limitation accounting and payroll systems, except as except as specifically permitted in writing by Nine Racing, Inc..

By uploading, posting or otherwise transmitting through or to our website any content, you grant to us, our successors and assigns, a non-exclusive, world-wide, royalty free, perpetual, non-revocable license to use or distribute such content in any manner otherwise than as stated in our Privacy Policy.


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Indemnification by User

You agree to indemnify, defend and hold us and our affiliates, business partners, officers, directors, employees and agents harmless from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) asserted by any third party relating in any way to your use of this website or breach of these Terms of Use. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.


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Third Party Websites, Content and Products and Services

Links or pointers to other websites and references to products and services offered by third parties are provided to you for convenience only and do not constitute an endorsement or approval by us of (i) the organizations that operate such websites; (ii) the content, privacy policies or other terms of use on such websites; or (iii) such third party products and services. As we have no control or responsibility over websites or content maintained by other organizations, or for products and services offered by third parties, we do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.


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Proprietary Rights

Nine Racing, Inc. logos, and other identifying marks of Nine Racing, Inc. are and shall remain the trade-marks and trade names and exclusive property of Nine Racing, Inc., and any unauthorized use of these marks is unlawful. Other trade-marks on this website are the property of their respective owners. All content on this website, including without limitation all programs, complied binaries, interface layout, interface text, documentation and graphics, is the copyrighted property of Nine Racing, Inc. and is protected by international copyright law. The content on this website may be used by you only for your personal, non-commercial use as provided for in these Terms of Use, but may not be taken out of context or presented in a misleading or discriminatory manner. Any rights not expressly granted to you are reserved by us.


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Notice of Copyright Infringement

Our policy is to comply with all intellectual property laws and to act expeditiously upon receiving any notice of claimed infringement. If you believe that your work has been reproduced on this website in a manner that constitutes copyright infringement, please provide a notice of copyright infringement containing all of the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.

  • Identification of the copyrighted work claimed to have been infringed.

  • Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.

The address, telephone number or e-mail address of the complaining party.
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.

A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.
All notices of copyright infringement should be sent to:

Nine Racing, Inc.
31706 South Coast Highway, Laguna Beach, CA 92651
Phone: 949/499-5413, Fax: 949/499-6803

IMPORTANT: We at Nine Racing, Inc. are committed to establishing our services in as many languages as possible. However, our company is based in the United States and our staff are English-speaking. We apologize, but we can only correspond in English.


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General Information

If any provision of these Terms of Use is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Use shall continue in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use.

You agree that these Terms of Sale, our Privacy Policy and other notices posted on this website have been drawn up in English. Although translations in other languages of any of the foregoing documents may be available, such translations may not be up to date or complete. Accordingly, you agree that in the event of any conflict between the English language version of the forgoing documents and any other translations thereto, the English language version of such documents shall govern.

These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to conflict of laws provisions thereto. The parties consent to the exclusive jurisdiction of the courts of, and venue and situs in, California, USA.


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Contact Information

If you have any questions or concerns about our website or these Terms of Use, please feel free to contact us at info@nineracing.com or use our contact form.

 

 

     
© Nine Racing, Inc. 2011
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