Terms

Welcome to Racevine.com (property of Racevine.com, Inc). The following are the rules ("Terms") that govern use of the Racevine.com website ("Site"). By using or visiting the Site, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Site. Racevine.com ("Racevine") reserves the right to change these Terms at any time, effective immediately upon posting on the Site.

Eligibility

The Racevine service is not available to minors under the age of 18 or to any users suspended or removed from the system by Racevine for any reason. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use Racevine only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Use. Users may not have more than one active account. Additionally, users are prohibited from selling, trading, or otherwise transferring your Racevine account to another party. If you do not qualify, you may not use the Site.

Content

By submitting information or a photo to or through the Site, you grant Racevine an unlimited worldwide right to republish the content in any online or printed form. Racevine reserves the right to modify, translate, republish, reproduce, and/or distribute any and all content submitted to the Site.

You are entirely responsible for all content that you post, email or otherwise make available via the Site.

You agree that under no circumstances will Racevine be liable in any way for any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise made available via the Site.

You acknowledge that Racevine shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any content that is available via the Site, for violating the letter or spirit of the Terms or for any other reason.

Reviews on Racevine

Reviews do not reflect the views of Racevine; its parent, subsidiary or affiliated companies; or its employees, principals, officers, directors, or shareholders. Reviews that are submitted to Racevine shall be owned exclusively and in perpetuity by Racevine. Such exclusive ownership means that Racevine, its parent, subsidiary, and/or affiliated companies have the unrestricted, perpetual, and exclusive right to use, reproduce, modify, translate, transmit, and distribute any and all materials and communications regarding and including submitted reviews. Racevine is under no obligation to give credit or pay any consideration to you for your reviews.

Racevine reserves the right, but not the obligation, to refuse to post or to remove any review if it contains or features any of the following:

  • Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
  • Reviews submitted by the reviewed business' employees, affiliates, owners or shareholders (past or present) or competitors as determined by Racevine.
  • Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "this place is great!") as determined by Racevine in its sole discretion.
  • Reviews commenting on other users.
  • Content that contains personal attacks or describes physical confrontations and/or sexual harassment.
  • Excessive damage caused by business or service to person or property.
  • Personal information or messages including email addresses, URLs, phone numbers and postal addresses.
  • Messages that are advertising or commercial in nature, or are inappropriate based on the applicable subject matter.
  • Language that violates the standards of good taste or the standards of this website, as determined by Racevine in its sole discretion.
  • Content determined by Racevine to be illegal, or to violate any federal, state, or local law or regulation or the rights of any other person or entity.
  • Language intended to impersonate other users (including names of other individuals) or offensive or inappropriate user names or signatures.
  • Content that is not in English, that is encrypted or that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or personal information.

Restrictions on Rights to Use

You shall not (and you agree not to allow any third party to):

  • modify, adapt, translate, or reverse engineer any portion of Racevine;
  • remove any copyright, trademark or other proprietary rights notices contained in Racevine;
  • use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of Racevine;
  • collect any information about other users or members (including usernames and/or email addresses) for any purpose other than to solicit and share with other Racevine users or members;
  • reformat or frame any portion of the web pages that are part of Racevine;
  • create user accounts by automated means or under false or fraudulent pretenses;
  • create or transmit unwanted electronic communications such as "spam" to other users or members of Racevine or otherwise interfere with other user's or member's enjoyment of Racevine;
  • submit any third party materials or content without such third party's prior written consent;
  • submit any content or material that falsely express or imply that such content or material is sponsored or endorsed by Racevine;
  • submit any content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other proprietary rights of any party;
  • use of Racevine to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
  • copy or store any content offered on Racevine for other than your own personal use;
  • submit content or materials that are unlawful or promote or encourage illegal activity;
  • submit false or misleading information to Racevine;
  • take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
  • use of Racevine, intentionally or unintentionally, to violate any applicable local, state, national or international law; or
  • collect or store personal data about other users in connection with the prohibited activities described in this paragraph.

Copyright Complaints

Racevine respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at legal@racevine.com.

Privacy and Informatsion Disclosure

The Racevine current privacy policy is available at www.racevine.com/privacy.php

Disclaimers

RACEVINE DOES NOT PROMISE THAT THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM THE USE OF THE SITE OR ANY CONTENT, SEARCH, OR LINK ON IT. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. RACEVINE CANNOT ENSURE THAT FILES YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR OTHER DESTRUCTIVE FEATURES. RACEVINE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RACEVINE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, AND PUNITIVE AND CONSEQUENTIAL DAMAGES.

Racevine disclaims any and all liability for the acts, omissions, and conduct of any third-party users, Racevine users, advertisers, and/or sponsors on the Site, in connection with the Site, or otherwise related to your use of the Site. Racevine is not responsible for the products, services, actions, or failure to act of any third party in connection with or referenced on the Site. Without limiting the foregoing, you may report the misconduct of users and/or third-party advertisers or service and/or product providers referenced on or included in the Site to Racevine at legal@racevine.com. Racevine may investigate the claim and take appropriate action, at its sole discretion.

Limitation on Liability

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL RACEVINE BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF RACEVINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Disputes

If there is any dispute about or involving the Site, you, by using the Site, agree that the dispute will be governed by the laws of the State of California without regard to its conflict-of-law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of San Francisco.

Indemnity

You agree to indemnify and hold Racevine, its subsidiaries, affiliates, officers, agents, and other partners and employees harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, including your use of the Site to provide a link to another site or to upload content or other information to the Site.

Termination

Racevine may terminate or suspend any and all Services and your Racevine account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using Racevine. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.