PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE.
INTENDED AUDIENCE/USE:
Vision Racer provides this Web site to you, subject to these Terms of Use. The Terms of Use may be updated by Vision Racer from time to time without notice to you. This Web site and other Vision Racer Web sites that are linked to this site or affiliated with this site (collectively "the Site") and all the information, communications, software, scripting, photos, text, video, graphics, music, sounds, images and other materials and services found on the Site (collectively "Content"), is intended for the lawful use of Vision Racer’s customers, employees and members of the general public. The Site is controlled and operated in whole or in part by Vision Racer from its offices in the
United Kingdom
and
New Zealand
. You acknowledge that Vision Racer reserves the right in its sole discretion to refuse or terminate access to the Site by you at any time.
ACCEPTANCE OF TERMS:
You acknowledge you have read, and agree to be bound by these Terms of Use and to comply with all applicable laws and regulations. You further agree to comply with all local laws, regulations and rules regarding online conduct and acceptable Content. You represent you have the legal authority to accept these Terms of Use on behalf of yourself or any party you represent. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE.
TRADEMARKS AND SERVICE MARKS:
There are a number of proprietary logos, service marks, trademarks, slogans and product designations found on this Site. By making them available on this Site, Vision Racer is not granting you a license to use them in any fashion. Access to this Site does not confer upon you any license under any of Vision Racer's or any third party's intellectual property rights.
Acrobat® and Acrobat Reader® are registered trademarks of Adobe Systems Incorporated.
Dolby®, Dolby Digital, Dolby Surround®, Pro Logic® and the double-D symbol are registered trademarks of Dolby Laboratories; Dolby Digital is manufactured under license from Dolby Laboratories.
DTS®, DTS Digital Sound® and DTS Digital Surround® are trademarks of Digital Theater Systems, Inc.
JavaTM Technology and/or J2METM and all other Java-based marks are trademarks or registered trademarks of Sun Microsystems, Inc. in the
U.S.
and other countries.
Microsoft®, Windows® and Windows Media® are registered trademarks of Microsoft Corporation; and Windows XPTM is a trademarks of Microsoft Corporation.
SUBMISSION OF INFORMATION:
Although Vision Racer provides certain encryption in an effort to protect the electronic transmission of credit card numbers ("Financial Information") that you submit to Vision Racer through the Site, Vision Racer does not guarantee the security of any information transmitted to or from the Site. You understand and agree to assume the security risk for any information you provide using the Site.
Other than the Financial Information, do not send any confidential or proprietary information to Vision Racer through the Site. Except for the Financial Information or personally identifiable information relative to you, any information you do send to Vision Racer through the Site will be deemed NOT to be confidential ("Non-Confidential Information"). For any Non-Confidential Information you do send, post or submit you hereby grant Vision Racer an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the Non-Confidential Information, and agree that Vision Racer is free to use any ideas, concepts, know-how or techniques that you send Vision Racer for any purpose whatsoever without compensation to you or any other person sending the Non-Confidential Information, and you represent and warrant that you own or otherwise control all of the rights to the Non-Confidential Information and that public posting and use of your content by Vision Racer will not infringe or violate the rights of any third party. Your personally identifiable information you submit to us shall be treated in accordance with our Privacy Policy.
You are prohibited from posting or transmitting to or from the Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
MESSAGE BOARDS:
All message boards on this website are monitored by Vision Racer. These monitored message boards are moderated and messages are screened for inappropriate content. Please be advised that message board content is the sole responsibility of the person supplying the content, and Vision Racer assumes no responsibility to control such content. All messages posted or submitted to a message board shall be treated as Non-confidential Information as outlined above.
VISION RACER PRIVACY POLICY:
Vision Racer's collection and use of personally identifiable information about you is subject to our Privacy Policy. For more information, see our full privacy policy for this site by clicking the link at the bottom of the page. This site is intended for use by persons over the age of 13. Vision Racer does not seek to collect information about children under the age of 13. No information should be submitted to or posted on this Web site by users under 13 years of age. Vision Racer encourages parents to take an active role in their children's use of the Internet, and to inform them of the potential dangers of providing information about themselves over the Internet.
PARTICIPATION IN PROMOTIONS AND OTHER SITE ACTIVITIES:
If you choose to participate in a promotion or other Vision Racer-sponsored activity ("Website Activity"), you agree to comply with any rules or regulations governing such Website Activity. Additionally, as a condition of your continued participation in the Website Activity, you agree not to: 1) upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous,
invasive of
another's privacy,
hateful, or
racially, ethnically
or otherwise
objectionable; 2)
harm minors in any
way; 3) impersonate
any person or entity
or falsely state or
otherwise
misrepresent your
affiliation with a
person or entity; 4)
forge headers or
otherwise manipulate
identifiers in order
to disguise the
origin of any
Content transmitted
through the Website
Activity; 5) upload,
post, email,
transmit or
otherwise make
available any
content that you do
not have a right to
make available under
any law or under
contractual or
fiduciary
relationships (such
as inside
information,
proprietary and
confidential
information learned
or disclosed as part
of employment
relationships or
under nondisclosure
agreements); 6)
upload, post, email,
transmit or
otherwise make
available any
content that
infringes any
patent, trademark,
trade secret,
copyright or other
proprietary rights
of any party; 7)
upload, post, email,
transmit or
otherwise make
available any
unsolicited or
unauthorized
advertising,
promotional
materials, "junk
mail," "spam,"
"chain letters,"
"pyramid schemes,"
or any other form of
solicitation;
8) upload, post,
email, transmit or
otherwise make
available any
material that
contains 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; 9)
interfere with or
disrupt the service
or servers or
networks connected
to the service, or
disobey any
requirements,
procedures, policies
or regulations of
networks connected
to the service; 10)
"stalk" or otherwise
harass another
person or entity; or
11) collect or store
personal data about
other users.
PARTICIPATION IN PROMOTIONS AND OTHER SITE ACTIVITIES:
If you choose to participate in a promotion or other Vision Racer-sponsored activity ("Website Activity"), you agree to comply with any rules or regulations governing such Website Activity. Additionally, as a condition of your continued participation in the Website Activity, you agree not to: 1) upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; 2) harm minors in any way; 3) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; 4) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Website Activity; 5) upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); 6) upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; 7) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; 8) upload, post, email, transmit or otherwise make available any material that contains 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; 9) interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service; 10) "stalk" or otherwise harass another person or entity; or 11) collect or store personal data about other users. You agree that violation of any of the foregoing will result in your immediate disqualification from participant in the Website Activity, and may result in additional legal actions being taken by Vision Racer.
LINKS TO THIRD PARTY WEB SITES:
This Site may provide links to other third-party World Wide Web sites or resources. Vision Racer makes no representations whatsoever about any other Web site which you may access through this Site. Because Vision Racer has no control over such sites and resources, you acknowledge and agree that Vision Racer is not responsible for the availability of such external sites or resources and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such sites or resources. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. References on this Site to any names, marks, products or services of any third parties or hypertext links to third party sites or information are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. Vision Racer makes no representation or warranty as to any third party Content, products or services, and you agree that Vision Racer shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party Content, products or services available on or through any such site or resource.
NOTICES:
Notices to you may be made via either e-mail or regular postal mail. Vision Racer may also provide notices of changes to the Terms of Use or other matters by displaying notices or links to notices to you generally on the Site.
DISCLAIMER OF WARRANTY:
VISION RACER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THE SITE OR ANY OTHER WEB SITES LINKED TO OR FROM THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR USE OF THIS SITE. THE CONTENT OF THE SITE IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, VISION RACER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VISION RACER SHALL BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY, OR TO CREATE ANY WARRANTY.
LIMITATION OF LIABILITY:
VISION RACER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THIS SITE, ITS CONTENT OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES EVEN IF VISION RACER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, VISION RACER'S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THIS SITE, ITS CONTENT OR LINKS, SHALL NOT EXCEED THE AMOUNT YOU PAID TO ACCESS THIS SITE.
REVISIONS:
Vision Racer may modify, suspend, withdraw or discontinue, temporarily or permanently, the Content, in whole or in part, at any time without notice. You agree that Vision Racer shall not be liable to you or to any third party for any modification, suspension, withdrawal or discontinuance of the Content. Vision Racer may at any time revise these Web Site Terms of Use by updating this posting. By using the Site, you agree to be bound by any such revisions and you agree to periodically visit this page to determine the then current Web Site Terms of Use to which you are bound.
TERMINATION:
You agree that Vision Racer, in its sole discretion, may terminate or restrict your use or access to this Site (or any part thereof) for any reason, including, without limitation, that Vision Racer believes you have violated or acted inconsistently with the letter or spirit of these Terms of Service, or the terms, conditions, or rules of a sweepstakes, contest, or other promotion contained within the Site.
GENERAL INFORMATION:
The Terms of Use constitute the entire agreement between you and Vision Racer and govern your use of the Site, superseding any prior agreements between you and Vision Racer relating to your use of this site. You may also be subject to additional terms and conditions that may apply when you use purchase products or services, participate in a sweepstakes, contest or other promotion, participate in a Vision Racer-sponsored Developer Program or service, or use or download software. If any provision of these Web Site Terms of Use is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of the Terms of Use. The failure of Vision Racer to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. By accessing the Site you agree that the statutes and laws of the
United Kingdom
and
New Zealand
without regard to conflicts of laws or principles will apply to all matters relating to use of the site. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
VIOLATIONS:
Please report any
violations of these Terms
using the form on the
contact us page.
"Vision Racer" & "Formula
Vision Racer" are Patent Pending
