Terms Of Service Agreement
Before proceeding with your registration please carefully read the Terms Of Service Agreement below. By clicking the "I Accept" button, you agree to all terms outlined below.
. All files uploaded should be screened for viruses before being posted. Additionally, when users report a problem with a file then that file is examined and usually removed from public accessibility.] 8. INDEMNIFICATION You agree to indemnify and hold NNRacing.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Service. 9. TERMINATION NNRacing.com may terminate your access to any part or all of the Service and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever. NNRacing.com may also terminate or suspend your account for inactivity, which is defined as failing to sign-in to the Service for an extended period of time, as determined by NNRacing.com. The amount of time that NNRacing.com currently considers as an "extended" period of time may be viewed in our FAQ. Upon termination of the Service, your right to use the Service immediately ceases. If you wish to terminate your account, your only recourse is to discontinue the use of the Service. NNRacing.com shall have no obligation to maintain any content in your account or to forward any unread or unsent messages to you or any third party. 10. NO SPAM; DAMAGES NNRacing.com will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay NNRacing.com liquidated damages of $5 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, or $100 for each file uploaded that holds intelectual property rights without the authors express consent, otherwise you agree to pay NNRacing.com's actual damages, to the extent such actual damages can be reasonably calculated. 11. PARTICIPATION IN PROMOTIONS OF ADVERTISERS Any dealings with Advertisers on the Service or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the Advertiser or other third party. NNRacing.com shall not be responsible or liable for any part of any such dealings or promotions. 12. PROPRIETARY RIGHTS TO CONTENT You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or electronically distributed, commercially produced information presented to you by the Service, by NNRacing.com, or NNRacing.com's Advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may make a copy of this content for your personal, non-commercial use only, provided that you keep all copyright and other proprietary notices intact. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service and its associated Web sites, including code and software. 13. MODIFICATIONS TO TERMS OF SERVICE, MEMBER POLICIES NNRacing.com reserves the right to change the TOS or policies regarding the use of the Service at any time and to notify you by posting an updated version of the TOS on this Web site. You are responsible for regularly reviewing the TOS. Continued use of the Service after any such changes shall constitute your consent to such changes. 14. GENERAL This agreement is governed by the laws of the State of Ohio, and the United States of America. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and NNRacing.com as a result of this agreement or use of the Service. NNRacing.com's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of NNRacing.com's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by NNRacing.com with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and NNRacing.com with respect to the Service (excluding the use of any software which may be subject to an end-user license agreement) and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and NNRacing.com with respect to the Service. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and NNRacing.com agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance.
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