Terms of Service

Racing 2 Cure Terms of Service Agreement

Revised 01.29.2011 | Jump to Privacy Policy

Welcome to Racing2Cure.org, a North Carolina 501C Non-profit organization dedicated to helping families fighting cancer by fundraising activities through motorsports racers. Our fundraising website incorporates social networking providing an interactive environment for members to request donations from fans, friends, and family to contribute to the Racing 2 Cure program. You accept and agreed to be bound by the following Terms of Service (TOS) by signing up and using the Racing 2 Cure site. This TOS sets forth the legally binding terms of your use and membership. The TOS may be modified from anytime without prior notice and will be effective immediately upon posting to the Racing 2 Cure website. The TOS will remain in effect and full force while you use the site as a non-member or member. Racing 2 Cure recommends you check our Terms of Service each time you visit to review if they have been updated. The most recent version of this Agreement will be posted here.

Eligibility

By registering for the Racing 2 Cure website, you represent you are at least 13 years of age or older, and agree you will be legally bound by this Agreement. If you are a minor under the age of 13, your parent or guardian must read and accept the terms of this Agreement before you register. No registered user may participate where doing so would be prohibited by any applicable law or regulation.

Termination

Your membership may be terminated for any reason at any time by emailing membership(at)racing2cure.org with your full name and username and a short message that you would like to cancel. Racing 2 Cure reserves the right to terminate your membership at any time, for any reason, effective immediately upon receiving a termination email to the email address you used to register for an account. Even after membership is terminated, the Terms of Service will remain in effect.

Members Content

Racing 2 Cure may review and delete any content on our website deemed violates our Terms of Service at anytime. This will be the sole judgment of the company and includes but is not limited to offensive, illegal, or unlawful content. This also encompasses any content that may violate others rights, harm, or threaten the safety of other members.

A. Prohibited Content:

Prohibited Content on the site includes but is not limited to the following:

  • Content containing pornography, provocative, nudity, or extremely offensive material. This includes text, video, and photos but is not inclusive.
  • Content subject to copyright violation determined in by the judgment of Racing 2 Cure or as reported with sufficient evidence by the real owner.

B. Prohibited Activities.

Prohibited activities on the site include but are not limited to the following:

1) Attacks on other Members

Members are subject to communicating in a decent and respectful manner with one another. Any profanity, personal attacks, insults, trolling, etc. towards an individual will not be tolerated. The administrators/moderators of the site have the right to remove any harmful or vulgar contents if they do not meet our standards of decency.

2) Abusive or Inflammatory Language

Members are prohibited to post, distribute, or disseminate any inappropriate, discriminatory comments/messages/content. This includes profane, abusive, defamatory, infringing, threatening, obscene, unlawful, material which promotes racism, sexism, hatred, bigotry; or any attack on an individual or group based on such things as religious belief or sexual orientation. Inappropriate topics, posts, and comments are disruptive and inflaming, and are not beneficial to our group of members.

3) Unauthorized Advertisements

Any unauthorized advertisements are strictly prohibited. Members must obtain permission from the company you are promoting (your sponsors) in order to publicize any commercial content within the site.

4) Spamming, Pyramid Schemes and Chain Letters

Spam is defined as any repetitive entries (sensible or insensible) posted multiple times so as to annoy readers or disrupt the harmony of the site. Pyramid schemes, chain letters and messages along this line are also prohibited.

5) Copyright and Plagiarism

Members should make sure they have permission before posting material owned by others. Plagiarism is illegal and unethical and is not allowed on the site. When using another person's words either from within or outside the site, users should be careful to give credit to the original source, and not represent that content as their own.

6) Scamming

Profiles created for sending scams. This includes but is not limited to invitations to donate money to bank accounts, financial plea letters, and invitations to invest in companies. All users should be wary of individuals asking them to take part in financial transactions.

7) Fake Profiles

Profiles that were created to impersonate or an attempt to impersonate another member, person or entity using personal information and photos that belongs to someone else such as email address with or without full knowledge and consent of the real owner will be banned immediately from the site.

8) Hacking of Accounts

Hacking accounts for any reason is strongly prohibited. Accounts should only be used by the rightful owner. Violations will be thoroughly investigated, and appropriate legal action will be taken.

9) Misuse of Homepage HTML Features

Racing 2 Cure may provide features for people to add additional HTML to the member's profile page. These features are intended for the member to decorate or change the layout of their homepage. Members must not misuse these feature. Activities which are considered 'misuse' include but not limited to:

  • Codes that hide or remove advertisements.
  • Codes that hide, remove, or prevent operation navigation bars and main section of user's homepage.
  • Codes that redirect users to another web page.
  • Codes that give the impression that your page is faulty or terminated.
  • Codes which otherwise interfere with our member's free usage of the site.

10) Use of Malicious Code

Members are prohibited to post, distribute, or disseminate any contents that contains software viruses, bots, worms, files, programs or any other malicious computer code that will interrupt, cause harm and limit the site and functionality of the user's system.

11) Posts Addressing Administrator/Moderator Actions and Content Violations

  • Reports about content violations including but not limited to topics, comments, messages, and photos, should be sent via our ticket support system.
  • Disputes will only be answered regarding your own reports and not disputes regarding other people's violations.

Privacy

Racing 2 Cure has established a Privacy Policy to explain to Members how their information is collected and used, which users can read by clicking here. Use of Racing 2 Cure’s website or the Services signifies acknowledgment of and agreement to the Racing 2 Cure Privacy Policy. Users further acknowledge and agree that Racing 2 Cure may disclose user’s personal information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, enforce this Agreement, or to protect the rights, property, or personal safety of Racing 2 Cure, its employees, users and third parties, and the public, or as otherwise described in the Privacy Policy. The Invite Friends feature is an easy way for Racing 2 Cure users to invite friends through email. The email address(es) that you supply to use this service will only be used to send your invitations to connect with Racing 2 Cure.

Notice Regarding Commercial Email

MEMBERS CONSENT TO RECEIVE COMMERCIAL E-MAIL MESSAGES FROM RACING 2CURE, AND ACKNOWLEDGE AND AGREE THAT THEIR EMAIL ADDRESSES AND OTHER PERSONAL INFORMATION MAY BE USED BY RACING 2 CURE FOR THE PURPOSE OF INITIATING COMMERCIAL E-MAIL MESSAGES.

J) Copyrights, Trademarks, Patents and Intellectual Property Rights

Member acknowledges files, messages, or other materials ("Content") contained on the Racing 2 Cure website and within Racing 2 Cure email messages, and third party advertisements on the website and distributed via email, of a commercial nature and presented to Member by Racing 2 Cure and the Services, are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Member is permitted to use Racing 2 Cure Content or third party Content only as expressly authorized by Racing 2 Cure or the third party advertiser. Member may not copy, reproduce, distribute, or create derivative works from the Racing 2 Cure Content or third party Content without expressly being authorized to do so by Racing 2 Cure or the third party advertiser. Member may make a copy of the Racing 2 Cure Content or third party Content for Member's personal, noncommercial use only, provided that Member keeps all copyright or other proprietary notices intact. Although Racing 2 Cure does not claim ownership of content that its Member's may provide to Racing 2 Cure, by providing content to Racing 2 Cure, Members automatically grant, and represent and warrant that they have the right to grant, to Racing 2 Cure a worldwide, irrevocable, perpetual, non-exclusive, and fully sublicenseable, license to use, copy, perform, display, and distribute said content.

Racing 2 Cure respects copyright law and expects Members to do the same. Illegal or unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders' rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Racing 2 Cure's Agent for Notice of claims of copyright or other intellectual property infringement ("Agent"), at:

Racing 2 Cure Copyright Agent
631-431 Brawley School Rd Unit #148
Mooresville, NC 28117
copyrightagent(at)Racing2Cure.com


Please provide the following Notice:

  1. Identify to Racing 2 Cure with enough detail to easily locate the material on our website the material you claim is infringing.
  2. Provide a good faith statement you believe the disputed use is not authorized by it’s agent, copyright owner, or the law.
  3. Submit a statement by you declaring under penalty of perjury you are the owner of the copyright interest involved or are an authorized to act on behalf of the owner, and that the above information in your Notice is truthful and accurate.
  4. Your email address, physical address, telephone number, and your physical or electronic signature.

Racing 2 Cure's Agent will forward this information to the alleged infringer. It is Racing 2 Cure's policy to terminate the accounts of repeat infringers.

K) Disputes

The Agreement shall be governed by, and construed in accordance with, the laws of the State of North Carolina, without regard to its conflict of law provisions. You and Racing 2 Cure agree to submit to the exclusive jurisdiction of the courts located within Iredell County, North Carolina to resolve any dispute arising out of the Agreement or the Racing 2 Cure Services. If there is a dispute between participants on this site, or any third party, Racing 2 Cure is under no obligation to become involved. In the event that Member has a dispute with one or more members, Member hereby releases Racing 2 Cure, their officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.

M) DISCLAIMERS OF WARRANTIES

MEMBER AGREES THAT USE OF THE RACING 2 CURE WEBSITE AND THE SERVICES IS ENTIRELY AT MEMBER'S OWN RISK. THE RACING 2 CURE WEBSITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, RACING 2 CURE DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE RACING 2 CURE WEBSITE AND THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, RACING 2 CURE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE RACING 2 CURE WEBSITE OR THE SERVICES ACCESSED THROUGH ANY LINKS ON THE RACING 2 CURE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, RACING 2 CURE DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE RACING 2 CURE WEBSITE OR THE SERVICES. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

N) LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL RACING 2 CURE BE LIABLE ON ACCOUNT OF MEMBER'S USE OR MISUSE OF THE RACING 2 CURE WEBSITE OR THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE RACING 2 CURE WEBSITE OR THE SERVICES, FROM INABILITY TO USE THE RACING 2 CURE WEBSITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE RACING 2 CURE WEBSITE OR THE SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE RACING 2 CURE WEBSITE OR THE SERVICES OR ANY LINKS ON THE RACING 2 CURE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE RACING 2 CURE WEBSITE OR THE SERVICES OR ANY LINKS ON THE RACING 2 CURE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.

O) Indemnification

Member agrees to indemnify and hold Racing 2 Cure, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, service providers, and suppliers harmless from any dispute which may arise from a breach of terms of this Agreement. Member agrees to hold Racing 2 Cure harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to Member's violation of this Agreement. Member agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Racing 2 Cure, the Services or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Q) Agreement

The Agreement governs your use of Racing2Cure.org and our Services, superseding any prior agreements between Member and Racing 2 Cure. You also may be subject to additional terms and conditions that may apply when you use promotion (affiliate) services, third-party content or third-party software. Failure of Racing 2 Cure to enforce or exercise any provision or right of this Agreement shall not constitute a waiver of such provision or right.

Contacting Racing 2 Cure

Questions regarding this Terms of Service may be directed to Racing 2 Cure at the following address:

Racing 2 Cure

631-431 Brawley School Rd. Unit #148

Mooresville, NC 28117