This legal Agreement (as defined below) is made between You and Us (both as defined below). Please read this Agreement carefully before registering for the Service (as defined below). By registering for the Service, You become a member (the "Member") of Racing4Peace.com (the "Site"), and You agree to be bound by the terms and conditions of this Agreement (the "Terms and Conditions") for as long as You continue to be a Member. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT REGISTER FOR THE SERVICE. THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE SUBJECT TO CHANGES MADE BY US, AT ANY TIME, EFFECTIVE UPON POSTING OF THE CURRENT VERSION OF THIS AGREEEMENT ON THE SITE.
The Site is operating for the purpose of raising money in the amount of US $100,000 (the "Amount") in order to enable the participation of Aric Lapter and Rasheed Nashashibi in the 2009 British Formula Vee championship (the "Racing"). The amount will be raised by selling advertisement spaces on the hood of the vehicle (the "Vehicle") to be used by Aric and Rasheed during the racing season, all in accordance with the terms and conditions of purchase attached hereto.
MINORS MAY NOT BECOME MEMBERS. By becoming a Member, You represent and warrant that You are at least 18 years old. By using the Service, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement.
1. DEFINITIONS
In this Agreement the following words have the following meanings unless the context requires otherwise:
1.1 "Agreement" means the agreement between You and Us incorporating these terms and conditions, and the accompanying Privacy Policy for the provision of the Service, as amended from time to time in accordance with the terms and conditions set forth herein; and
1.2 "Service" means the service provided at the Site, which is owned and operated by Us and include, among others, the raising of the Amount; and
1.3 We, Us, Our" means a non profit organization
1.4 "You, Yourself, Your" means the person who registers for the Service, accepts the terms and conditions of this Agreement and whose application for membership of the Service is accepted by Us.
2. YOUR USE OF THE SERVICE
2.1 You will use the Service in a manner consistent with any and all applicable laws and regulations. Except as expressly permitted by the regulations of the Site You will not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the Service. You will not transmit any chain letters or junk email to other members of the Site.
2.2 You are solely responsible for the content or information You publish or display on the Site. You will not publish or display on the Site, r transmit to Us or Our employees, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide or publish at the Site any offensive anatomical or sexual references, or offensive sexually suggestive or connotative language, and You will not post any photos containing nudity or personal information. We reserve the right, but We have no obligation, to reject any information or photo that does not comply with the prohibitions set forth in this section.
2.3 You are licensed to use the Content (as defined below) only for personal use. The download of the whole or material parts of any work or database is prohibited. Resale of a work or database or portion thereof is prohibited. Violation of this limited use license may result in immediate termination of Your membership and may result in legal action against You. You may use the software provided on the Service only while online and may not download, copy, reuse or distribute that software, except where it is clearly stated in connection with software that it is made available for offline use, and a license for such use is provided in connection with that software.
3. USER PROVIDED CONTENT
3.1 Portions of the Service will contain user provided content intended to be viewed in the form submitted by a member (the "User Provided Content"), to which You may contribute appropriate material. For User Provided Content, the Site is merely hosting and providing access, and We accept no liability whatsoever with regard to such material (including with respect to its accuracy). By submitting material to the Site, You grant Us a license to host and provide access to such material, allow hosting and access on co-branded services of that material, and to use the data contained in that material as search results and to integrate that data into the Service as We deem appropriate.
3.2 You must submit only material which belongs to You and which will not violate the property or other rights of other people or organizations. We are sensitive to the copyright and other intellectual property rights of others. We will not monitor User Provided Content, with the exception that We reserve the right to act expeditiously to remove or disable access to any User Provided Content that comes to our attention, including information which we believe, in our sole discretion, is illegal, obscene, indecent, defamatory, incites racial or ethnic hatred or violates the rights of others, and We may terminate Your use of the Service in these circumstances.
4. INTELLECTUAL PROPERTY
Although We do not claim ownership of content that Our users post, by posting or submitting content any public area to the Services, You automatically grant to Us and Our affiliates all necessary rights, permissions and consents and licensees and You represent and warrant that You have the right to grant, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, reproduce, copy, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; You grant and waive any moral or other rights You may have so as to enable the Services to be provided without restriction or obligation other than as set out in these terms and conditions, and warrant and represent that You own or otherwise control all of the rights to the content and that public posting and use of Your content by Us will not infringe or violate the rights of any third party. You understand that We are unable to provide you with permission to print, reproduce photos or images belonging to others.
5. PRIVACY
The personal information (including sensitive personal information) You provide to Us will be stored on computers. You also agree to read, review, comply with, uphold and maintain Our Privacy Policys and the terms and conditions thereof. If you are located outside of the state of Israel, please note that the information that you provide is being sent to the state of Israel. By becoming a member of the Service, you consent to your data being sent to the state of Israel and to such other third parties and jurisdictions as may be involved in the provision and operation of the Service.
6. LIMITED DISCLAIMER
6.1 LIMITATION OF LIABILITY. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In the event applicable law does not permit limitation or exclusion of liability as provided in this Section, the subject limitation or exclusion of liability shall be deemed modified so as to be effective to the greatest extent permitted.
6.2 WE DO NOT CONDUCT BACKGROUND CHECKS OR OTHERWISE SCREEN THE MEMBERS REGISTERING TO THE SERVICE IN ANY WAY AS A RESULT, WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF THIS SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH MEMBERS OF THE SERVICE OR VIA THE SERVICE. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, BODILY INJURY AND/OR EMOTIONAL DISTRESS AND DISCOMFORT.
6.3 Although each member must agree to Our terms and conditions, We cannot guarantee that each member is at least the required minimum age, nor do we accept responsibility or liability for any content, communication or other use or access of the Service by persons under the age of 18 in violation of this Agreement. Also, it is possible that other members or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the Service and that You may be involuntarily exposed to such offensive and obscene materials. It also is remotely possible for others to obtain personal information about You due to Your use of the Service, and that the recipient may use such information to harass or injure You. We are not responsible for the use of any personal information that You disclose on the Service. Please carefully select the type of information that You post on the Service or release to others. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE.
6.4 YOU AGREE THAT USE OF THE SERVICES IS ETIRE AT YOUR RISK. ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICES (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR SUBSIDIARIES AND OUR LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, TIMELINESS OR CORRECT; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
7. INDEMNITY BY MEMBER
You will defend, indemnify, and hold Us and Our officers, employees, members, agents and third parties harmless, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of Your use of the Service, including, but not limited to (i) Your breach of this Agreement; (ii) any allegation that any materials that You submit to Us or transmit to the Service infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and (iii) Your activities in connection with the Service. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
8. CMMUNICATIONS BETWEEN US AND YOU
Subject to Your consent we will send electronic mail to You, for the purpose of informing You of changes or additions to the Site, or of any related products and services.
9. TERMINATION
This Agreement will remain in full force and effect while You use the Service. The following is a partial, but not exhaustive, list of the types of actions that are illegal or prohibited under this Agreement:
9.1 You will not impersonate any person or entity.
9.2 You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or, in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
9.3 You will not post, distribute or reproduce, in any way, any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
9.4 You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.
9.5 You will not interfere with or disrupt any Service or any site, servers or networks connected to any Service or site.
9.6 You will not post, email or otherwise transmit 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.
9.7 You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
9.8 You will not "frame" or "mirror" any part of the Service.
9.9 You will not use meta tags or code or other devices containing any reference to Us or the Service or the site connected to the Service in order to direct any person to any other web site for any purpose.
9.10 You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or any software used on or for the Service or cause or enable others to do so.
9.11 You will not solicit personal identifying information from other users for commercial or unlawful purposes.
9.12 You will not solicit money from other users.
9.13 You will not promote information that is knowingly false, misleading or encourages unlawful activities or conduct that is threatening, obscene, defamatory or libelous.
10. ASSIGNMENT
We reserve the right to assign or transfer Our rights and obligations under this Agreement to any person who agrees to assume and comply with all the obligations set out in this Agreement. This Agreement is personal to You and, as a result, You may not without the written consent of Us, assign or transfer any of Your rights and obligations under this Agreement.
11. MODIFICATIONS TO THIS AGREEMENT AND THE SERVICE
We have the right, at Our sole discretion, to modify this Agreement or the Service at any time in order to take account of changes to the Service, changes in law or any other reason which We may deem valid at any time. Changes to the Service will be posted at the Site. Continued use of the Service now or following posted notices of changes in this Agreement means that You have accepted and are bound by the changes.
12. COMPLAINTS
To resolve a complaint regarding the Service, You should first contact Our customer service department.
13. MISCELLANEOUS
13.1 This Agreement is governed by the laws of the State of Israel without regard to its conflict of law provisions. You agree to personal jurisdiction by the courts of the State of Israel, City of Tel Aviv.
13.2 A person who is not a party to this Agreement has no right to rely upon or enforce any term of this Agreement.
13.3 In the event that any term of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. We can replace any term which is not valid and enforceable with a term of similar meaning which is valid and enforceable.
13.4 Any failure by Us to enforce any term of this Agreement shall not affect Our right to require such performance at any subsequent time, nor shall the waiver by Us of any breach by You of any provisions of this Agreement be taken to be a waiver of the provision or provisions itself.
13.5 Official correspondence must be sent via postal mail to:
aric@racing4peace.com or rasheed@racing4peace.com
You certify that You have read and that You agree to be bound by the terms and conditions in this Agreement and our Privacy Poilcy.
