© 2018-2020 Darlington Raceway Ministries - All rights reserved
Design By Jody Gardner
2.1 Access and License. Provided you are not under the age of thirteen (13), we hereby grant you a personal, non-exclusive, non-transferable, revocable license to access our Website and use the Services only for your own personal and noncommercial purposes (the “License”).
To access the Website or Services, or some of the resources offered, you may be asked to open a Darlington Raceway Ministries Account and provide certain registration details or other information. Please be sure to (i) provide correct, current and complete information about yourself as prompted by any registration form for the Website or Services (such information being the “Registration Data”) and (ii) maintain and promptly update the Registration Data to keep it correct, current and complete. Darlington Raceway Ministries will use the email address provided in your Registration Data to provide notices, statements, and other communications to you, so please be sure to keep it current.
If you create, or are provided with, a username, password or any other information as part of our security procedures, please treat such information as confidential and do not disclose such information to any other person or entity. Your Darlington Raceway Ministries Account is personal to you and should not be used to provide any other person access to this Website or the Services. To protect your security, as well as our Website and Services, you must notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
5.2 Your Content. The Website and Services may allow or require you to post data, text, pictures, videos, recordings or other materials and information that will be accessible by visitors to the Website or users of the Services (“Public Content”), or that will only be accessible by you or those designated by you (“Private Content”) (Public Content and Private Content, collectively referred to as “Your Content”). As between you and Darlington Raceway Ministries, you remain the sole owner of and solely responsible for Your Content. Darlington Raceway Ministries does not claim ownership of any of Your Content, but by submitting Your Content, you hereby grant Darlington Raceway Ministries a nonexclusive, worldwide, royalty-free, fully paid up, irrevocable, perpetual right and license to link to, reproduce, distribute, adapt, promote, display, and sublicense Your Content, including without limitation using Your Content in marketing materials for Darlington Raceway Ministries. (e.g., photos from your Public Group Profile). While we retain this right, we will do our best to contact you if Your Content will be used for marketing purposes. Darlington Raceway Ministries does not endorse, guarantee, or assume any responsibility, obligation or liability relating to Your Content, including without limitation liability for third-party claims against users of the Website or Services for defamation, libel, slander, infringement, invasion of privacy, violation of publicity rights, obscenity, pornography, profanity, fraud or misrepresentation. Unless required otherwise by law or unable to determine the source of Your Content, Darlington Raceway Ministries will attempt to contact you before removing any of Your Content. However, Darlington Raceway Ministries reserves the right to remove any of Your Content at any time, with no obligation to notify you of the removal, where Darlington Raceway Ministries believes in good faith that such removal is appropriate. Publication of any of Your Content is at the sole discretion of Darlington Raceway Ministries.
5.3 Prohibited Content. We want to maintain a Website and Services that are a positive, healthy experience for all. Therefore, while using the Website or Services, you agree that you will not upload, post, email, transmit or otherwise make available any Public Content or Private Content that: (i) is unlawful, harmful, threatening, abusive, harassing, tortious, infringing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or is racially, ethnically or otherwise objectionable; (ii) creates a risk of harm, loss, or damage to any person or property or a risk of physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to yourself, to any other person, or to any animal; (iii) seeks to harm or exploit minors in any way, including, but not limited to, by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) violates, or encourages any conduct that violates laws or regulations or contains any information or content that is illegal; or (v) infringes any third party’s intellectual property rights, privacy rights, publicity rights, or other personal or proprietary rights or contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
5.5 Transmission of Your Content. The term “Your Content” also includes registration information, business and financial information, electronic transmissions and all other data of any kind contained within emails or otherwise submitted by you or entered electronically in the course of your use of the Website or Services. You understand that the technical processing and transmission of Your Content (including the possible transmission of Your Content outside its country of origin) may be necessary to your use of the materials, services and content offered on or through the Website or Services and consent to Darlington Raceway Ministries interception and storage of Your Content. You understand that you or Darlington Raceway Ministries may be transmitting Your Content over the Internet, and over various networks, only part of which may be owned and operated by Darlington Raceway Ministries. You agree that Darlington Raceway Ministries is not responsible for any portions of Your Content that are lost, altered, intercepted or stored without authorization during the transmission of Your Content across networks not owned and operated by Darlington Raceway Ministries.
5.6 Copyright Infringement Notification Process. Darlington Raceway Ministries abides by the Federal Digital Millennium Copyright Act (the “DMCA”). If you believe that any content included on the Website or Services is your proprietary work and has been copied in a way that constitutes an infringement of your copyrights in that work, please immediately notify Darlington Raceway Ministries of any such copyright or other Intellectual Property Rights infringement. Similarly, if you believe that Your Content has been inappropriately removed, you may send a counter-notification. In either case, your written notice should be sent to our designated agent as follows:
Darlington Raceway Ministries
P.O. Box 1407, Hartsville, SC 29551
5.6.1 Copyright Infringement Notification. To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):
5.6.2 Counter-Notification. If Your Content has been taken down, you may elect to send us a counter notice. To be effective your counter notice must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
While we try to provide the website and services at a standard that we would expect to receive from others providing similar websites or services, no one and no thing is perfect. THEREFORE, THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DARLINGTON RACEWAY MINISTRIES AND ITS SUBSIDIARIES, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS AND LICENSORS (COLLECTIVELY, THE “DARLINGTON RACEWAY MINISTRIES PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE DARLINGTON RACEWAY MINISTRIES PARTIES DO NOT WARRANT THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE OR SERVERS THAT MAKE THE WEBSITES AND SERVICES AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DESCRIPTIONS OR DEPICTIONS, OR OTHER CONTENT OFFERED AS PART OF THE WEBSITE OR SERVICES, ARE ACCURATE, RELIABLE, CURRENT OR COMPLETE.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES ARE AT YOUR SOLE RISK. IF YOU DOWNLOAD ANY CONTENT FROM THE WEBSITE OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT THROUGH THE WEBSITE OR SERVICES. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE WEBSITE OR SERVICES OR ANY FEATURE OR PART THEREOF AT ANY TIME. THE DARLINGTON RACEWAY MINISTRIES PARTIES ASSUME NO RESPONSIBILITY FOR THE DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT OR PERSONALIZATION SETTINGS.
YOU UNDERSTAND AND AGREE THAT THE DARLINGTON RACEWAY MINISTRIES PARTIES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AN AVIXENA PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OR ACCESS OF, OR INABILITY TO USE OR ACCESS, THE WEBSITE OR SERVICES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE OR SERVICES.
You may opt out of this agreement to arbitrate by providing written notice of your intention to do so to Darlington Raceway Ministries within 60 days of the earlier of your first use of the Website or Services or your creating a Darlington Raceway Ministries Account.
This Agreement does not establish any relationship of partnership, joint venture, employment, franchise or agency between you and us.