Grand Prix Racing Online - Terms of Service
1. Acceptance of Terms and Amendments Through Use
By accessing this website (www.GPRO.net), or any of its pages, signify your agreement to these terms and conditions, which we reserve the right to change at any time without prior notification. If you do not accept these terms, You do not have the right to use the site/service.
2. Member Account
When the registration process is completed, you will receive an account name and password. The confidentiality of both the login details and the password are your sole responsibility to maintain. All activities which occur under your login and password are your full responsibility. In the event of any unauthorized use of your password or account, or of any other breach of security, you shall immediately notify Grand Prix Racing Online ("GPRO") staff. Furthermore, you agree that GPRO cannot and will not be liable for any loss or damage as a result of your failure to comply with section 2.
3. Member Responsibilities and Conduct
You accept that all information, data, graphics, text, music, sound, video, software, messages and all other materials (“content“) on this website, whether publicly or privately made available are the sole responsibility of the person from whom the content originated. You the user, and not GPRO are solely responsible for all content which is uploaded, posted or transmitted via the service we provide. The content posted via our service is not controlled by GPRO and therefore does not guarantee the accuracy, integrity or quality of such content. By using this service you are acknowledging that you may be exposed to content which is offensive, indecent or objectionable. GPRO shall not be liable under any circumstances or in any way for any content, including but not limited to, errors or omissions in content, or for any loss or damage of any kind incurred as a result of using any content submitted, posted e-mailed or otherwise transmitted via this service.
You agree to not use the Service to post, upload, e-mail or otherwise communicate information, other material or content which:
• Is copyrighted, unless you are the copyright owner or valid licensee to such materials and you have the right to grant GPRO all rights and licenses relating to the material involved.
• Reveals trade secrets, unless you own them, or you are the valid licensee to such materials and you have the right to grant GPRO the rights and licenses set forth in Section 8 of this Agreement;
• Infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
• Is obscene, defamatory, threatening, harassing, abusive, hateful, slanderous or embarrassing to any other person or entity or in violation of applicable law as determined GPRO in their sole discretion;
• Is sexually-explicit;
• May harm minors in any way
• Constitutes advertisements or solicitations of business, surveys, contests, chain letters or pyramid schemes;
• Contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
You further agree not to:
• Use any incomplete, false or inaccurate biographical information or other information for purposes of registering as a user of the Service, or for purposes of registering for any promotions offered through the Service;
• Impersonate any person or entity, including, but not limited to, a GPRO web master, or moderator, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Use public proxies to connect to GPRO
• Delete or revise any material or other information of any other user of the Service;
• Harvest, collect, or send information about others, including e-mail addresses, without their consent;
• intentionally or unintentionally violate any applicable law or regulation including, but not limited to, regulations promulgated by any securities exchange;
• "stalk" or otherwise harass another; or collect or store personal data about other users.
• Take any action that imposes an unreasonable or disproportionately large load on the Service's infrastructure;
• Use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any activity being conducted on this site;
• Use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatar's or intelligent agents) to navigate or search the Service to harvest or otherwise collect information from the Service to be used for any commercial purpose;
• Allow any other person or entity to use your username or password for posting or viewing comments or sending or receiving materials; or
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Service without previous permission from the GPRO staff.
You further agree not to violate or attempt to violate the security of the Service, including, without limitation:
• Accessing data not intended for you or logging into a server or account that you are not authorized to access;
• Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
• Attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, "flooding", "spamming", "mailbombing" or "crashing", the Service;
• Sending unsolicited e-mail, including promotions and/or advertising of products or services;
• Forging any TCP/IP packet header or any part of the header information in any e-mail or posting. Violations of system or network security may result in civil or criminal liability.
You acknowledge that GPRO does not pre-screen Content, but that GPRO staff shall have the right (but not the obligation) in their sole discretion to refuse, change or move any Content that is available via the Service. Without limiting the foregoing, GPRO and its staff shall have the right to modify or remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by GPRO or submitted to GPRO.
You acknowledge and agree that GPRO may preserve Content and may also disclose Content:
(a) for the purpose of properly administering your account in accordance with the standard operating procedures of GPRO and/or
(b) if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to:
(c) comply with legal process;
(d) enforce the TOS;
(e) respond to claims that any Content violates the rights of third-parties;
(f) protect the rights, property, or personal safety of GPRO its users and the public.
You acknowledge that the technical processing and transmission of the Service, including your Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. GPRO reserves the right to terminate your access to some or all parts of its Service if you withdraw your consent in this paragraph at any time.
4. No re-sale of service
You agree that you will not reproduce, duplicate, copy, sell, re-sell or exploit any part of this service , use of this service or access to this service for any commercial purpose.
5. Modifications to Service
GPRO reserves the right from time to time, at any time, to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that GPRO shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that GPRO in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if GPRO believes that you have violated or acted inconsistently with the letter or spirit of the TOS. GPRO may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that GPRO may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that GPRO shall not be liable to you or any third-party for any termination of your access to the Service.
You agree to indemnify and hold us harmless and our respective subsidiaries, affiliates, directors, officers, agents, licensors, independent contractors, co-branders or other partners and employees from and against all liabilities, claims and expenses, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through this Service, your use of the Service, your violation of this Agreement or your violation of any rights of another.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED "AS IS." GPRO MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SERVICE, INCLUDING ANY PART THEREOF, OR ANY WEB SITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SERVICE. THE GPRO DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GPRO DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SERVICE, OR ANY PART THEREOF, (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE, (v) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA, AND (vi) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY GPRO OR ANY THIRD PARTY. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE SERVICE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. GPRO MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, THAT THE INFORMATION PROVIDED THROUGH THE SERVICE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION. ANY INFORMATION ON THIS SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES, INCLUDING, BUT NOT LIMITED TO, CHANGES TO PRICES, DISCOUNTS, AND HOURS OF OPERATION.
9. Limitation of Liability
IN NO EVENT WILL GPRO OR THEIR AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SERVICE, OR ON ANY WEBSITE LINKED TO THIS SERVICE, BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THIS SERVICE OR ANY SITE LINKED TO THIS SERVICE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE. IN NO EVENT SHALL GPRO OR THEIR AFFILIATES OR ANY THIRD PARTY BE LIABLE TO YOU OR ANY OTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES ARISING UNDER OR IN ANY WAY RELATED TO THE SERVICE, INCLUDING ANY PART THEREOF, OR ANY OTHER CONTENT, (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SERVICE) EVEN IF GPRO OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
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 SERVICE OF THESE TOS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
Notices intended for you will be made by announcement in the forum, or via the e-mail submitted to the service, or in the announcement section of the service. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.