1. Definitions
"Kenton Gray Interactive Media Services." is
the interactive on-line service operated by Kenton Gray Racing. ("KGI ") on the World Wide Web of the Internet,
consisting of information services and content provided by KGI,
affiliates of KGI and other third parties. "Subscriber"
means each person who establishes or accesses a connection ("Account")
for access to and use of Kenton Gray Racing Network.
2. General
(A) This Agreement, which incorporates by reference other provisions
applicable to use of Kenton Gray Racing Network sets forth
the terms and conditions that apply to use of Kenton Gray Racing Network by Subscriber. By using Kenton Gray Racing
Network (other than to read this Agreement for the first time),
Subscriber agrees to comply with all of the terms and conditions
hereof. The right to use Kenton Gray Racing Network is personal
to Subscriber and is not transferable to any other person or entity.
Subscriber is responsible for all use of Subscriber's Account (under
any screen name or password) and for ensuring that all use of Subscriber's
Account complies fully with the provisions of this Agreement. Subscriber
shall be responsible for protecting the confidentiality of Subscriber's
password(s), if any.
(B) KGI shall have the right at any time to change or discontinue
any aspect or feature of the Kenton Gray Racing site, including,
but not limited to, content, hours of availability, and equipment
needed for access or use.
3. Changed Terms
KGI shall have the right at any time to change or modify the terms
and conditions applicable to Subscriber's use of the Kenton Gray Racing site, or any part thereof, or to impose new conditions, including,
but not limited to, adding fees and charges for use. Such changes,
modifications, additions or deletions shall be effective immediately
upon notice thereof, which may be given by means including, but
not limited to, posting on Kenton Gray Racing Network, or
by electronic or conventional mail, or by any other means by which
Subscriber obtains notice thereof. Any use of Kenton Gray Racing Network by Subscriber after such notice shall be deemed to
constitute acceptance by Subscriber of such changes, modifications
or additions.
4. Equipment
Subscriber shall be responsible for obtaining and maintaining all
telephone, computer hardware and other equipment needed for access
to and use of Kenton Gray Racing Network and all charges
related thereto.
5. Subscriber Conduct
(A) Subscriber shall use Kenton Gray Racing Network for
lawful purposes only. Subscriber shall not post or transmit through
Kenton Gray Racing Network any material which violates or
infringes in any way upon the rights of others, which is unlawful,
threatening, abusive, defamatory, invasive of privacy or publicity
rights, vulgar, obscene, profane or otherwise objectionable, which
encourages conduct that would constitute a criminal offense, give
rise to civil liability or otherwise violate any law, or which,
without KGI 's express prior approval, contains advertising or
any solicitation with respect to products or services. Any conduct
by a Subscriber that in KGI 's discretion restricts or inhibits
any other Subscriber from using or enjoying Kenton Gray Racing Network will not be permitted. Subscriber shall not use Kenton Gray Racing Network to advertise or perform any commercial
solicitation, including, but not limited to, the solicitation of
users to become subscribers of other on-line information services
competitive with Kenton Gray Racing Network.
(B) Kenton Gray Racing Network contains copyrighted material,
trademarks and other proprietary information, including, but not
limited to, text, software, photos, video, graphics, music and sound,
and the entire contents of Kenton Gray Racing Network are
copyrighted as a collective work under the United States copyright
laws. KGI owns a copyright in the selection, coordination, arrangement
and enhancement of such content, as well as in the content original
to it. Subscriber may not modify, publish, transmit, participate
in the transfer or sale, create derivative works, or in any way
exploit, any of the content, in whole or in part. Subscriber may
download copyrighted material for Subscriber's personal use only.
Except as otherwise expressly permitted under copyright law, no
copying, redistribution, retransmission, publication or commercial
exploitation of downloaded material will be permitted without the
express permission of KGI and the copyright owner. In the event
of any permitted copying, redistribution or publication of copyrighted
material, no changes in or deletion of author attribution, trademark
legend or copyright notice shall be made. Subscriber acknowledges
that it does not acquire any ownership rights by downloading copyrighted
material.
(C) Subscriber shall not upload, post or otherwise make available
on Kenton Gray Racing Network any material protected by copyright,
trademark or other proprietary right without the express permission
of the owner of the copyright, trademark or other proprietary right
and the burden of determining that any material is not protected
by copyright rests with Subscriber. Subscriber shall be solely liable
for any damage resulting from any infringement of copyrights, proprietary
rights, or any other harm resulting from such a submission. By submitting
material to any public area of Kenton Gray Racing Network,
Subscriber automatically grants, or warrants that the owner of such
material has expressly granted KGI the royalty-free, perpetual,
irrevocable, non-exclusive right and license to use, reproduce,
modify, adapt, publish, translate and distribute such material (in
whole or in part) worldwide and/or to incorporate it in other works
in any form, media or technology now known or hereafter developed
for the full term of any copyright that may exist in such material.
Subscriber also permits any other Subscriber to access, view, store
or reproduce the material for that Subscriber's personal use. Subscriber
hereby grants KGI the right to edit, copy, publish and distribute
any material made available on Kenton Gray Racing Network
by Subscriber.
(D) The foregoing provisions of Section 5 are for the benefit of
KGI, its subsidiaries, affiliates and its third party content providers
and licensors and each shall have the right to assert and enforce
such provisions directly or on its own behalf.
6. Disclaimer of Warranty; Limitation of Liability
(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF Kenton Gray Racing NETWORK IS AT SUBSCRIBER'S SOLE RISK. NEITHER KGI, ITS AFFILIATES
NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT
PROVIDERS OR LICENSORS WARRANT THAT Kenton Gray Racing NETWORK
WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY
AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF Kenton Gray Racing NETWORK, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF
ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH Kenton Gray Racing NETWORK.
(B) Kenton Gray Racing NETWORK IS PROVIDED ON AN "AS
IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF
EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE
TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY
CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED
ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF
CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE
OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT KGI IS NOT
LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER
SUBSCRIBERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE
FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.
(D) IN NO EVENT WILL KGI, OR ANY PERSON OR ENTITY INVOLVED IN
CREATING, PRODUCING OR DISTRIBUTING Kenton Gray Racing NETWORK
OR THE Kenton Gray Racing NETWORK SOFTWARE, BE LIABLE FOR
ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE
OF OR INABILITY TO USE Kenton Gray Racing NETWORK. SUBSCRIBER
HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY
TO ALL CONTENT ON Kenton Gray Racing NETWORK.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, KGI, NOR
ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL
BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES,
OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY
OF, THE INFORMATION CONTAINED WITHIN Kenton Gray Racing NETWORK,
OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO
THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED
THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY
CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST
PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. KGI, ITS AFFILIATES,
INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY
FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER,
KGI, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS
WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS
OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO
THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
7. Monitoring
KGI shall have the right, but not the obligation, to monitor the
content of Kenton Gray Racing Network, including chat rooms
and forums, to determine compliance with this Agreement and any
operating rules established by KGI and to satisfy any law, regulation
or authorized government request. KGI shall have the right in its
sole discretion to edit, refuse to post or remove any material submitted
to or posted on Kenton Gray Racing Network. Without limiting
the foregoing, KGI shall have the right to remove any material
that KGI, in its sole discretion, finds to be in violation of the
provisions hereof or otherwise objectionable.
8. Indemnification
Subscriber agrees to defend, indemnify and hold harmless KGI,
its affiliates and their respective directors, officers, employees
and agents from and against all claims and expenses, including attorneys'
fees, arising out of the use of Kenton Gray Racing Network
by Subscriber or Subscriber's Account.
9. Termination
Either KGI or Subscriber may terminate this Agreement at any time.
Without limiting the foregoing, KGI shall have the right to immediately
terminate Subscriber's Account in the event of any conduct by Subscriber
which KGI, in its sole discretion, considers to be unacceptable,
or in the event of any breach by Subscriber of this Agreement. The
provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section
9 shall survive termination of this Agreement.
10. Trademarks
Kenton Gray Racing Network and each of its logos are trademarks
of Kenton Gray Racing Networks, Inc. All rights reserved.
All other trademarks appearing on Kenton Gray Racing Network
are the property of their respective owners.
11. Third Party Content
KGI is a distributor (and not a publisher) of content supplied
by third parties and Subscribers. Accordingly, KGI has no more
editorial control over such content than does a public library,
bookstore, or newsstand. Any opinions, advice, statements, services,
offers, or other information or content expressed or made available
by third parties, including information providers, Subscribers or
any other user of Kenton Gray Racing Network, are those of
the respective author(s) or distributor(s) and not of KGI. Neither
KGI nor any third-party provider of information guarantees the
accuracy, completeness, or usefulness of any content, nor its merchantability
or fitness for any particular purpose. (Refer to Section 6 above
for the complete provisions governing limitation of liabilities
and disclaimers of warranty.)
In many instances, the content available through Kenton Gray Racing Network represents the opinions and judgments of the respective
information provider, Subscriber, or other user not under contract
with KGI. KGI neither endorses nor is responsible for the accuracy
or reliability of any opinion, advice or statement made on Kenton Gray Racing Network by anyone other than authorized KGI employee
spokespersons while acting in their official capacities. Under no
circumstances will KGI be liable for any loss or damage caused
by a Subscriber's reliance on information obtained through Kenton Gray Racing Network. It is the responsibility of Subscriber
to evaluate the accuracy, completeness or usefulness of any information,
opinion, advice or other content available through Kenton Gray Racing Network. Please seek the advice of professionals, as appropriate,
regarding the evaluation of any specific information, opinion, advice
or other content.
12. Miscellaneous
This Agreement and any operating rules for Kenton Gray Racing Network established by KGI constitute the entire agreement
of the parties with respect to the subject matter hereof, and supersede
all previous written or oral agreements between the parties with
respect to such subject matter. This Agreement shall be construed
in accordance with the laws of the State of Georgia, without regard
to its conflict of laws rules. No waiver by either party of any
breach or default hereunder shall be deemed to be a waiver of any
preceding or subsequent breach or default. The section headings
used herein are for convenience only and shall not be given any
legal import.
13. Copyrights and Copyright Agent
KGI respects the rights of all copyright holders and in this regard,
KGI has adopted and implemented a policy that provides for the
termination in appropriate circumstances of subscribers and account
holders who infringe the rights of copyright holders. If you believe
that your work has been copied in a way that constitutes copyright
infringement, please provide KGI 's Copyright Agent the following
information required by the Online Copyright Infringement Liability
Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C.?
512:
1. A physical or electronic signature of a person authorized to
act on behalf of the owner of an exclusive right that is allegedly
infringed;
2. Identification of the copyright work claimed to have been infringed,
or, if multiple copyrighted works at a single online site are covered
by a single notification, a representative list of such works at
that site;
3. Identification of the material that is claimed to be infringing
or to be the subject of infringing activity and that is to be removed
or access to which is to be disabled, and information reasonably
sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the
complaining party;
5. A statement that the complaining party has a good-faith belief
that use of the material in the manner complained of is not authorized
by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate,
and under penalty of perjury, that the complaining party is authorized
to act on behalf of the owner of an exclusive right that is allegedly
infringed.
Copyright © 2000-2004 CSCCI, All rights reserved. DIANETICS,
LRH, SCIENTOLOGY and LRH are trademarks and service marks owned
by the Religious Technology Center and are used with its permission.
Services relating to Scientology Religious Philosophy are delivered
throughout the world by licensees of the Church of Scientology with
permission of the Religious Technology Center.
KGI 's Copyright Agent for notice of claims of copyright infringement
on or regarding this site can be reached as follows:
For any questions or requests other than copyright issues, please
contact Kenton Gray Racing at:
Kenton Gray Racing Inc.
10776 Lower Azusa Rd.
El Monte, CA 91731
Attn: Copyright Agent
Phone: (626) 579-2345
Email copyright@fmgracing.com |
