2. Member Account, Password and Security
2. Member Account, Password and Security You will receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify RACINGBOSS of any unauthorised use of your password or account and any other breach of security, and (b) ensure that you exit from your account at the end of each session. RACINGBOSS cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.
3. Member conduct
You acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages and other materials
("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content
originated. This means that you, and not RACINGBOSS are entirely responsible for all Content that you upload, post, email or
otherwise transmit via the Service. RACINGBOSS does not control the Content posted via the Service and, as such, does not guarantee
the accuracy, integrity or quality of such Content. You acknowledge that by using the Service, you may be exposed to
Content that is offensive, indecent or objectionable. Under no circumstances will RACINGBOSS be liable in any way for any Content,
including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a
result of the use of any Content posted, emailed or otherwise transmitted via the Service.
You agree to not use the Service to:
- upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a RACINGBOSS official, moderator, GameMaster, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
- upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation except when otherwise stated;
- upload, post, email or otherwise transmit any material that
contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the
functionality of any computer software or hardware or telecommunications equipment;
disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- 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.
You acknowledge that RACINGBOSS does not pre-screen Content, but that RACINGBOSS and its designees shall have the right (but not the
obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing,
RACINGBOSS and its designees shall have the right to 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 RACINGBOSS
or submitted to RACINGBOSS.
You acknowledge and agree that RACINGBOSS 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 RACINGBOSS 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; or
(f) protect the rights, property, or personal safety of RACINGBOSS 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. RACINGBOSS 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 resale ofservice
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
5. Modifications to Service
RACINGBOSS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that RACINGBOSS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that RACINGBOSS 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 RACINGBOSS believes that you have violated or acted inconsistently with the letter or spirit of the TOS. RACINGBOSS 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 RACINGBOSS 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 RACINGBOSS shall not be liable to you or any third-party for any termination of your access to the Service.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RACINGBOSS EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND OTHER TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED TERM OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY TERM AS TO THE PROVISION OF SERVICES TO A STANDARD OF REASONABLE CARE AND SKILL OR AS TO NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT.
RACINGBOSS MAKES NO WARRANTY OR REPRESENTATION THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE
OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RACINGBOSS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY OR OTHER OBLIGATION NOT EXPRESSLY STATED IN THE TOS.
8. Limitation of Liability
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT RACINGBOSS SHALL NOT BE LIABLE FOR ANY DIRECT, 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 RACINGBOSS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE
INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE
SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
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 to you may be made via either email or regular mail. 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.
Designated trademarks and brands (further "Trademarks") are the property of their respective owners. RACINGBOSS is not sponsored or affiliated in any way with owners of these Trademarks. Trademarks are being used for illustrative purposes only. Products such as, but not limited to engines, tyres, gearboxes associated with these Trademarks and their characteristics do not represent factual attributes, features and qualities of real life entities. Any conjunction is accidental.