Terms of use

WEBSITE TERMS OF USE

WELCOME TO THE RACING PERFORMANCE MEDIA WEBSITE, OWNED AND OPERATED BY RACING PERFORMANCE MEDIA BRANDS, IN ASSOCIATION WITH A.E. BLAIR CO. THIS SITE IS A CHANNEL TO BRING RACING COVERAGE FROM ACROSS THE DIRT RACING SCENE.THE TERMS AND CONDITIONS EXPRESSED ON THIS PAGE GOVERN THE USE OF THIS WEBSITE. BY ACCESSING AND UTILIZING OUR WEBSITE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THIS WEBSITE.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE

These Terms of Use describe the terms and conditions under which you, the user, are granted the right to use the websites operated by Racing Performance Media Brands (“Racing Performance Media”), (“RPMB”), (“RPM”), (“RPMedia”), (“Racepermedia”) and certain of RPMB subsidiaries, including this website (the “Website” or “Websites”).

USER AGREEMENT

BY USING THIS WEBSITE YOU REPRESENT YOU ARE OF LEGAL AGE AND AGREE TO BE BOUND BY THESE TERMS OF USE, AND ANY SUBSEQUENT MODIFICATIONS, AND THE OTHER POLICIES POSTED ON THE WEBSITE. Your use of this Website is contingent on the foregoing agreement, and if you do not agree, you must cease using the Website. Your electronic acceptance of these Terms of Use and other posted policies through your use of this Website shall have the same force and effect as if you had actually signed an agreement embodying these terms. RPMB may change these Terms of Use at any time by posting changes on this page of the Website. It is your responsibility to review these Terms of Use prior to each use of the Website. By continuing to use the Website, you agree to any such changes.

WEBSITE AND CONTENT

Website Availability

We may change, suspend or discontinue availability of any aspect of the Website at any time. We may also impose limits, registration requirements or fees on certain features or services or restrict your access to parts or the entire Website without notice or liability.
In addition, the Website contains links to other Internet sites, resources, and sponsors or advertisers on the Website. We are not responsible for the availability of these outside resources, or their contents, and accordingly, you should direct any concerns regarding any link or other website to the site administrator or webmaster of such site.

TRADEMARKS, COPYRIGHTS AND RESTRICTIONS

Racingperformancemedia.com is controlled and operated by Racing Performance Media Brands. All content on this Web Site, including, but not limited to text, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by U.S. and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and are owned and controlled by Racing Performance Media Brands, or by third party content providers, merchants, sponsors and licensors (collectively “Providers”) that have licensed their content or the right to market their products and/or services to RPMB. Content on racingperformancemedia.com or any web site owned, operated, licensed or controlled by the Providers is solely for your personal, non-commercial use. You may print a copy of the content and/or information contained herein for your personal, non-commercial use only, but you may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the content or information in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of Racing Performance Media Brands or the Providers. As a condition to your use of this Web Site, you warrant to Racing Performance Media Brands that you will not use our Web Site for any purpose that is unlawful or prohibited by these Terms, including without limitation the posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material. If you violate any of these Terms, your permission to racingperformancemedia.com immediately terminates without the necessity of any notice. RPMB retains the right to deny access to anyone at its discretion for any reason, including for violation of these Terms.

THIRD PARTY CONTENT

These Terms are for the benefit of Racing Performance Media Brands and its Providers, its and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf.

Personal Non-Commercial Use

This Website is for your personal and noncommercial use only. This Website uses the Creative Commons licensing standards (www.creativecommons.org). By using this Website, you agree to be bound by the Creative Commons license associated with this Website. The terms of the license are available through a link located at the bottom of each page of the Website. You may download or copy the content on this Website for personal use, but only if you preserve and display all copyright and other notices relating to that content. Any other use of the content is prohibited without prior written permission from Racing Performance Media (see Contact Us at the end of these Terms of Use), or the copyright owner identified in the copyright notice in the content.

Links/Advertisements/Search Engines

The Website may link to other sites operated by third parties. The inclusion of any link to such sites does not imply endorsement or recommendation by the Website, or by RPMB or its affiliates of these sites, but is for your reference and convenience only. We are not responsible for the content or accuracy of any off-site pages or any other sites linked to the Website. Linking to any other off-site pages or other sites is at your own risk and subject to the terms and conditions of use of those sites.

The Website also contains advertisements by third parties. Unless otherwise specifically stated on the Website, we do not endorse or make any representation or recommendation regarding the quality, or accuracy of any products or services featured in, or linked to any advertisement that appears on the Website.

Unless otherwise prohibited under these Terms of Use, you are permitted to create hyperlinks to the content on the Website (including “deep linking” to articles or pages within site), provided that (1) the hyperlink text accurately describes the content as it appears on the Website, (2) no “scraping” of the content by any means (i.e., extracting content from the Website and reformatting it, aggregating it with other content or redistributing it other than in its complete originally displayed format), (3) under no circumstances may you “frame” the Website or any of its content or copy portions of the Website to a server, except as part of an Internet service provider’s incidental caching of pages and (4) each page within the Website must be displayed in full (including all trademarks, branding, advertising and promotional materials), unaltered without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the Website. We reserve the right at any time in our sole discretion to revoke this permission generally, or your right to use specific links. If you have any questions regarding these linking policies you may contact us, or if you wish to link in a manner not authorized in these Terms of Use, you must get our prior written permission (see Contact Us below).

Search engines and indexing agents are required to obey the Robots.txt file relating to the Website and its contents.

Commercial Transactions

Certain portions of the Website may act as a venue to allow anyone to offer, sell, and buy items from one other. However, the Website is not a store or “e-commerce” provider, and it is the SOLE RESPONSIBILITY of users to complete transactions. The Website has no control over the quality, safety or legality of the items advertised, the truth or accuracy of the posts, the ability of sellers to sell items or the ability of buyers to pay for items. We cannot ensure that a buyer or seller will actually complete a transaction, and we do not transfer legal ownership of items.

No Representations or Warranties

RPMB and its affiliates make no representations or warranties as to the validity, truthfulness, accuracy or legality of any content on the Website, including without limitation any content submitted by any user (see Legal Terms below).

USER CREATED CONTENT

Submissions

You must be at least 13 years old to contribute content to this Website.

By submitting any material (text, photos, videos or other content) to RPMB either through the Website or physical delivery, you agree to be bound by these Terms of Use, and to the terms of the Website’s Creative Commons license as to other users of the Website. The Creative Commons license terms are available through the link in the footer of the Website and may be updated at any time. It is your responsibility to review and understand these terms at the time of your submission. Under this Creative Commons license, you retain copyright ownership, but agree to free, non-commercial redistribution and use of your content by other users, and to the license to RPMB and its affiliates as described below.

Through your submission of any materials of any kind (whether text, photos, video or other content), you grant to RPMB and its affiliates the irrevocable, nonexclusive, worldwide, royalty-free, fully paid-up, transferable and sub licensable right and license to host, index, cache, tag, encode, use, copy, modify, adapt, transmit, excerpt, remove, publish, distribute, publicly display and perform, and create derivative works of, in each case in any media now or hereafter known and in any manner for any non-commercial or commercial purpose (collectively “Use”) the content submitted by you with no monetary compensation at any time. By making any submission, you waive any moral rights you may have if the materials are changed in a manner not agreeable to you. RPMB has no obligation to provide attribution for any content you post. If you do not agree to these terms, do not submit any content.
Nothing in these Terms of Use prohibits you from redistributing or selling your original content to other parties.

You are solely responsible for all content that you post, email or otherwise make available through the Website. For all content provided by you, you agree to indemnify RPMB and its affiliates as provided in Legal Terms below.

Content Submission Rules and Restrictions

By submitting any content, you represent and warrant that: (i) you either own the content or have all necessary rights to use and submit it; (ii) all information you provide is true, accurate and complete, and does not violate these Terms of Use or the terms of any third party license; and, (iii) the content will not cause injury, embarrassment or harm to any person or entity.

You agree to obtain written consent from any persons shown in any photo or video you post on the Website. You further agree to obtain all necessary consents from persons identified in or implicated by your submission. If a minor is identified in a photo or video you submit on the Website, you must obtain consent from the minor’s parent or legal guardian, as appropriate.

You agree not to submit any content in any interactive areas including forums, chat rooms, discussion boards, emails or otherwise that:

• is libelous, defamatory, obscene, pornographic, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair or otherwise illegal; contains photographs or illustrations in poor taste;
• is threatening, abusive or disruptive to other users (including without limitation repetitive, meaningless messages, personal attacks, content constituting spam, etc.)
• abuses or discriminates on the basis of race, religion, nationality, gender, sexual orientation, age, marital status, disability, etc. , or refers to such matters in any manner prohibited by law;
• infringes any party’s intellectual property rights, including without limitation copyrights and trademarks;
• impersonates another person or misquotes another person;
• violates or inappropriately encourages the violation of any municipal, state, federal or international law, rule, regulation or ordinance or violates any party’s rights; or
• offers, promotes or advertises any goods or services or solicits any funds or consideration, except in areas of the Website specifically designated for such purpose

  •  violates any right of the Website or any third party.

In addition, you agree not to contact any users of the Website (including through off-line communication) for the purpose of threatening, harassing or abusing them due to their content submissions on the Website.

You are solely responsible for the content you submit. RPMB does not and cannot review every submission made and is not responsible for the content of any submissions. However, content that is deemed inappropriate or in violation of these Terms of Use, in RPMB’s sole discretion, will be removed from public view. You may contact us if you disagree with any removal (see Contact Us below); however, all decisions regarding content and compliance with these Terms of Use will be determined by RPMB in its sole discretion. If you disagree with these conditions, do not submit any content.

Identity and Privacy

You must use a consistent handle or account name for any submissions you make, and you may not submit content under another person’s name. If you are an elected official, you must submit content identifying yourself as such when posting about a political issue. “Sock puppets” are not permitted (i.e., using a fake or alternate identity to post content for a deceptive purpose, such as without limitation, praising a person or company without disclosing an underlying affiliation with that person or company).

We reserve the right to include your real name on your internet postings if required through registration or otherwise provided to us, or when republishing your material in a printed edition of one of our publications.

RPMB does not warrant or claim to have verified the identity of any user. There may be users who participate under a false identity.

For information on our privacy policies regarding personal information gathered on the Website, please see our Privacy Policy link.

Real-world Meetings

The Website offers some social networking opportunities, including enabling users to create profiles that are designed to allow individuals to meet each other for any purpose. In addition, any posting to the Website will be publicly viewable, and your identity may be discovered by other users. We cannot vouch for the safety of offline meetings of individuals you meet through the Website, and such meetings are held at your sole risk and liability. Furthermore, you are advised to be careful not to accidentally divulge personally identifying information about yourself, including but not limited to your telephone number(s), street addresses, URLs or email addresses publicly on the Website. If you do provide this information on the Website or to a third party who you met through the Website, it is at your sole risk. In addition, if you choose to submit content to the Website in an area that requires that your real identity be disclosed, you do so at your sole risk and liability.

WEBSITE REGISTRATION

Registration

Some areas of the Website may require registration in order to gain access or submit content. You may not create more than one account unless expressly permitted in the registration rules. If you create multiple accounts, you are prohibited from creating the appearance that multiple accounts controlled by you are in fact all different individuals.

It is your responsibility to maintain the confidentiality of your password, if one is established. You are entirely responsible for any and all activities that occur on this Website under your account, and you agree to notify RPMB immediately of any known or suspected unauthorized use of your account, including loss, theft or unauthorized disclosure of your password.

Termination

You agree that at our sole discretion, and in our sole judgment, we or our agent may terminate your account at any time with or without cause.

Termination for cause may include, but is not limited to:

Violations of these Terms of Use
Violations of other posted rules of conduct
Violations of law or intellectual property rights
Harassment or belittling conduct toward individuals, companies or other third parties
An expression of your unwillingness to abide by these terms and conditions or other clearly posted site rules
Failure to abide by the instructions for guidelines of forum moderators, editors or other authorized members of the community to provide such moderation.
Failure to provide real, verifiable information about your true identity where requested or instructed

Termination of a user’s account may include any of the following actions:

A complete deletion (non recoverable) from all files, databases and any and all storage mechanism of the user’s files, uploads, content, and personally identifiable information. In such a case, neither RPMB nor its affiliates, partners or vendors have any obligation to retrieve or restore deleted data, or otherwise make good in any fashion the loss of such data.
User data, including without limitation submitted content, errant code or personal information, may also be hidden from public view, but not destroyed. In such a case, neither RPMB nor its affiliates, partners or vendors are under any obligation to retrieve or restore such data.

Users who are terminated are prohibited from creating new accounts without prior written consent of RPMB. Users who are terminated for cause may apply for a new account after more than 30 days has passed, and RPMB will determine in its sole discretion whether to reinstate. Users may also appeal account termination by writing to:

Webmaster/Online Participation
Racing Performance Media Brands
105 Oliver St.

North Pekin, IL 61554

When applying for a new account, or appealing a termination decision, please include print outs of all relevant data, e-mails, postings, including the domain name where the primary account was held and the date the account was terminated. Once your termination is under review, all subsequent communication will be through e-mail, so please be sure to include a current and working e-mail address with your letter. You acknowledge and agree that RPMB will make the final determination in its sole discretion as to any terminated account, or re-application for a new account after termination and that this represents your sole and exclusive remedy for any terminated account.

LEGAL TERMS

No Representations or Warranties as to Website

THE WEBSITE AND ALL CONTENT PROVIDED BY RPMB OR ITS AFFILIATES, OR ITS THIRD PARTY PROVIDERS IS DISTRIBUTED ON AN “AS IS” BASIS. RPMB AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES THAT OPERATION OF THE WEBSITE (OR SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE) WILL BE UNINTERRUPTED OR ERROR FREE AND DO NOT PROVIDE ANY WARRANTY AS TO THE USE, SUFFICIENCY OR ACCURACY OF ANY CONTENT. ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES AS TO PRODUCTS AND SERVICES PROVIDED BY RPMB AND ITS AFFILIATES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY RPMB, ITS AFFILIATES, ITS AGENTS OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE OR NON-INFRINGEMENT) ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL RPMB OR ITS AFFILIATES (OR THEIR DIRECTORS, EMPLOYEES OR AGENTS) BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR LOST PROFITS OR LOST DATA, WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING FROM YOUR USE OF THE WEBSITE, ANY APPLICATIONS AVAILABLE THROUGH THE WEBSITE, OR ANY OF THE WEBSITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE WEBSITE. IN ADDITION, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, RPMB AND ITS AFFILIATES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU FOR THE WEBSITE PRODUCT OR SERVICE ACCESSED BY YOU, BUT IN NO CASE WILL SUCH LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID BY YOU FOR THE WEBSITE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM RPMB OR ITS AFFILIATES, REGARDLESS OF THE CAUSE OF ACTION.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnity

You agree at your expense to indemnify and hold harmless, RPMB and its affiliates and each of their respective partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors and agents, from any and all claims, suits, actions and investigations, and any costs, expenses, liabilities or damages therefrom (including attorneys’ fees and court costs) arising from or relating to any allegation regarding: (a) your use of the Website; (b) the Website’s or RPMB or its affiliates’ use of any content or information you provide, as long as our use is not inconsistent with these Terms of Use; (c) information or material posted or transmitted through your registration account or user ID, even if not posted by you; and, (d) any violation of these Terms of Use by you (collectively “Claims”).

RPMB reserves the right to select counsel and conduct the defense or settlement of any such Claim, which shall not relieve you of your obligation to indemnify as provided above.

Governing Law and Jurisdiction

Unless otherwise specified, the content contained in this Web Site is presented solely for your convenience and/or information. This Web Site is controlled and operated by Racing Performance Media Brands . RPMB makes no representation that content in its Web Site is appropriate or available for use in other locations. Those who choose to access this Web Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export the materials in this Web Site in violation of U.S. export laws and regulations. These Terms shall be governed by, construed and enforced in accordance with the laws of the State of Illinois, as they are applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or RPMB brings to enforce these Terms, or in connection with any matters related to racingperformancemedia.com, shall be brought only in either the state or Federal courts located in Illinois and you expressly consent to the jurisdiction of said courts. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Severability; Waiver.

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Informational Purposes

The information on the Website is provided solely for informational purposes , and does not constitute professional advice. You should not rely on this Website except as an informational resource.

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY RACING PERFORMANCE MEDIA BRANDS.

CONTACT US

General Questions:
If you have any questions about these Terms of Use, please contact us in one of the following ways:
E-mail us at: racingperformancemedia@gmail.com and insert only the words “Re: Terms of Use” in the subject line header of the email.

Write to us at:


Webmaster
Racing Performance Media

105 Oliver St.

North Pekin, IL 61554

Call us at: (309) 397.5909

Revised August 2020.

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