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Terms of Service
Last Updated Saturday, August 8, 2009
- ACCEPTANCE OF TERMS
TexasDirtTrackers.com provides end users (the "User") access to multiple services and features on the website (the "Site"). By accessing and using the Site, the User agrees to these terms and are bound by these terms (the "Terms" or "Terms of Service" or "Terms of Use".
This Site is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, TexasDirtTracker.com's Privacy Policy) and procedures that may be published from time to time on this Site by TexasDirtTrackers.com (collectively, the "Agreement").
By accepting these Terms, the User agrees that that they are at least thirteen (13) years of age. Unauthorized underage Users will be have their boards and accounts terminated or suspended without notice upon discovery.
- REGISTRATION OBLIGATIONS
When registered at the Site, the User agrees to: (a) while registering, provide true, accurate, current, and complete information about yourself, mainly including e-mail address (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the Registration Data is ever untrue, inaccurate, not current, or incomplete, TexasDirtTrackers.com has full grounds to suspend or terminate their account.
- MEMBER ACCOUNT, PASSWORD, AND SECURITY
A password is required for the User Account (the "Account") upon completing the Site's registration process. Only the User who created the Account on the Site (the "Creator") is responsible for maintaining the confidentiality of the password and Account, and is fully responsible for all activities that occur under the said password or Account. The User agrees to (a) immediately notify the Site's administrators (the "Staff") of any unauthorized use of the Creator's password or Account or any other breach of security, and (b) ensure that the User exits from the "Account" at the end of each session. The Site is in no way responsible for any unauthorized use of the Account.
- FORBIDDEN CONTENT
The User understands that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (the "Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that the User is entirely responsible for all Content transmitted via the Site. The Staff does not control the Content transmitted via the Site and, as such, does not guarantee the accuracy, integrity or quality of such Content.
The User agrees to NOT use the Site to:
- upload, post, e-mail, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- impersonate any other User, unregistered visitors to the Site ("Guests") or the Staff of the Service in any way;
- manipulate others, including Guests, Users, the Staff via the Site;
- upload, post, email, transmit, link to, or otherwise make available any copyrighted Content without the creator/owner's consent
- upload, post, email, transmit, link to, or otherwise make available any unsolicited or unauthorized advertising;
- upload, post, email, transmit, link to, or otherwise make available any pornography, nudity, or other "adult" content;
- upload, post, email, transmit, link to, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- upload, post, email, transmit, link to, or otherwise make available any illegal copies of software ("Warez");
- "stalk" or otherwise harass another; or collect or store personal data about other users;
- CONTENT RESPONSIBILITY
The User understands that all Content, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that the User is entirely responsible for all Content transmitted via the Site. In NO WAY is the Staff or the Site responsible for the Content transmitted.
- TERMINATION OF ACCOUNTS AND SITE ACCESS
TexasDirtTrackers.com may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately.
When terminations are a result of Terms of Service violations, the termination of accounts is done on a case-by case basis and the specific member of the Staff of the Site determines the outcome of that particular Terms of Service violation. Each case is different, and each will be treated differently, at that Staff members's sole discretion.
The Creator of the said Account on the Service is not required to be notified at any time before termination of the Account. However, in most cases, the Creator will be notified of the violation in hopes that the Creator will fix this violation. If no compliance is made, the Account will most likely be terminated. As said earlier, termination is done on a case-by-case basis, and for more severe cases, notification of the Creator will most likely not happen, and an action will be taken immediately. Additionally, the reason why the said account was terminated is not required to be given to the Creator, as the Creator should be aware of the violations that are occurring at the said Account.
- MODIFICATION OF TERMS
The Site reserves the right to modify these terms in any way at any time, without notification to any Users or unregistered Users (the "Guests").
These Terms were last modified on Saturday, August 8, 2009. Any revisions to these Terms were not applicable before that date. However, any revisions to these terms affect all current Users, and all Users must comply to any revisions as soon as possible.
- VIOLATIONS
Please report any Terms of Service violations to a forum administrator or use the Site contact form.
- DISCLAIMER OF WARRANTIES
The Site is provided "as is". TexasDirtTrackers.com and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither TexasDirtTrackers.com nor its suppliers and licensors, makes any warranty that the Site will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Site at your own discretion and risk.
- LIMITATION OF LIABILITY
In no event will TexasDirtTrackers.com, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to TexasDirtTrackers.com under this agreement during the twelve (12) month period prior to the cause of action. TexasDirtTrackers.com shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- GENERAL REPRESENTATION AND WARRANTY
You represent and warrant that (i) your use of the Site will be in strict accordance with the TexasDirtTracker.com Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Site will not infringe or misappropriate the intellectual property rights of any third party.
- INDEMNIFICATION
You agree to indemnify and hold harmless TexasDirtTrackers.com, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Site, including but not limited to your violation of this Agreement.
- MISCELLANEOUS
This Agreement constitutes the entire agreement between TexasDirtTrackers.com and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of TexasDirtTrackers.com, or by the posting by TexasDirtTrackers.com of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Site will be governed by the laws of the state of Texas, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Kaufman County, Texas. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; TexasDirtTrackers.com may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
- INQUIRIES
If there are any inquiries about these Terms, please send your inquries to us using the Site contact form.
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