ACCEPTANCE OF TERMS.
The services that Contemporary Systems provides to you are subject to the
following Terms of Use ("TOU"). Contemporary Systems reserves the right to
update the TOU at any time without notice to you.
DESCRIPTION OF SERVICES.
Through its network of Web properties, Contemporary Systems provides you
with access to a variety of resources, including developer tools, download
areas, communication forums and product information (collectively
"Services"). The Services, including any updates, enhancements, new
features, and/or the addition of any new Web properties, are subject to the
TOU.
PERSONAL AND NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified, the Services are for your personal and
non-commercial use. You may not modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, create derivative works from,
transfer, or sell any information, software, products or services obtained
from the Services.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION.
See the
Privacy Statement
disclosures relating to the collection and use of your information.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE.
Any software that is made available to download from the Services
("Software") is the copyrighted work of Contemporary Systems and/or its
suppliers. Use of the Software is governed by the terms of the end user
license agreement, if any, which accompanies or is included with the
Software ("License Agreement"). An end user will be unable to install any
Software that is accompanied by or includes a License Agreement, unless he
or she first agrees to the License Agreement terms.
The Software is made available for download solely for use by
end users according to the License Agreement. Any reproduction or
redistribution of the Software not in accordance with the License Agreement
is expressly prohibited by law, and may result in severe civil and criminal
penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF
THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING
SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE
TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE
AGREEMENT, CONTEMPORARY SYSTEMS CORPORATION HEREBY DISCLAIMS ALL WARRANTIES
AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, CONTEMPORARY SYSTEMS MAY MAKE AVAILABLE
AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR
USE AND/OR DOWNLOAD. CONTEMPORARY SYSTEMS DOES NOT MAKE ANY ASSURANCES WITH
REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE
OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY
RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE
SERVICES OR IN CONTEMPORARY SYSTEMS SOFTWARE PRODUCTS.
RESTRICTED RIGHTS LEGEND. Any Software which is downloaded
from the Services for or on behalf of the United States of America, its
agencies and/or instrumentalities ("U.S. Government"), is provided with
Restricted Rights. Use, duplication, or disclosure by the U.S. Government is
subject to restrictions as set forth in subparagraph (c)(1)(ii) of the
Rights in Technical Data and Computer Software clause at DFARS 252.227-7013
or subparagraphs (c)(1) and (2) of the Commercial Computer Software -
Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is
Contemporary Systems Corporation, One Contemporary Systems Way, Redmond, WA
98052-6399.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE.
Permission to use Documents (such as white papers, press releases,
datasheets and FAQs) from the Services is granted, provided that (1) the
below copyright notice appears in all copies and that both the copyright
notice and this permission notice appear, (2) use of such Documents from the
Services is for informational and non-commercial or personal use only and
will not be copied or posted on any network computer or broadcast in any
media, and (3) no modifications of any Documents are made. Accredited
educational institutions, such as K-12, universities, private/public
colleges, and state community colleges, may download and reproduce the
Documents for distribution in the classroom. Distribution outside the
classroom requires express written permission. Use for any other purpose is
expressly prohibited by law, and may result in severe civil and criminal
penalties. Violators will be prosecuted to the maximum extent possible.
Documents specified above do not include the design or layout
of the
www.racing.net Web site or any other Contemporary Systems owned,
operated, licensed or controlled site. Elements of Contemporary Systems Web
sites are protected by trade dress, trademark, unfair competition, and other
laws and may not be copied or imitated in whole or in part. No logo,
graphic, sound or image from any Contemporary Systems Web site may be copied
or retransmitted unless expressly permitted by Contemporary Systems.
CONTEMPORARY SYSTEMS AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE
DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY
PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND. CONTEMPORARY SYSTEMS AND/OR ITS RESPECTIVE
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL CONTEMPORARY SYSTEMS AND/OR
ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE,
DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER
TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE
OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES
COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION HEREIN. CONTEMPORARY SYSTEMS AND/OR
ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE
PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE
ON THIS WEB SITE.
IN NO EVENT SHALL CONTEMPORARY SYSTEMS AND/OR ITS RESPECTIVE SUPPLIERS BE
LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION
OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN
CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF
OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
MEMBER ACCOUNT, PASSWORD, AND SECURITY.
If any of the Services requires you to open an account, you must complete
the registration process by providing us with current, complete and accurate
information as prompted by the applicable registration form. You also will
choose a password and a user name. You are entirely responsible for
maintaining the confidentiality of your password and account. Furthermore,
you are entirely responsible for any and all activities that occur under
your account. You agree to notify Contemporary Systems immediately of any
unauthorized use of your account or any other breach of security.
Contemporary Systems will not be liable for any loss that you may incur as a
result of someone else using your password or account, either with or
without your knowledge. However, you could be held liable for losses
incurred by Contemporary Systems or another party due to someone else using
your account or password. You may not use anyone else's account at any time,
without the permission of the account holder.
NO UNLAWFUL OR PROHIBITED USE.
As a condition of your use of the Services, you will not use the Services
for any purpose that is unlawful or prohibited by these terms, conditions,
and notices. You may not use the Services in any manner that could damage,
disable, overburden, or impair any Contemporary Systems server, or the
network(s) connected to any Contemporary Systems server, or interfere with
any other party's use and enjoyment of any Services. You may not attempt to
gain unauthorized access to any Services, other accounts, computer systems
or networks connected to any Contemporary Systems server or to any of the
Services, through hacking, password mining or any other means. You may not
obtain or attempt to obtain any materials or information through any means
not intentionally made available through the Services.
USE OF SERVICES.
The Services may contain e-mail services, bulletin board services, chat
areas, news groups, forums, communities, personal web pages, calendars,
photo albums, file cabinets and/or other message or communication facilities
designed to enable you to communicate with others (each a "Communication
Service" and collectively "Communication Services"). You agree to use the
Communication Services only to post, send and receive messages and material
that are proper and, when applicable, related to the particular
Communication Service. By way of example, and not as a limitation, you agree
that when using the Communication Services, you will not:
-
Use the Communication
Services in connection with surveys, contests, pyramid schemes, chain
letters, junk email, spamming or any duplicative or unsolicited messages
(commercial or otherwise).
-
Defame, abuse, harass,
stalk, threaten or otherwise violate the legal rights (such as rights of
privacy and publicity) of others.
-
Publish, post, upload,
distribute or disseminate any inappropriate, profane, defamatory, obscene,
indecent or unlawful topic, name, material or information.
-
Upload, or otherwise
make available, files that contain images, photographs, software or other
material protected by intellectual property laws, including, by way of
example, and not as limitation, copyright or trademark laws (or by rights
of privacy or publicity) unless you own or control the rights thereto or
have received all necessary consent to do the same.
-
Use any material or
information, including images or photographs, which are made available
through the Services in any manner that infringes any copyright,
trademark, patent, trade secret, or other proprietary right of any party.
-
Upload files that
contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted
files, or any other similar software or programs that may damage the
operation of another's computer or property of another.
-
Advertise or offer to
sell or buy any goods or services for any business purpose, unless such
Communication Services specifically allows such messages.
-
Download any file posted
by another user of a Communication Service that you know, or reasonably
should know, cannot be legally reproduced, displayed, performed, and/or
distributed in such manner.
-
Falsify or delete any
copyright management information, such as author attributions, legal or
other proper notices or proprietary designations or labels of the origin
or source of software or other material contained in a file that is
uploaded.
-
Restrict or inhibit any
other user from using and enjoying the Communication Services.
-
Violate any code of
conduct or other guidelines which may be applicable for any particular
Communication Service.
-
Harvest or otherwise
collect information about others, including e-mail addresses.
-
Violate any applicable
laws or regulations.
-
Create a false identity
for the purpose of misleading others.
-
Use, download or
otherwise copy, or provide (whether or not for a fee) to a person or
entity any directory of users of the Services or other user or usage
information or any portion thereof.
Contemporary Systems has no obligation to monitor the
Communication Services. However, Contemporary Systems reserves the right to
review materials posted to the Communication Services and to remove any
materials in its sole discretion. Contemporary Systems reserves the right to
terminate your access to any or all of the Communication Services at any
time, without notice, for any reason whatsoever.
Contemporary Systems reserves the right at all times to
disclose any information as Contemporary Systems deems necessary to satisfy
any applicable law, regulation, legal process or governmental request, or to
edit, refuse to post or to remove any information or materials, in whole or
in part, in Contemporary Systems's sole discretion.
Always use caution when giving out any personally
identifiable information about yourself or your children in any
Communication Services. Contemporary Systems does not control or endorse the
content, messages or information found in any Communication Services and,
therefore, Contemporary Systems specifically disclaims any liability with
regard to the Communication Services and any actions resulting from your
participation in any Communication Services. Managers and hosts are not
authorized Contemporary Systems spokespersons, and their views do not
necessarily reflect those of Contemporary Systems.
Materials uploaded to the Communication Services may be
subject to posted limitations on usage, reproduction and/or dissemination;
you are responsible for adhering to such limitations if you download the
materials.
MATERIALS PROVIDED TO CONTEMPORARY SYSTEMS OR POSTED AT ANY
CONTEMPORARY SYSTEMS WEB SITE.
Contemporary Systems does not claim ownership of the materials you provide
to Contemporary Systems (including feedback and suggestions) or post,
upload, input or submit to any Services or its associated services for
review by the general public, or by the members of any public or private
community, (each a "Submission" and collectively "Submissions"). However, by
posting, uploading, inputting, providing or submitting ("Posting") your
Submission you are granting Contemporary Systems, its affiliated companies
and necessary sublicensees permission to use your Submission in connection
with the operation of their Internet businesses (including, without
limitation, all Contemporary Systems Services), including, without
limitation, the license rights to: copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, translate and reformat your
Submission; to publish your name in connection with your Submission; and the
right to sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of your
Submission, as provided herein. Contemporary Systems is under no obligation
to post or use any Submission you may provide and Contemporary Systems may
remove any Submission at any time in its sole discretion.
By Posting a Submission you warrant and represent that you
own or otherwise control all of the rights to your Submission as described
in these Terms of Use including, without limitation, all the rights
necessary for you to provide, post, upload, input or submit the Submissions.
In addition to the warranty and representation set forth
above, by Posting a Submission that contain images, photographs, pictures or
that are otherwise graphical in whole or in part ("Images"), you warrant and
represent that (a) you are the copyright owner of such Images, or that the
copyright owner of such Images has granted you permission to use such Images
or any content and/or images contained in such Images consistent with the
manner and purpose of your use and as otherwise permitted by these Terms of
Use and the Services, (b) you have the rights necessary to grant the
licenses and sublicenses described in these Terms of Use, and (c) that each
person depicted in such Images, if any, has provided consent to the use of
the Images as set forth in these Terms of Use, including, by way of example,
and not as a limitation, the distribution, public display and reproduction
of such Images. By Posting Images, you are granting (a) to all members of
your private community (for each such Images available to members of such
private community), and/or (b) to the general public (for each such Images
available anywhere on the Services, other than a private community),
permission to use your Images in connection with the use, as permitted by
these Terms of Use, of any of the Services, (including, by way of example,
and not as a limitation, making prints and gift items which include such
Images), and including, without limitation, a non-exclusive, world-wide,
royalty-free license to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate and reformat your Images
without having your name attached to such Images, and the right to
sublicense such rights to any supplier of the Services. The licenses granted
in the preceding sentences for a Images will terminate at the time you
completely remove such Images from the Services, provided that, such
termination shall not affect any licenses granted in connection with such
Images prior to the time you completely remove such Images. No compensation
will be paid with respect to the use of your Images.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
INFRINGEMENT.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications
of claimed copyright infringement should be sent to Service Provider's
Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL
NOT RECEIVE A RESPONSE.
LINKS TO THIRD PARTY SITES.
THE LINKS IN THIS AREA WILL LET YOU LEAVE CONTEMPORARY SYSTEMS'S SITE. THE
LINKED SITES ARE NOT UNDER THE CONTROL OF CONTEMPORARY SYSTEMS AND
CONTEMPORARY SYSTEMS IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE
OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH
SITES. CONTEMPORARY SYSTEMS IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER
FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. CONTEMPORARY SYSTEMS IS
PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY
LINK DOES NOT IMPLY ENDORSEMENT BY CONTEMPORARY SYSTEMS OF THE SITE.
UNSOLICITED IDEA SUBMISSION POLICY.
CONTEMPORARY SYSTEMS OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER
UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW
PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING
PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE
ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS
TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN CONTEMPORARY SYSTEMS'S
PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO
CONTEMPORARY SYSTEMS. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO
CONTEMPORARY SYSTEMS OR ANYONE AT CONTEMPORARY SYSTEMS. IF, DESPITE OUR
REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM,
PLEASE UNDERSTAND THAT CONTEMPORARY SYSTEMS MAKES NO ASSURANCES THAT YOUR
IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
COPYRIGHT NOTICE.
Copyright © 2003 Contemporary Motorsports dba Contemporary Systems, Inc.,
3904 E Boston St, Seattle, WA 98112. All rights reserved.
TRADEMARKS.
The names of actual companies and products mentioned herein may be the
trademarks of their respective owners. The example companies, organizations,
products, domain names, email addresses, logos, people and events depicted
herein are fictitious. No association with any real company, organization,
product, domain name, e-mail address, logo, person, or event is intended or
should be inferred.
Any rights not expressly granted herein are reserved. For
more information, send mail to
info@contemporarysystems.com. |