| Terms and Conditions |
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AGREEMENT BETWEEN USER AND DIXIE DIRT PRODUCTIONS (CARLSON RACE PHOTOS, INC.) The Dixie Dirt Web Site (http://www.dixiedirttv.com) is comprised of various Web pages owned and operated by Carlson Race Photos, Inc. The Dixie Dirt Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Dixie Dirt Web Site constitutes your agreement to all such terms, conditions, and notices. MODIFICATION OF THESE TERMS OF USE Dixie Dirt reserves the right to change the terms, conditions, and notices under which the Dixie Dirt Web Site is offered, including but not limited to the charges associated with membership to the use of the Dixie Dirt Web Site. STANDARD USE Dixie Dirt reserves the right to deny, remove and suspend users if you exceed the standards below. WE DO NOT TOLERATE HARASSMENT We welcome people of all ages, races, religions, genders, national origins, sexual orientations and points of view. We do not tolerate expressions of bigotry, hatred, harassment or abuse, nor will we tolerate threats of harm or stalking to anyone. Because we encourage discussion and exchange of opinions and thoughts, we do not allow threatening, inflammatory, abusive, tasteless or indecorous statements. For the same reason, we do not allow sexually explicit material in conversations, forum topics, usernames or avatars. We encourage chat room participants not to give personal identifying information or passwords to anyone in the chat rooms. Users should be aware that, when they discolose personal identifying information such as their actual address, full name, etc., in a chat room, the infroamtion may be collected and used by others to send that person unsolicited e-mail from other parties. Stalking of others, in our chat rooms or in another manner, is a serious offense. In many areas, such behavior is considered to be a criminal act. We reserve the right to release information to the proper authorities, because of a violation of our standards, because of unlawful acts, or if the information is subpoenaed, and if we deem it necessary and/or appropriate. LINKS TO THIRD PARTY SITES The Dixie Dirt Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Dixie Dirt or Carlson Race Photos, Inc and Dixie Dirt nor Carlson Race Photos, Inc are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Dixie Dirt is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Dixie Dirt of the site or any association with its operators. NO UNLAWFUL OR PROHIBITED USE As a condition of your use of the Dixie Dirt Web Site, you warrant to Dixie Dirt that you will not use the Dixie Dirt Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Dixie Dirt Web Site in any manner which could damage, disable, overburden, or impair the Dixie Dirt Web Site or interfere with any other party's use and enjoyment of the Dixie Dirt Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Dixie Dirt Web Sites. USE OF COMMUNICATION SERVICES The Dixie Dirt Web Site may contain chat areas, blogs, forums, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: 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, infringing, obscene, indecent or unlawful topic, name, material or information. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages. Conduct or forward surveys, contests, pyramid schemes or chain letters. Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner. Falsify or delete any 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, without their consent. Violate any applicable laws or regulations. Dixie Dirt has no obligation to monitor the Communication Services. However, Dixie Dirt reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Dixie Dirt reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Dixie Dirt reserves the right at all times to disclose any information as 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 Dixie Dirt's sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Dixie Dirt does not control or endorse the content, messages or information found in any Communication Service and, therefore, Dixie Dirt specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download or record the materials. WHAT WE GUARANTEE AT Dixie Dirt Dixie Dirt only guarantees services stated in the membership descriptions. Online web casting can be an imperfect environment due to the varied nature of PC operating systems and the Internet itself. With this being known, Dixie Dirt cannot guarantee 100% uptime and connectivity for all customers. Customers may experience high latency and buffering at any given time. This can be caused by factors that are irreversible by Dixie Dirt. Dixie Dirt is not responsible for problems being caused by the customer's Internet Service Provider (ISP) or the route it takes to communicate with our service. It is Dixie Dirt's concern to offer the best quality connections possible to everyone, however it cannot be guaranteed. MATERIALS PROVIDED TO Dixie Dirt OR POSTED ON Dixie Dirt Dixie Dirt does not claim ownership of the materials you provide to Dixie Dirt (including feedback and suggestions) or post, upload, input or submit to any Dixie Dirt's Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Dixie Dirt, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. Dixie Dirt is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Dixie Dirt's sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. You may only use Dixie Dirt and any materials found on the site (including, but not limited to; any images, logos, designs, insignia, marks, pictures, sounds, text, messages, tools, software, technology, products, files, information, data, demos, promotional materials, audiovisual, and multimedia works and any other items or expressions) in accordance with these terms and conditions, and you agree to comply with said conditions at all times. DIXIE DIRT BEHAVIOR POLICY Dixie Dirt takes very seriously reports of inappropriate behavior and use of language in our chat and forums. Our goal is to provide a friendly and fun environment for all of our members. In order to keep our service as high quality as possible, we have established the following rules that apply to every Dixie Dirt member. Please familiarize yourself with these rules to follow. Reporting violations To report a violation on any of these rules, send an e-mail to This e-mail address is being protected from spam bots, you need JavaScript enabled to view it Include a detailed description of your account of what happened and have a text copy of the offense available if possible. Decisions and Rulings All decisions regarding said policy infractions are made by Dixie Dirt and Carlson Race Photos, Inc. personnel are final. The procedures associated with the violations are described below. Harassment in any form will not be permitted on Dixie Dirt Policy Violations 1st offense Warning E-mail 2nd offense Account suspension for 30 days/IP Banned 3rd Offense Expulsion from Dixie Dirt/IP Banned Permanently Any remaining time left on an offender's subscription will be lost and the offender will not be eligible for a refund if it applies. LIABILITY DISCLAIMER THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE DIXIE DIRT WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DIXIE DIRT OR CARLSON RACE PHOTOS, INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE DIXIE DIRT WEB SITE AT ANY TIME. DIXIE DIRT AND CARLSON RACE PHOTOS, INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE DIXIE DIRT WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. DIXIE DIRT AND CARLSON RACE PHOTOS, INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DIXIE DIRT OR CARLSON RACE PHOTOS, INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE DIXIE DIRT WEB SITE, WITH THE DELAY OR INABILITY TO USE THE DIXIE DIRT WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE DIXIE DIRT WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE DIXIE DIRT WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DIXIE DIRT OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE DIXIE DIRT WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE DIXIE DIRT WEB SITE. SERVICE CONTACT : This e-mail address is being protected from spam bots, you need JavaScript enabled to view it TERMINATION/ACCESS RESTRICTION Dixie Dirt and Carlson Race Photos, Inc. reserves the right, in its sole discretion, to terminate your access to the Dixie Dirt Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of South Carolina, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Beaufort County, South Carolina, U.S.A. in all disputes arising out of or relating to the use of the Dixie Dirt Web Site. Use of the Dixie Dirt Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Dixie Dirt as a result of this agreement or use of the Dixie Dirt Web Site. Dixie Dirt's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Dixie Dirt's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Dixie Dirt Web Site or information provided to or gathered by Dixie Dirt with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Dixie Dirt with respect to the Dixie Dirt Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Dixie Dirt with respect to the Dixie Dirt Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English. COPYRIGHT AND TRADEMARK NOTICES: All contents of the Dixie Dirt Web Site are: Copyright © 2007 DIXIE DIRT and CARLSON RACE PHOTOS, INC. and/or its racing series and divisions. All rights reserved. TRADEMARKS The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved. 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 under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement. |
