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1.1. By accessing or using the website deathracetracking.com (the "Site"), you agree to be bound by these Terms of Service (the "Terms") and our Privacy Policy. If you disagree with any part of the terms, you must not use the Site.
1.2. The Site is owned and operated by Ian Peppiatt (Astro) and is sometime referred to as the legal entity Lethargic Imp ("we," "us," or "our").
1.3. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the "Last Updated" date of these Terms.
2.1. Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws.
2.2. The Content and the Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
3.1. Eligibility: By using the Site, you represent and warrant that you are at least 16 years of age, or a minor who has received parental permission to use the Site.
3.2. Prohibited Activities: You may not access or use the Site for any purpose other than that for which we make the Site available. The Site is for your personal use only and may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us. As a user of the Site, you agree not to:
3.2.1 Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
3.2.2 Engage in unauthorized framing of or linking to the Site.
3.2.3 Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email.
3.2.4 Attempt to circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
4.1. The Site may invite you to chat, contribute to or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions").
4.2. License Grant: By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions.
4.3. Content Standards: You agree that your Contributions will not violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary right. We reserve the right, but not the obligation, to edit, refuse to post, or remove any Contributions.
5.1. The Site may contain links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").
5.2. Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site.
6.1. The Site is provided on an AS-IS and AS-AVAILABLE basis. You agree that your use of the Site and our services will be at your sole risk.
6.2. Information Accuracy: The Site primarily provides the ability to tracking progress through film 'races' as well as informational content about film. While we strive for accuracy, we make no warranties or representations about the accuracy or completeness of the Site's content or the content of any websites linked to this Site.
6.3. We will not be liable 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, transmitted, or otherwise made available via the Site.
7.1. In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Site, even if we have been advised of the possibility of such damages.
7.2. Notwithstanding anything to the contrary contained herein, our 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 to us during the six (6) month period prior to any cause of action arising.
8.1. These Terms and your use of the Site are governed by and construed in accordance with the laws of England, without regard to its conflict of law principles.
8.2. Informal Negotiations: To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms, you and the Company agree to first attempt to negotiate any dispute informally for at least thirty (30) days before initiating arbitration or court proceedings.
9.1. In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: [email protected]