What This Privacy Policy Covers:
This policy covers how Rally Partners, Inc. and Great Race Sports, Inc. treats personal information that Rally Partners/Great Race Sports collects and receives, including information related to your past use of Rally Partners/Great Race Sports products and services. Personal information is information about you that is personally identifiable like your name, address, email address, or phone number, and that is not otherwise publicly available. This policy does not apply to the practices of companies that Rally Partners/Great Race Sports does not own or control, or to people that Rally Partners/Great Race Sports does not employ or manage.
Information Collection and Use: Rally Partners/Great Race Sports collects personal information when you register with Rally Partners/Great Race Sports, when you use Rally Partners/Great Race Sports products or services, when you visit Rally Partners/Great Race Sports pages or the pages of certain Rally Partners/Great Race Sports partners, and when you enter promotions or sweepstakes. Rally Partners/Great Race Sports may combine information about you that we have with information we obtain from business partners or other companies. When you register we ask for information such as your name, email address, birth date, gender, zip code, occupation, industry, and personal interests.
Once you register with Rally Partners/Great Race Sports and sign in to our services, you are not anonymous to us. Rally Partners/Great Race Sports collects information about your transactions with us and with some of our business partners including information about your use of products and services that we offer. Rally Partners/Great Race Sports automatically receives and records information on our server logs from your browser, including your IP address, Rally Partners/Great Race Sports cookie information, and the page you request.
Rally Partners/Great Race Sports uses information for the following general purposes: to customize the advertising and content you see, fulfill your requests for products and services, improve our services, contact you, conduct research, and provide anonymous reporting for internal and external clients.
Information Sharing and Disclosure: Rally Partners/Great Race Sports does not rent, sell, or share personal information about you with other people or nonaffiliated companies except to provide products or services you’ve requested, when we have your permission, or under the following circumstances: We provide the information to trusted partners who work on behalf of or with Rally Partners/Great Race Sports under confidentiality agreements. These companies may use your personal information to help Rally Partners/Great Race Sports communicate with you about offers from Rally Partners/Great Race Sports and our marketing partners. However, these companies do not have any independent right to share this information. We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims; We believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Rally Partners/Great Race Sports’ terms of use, or as otherwise required by law. We transfer information about you if Great Race Sports, Inc. is acquired by or merged with another company. In this event, Rally Partners/Great Race Sports will notify you before information about you is transferred and becomes subject to a different privacy policy.
Rally Partners/Great Race Sports displays targeted advertisements. Rally Partners/Great Race Sports does not provide any personal information to the advertiser when you interact with or view a targeted ad. However, by interacting with or viewing an ad you are consenting to the possibility that the advertiser will make the assumption that you meet the targeting criteria used to display the ad. Rally Partners/Great Race Sports advertisers include financial service providers (such as banks, insurance agents, stock brokers and mortgage lenders) and non-financial companies (such as stores, airlines, and software companies). Rally Partners/Great Race Sports works with vendors, partners, advertisers, and other service providers in different industries and categories of business.
Cookies: Rally Partners/Great Race Sports may set and access Rally Partners/Great Race Sports cookies on your computer. Rally Partners/Great Race Sports lets other companies that show advertisements on some of our pages set and access their cookies on your computer. Other companies’ use of their cookies is subject to their own privacy policies, not this one. Advertisers or other companies do not have access to Rally Partners/Great Race Sports’ cookies. Rally Partners/Great Race Sports uses web beacons to access Rally Partners/Great Race Sports cookies inside and outside our network of web sites and in connection with Rally Partners/Great Race Sports products and services.
Your Ability to Edit and Delete Your Account Information and Preferences: We reserve the right to send you certain communications relating to the Rally Partners/Great Race Sports service, such as service announcements, administrative messages and the Rally Partners/Great Race Sports Newsletter, that are considered part of your Rally Partners/Great Race Sports account, without offering you the opportunity to opt-out of receiving them. You can delete your Rally Partners/Great Race Sports account by contacting us.
Confidentiality and Security: We limit access to personal information about you to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs. We have physical, electronic, and procedural safeguards that comply with federal regulations to protect personal information about you.
Changes to this Privacy Policy: Rally Partners/Great Race Sports may update this policy. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your Great Race Sports, Inc. account or by placing a prominent notice on our site. Questions and Suggestions If you have questions or suggestions, please send your questions to info@greatrace.com or you may contact us at:
Great Race Sports, Inc./Rally Partners, Inc.
Customer Care - Privacy Policy Issues
1740 W. Katella Ave., Suite W
Orange, CA 92867-3434
(714) 338-8880
Effective Date: June 14, 2006
Terms & Conditions
GREATRACE.COM
Service Agreement
1. Definitions.
“GREATRACE.COM” is the organizing entity of GREAT RACE World 35,000km, New York to Paris on behalf of Rally Partners, Inc. Rally Partners, Inc. is the organizing entity of GREAT AMERICAN RACE 2007, GREAT RACE 2008, and GREAT RACE 2009. WWW.GREATRACE.COM is the interactive on-line service operated on the World Wide Web of the Internet, consisting of information services and content provided by RALLY PARTNERS, INC. and GREATRACE.COM, affiliates of RALLY PARTNERS, INC, and GREATRACE.COM and other third parties. “Subscriber” means each person who establishes or accesses a connection (”Account”) for access to and use of GREATRACE.COM.
2. General.
(A) This Agreement, which incorporates by reference other provisions applicable to use of GREATRACE.COM, including governing the use of certain specific material contained in GREATRACE.COM, sets forth the terms and conditions that apply to use of GREATRACE.COM by Subscriber. By using GREATRACE.COM (other than to read this Agreement for the first time), Subscriber agrees to comply with all of the terms and conditions hereof. The right to use GREATRACE.COM is personal to Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber’s Account (under any screen name or password) and for ensuring that all use of Subscriber’s Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber’s password(s), if any.
(B) Rally Partners, Inc. and Great Race Sports, Inc. shall have the right at any time to change or discontinue any aspect or feature of GREATRACE.COM, including, but not limited to, content, hours of availability, and equipment needed for access or use.
3. Changed Terms.
Rally Partners, Inc. and Great Race Sports, Inc. shall have the right at any time to change or modify the terms and conditions applicable to Subscriber’s use of GREATRACE.COM, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on GREATRACE.COM, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of GREATRACE.COM by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.
4. Equipment.
Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of GREATRACE.COM and all charges related thereto.
5. Subscriber Conduct.
(A) Subscriber shall use GREATRACE.COM for lawful purposes only. Subscriber shall not post or transmit through GREATRACE.COM any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Rally Partners, Inc.’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber that in Rally Partners, Inc.’s discretion restricts or inhibits any other Subscriber from using or enjoying GREATRACE.COM will not be permitted. Subscriber shall not use GREATRACE.COM to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with GREATRACE.COM.
(B) GREATRACE.COM contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of GREATRACE.COM are copyrighted as a collective work under the United States copyright laws. Rally Partners, Inc. and Great Race Sports, Inc. own a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Subscriber may download copyrighted material for Subscriber’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Rally Partners, Inc. and Great Race Sports, Inc. and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
(C) Subscriber shall not upload, post or otherwise make available on GREATRACE.COM any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of GREATRACE.COM, Subscriber automatically grants, or warrants that the owner of such material has expressly granted Rally Partners, Inc. and Great Race Sports, Inc. the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Subscriber also permits any other Subscriber to access, view, store or reproduce the material for that Subscriber’s personal use. Subscriber hereby grants Rally Partners, Inc. and Great Race Sports, Inc. the right to edit, copy, publish and distribute any material made available on GREATRACE.COM by Subscriber.
(D) The foregoing provisions of Section 5 are for the benefit of Rally Partners, Inc., Great Race Sports, Inc. and each of their respective subsidiaries, parent companies, affiliates and third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Disclaimer of Warranty; Limitation of Liability.
(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF GREATRACE.COM IS AT SUBSCRIBER’S SOLE RISK. NEITHER RALLY PARTNERS, INC., GREAT RACE SPORTS, INC., THEIR AFFILIATES OR PARENT COMPANIES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT GREATRACE.COM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF GREATRACE.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH GREATRACE.COM.
(B) GREATRACE.COM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT NEITHER RALLY PARTNERS, INC., NOR GREAT RACE SPORTS, INC., ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.
(D) IN NO EVENT WILL RALLY PARTNERS, INC., GREAT RACE SPORTS, INC., OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING GREATRACE.COM OR THE GREATRACE.COM SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE GREATRACE.COM. SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON GREATRACE.COM.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER RALLY PARTNERS, INC., GREAT RACE SPORTS, INC., NOR THEIR AFFILIATES, PARENT COMPANIES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN GREATRACE.COM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER RALLY PARTNERS, INC., GREAT RACE SPORTS, INC., NOR THEIR AFFILIATES, PARENT COMPANIES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
7. Monitoring.
Rally Partners, Inc. and Great Race Sports, Inc. shall have the right, but not the obligation, to monitor the content of GREATRACE.COM, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by Rally Partners, Inc. and Great Race Sports, Inc. and to satisfy any law, regulation or authorized government request. Rally Partners, Inc. and Great Race Sports, Inc. shall have the right in their sole discretion to edit, refuse to post or remove any material submitted to or posted on GREATRACE.COM. Without limiting the foregoing, Rally Partners, Inc. and Great Race Sports, Inc. shall have the right to remove any material that Rally Partners, Inc. and Great Race Sports, Inc., in their sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
8. Indemnification.
Subscriber agrees to defend, indemnify and hold harmless RALLY PARTNERS, INC., GREAT RACE SPORTS, INC., their respective affiliates and parent companies and each if their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of GREATRACE.COM by Subscriber or Subscriber’s Account.
9. Termination.
Either RALLY PARTNERS, INC., GREAT RACE SPORTS, INC. or Subscriber may terminate this Agreement at any time. Without limiting the foregoing, RALLY PARTNERS, INC. and GREAT RACE SPORTS, INC. , shall have the right to immediately terminate Subscriber’s Account in the event of any conduct by Subscriber which RALLY PARTNERS, INC. and GREAT RACE SPORTS, INC.,, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section 9 shall survive termination of this Agreement.
10. Trademarks.
GREAT RACE, GREATRACE.COM, GREAT AMERICAN RACE 2007, GREAT RACE 2008, GREAT RACE 2009, GREAT RACE NORTH AMERICA, GREAT RACE CHINA, GREAT RACE EUROPE and THE GREAT RACE 2008: NEW YORK TO PARIS, and each of their logos are trademarks of GREAT RACE SPORTS, INC., AND RALLY PARTNERS, INC. All rights reserved. All other trademarks appearing on GREATRACE.COM are the property of their respective owners.
11. Third Party Content.
RALLY PARTNERS, INC., and GREAT RACE SPORTS, INC. are publishers of certain portions of content while also distributors (and not a publisher) of content supplied by third parties and Subscribers. Accordingly, RALLY PARTNERS, INC., and GREAT RACE SPORTS, INC. only has editorial control over such content that it authors. RALLY PARTNERS, INC., and GREAT RACE SPORTS, INC. has no control over content supplied by third parties and Subscribers than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user of GREATRACE.COM, are those of the respective author(s) or distributor(s) and not of RALLY PARTNERS, INC., and GREAT RACE SPORTS, INC.. Neither RALLY PARTNERS, INC., and GREAT RACE SPORTS, INC. nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through GREATRACE.COM represents the opinions and judgments of the respective information provider, Subscriber, or other user not under contract with RALLY PARTNERS, INC., and GREAT RACE SPORTS, INC. RALLY PARTNERS, INC., and GREAT RACE SPORTS, INC. neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on GREATRACE.COM by anyone other than authorized RALLY PARTNERS, INC., and GREAT RACE SPORTS, INC. employee spokespersons while acting in their official capacities. Under no circumstances will RALLY PARTNERS, INC., and GREAT RACE SPORTS, INC. be liable for any loss or damage caused by a Subscriber’s reliance on information obtained through GREATRACE.COM. It is the responsibility of Subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through GREATRACE.COM. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
12. Miscellaneous.
This Agreement and any operating rules for GREATRACE.COM established by Rally Partners, Inc. and Great Race Sports, Inc. constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
13. Copyrights and Copyright Agent.
Rally Partners, Inc. and Great Race Sports, Inc. respect the rights of all copyright holders and in this regard, Rally Partners, Inc. and Great Race Sports, Inc. have adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us and provide the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. ¤ 512: 1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury,
that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For copyright inquiries under the Digital Millennium Copyright Act please contact:
Rally Partners, Inc.
1740 West Katella Ave., Suite W
Orange, CA 92867-3434
Phone: (714) 338-8880
Email: info@greatrace.com
For web posting, reprint, transcript or licensing requests for Rally Partners, Inc. and Great Race Sports, Inc. material, please contact us. For any questions or requests other than copyright issues or licensing requests, please contact info@greatrace.com