1. Your Acceptance
- The DBC may contain links to third party websites that are not owned or controlled by DBC. DBC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, DBC will not and cannot censor or edit the content of any third-party site. By using the DBC, you expressly release DBC from any and all liability arising from your use of any third-party website.
3. DBC Accounts
- In order to access some features of the DBC, you will have to create a DBC member account. You may not use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify DBC immediately of any breach of security or unauthorized use of your account.
- Although DBC will not be liable for your losses caused by any unauthorized use of your account; you may be liable for the losses of DBC or others due to such unauthorized use.
4. Use of the DBC – Permissions and Restrictions
- You agree not to distribute in any medium any part of the DBC, including but not limited to User Submissions (defined below), without DBC ‘s prior written authorization.
- You agree not to alter or modify any part of the DBC, including but not limited to the technologies it utilizes.
- You agree not to access User Submissions (defined below) or DBC content through any technology or means other than the pages of the DBC itself or other explicitly authorized means DBC may designate.
- You agree not to use the DBC, including the DBC ‘s embeddable video player for any commercial use, without the prior written authorization of DBC . Prohibited commercial uses include any of the following actions taken without DBC ‘s express approval:
- sale of access to the DBC or its related services on another website;
- use of the DBC or its related services for the primary purpose of gaining advertising or subscription revenue;
- the sale of advertising, on the DBC or any third-party website, targeted to the content of specific User Submissions or DBC content;
- any use of the DBC or its related services that DBC finds, in its sole discretion, to use DBC ‘s resources or User Submissions with the effect of competing with or displacing the market for DBC , DBC content, or its User Submissions.
- Permitted commercial uses include uploading an original video to DBC , or maintaining an original channel on DBC , to promote your business or racing team, subject to the terms of the DBC Member Agreement, and any other use that DBC expressly authorizes in writing.
- You agree not to use or launch any automated system, including without limitation, “robots”, “spiders” or “offline readers”, to generate artificial views of Video Content, or to otherwise access the DBC in a manner that sends more request messages to the DBC servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, DBC grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. DBC reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the DBC, nor to use the communication systems provided by the DBC (e.g. discussion forums, comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the DBC with respect to their User Submissions.
- DBC reserves the right to discontinue any aspect of the DBC at any time.
5. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the DBC:
- The content on the DBC, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to DBC , subject to copyright and other intellectual property rights under the law. Content on the DBC is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. DBC reserves all rights not expressly granted in and to the DBC and its contents.
- You may access User Submissions solely for your information and personal use, or as otherwise intended through the normal functionality of the DBC.
- User comments are made available to you for your information and personal use solely as intended through the normal functionality of the DBC. User comments are made available “as is”, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the DBC or otherwise as prohibited under this Agreement.
- You may access DBC Content, User Submissions and other content only as permitted under this Agreement. DBC reserves all rights not expressly granted in and to the DBC Content and the DBC.
- You agree to not engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the DBC for any commercial purposes.
- You agree not to circumvent, disable or otherwise interfere with security-related features of the DBC or features that prevent or restrict use or copying of any Content or enforce limitations on use of the DBC or it’s Content.
- You understand that when using the DBC, you will be exposed to User Submissions from a variety of sources, and that DBC is not responsible for the accuracy, functionality, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against DBC with respect thereto, and agree to indemnify and hold DBC , its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the DBC.
6. Account Termination Policy
- DBC reserves the right to decide whether Content or a User Submission is appropriate for display on the DBC, and DBC may remove any User Submissions or Content at any time, without prior notice, in its sole discretion.
7. Digital Millennium Copyright Act
- If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing DBC’s copyright department with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted 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;
- 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 the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have 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
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Notifications of claimed infringement should be emailed to email@example.com. You acknowledge that if you fail to comply with all of the requirements of this Section 8(A), your DMCA notice may not be valid.
- Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Dayton, OH, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
- If a counter-notice is received by DBC copyright department, DBC may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at DBC ‘s sole discretion.
8. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE DBC SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, DBC , ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE DBC AND YOUR USE THEREOF. DBC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE DBC, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE DBC, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE DBC BY ANY THIRD PARTY, AND/OR (V) 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, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE DBC. DBC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE DBC OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND DBC WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
9. Limitation of Liability
IN NO EVENT SHALL DBC , ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE DBC, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE DBC, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE DBC BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE DBC, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT DBC SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The DBC is controlled and offered by DBC from its facilities in the United States of America. DBC makes no representations that the DBC is appropriate or available for use in other locations. Those who access or use the DBC from other jurisdictions do so at their own volition and are responsible for compliance with local law.
1. Personal Information Collected Via Our Services
Information You Provide. You may visit and enjoy many elements of our Services without disclosing any personal information about yourself. However, to make use of select, special or enhanced elements of the Services, you will need to share with us certain personal information so those elements may function properly. When you use certain enhanced elements within our Services (e.g., create a profile, register for a promotion, make a purchase, or publish a comment), the personal information we collect may include, but is not limited to:
- Full name,
- Email address,
- Street address,
- Telephone number(s),
- Birth date,
- Payment card information,
- Location data,
- Contacts (as stored in your wireless device), and
If we collect such information, in most instances, the applicable page(s) or location(s) within the Services will include statements regarding what information is required for the elements of the Services to function properly and functionality for you to submit the requested or required information. In addition to the list above, there may also be opportunities for you to grant permission for use of other of your information in a manner set forth on the applicable page(s) within the Services.
2. How We Use and Share Your Personal Information
- Use your information to provide services you’ve requested or provide you with offers, promotions (e.g., a sweepstakes, fantasy game, subscription to goods or services, etc.) or content or add you to our postal mail list;
- Use your information to send you electronic communications, including emails about the Website applicable to your interactions with our Website, and about products, services, sponsors, partners and affiliates when you make a purchase, agree to rules or terms, or otherwise engage with our Website, to the extent the sending of such electronic communication is permissible under applicable law;
- Share your information with certain third parties, including service providers, sponsors and promotional partners, so they may help us provide services, offers, promotions or content you’ve requested or otherwise in accordance with the applicable rules of a promotion or terms presented at the time you submit personal information, so the third party can administer the promotion, send you offers or content or add you to their postal mailing list;
- Use and share your information with one or more race series or related entities, to the extent that you’ve submitted information or accessed functionality or content that relates specifically to such race series or related entities (e.g., you’ve asked to receive the newsletter of a race series or you’ve purchased race series-specific merchandise), so they may learn more about fans like you, add you to the race series’ postal mail list and provide better services to you;
- Share your information upon notice posted on an applicable location of our Services where we collect your personal information for an economic transaction and notify you that we will be sharing such information with a third party;
- Use and share your information with our third-party survey partners to send you periodic surveys to help improve our Services or your Dragbike.com experience;
- Use and share your information in connection with online loyalty, membership or rewards programs operated from our Services or with a third party from which you may receive goods or services in connection with such a program; or
- Use and share your information with permission from you.
3. Additional Information About Collection of Location Data
Location Data We Collect. When you use our Service we may solicit your permission to collect your location data. Please be advised, for some features within our Applications to function we must confirm your current location and therefore some features will not be available if you choose not to provide your location data to us. The specificity of the location data collected may depend on a number of factors, including the device you are using (e.g. laptop, smartphone, tablet) and how you are connected to the Internet (e.g. via cable broadband connection, WiFi, etc.). If you enable location services for our Applications, we may collect location data (e.g. zip code) periodically as you use or leave open our Applications. We may also use this data internally or in conjunction with our third party service providers to customize your experience and provide offers that may be relevant to you. Depending on the platform you use to access our Applications (e.g., Apple iOS, Google Android, Windows, etc.) you may be able to control from within the settings on your wireless device or the Application(s) whether location data is collected.
4. Additional Information About Our Access to Your Contacts
Our Access to Your Contacts. When you use our Mobile Games, we may solicit your permission to access your contacts list (e.g., address book) so that we may match individuals from your contacts lists with those participating in our Mobile Games so you can invite your friends to play with and against you. We will not store the information in your contacts list.
5. Other Information Collected And Shared Within Our Services
- Our Cookies and Web Beacons
We use and permit automatic methods such as cookies (small amounts of data which include a unique string of characters sent to your browser or application from a website’s computers and stored on your computer’s or device’s hard drive), web beacons (technology used to track activity, also known as pixel tags) or similar technologies, alone or in combination with personally identifiable information you choose to provide us. Examples of the information we collect and analyze using such methods include, but is not limited to: personal information as authorized by you, the Internet protocol address used to connect your computer or device to the Internet; email address; login name and password; operating system type, version and computer or device platform; purchase history; the full Uniform Resource Locator clickstream to, on and from our Services, including date and time; and products you viewed or searched. We use software tools to measure and collect session information, including page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks and mouse-overs) and methods used to browse away from a page. We use and may allow certain third parties, such as those who provide services associated with our Services, to access these automatic data collection methods to enable you to use a “shopping cart” while using our Services, to store your preferences and to improve, deliver and customize our Services’ content and offerings.
- Third Party Cookies and Web Beacons; Network Advertisers
- Social Networking
- Device ID
When you use our Mobile Application, we or our third party service provider may collect your unique device ID and share it on an aggregated and anonymous basis to help us understand our users and provide you a better experience. The aggregated and anonymous data may also be used by our third party service provider in connection with its products and services.
6. Other Circumstances When Your Data May Be Shared
- Aggregated Demographic Information.
We may share aggregated demographic information with third parties. This information is not linked to personal information that can identify you or another individual person.
- Business Transfers.
As time passes, Dragbike.com may be sold along with its assets, or other corporate transactions may occur. In such a case, our customer information may be one of the business assets we transfer.
- Disclosure for Legal Purposes.
7. Managing Your Information
If you want to review or revise the personal information you provided during registration or in connection with a purchase or other activity while using our Services, or change the promotional email communications or newsletters you receive from us, you may log in, and then click on the applicable left-hand menu option. If you want to close your Website account and have us delete the personal information in it (except for information that we keep for record-keeping purposes), you e-mail Dragbike.com directly at firstname.lastname@example.org.
Remember that when you share information publicly online, it may be indexable by search engines or recorded by others, and any search engine index or record of your information may persist after you delete the information at the original source.
8. Other Information
- No Spyware or Adware.
We do not install any spyware or adware in connection with our Services, or distribute any commercial message, or authorize any third party to distribute any commercial message, by means of spyware or adware. “Spyware” or “adware” is any software which has been downloaded to or installed on an Internet user’s computer or device, without the user’s actual consent, and facilitates the distribution of any commercial message to the user. If you feel you may have spyware from another company installed on your machine, there are various anti-spyware/adware software applications available on the Internet to identify if this has occurred.
- Our Security Practices.
The account information associated with any of our Services is password protected for your privacy and security. You choose your password for any of our Services so the strength of that password is determined by you. We recommend that you choose a unique password and not share your password with anyone else. In certain areas, we use industry-standard SSL encryption to protect data transmissions.
- Special Rules For Children.
- Contact Us Regarding Privacy.