Terms of Service Oklahoma Race Connect,
Inc.
Terms can also be found at GNEXT's Corporate
Site
www.gnextinc.com
GNEXT
Entertainment Online TOS
Welcome to GNEXT Entertainment Group,
Inc. (GXEG)!. GXEG provides its service to you, subject to the
following Terms of Service ("TOS"), which may be updated by us from
time to time without notice to you. By using gnextinc.com you signify
you have read and agree with the following TOS. Just as if you signed
it.
1) THE
MATERIALS IN THIS GXEG SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT
WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON ANY GXEG SITE
WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR
THAT ANY GXEG SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR
MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF
THE MATERIALS ON ANY GXEG SITE IN TERMS OF THEIR CORRECTNESS,
ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY
NOT APPLY TO YOU.
UNDER NO
CIRCUMSTANCES SHALL Oklahoma Race Connect, Inc, ITS SUBSIDIARIES,
OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE
OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE
ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY, OR ANY OTHER BASIS, EVEN IF Oklahoma Race Connect,
Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, Oklahoma Race Connect, Inc.
LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT
PERMITTED BY LAW.
2) GXEG
shall have the right, but not the obligation, to monitor the content of
gnextinc.com, including chat rooms and forums, to determine compliance
with this Agreement and any operating rules established by GXEG and to
satisfy any law, regulation or authorized government request. GXEG
shall have the right in their sole discretion to edit, refuse to post
or remove any material submitted to or posted on gnextinc.com. Without
limiting the foregoing, GXEG shall have the right to remove any
material that GXEG, in their sole discretion, finds to be in violation
of the provisions hereof or otherwise objectionable.
All
materials contained in any GXEG Site are the copyrighted property of
Oklahoma Race Connect, Inc., or its subsidiaries or affiliated
companies and/or third-party licensors. All trademarks, service marks,
and trade names are proprietary to Oklahoma Race Connect, Inc., or
its affiliates. No material from any GXEG Site or any Internet site
owned, operated, licensed, or controlled by us or our affiliates may be
copied, reproduced, republished, uploaded, posted, transmitted, or
distributed in any way, except that you may download one copy of the
materials on any single computer for your personal, noncommercial home
use only, provided that (i) you keep intact all copyright and other
proprietary notices, (ii) you make no modifications to the materials,
(iii) you do not use the materials in a manner that suggests an
association with any of our products, services, or brands, and (iv) you
do not download quantities of materials to a database that can be used
to avoid future downloads from any GXEG Site. For purposes of these
terms, the use of any such material on any other Web site or computer
environment is prohibited. All trademarks, service marks, trade names,
and trade dress are proprietary to us
FORUMS AND PUBLIC COMMUNICATION
"Forum" means a chat area, message board, or e-mail function offered as
part of any GXEG Site. If you participate in any Forum within a GXEG
Site, you must not:
- defame, abuse, harass or threaten
others;
- make any bigoted, hateful, or racially
offensive statements;
- advocate illegal activity or discuss
illegal activities with the intent to commit them;
- post or distribute any material that
infringes and/or violates any right of a third party or any law;
- post or distribute any vulgar, obscene,
discourteous, or indecent language or images;
- advertise or sell to or solicit
others;
- use the Forum for commercial purposes of
any kind;
- post or distribute any software or other
materials that contain a virus or other harmful component; or
- post material or make statements that do
not generally pertain to the designated topic or theme of any chat room
or bulletin board.
You also agree that you will not harvest or
collect information about the users or members of this site or use such
information for the purpose of transmitting or facilitating
transmission of unsolicited bulk electronic e-mail or communications.
You further
agree that you will not knowingly solicit or collect personal
information from a minor (anyone under 18 yrs old). Personal
information includes but is not limited to name, address, phone number
or name of their school.
Oklahoma Race Connect, Inc. generally does not pre-screen, monitor, or
edit the content posted by users of communications services, chat
rooms, message boards, newsgroups, software libraries, or other
interactive services that may be available on or through this site.
However, Oklahoma Race Connect, Inc. and its agents have the right
at their sole discretion to remove any content that, in Oklahoma Race Connect, Inc.'s judgment, does not comply with the Rules of
User Conduct or is otherwise harmful, objectionable, or inaccurate.
Oklahoma Race Connect, Inc. is not responsible for any
failure or delay in removing such content.
We reserve
the right to remove or edit content from any Forum at any time and for
any reason.
MEMBERSHIP TO FORUM
(a) Registration
Should Oklahoma Race Connect, Inc. choose to provide member based
services, when you register to use these Services, you will be required
to provide certain information about yourself. You agree to provide
true, accurate and complete information about yourself, and to update
this information when it changes. If you provide any information that
is untrue or inaccurate, not current, or incomplete, or if GXEG
suspects that your information is untrue or inaccurate, not current, or
incomplete, GXEG may, in its sole discretion, suspend or terminate your
membership and refuse current or future access to the Service. Any
personal information supplied hereunder will be subject to the terms of
our privacy policy. Members under the age of 18 must have parental
consent before joining GXEG, and children under the age of 13 may not
register with GXEG . The Service is currently provided for free. GXEG
reserves the right to change the nature of this relationship at any
time.
(b) Passwords
Should GXEG provide to you a password that allows you to access certain
parts of the Service, you will be solely responsible for maintaining
the confidentiality of the password and your account information, and
are fully responsible for all activities that occur under your password
or account. You agree that you will immediately notify GXEG of any
unauthorized use of your password or account, or any other breach of
security, and that you will log off of the Service at the end of each
session to prevent fraud on your account by third parties.
(c) General
GXEG may choose to send you e-mail newsletters on a variety of topics -
for example, informing you of membership benefits and features, letting
you know of problems with the site or with services offered by GXEG ,
or presenting you with the opportunity to buy selected products and
services. You may elect during registration not to receive these e-mail
newsletters, and you may start or stop receiving such e-mail
newsletters at any time by sending an e-mail to an address that shall
be designated for that purpose. With your permission, GXEG may send you
e-mails on behalf of pre-screened third parties containing promotional
offers or opportunities that we believe may be of interest to you. You
may elect during registration to receive these e-mails, and you may
start or stop receiving such e-mails at any time by sending an e-mail
to an account that shall be designated for that purpose.
(d) Rules for Use of the Service
(1) Conduct Required for Use of the Service
It is a condition of your use of the Service that you do not: (i)
restrict or inhibit any other user from using and enjoying the Service;
(ii) post or transmit any unlawful, threatening, abusive, libelous,
defamatory, obscene, vulgar, pornographic, profane or indecent
information of any kind, including without limitation, any images or
other material depicting Nudity as herein defined; (iii) post or
transmit comments containing harassing or offensive language, including
sexual references, sexual nicknames, racial slurs, hate propaganda,
hate mongering, swearing, or rude or deliberately offensive comments,
or engage in disruptive activities online, including excessive use of
scripts, sound waves, scrolling (repeating the same message over and
over), or use of viruses, bots, worms or trojan horses; (iv) post or
transmit any information, software or other material that is fraudulent
or violates or infringes the rights of others, including material that
violates privacy or publicity rights, or infringes copyright, trademark
or other proprietary rights, without first obtaining permission from
the owner or right holder, including WAREZ (copyrighted material
distributed without permission); (v) post or transmit any information,
software or other material that contains a virus or other harmful
component; (vi) post or transmit content that encourages or provides
instructional activities about illegal activities, in particular
hacking, cracking or phreaking; (vii) post, transmit or in any way
exploit any information, software or other material for commercial
purposes or that contains advertising, "junk mail," "spam," or "chain
letters"; (viii) solicit other users to join, become members of, or
contribute money to any online service or other organization, advocate
or attempt to get users to join in legal or illegal schemes or plan or
participate in scams involving other users; (ix) impersonate any person
or entity or falsely state or otherwise misrepresent your professional
or other affiliation with any person or entity; (x) resell,
redistribute, broadcast or transfer the information or use the
information derived from the Service in a searchable, machine-readable
database; (xi) use the Service to collect personally identifying
information about users of the Service in violation of our Privacy
Policy; (xii) disguise a file type to thwart GXEG's detection
processes; (xiii) post or transmit any transmissions constituting or
encouraging conduct that would constitute a criminal offense, give rise
to civil liability or otherwise violate any local, state, national or
international law; (xiv) submit to the Live Directory multiple web
sites with different URLs that re-direct a user to one web page; (xv)
submit to Live Directory more than one URL for a single category; (xvi)
update Live Directory listings with intent to distort or misrepresent
them, including but not limited to changing titles of the entries,
descriptions of the entries, URLs, or keywords, or (xvii) attempt to
gain unauthorized access to other computer systemsor networks connected
to the Service. For the purposes of this Agreement, "Nudity" shall
include, without limitation, images depicting persons with unclothed
genitalia or persons wearing transparent clothing over genitalia. You
agree that you will not use the Service, including the information
provided therein and all related equipment, networks and network
devices (specifically including Internet access) for any unlawful
purpose. GXEG, at its sole and absolute discretion, shall determine
whether any information transmitted or received violates this
provision. You may not use any Material in connection with any site or
other use that contains or is associated with information or content
prohibited by this section.
(2) Monitoring
GXEG has no obligation to monitor the use of the Service by members.
You acknowledge and agree that GXEG reserves the right to, and may from
time to time, monitor any and all information transmitted or received
through the Service for operational and other purposes. During
monitoring, information may be examined, recorded, copied, and used for
authorized purposes in accordance with our Privacy Policy. Use of the
Service constitutes consent to such monitoring. Furthermore, GXEG
reserves the right at all times to disclose any information posted on
any portion of the Service as necessary to satisfy any law, regulation
or governmental request, or to refuse to post, or to remove, any
information or materials, in whole or in part, that in GXEG's sole and
absolute discretion are objectionable or in violation of this
Agreement.
(3) License
By uploading files, inputting data, or engaging in any other form of
communication (a "Communication") through the Service you are granting
GXEG a royalty-free, irrevocable, perpetual, non-exclusive,
unrestricted, worldwide license to (i) use, copy, sublicense, adapt,
transmit, publicly perform, display, or create derivative works from
any such Communication, and (ii) sublicense to third parties the
unrestricted right to exercise any of the foregoing rights granted with
respect to such Communication. No Communication shall be subject to any
obligation of confidence on the part of GXEG.
(4) Content on the Service.
Communications posted through the Service are provided by users such as
you who are unaffiliated with GXEG, and the user providing each such
Communication is solely responsible for the content thereof. This means
that you, and not GXEG, are entirely responsible for all Communications
that you upload, post, email or otherwise transmit via the Service. In
using the Service or receiving e-mail messages from members through the
Service, you should not assume that such messages have been reviewed by
GXEG, that such Communications contain correct information, or that the
persons posting such Communications have accurately identified
themselves and/or their affiliation with any third party. You
understand that by using the Service, you may be exposed to
Communications that are offensive, indecent, or objectionable. Under no
circumstances will GXEG be liable in any way for any Communication,
including, but not limited to, liability for any errors or omissions in
any Communication, or for any loss or damage of any kind incurred as a
result of the use of any Communication posted, e-mailed, or otherwise
transmitted via the Service.
(5) Personal Safety.
When using the Service, please be certain that anything you say does
not compromise your personal safety. Do not provide your name, phone
number, postal or e-mail address, your password, or any other
personally identifying information to people you do not know. Do not
continue any conversation online that makes you feel
uncomfortable.
Child
Online Protection Act Notification
Pursuant to 47 U.S.C. Section 230(d) as amended, GXEG hereby notifies
you that parental control protections (such as computer hardware,
software, or filtering services) are commercially available that may
assist you in limiting access to material that is harmful to minors.
Information identifying current providers of such protections is
available at the Electronic Frontier Foundation Web site,
http://www.eff.org/pub/Censorship/Ratings_filters_labelling/, and at
the America Links Up Web site,
http://www.netparents.org/parentstips/browsers.html. To view
information on our policy regarding the privacy of children under the
age of 13, please see our privacy policy.
Raceway Report '04 - Raceway Report 04 is not associated with
NASCAR or Nextel. NASCAR is a registered trademark of National
Association for Stock Car Auto Racing, Inc. there official website can
be found at www.nascar.com
TERMINATION
Oklahoma Race Connect, Inc. reserves the right, in its sole discretion,
to terminate your access to all or part of this site, with or without
notice.
Thanks, for
visiting gnextinc.com and hope you enjoy it!
