Terms of Service
Below you will find our terms of use for the site. Sorry, it's a bunch of legal stuff. In general, we try not to do stupid stuff, and we ask you not to also. Here are some highlights - you give us a license to stuff you upload, we'll take down anything that's copyrighted to someone else right away (so please make sure you have permission before you post), and we don't want porn or bad behavior on the site. Hope that helps - if you have any questions please email us at info@trippertlabs.com or click here.
MobRacer Terms of Service
By using the MobRacer Service (as defined below) ("MobRacer") which is owned and operated by Trippert, Inc. (“Trippert”) and by accessing the MobRacer Sites located at http://www.mobracer.com, and all linked pages owned and operated by Trippert (the "MobRacer Sites"), you agree to be bound by these terms of service, as well as any other guidelines, rules and additional terms referenced herein, and all such guidelines, terms and rules are hereby incorporated herein by this reference (collectively, "Terms of Service").
Trippert’s online services which are available at the MobRacer Sites will, among other things, allow you to play games and chat with other users, make online purchases of virtual items for avatar customization, post and share messages and images and other similar content with MobRacer users, and view third party postings/images/etc. regarding similar services. In addition, you may also use the MobRacer Sites to help you find friends, virtual items, and similar options available to you (collective, through all Sites, the “MobRacer Service”).
These Terms of Service set out the legally binding terms with respect to your use of and our provision of the MobRacer Sites and MobRacer Service. Please read these Terms of Service carefully. Your access to or use of the MobRacer Service constitutes your acceptance of all the provisions of these Terms of Service. If you are unwilling to be bound by these Terms of Service, do not access or use the MobRacer Service. Trippert may terminate your Membership and/or prohibit you from using or accessing the Service or the Website for any reason, at any time.
1. Eligibility.
You must be 13 or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 13 years of age, to register as a member of or use the MobRacer Sites and MobRacer Service. If you are under the age of 13 or the applicable legal age in your jurisdiction, you can use the MobRacer Service only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Service. If you do not qualify, do not use the Service. Membership in the MobRacer Service is void where prohibited by applicable law, and the right to access the MobRacer Sites is revoked in such jurisdictions. By using the MobRacer Sites and/or MobRacer Service, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Service and to abide by all of the terms and conditions set forth herein.
2. Changes to the Agreement or the MobRacer Services.
You agree and understand that these Terms of Service, the MobRacer Sites, and the MobRacer Service may be modified by Trippert at any time without prior notice, and such modifications will be effective upon Trippert’s posting of the new terms and/or upon implementation of the new changes on the MobRacer Sites. You agree to review the Terms of Service periodically so that you are aware of any modifications. Your continued use of the MobRacer Service after any modifications indicates your acceptance of the modified Terms of Service. Unless expressly stated otherwise by Trippert, any new features, new services, enhancements or modifications to the MobRacer Service implemented after your initial access to the Service shall be subject to these Terms of Service.
3. Registration and Security.
In order to use or access some of the MobRacer Services, you may be required to register with Trippert and to select a password and racer name and to provide an e-mail address you own and use ("User ID"). If you register, you agree to provide MobRacer with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Service, which may result in immediate termination of your account. You may not: (i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or, (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. Trippert reserves the right to refuse registration of, or cancel a User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your User ID and password. Any User ID and password provided to you for your access to the MobRacer Service shall be for your personal use only. You agree to (a) immediately notify Trippert of any unauthorized use of your User ID or password, and (b) ensure that you exit from your account at the end of each session.
4. Use of the Site/Services by Members.
You may use the MobRacer Sites to solicit posts and reviews from, and share posts and reviews with other MobRacer users. You may search the MobRacer database for users, teams, and virtual items. You may invite people you know to join MobRacer. You may download or copy the portions of the information, data, text, sound, photographs, graphics, video, messages and other materials available via the MobRacer Service ("Content"), and other items displayed on the MobRacer Sites, for your own use, provided that you maintain all copyright and other notices contained in such Content. Trippert does not control the Content posted by third parties via the MobRacer Service, including the content of any messages or reviews, and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the MobRacer Service you may be exposed to Content that is offensive, indecent or objectionable. You agree that under no circumstances will Trippert be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You are responsible for complying with all laws applicable to the Content you submit via the MobRacer Service. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content.
5. Links to other Websites
The Website contains links to other websites. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website by us. If you decide to leave the website and access these third-party sites, you do so at your own risk.
6. Restrictions on Rights to Use.
You shall not (and you agree not to allow any third party to):
* modify, adapt, translate, or reverse engineer any portion of the MobRacer Sites and/or MobRacer Service;
* remove any copyright, trademark or other proprietary rights notices contained in or on the MobRacer Sites and/or MobRacer Service;
* use any robot, spider, automated scripts, site search/retrieval application, or other device to retrieve or index any portion of the MobRacer Sites and/or MobRacer Service;
* collect any information about other users or members (including usernames and/or email addresses) for any purpose other than to solicit and share reviews with other MobRacer Service users or members;
* reformat or frame any portion of the web pages that are part of the MobRacer Sites and/or MobRacer Service;
* create user accounts by automated means or under false or fraudulent pretenses;
* create or transmit unwanted electronic communications such as "spam", "chain letters", "pyramid schemes", unsolicited or unauthorized advertising, to other users or members of the MobRacer Sites and/or MobRacer Service or otherwise interfere with other user's or member's enjoyment of the MobRacer Sites and/or MobRacer Service;
* submit any third party materials or Content without such third party's prior written consent;
* submit any Content or material that falsely express or imply that such Content or material is sponsored or endorsed by Trippert;
* submit any Content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other proprietary rights of any party;
* transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
* use the MobRacer Sites or MobRacer Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
* copy or store any Content offered on the MobRacer Sites for other than your own personal use;
* submit Content or materials that are unlawful or promote or encourage illegal activity;
* submit false or misleading information to Trippert;
* take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
* use the MobRacer Sites and/ or MobRacer Service, intentionally or unintentionally, to violate any applicable local, state, national or international law; or
* collect or store personal data about other users in connection with the prohibited activities described in this paragraph.
* Use the Content for any purpose, commercial or otherwise, other than your personal use
7. Content Posted By You on the MobRacer Sites.
* You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
* You understand and agree that Trippert may review and delete any Content that in the sole judgment of Trippert violates these Terms of Service or which might be offensive, illegal, otherwise objectionable, or that might violate the rights of, harm, or threaten the safety of other users or members of the MobRacer Sites and/or other website users.
* You are solely responsible for any Content that you publish or display on the MobRacer Sites or transmit to other members and/or other website users (hereinafter, "Posted Content").
* You are solely responsible for your posts and images listed on MobRacer Sites and/or the MobRacer Service. MobRacer reserves the right, but has no obligation, to monitor disputes between you and any entity which you have reviewed. You agree that MobRacer does not guarantee any confidentiality with respect to any material you submit.
* You agree that you will only post Content that you believe to be true and you will not purposely provide false or misleading information.
* By posting Posted Content on the MobRacer Sites, you agree to and hereby do grant, and you represent and warrant that you have the right to grant Trippert an irrevocable, perpetual, non-exclusive, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Content and to prepare derivative works of, or incorporate into other works, such Posted Content. You also provide MobRacer Service users an irrevocable, perpetual, non-exclusive royalty-free, fully sublicensable, fully paid up, worldwide license to use the Posted Content for their personal use only. Removal of the content by you or Trippert, or termination of your membership will not terminate this license.
* The following is a partial list of the kind of Content and communications that are illegal or prohibited on/through the MobRacer Sites. Trippert reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the MobRacer Service and terminating the membership of such violators or blocking your use of the MobRacer Service and/or MobRacer Sites. You may not post Content that:
o is false or intentionally misleading;
o is patently offensive to users of the MobRacer Sites, such as Content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
o harasses or advocates harassment of another person;
o involves the transmission of unsolicited mass mailing or "spamming";
o promotes illegal activities or conduct that is abusive;
o is threatening, obscene, defamatory or libelous;
o is pornographic or sexually explicit in nature; and
o seeks or recommends providers of material that exploits people under the age of 13 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 13.
8. Copyright Dispute Policy.
Trippert has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at http://www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Trippert’s Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is provided at the bottom of this section.
* Trippert Policy. It is Trippert’s policy to (i) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, Content providers, members or users; and (ii) remove and discontinue service to repeat offenders.
* Procedure for Reporting Copyright Infringements. If you believe that material or Content residing on or accessible through the MobRacer Sites or Service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below ("Proper Bona Fide Infringement Notification"):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
2. Identification of works or materials being infringed;
3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Trippert is capable of finding and verifying its existence;
4. Contact information about the notifier including address, telephone number and, if available, email address;
5. A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
* Upon Receipt of a Bona Fide Infringement Notification.
Once Proper Bona Fide Infringement Notification is received by the Designated Agent, it is Trippert's policy:
1. to remove or disable access to the infringing material;
2. to notify the Content provider, member or user that it has removed or disabled access to the material; and
3. that repeat offenders will have the infringing material removed from the system and that Trippert will terminate such Content provider's, member's or user's access to the service.
* Procedure to Supply a Counter-Notice to the Designated Agent.
If the Content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the Content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or pursuant to the law, the Content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
1. A physical or electronic signature of the Content provider, member or user;
2. Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled;
3. A statement that the Content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
4. The Content provider's, member's or user's name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the Content provider's, member's or user's address is located, or if the Content provider's, member's or user's address is located outside the United States, for any judicial district in which Trippert is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
* Removal.
If a counter-notice is received by the Designated Agent, Trippert may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material 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 material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Trippert's discretion. Please contact Trippert's Designated Agent to Receive Notification of Claimed Infringement at the following address:
John Bautista
Trippert, Inc.
c/o Orrick LLC
Phone: (650) 614-7400
Fax: (650) 614-7401
Email to: legal@trippertlabs.com
9. Venue Only.
If you enter into correspondence or engage in transactions with third parties in connection with your use of the MobRacer Service, such activity is solely between you and the applicable third party. Trippert shall have no liability, obligation or responsibility for any such activity. You hereby release Trippert from all claims arising from such activity.
10. Privacy.
Use of the MobRacer Sites and/or the MobRacer Service is also governed by our Privacy Policy, a copy of which is currently located at http://www.MobRacer.com/static?p=privacy
11. Term.
These Terms of Service will remain in full force and effect while you use the MobRacer Sites and/or MobRacer Services. Either Party may terminate these Terms of Service for any reason, at any time. Sections 9, 10, 11, 12, 13, 14, 15 and 16 shall survive any termination or expiration of these Terms of Service.
12. Ownership.
Except for the Content submitted by members or users, the MobRacer Service and all aspects thereof, including all copyrights, trademarks, and other intellectual property or proprietary rights therein, is owned by Trippert or its licensors. You acknowledge that the MobRacer Service and any underlying technology or software used in connection with the MobRacer Service contain Trippert’s proprietary information. You may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, and/or materials available on the MobRacer Sites, or MobRacer Services in whole or in part except as expressly provided in Trippert’s policies and procedures made available via the MobRacer Service. Except as expressly and unambiguously provided herein, Trippert and its suppliers do not grant you any express or implied rights, and all rights in the MobRacer Service not expressly granted by Trippert to you are retained by Trippert.
13. Disclaimer.
THE MOBRACER SITES ARE PROVIDED BY TRIPPERT ON AN "AS IS" BASIS. TRIPPERT AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO THE OPERATION OF THE MOBRACER SITES, MOBRACER SERVICE OR SOFTWARE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE MOBRACER SITES OR IN ASSOCIATION WITH THE MOBRACER SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, TRIPPERT AND ITS LICENSORS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TRIPPERT AND ITS LICENSORS AND AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE MOBRACER SITES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TRIPPERT IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OF THE MOBRACER SITES. Under no circumstances will Trippet be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or service, any Content posted on or through the Website or the Service or transmitted to Members, or any interactions between users of the Website or Members, whether online or offline. Trippert does not warrant or covenant that the MobRacer Service will be available at any time or from any particular location, will be secure or error-free, that defects will be corrected, or that the MobRacer Service is free of viruses or other potentially harmful components. Any material or Content downloaded or otherwise obtained through the use of the MobRacer Service is accessed at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM TRIPPERT, THE MOBRACER SITES OR THROUGH OR FROM THE MOBRACER SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
14. Limitation on Liability.
Trippert shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Trippert’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). WITHOUT LIMITING THE FOREGOING, TRIPPERT AND ITS AFFILIATES AND SUPPLIERS WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TRIPPERT'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO TRIPPERT FOR THE MOBRACER SERVICES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (ii) $100 . IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
15. Indemnity.
You agree to indemnify and hold Trippert, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your access to the MobRacer Sites, (ii) your use of the MobRacer Service(s), (iii) the violation of these Terms of Service by you, or (iv) the infringement by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.
16. Miscellaneous.
If there is any
dispute about or involving the MobRacer Sites and/or the MobRacer Service, by
using the MobRacer Sites, you agree that the dispute will be governed by the
laws of the State of
Any dispute
relating in any way to the Web site and/or the Service (including your visit to
or use of the Web site and/or the Service) shall be submitted to confidential
arbitration in San Francisco, California, except that, to the extent you have
in any manner violated or threaten to violate Trippert or any of its
affiliates' proprietary or intellectual property rights, we may seek injunctive
or other appropriate relief in any state or federal court of competent
jurisdiction. For the purpose of such relief, you hereby consent to, and waive
all defenses of lack of personal jurisdiction and forum non conveniens with
respect to, non-exclusive venue and jurisdiction in the state and federal
courts of
Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise. Any claim, action or proceeding by you related in any way to the Web site and/or the Service (including your visit to or use of the Web site and/or the Service) must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
No agency, partnership, joint venture, or employment is created as a result of these Terms of Service and you do not have any authority of any kind to bind Trippert in any respect whatsoever. Trippert may provide you with notices, including those regarding changes to the Terms of Service by email, regular mail or postings on the MobRacer Service. These Terms of Service, accepted upon use of the MobRacer Sites, and all terms, guidelines and rules referenced herein contain the entire agreement between you and Trippert regarding the use of the MobRacer Sites and/or the MobRacer Service. The failure of Trippert to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and enforceable. These Terms of Service are not assignable, transferable or sublicensable by you except with Trippert’s prior written consent. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. These Terms of Service include Trippert's acceptable use policy for Content posted on the MobRacer Sites, MobRacer's Privacy Policy, and any notices regarding the MobRacer Sites.
17. Contact and Violations.
Please contact us with any questions regarding these Terms of Service. Please report any violations of the Terms of Service to info@trippertlabs.com.
18. Mark.
MobRacer is a proprietary service mark of Trippert, Inc.
