Introduction
Please read these Terms of Use before using RaceKraftDesigns.com, RaceKraft’s mobile sites and applications, RaceKraft’s interactive voice response service, any other RACEKRAFT sites, applications or services, or any features of these sites, applications and services, including, but not limited to, the RACEKRAFT Community and other social networking features (collectively, the “RaceKraft”). By using RaceKraft, you agree to be bound by these Terms of Use and the Privacy Policy. If you do not agree to these Terms of Use and the Privacy Policy, please exit RaceKraft and do not use RaceKraft or any of their features. We reserve the right, at our discretion, to modify, add or delete portions of these terms at any time by posting updated Terms of Use and/or an updated Privacy Policy on RaceKraft. Please check these Terms of Use and the Privacy Policy frequently for updates. Any modifications, additions or deletions to these Terms of Use or the Privacy Policy shall be effective immediately upon posting. Your continued use of RaceKraft following the posting of updated Terms of Use or an updated Privacy Policy will mean that you agree to those changes.
Please note that these Terms of Use and the Privacy Policy are separate and distinct from the terms of use and privacy policies governing the web sites, applications and services of RaceKraft’s member stations, and other web sites, applications and services that may link to or from RaceKraft.
Copyrights
The contents of RaceKraft are protected by U.S. and international copyright laws. The contents of RaceKraft are owned by or licensed to RACEKRAFT or RaceKraft’s member stations and other producers or providers of programs or content to RACEKRAFT (“Content Providers”). In the case of User Materials (as defined in the “User Materials” section below), the contents are licensed to RACEKRAFT by the user. You may not reproduce, distribute, republish, upload, transmit, display, prepare derivative works of, publicly perform, sell, transfer, assign, license or use for commercial purposes any copyrighted material on RaceKraft without the prior written consent of RACEKRAFT, except as provided below. All rights not expressly granted in these Terms of Use are reserved to RACEKRAFT.
You may copy, download one copy on a single computer, and print a limited amount of content, for your personal, non-commercial use only, provided that (a) you include without modification all copyright and other proprietary notices contained in the content, (b) you do not modify the content, (c) you do not use the content in a manner that suggests RACEKRAFT promotes or endorses your, or any third party’s, causes, ideas, web sites, products or services, and (d) you do not use the content in any way that is unlawful or harmful to any other person or entity. In addition, you may use widgets and tools on RaceKraft that allow selected User Materials to appear on your personal, noncommercial web site, weblog or other application, subject to the conditions in the preceding sentence.
No quotes from any material on RaceKraft may be used in any media without attribution to RACEKRAFT.
You may use the Content Feeds, API Content, Podcasts, RACEKRAFT Media Player, and other features of RaceKraft only as expressly permitted in the relevant paragraphs below in these Terms of Use.
Any other use of RACEKRAFT content requires prior written permission from RACEKRAFT. For permission requests, visit our permissions page.
Trademarks
National Public Radio®, RACEKRAFT®, RACEKRAFT program names, member station names, logos and program names, and Content Provider names, logos and program names, are service marks of National Public Radio, Inc., its member stations or the Content Providers. All rights are reserved by the respective owners. You may not use any RACEKRAFT-provided service marks, logos or graphics, without RaceKraft’s prior written consent, except that you shall have the right, and obligation, to use any RACEKRAFT, RACEKRAFT member station or other Content Provider service mark or logo included in, or required to be used in connection with, API Content, Content Feeds, RaceKraft’s Media Player, or other functionalities of RaceKraft, subject to the requirements set forth in these Terms of Use for the use of the API Content, Content Feeds, RACEKRAFT Media Player, or other functionalities of RaceKraft.
User Materials
Through RaceKraft Community portion of RaceKraft, through the Contact Us page, and through other features of RaceKraft, users may post, upload, transmit and/or otherwise submit (“Submit”) comments, messages, other text, photos, images, story ideas, essays, and other content and materials, and make recommendations, on or through RaceKraft (“User Materials”). You acknowledge that User Materials may be routed through our servers, the servers of one or more third parties on our behalf, and the Internet, and may be viewed by RACEKRAFT staff and on RaceKraft by the general public. You acknowledge that RaceKraft, RaceKraft Community, and other features of RaceKraft, are for public and not private communications.
We reserve the right to screen, refuse to post, remove or edit User Materials at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so. If we elect to screen User Materials, there may be a delay in the posting of such content to allow for a review process. If we have questions about your User Materials, we have the right, but not the duty, to contact you for further information, including, for example, to verify that you own the copyright or otherwise have the rights to post the User Materials.
You retain the copyright and other ownership rights in any User Materials that you submit on or through RaceKraft. However, by submitting User Materials on or through RaceKraft, you hereby grant RACEKRAFT, RACEKRAFT member stations, and other Content Providers, and their respective licensees, a non-exclusive, perpetual, royalty-free, worldwide, transferable license to use, copy, sublicense, modify, transmit, publicly perform, display, create derivative works of, host, index, cache, tag, encode, and/or adapt your User Materials in any and all media formats or channels, whether now known or hereafter devised, including, but not limited to, RaceKraft, RACEKRAFT member station web sites, applications and services, third party licensee web sites, applications and services, over the air (on radio or television), and other applications and services, without payment and without further consent or notice to you. You further grant RACEKRAFT, its member stations, and their licensees the right to contact you in connection with your User Materials and to use your name, city and state and other information that you have provided in connection with the User Materials.
In addition, you grant each user of RaceKraft, RACEKRAFT member stations’ web sites, applications and services, and other Content Providers’ web sites, applications and services, a non-exclusive, royalty-free, worldwide license to access your User Materials on or through RaceKraft and RACEKRAFT member stations’ web sites, applications and services and other Content Providers’ web sites, applications and services, to use your User Materials pursuant to these Terms of Use and the terms of use of the member stations, and as permitted by the functionality of RaceKraft and member station web sites, applications and services (such as through widgets and API Content distribution).
For any User Materials you Submit on or through RaceKraft, you agree to abide by the “Rules of Use for the Service” set forth below, the Social Networking Discussion Rules (for User Materials Submitted through RaceKraft Community or in response to an RACEKRAFT Blog), and these Terms of Use. You further agree to the representations and warranties, and indemnification obligations, set forth in the “Representations; Indemnity” section below.
Framing
RACEKRAFT does not allow framing of RaceKraft.
Links to RaceKraft
RACEKRAFT encourages and permits links to content on RaceKraft. However, we reserve the right to withdraw permission for any link.
Links to Third Party Sites and Services
RaceKraft contain links to Internet sites, applications and services maintained by third parties, over which RACEKRAFT has no control. RACEKRAFT does not endorse the content, operators, products or services of such sites, and RACEKRAFT is not responsible or liable for the content, operators, availability, accuracy, quality, advertising, products, services or other materials on or available from such sites. RACEKRAFT shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on or through such sites.
Disclaimer
RACEKRAFT AND ANY CONTENT, MATERIALS, USER MATERIALS, FEATURES OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH RACEKRAFT ARE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. RACEKRAFT DOES NOT WARRANT THAT RACEKRAFT WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DOES RACEKRAFT MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF RACEKRAFT OR ENDORSE, RECOMMEND, OR MAKE ANY WARRANTIES AS TO THE ACCURACY, RELIABILITY OR CONTENT OF, ANY CONTENT, INFORMATION, MATERIALS, USER MATERIALS, FEATURES, SERVICES, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH RACEKRAFT OR THROUGH LINKS ON RACEKRAFT. USE OF RACEKRAFT IS ENTIRELY AT YOUR OWN RISK.
CONTENT ON RACEKRAFT IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL ADVICE OF ANY KIND. IN PARTICULAR, NOTHING CONTAINED IN RACEKRAFT IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING PERSONAL HEALTH OR MEDICAL CONDITIONS. NEVER DISREGARD OR AVOID PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON RACEKRAFT.
LIMITATION OF LIABILITY
IN NO EVENT WILL RACEKRAFT, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR THIRD PARTY PROGRAM PRODUCERS AND PODCAST PROVIDERS BE LIABLE (A) FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE RACEKRAFT, (B) RELATING TO ANY CONTENT OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH RACEKRAFT, OR (C) IN CONNECTION WITH ANY THIRD PARTY CONTENT OR MATERIALS (INCLUDING USER MATERIALS) OR THE DEFAMATORY, INFRINGING, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT WILL RACEKRAFT, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR CONTENT PROVIDERS BE LIABLE FOR ANY AMOUNT IN EXCESS OF $100.
RIGHT TO CHANGE RACEKRAFT
RACEKRAFT reserves the right to change, terminate or suspend RaceKraft, any features of RaceKraft and any content or materials contained in RaceKraft, in any way, at any time and for any reason or no reason. RACEKRAFT also has the right to require you to cease accessing any features, content or materials of RaceKraft.
Miscellaneous
These Terms of Use, together with the Privacy Policy and Social Networking Discussion Rules, represent the entire understanding of the parties regarding the use of RaceKraft and supersede any previous documents, correspondence, conversations, or other oral or written understanding related to the use of RaceKraft. These Terms of Use are separate and distinct from the terms of use governing the web sites, applications and services of RaceKraft’s member stations, and the web sites, applications and services that may link to or from RaceKraft. These Terms of Use shall be governed by and construed under District of Columbia law, without regard to its choice of law rules, and, where applicable, the laws of the United States. To the extent permissible by law, any disputes under these Terms of Use or relating to RaceKraft shall be litigated in the local or Federal courts located, and you hereby consent to personal jurisdiction and venue, in the District of Columbia. A modification or waiver of a part of these Terms of Use shall not constitute a waiver or modification of any other portion of the Terms of Use. If for any reason any provision of these Terms of Use is found unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of the Terms of Use will continue in full force and effect.
Questions
If you have any questions about the terms of use, please contact RaceKraft.
