By visiting or using this website, GREATPHOTORACE.COM, owned by WEBATURES, LLC, including all content and functionality available through the GREATPHOTORACE.COM domain (collectively, the "Site" or "GREATPHOTORACE.COM", "we", or "us", as appropriate), you agree to be bound by the following Terms of Use. By your acceptance of the Terms, each time you use the Site, you consent to GREATPHOTORACE.COM's collection, use and disclosure of your information or registration data in accordance with our Privacy Policy. You also agree to follow our existing photo submission guidelines, and any future guidelines that we may issue. These guidelines are published on GREATPHOTORACE.COM and incorporated into the Terms by reference. References to the "Terms" include the Privacy Policy and any applicable submission guidelines that are issued now or in the future. The Terms apply to all visitors and users of the Site, including users who contribute content or information and subscribers to other services on the Site. The Terms also apply to individuals or entities on whose behalf a user accesses the Site. If you do not agree to the Terms, do not use the Site.
We may revise, modify or change the Terms at any time at our sole discretion with or without notice. Your continued use of the Site after we post changes to the Terms constitutes acceptance of the Terms as modified. It is your responsibility to regularly review the Terms.
GREATPHOTORACE.COM includes information, images, photos, commentary, content, opinions and material that our users upload ("User Content"). You agree to upload and post only User Content that you have created yourself. GREATPHOTORACE.COM is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to User Content. We don't test or verify any User Content on the Site. While we do not knowingly accept User Content that violates another's rights, we are not responsible if it happens.
You are responsible for your own User Content, whether posted in the discussion boards, photo entries, comments section, or other public posting areas on the Site. You agree to conform to Site polices and guidelines concerning the size, length, format, subject, content, and relevancy of User Content. Submitting User Content that violates our rules or any applicable local, national or international laws or regulations is not acceptable, and may subject you to sanctions, including termination of your user rights.
User Content may include nude photos or other images or material that an individual might find offensive, indecent and/or objectionable. We will determine, in our sole discretion, whether User Content containing nudity is acceptable. Our decision is final even if an individual user disagrees with our judgment. We reserve the right (but assume no obligation) to edit, redact or delete User Content that we consider unacceptable or inappropriate, or for any other reasons, which we need not disclose, at our discretion and convenience. When removing images that are contained in User Content, we may remove only the images to which we object, all the images in a folder, or all the images in the User's portfolio, at our convenience and discretion.
We reserve the right to edit, redact or delete any User Content that you upload to the Site, at our sole discretion. GREATPHOTORACE.COM also contains material from experts, organizations and advertisers ("Third Party Content"). GREATPHOTORACE.COM is not responsible for the accuracy, reliability or usefulness of Third Party Content.
GREATPHOTORACE.COM owns all rights to the Site, its services, the technology, information, documents, files, webpages and other product developed in connection with the Site or available on the Site. Submitting User Content to any area of the Site does NOT transfer ownership rights to GREATPHOTORACE.COM. By submitting User Content, you give certain limited rights to both GREATPHOTORACE.COM and other GREATPHOTORACE.COM users. You also grant other Site users the right to quote your User Content in their own postings on the Site. Second, you grant GREATPHOTORACE.COM the right to edit, modify, quote, or reformat your User Content on the Site. You also grant us a perpetual non-exclusive worldwide royalty-free license to use, reproduce, adapt, publicly perform and publicly display your User Content on the Site and to promote the Site. Other than User Content or Third Party Content, we, and/or our software suppliers, own or license all text, graphics, logos, icons, images, photographs, audio clips, video clips, digital downloads, data compilations and software and such content is protected by U.S. and international copyright and other intellectual property rights. GREATPHOTORACE.COM's selection, coordination and arrangement of content on the Site are the exclusive property of GREATPHOTORACE.COM, and are protected as a compilation by U.S. and international copyright laws. All software used on the Site or in conjunction with its operation is the property of GREATPHOTORACE.COM and/or its software suppliers and is protected by U.S. and international copyright laws.
Your right to access and use the Site is subject to the following prohibitions:
Failure to abide by these restrictions may result in sanctions including termination of your user privileges on GREATPHOTORACE.COM and cancellation of your account, as well as legal sanctions, if applicable.
As a User, you must create an account to access certain features of the Site. You are responsible for making sure that your account is accurate and up-to-date, particularly if you change email providers. If you forget your password and do not have access to the email account that we have on file for you, you may not be able to gain access to your GREATPHOTORACE.COM account. You are also responsible for maintaining the confidentiality of your password and account. You are responsible for all activities that occur on your account, whether or not you authorize them. You acknowledge that we rely on your email address to keep you apprised of certain information on the Site. If we attempt to contact you and find that your email address is inoperable, your GREATPHOTORACE.COM account may be suspended. You are responsible for keeping your email address accurate and up-to-date.
You agree to manage your account in a safe and reasonable manner. You agree to notify GREATPHOTORACE.COM immediately of any unauthorized use of your password or account, or any other breach of security. You expressly agree that GREATPHOTORACE.COM will not be liable for any loss or damage arising from your failure to comply with these requirements.
We use all reasonable security measures to protect the loss, misuse and alteration of the information under our control. Although we make a good faith effort to store the non-public information collected by the Site in a secure operating environment that is not available to the public, we cannot guarantee complete security. Further, while we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party "hackers" from illegally accessing the Site.
If you live outside the United States, you understand and agree that GREATPHOTORACE.COM stores and processes your information on computers located in the United States, and by providing any data to GREATPHOTORACE.COM, you consent to the transfer of such information to the United States.
The Site contains links to third party websites that we do not own or control, including sites that may appear within User Content. GREATPHOTORACE.COM does not review or edit the content of any third party links, and GREATPHOTORACE.COM has no control over what happens at any third party website. GREATPHOTORACE.COM assumes no responsibility for the content, policies or practices of any third party websites. You expressly agree to release GREATPHOTORACE.COM from any liability that arises from your use of a third party website.
If you believe that any content on the Site infringes upon your copyrights, including but not limited to User Content, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing:
GREATPHOTORACE.COM's designated Copyright Agent to receive notifications of claimed infringement is: Tuan Ho, 3624 Green Park Ct, Lexington, KY 40509. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
The GREATPHOTORACE.COM website is not intended for children under the age of 18. By using the Site, you affirm that you are at least 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms and agree to comply with the Terms. If you are under 18, please do not post User Content or otherwise use this Site.
From time to time, GREATPHOTORACE.COM uses its users' email addresses to send the email notices about matters relating to the Site. Users are responsible to keep email addresses current. GREATPHOTORACE.COM shall not be responsible for any failure of notice due to an out-of-date email address.
GREATPHOTORACE.COM reserves the right to terminate your account or your access to and use of GREATPHOTORACE.COM's services at any time, at GREATPHOTORACE.COM's sole discretion for any reason, with or without cause. If you violate these Terms, GREATPHOTORACE.COM, in its sole discretion, may also require you to remedy any violation of the Terms, and/or take any other actions that we deem appropriate to enforce our rights and pursue all available remedies. We shall not be liable to you or any other person if we terminate your account or your access to or use of the Site.
THE SITE IS PROVIDED BY GREATPHOTORACE.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. GREATPHOTORACE.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCT DESCRIPTIONS OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GREATPHOTORACE.COM AND WEBATURES, LLC DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, GREATPHOTORACE.COM AND WEBATURES, LLC DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE ITS WEBSITE AND THE SERVICES, AND DO NOT WARRANT THAT THE PRODUCT DESCRIPTIONS OR OTHER CONTENT ON ITS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM GREATPHOTORACE.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES SHALL GREATPHOTORACE.COM OR WEBATURES, LLC BE LIABLE ON ACCOUNT OF YOUR USE OR MISUSE OF THE GREATPHOTORACE.COM WEBSITE OR THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE GREATPHOTORACE.COM WEBSITE OR THE SERVICES, FROM INABILITY TO USE THE GREATPHOTORACE.COM WEBSITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE GREATPHOTORACE.COM WEBSITE OR THE SERVICES, OR VIEWING THE PHOTOS IT HOSTS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. GREATPHOTORACE.COM CANNOT BE HELD LIABLE FOR THE ACCIDENTAL LOSS OF PHOTOS ON ITS SITE, OR THE COPYING OF PHOTOS BY ITS USERS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GREATPHOTORACE.COM OR THROUGH OR FROM THE GREATPHOTORACE.COM WEBSITE OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
THE LAWS OF CERTAIN COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to indemnify and hold GREATPHOTORACE.COM and WEBATURES, LLC, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, volunteer editors, volunteer moderators, service providers, and suppliers harmless from any dispute that may arise from your breach of the Terms or violation of any representations or warranties contained in the Terms. You also agree to hold said parties harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to any User Content you post on the Site.
You may access GREATPHOTORACE.COM content, including user content, only as permitted under the Terms. We reserve all rights not expressly granted in and to the Site. We reserve the right to discontinue any aspect of the Site at any time.
The Terms and this Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky, exclusive of its provisions on conflicts of laws. The Terms contain the entire agreement between you and us and govern your use of the Site. WEBATURES, LLC may also assign any rights and licenses granted in the Terms without restriction. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other GREATPHOTORACE.COM.com services, affiliate services, third-party content, or third-party software. In the case of inconsistencies between the Terms and any information included in off-line materials, the Terms shall take precedence. Any claim or dispute with GREATPHOTORACE.COM arising from your use of the Site shall be decided exclusively by a court of competent jurisdiction located in the Commonwealth of Kentucky. If any provision of the Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining Terms and shall not affect the validity and enforceability of any remaining provisions. You understand and agree that if you have any claim or dispute with the Site or GREATPHOTORACE.COM, you are required to initiate any cause of action arising from or related to your use of the Site within one year from the date that the dispute first occurred. If you fail to bring an action within that one year period, your claim against the Site and/or GREATPHOTORACE.COM is permanently barred.