Terms

INTRODUCTION

Welcome to Swish Motorsports (“Swish”). Swish Motorsports was built by Mike Dayton, accountant by day, GT4 race car driver by night.

By accessing and using the Site, you agree to be bound by these Terms of Use (“Terms”). If you do not agree to these Terms, you may not access or use the Site.

TERMS OF USE

  1. Use of the Site. You may use the Site for lawful purposes only. You may not use the Site for any illegal or unauthorized purpose. You agree to comply with all applicable laws and regulations in your use of the Site.
  2. User Content. You may submit content to the Site, including but not limited to comments, reviews, photos, and videos (“User Content”). You are solely responsible for your User Content and the consequences of submitting and publishing your User Content on the Site.
  3. Prohibited Content. You may not submit any User Content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.
  4. Ownership of User Content. You retain ownership of your User Content. By submitting User Content to the Site, you grant Swish a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Site and Swish’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels.
  5. No Endorsement. Swish does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Swish expressly disclaims any and all liability in connection with User Content.

COPYRIGHT NOTICE

The Site and its contents, including but not limited to text, graphics, images, logos, and software, are owned by Swish and are protected by United States and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, any of the content, in whole or in part.

PRIVACY POLICY

Swish respects your privacy and is committed to protecting it through our compliance with this Privacy Policy. This Privacy Policy describes the types of information we may collect from you or that you may provide when you visit the Site and our practices for collecting, using, maintaining, protecting, and disclosing that information.

DISCLAIMER

The Site and its content are provided on an “as is” and “as available” basis. Swish makes no representations or warranties of any kind, express or implied, as to the operation of the Site or the information, content, materials, or products included on the Site. To the full extent permissible by applicable law, Swish disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Swish does not warrant that the Site, its servers, or e-mail sent from Swish are free of viruses or other harmful components. Swish will not be liable for any damages of any kind arising from the use of the Site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

LIMITATION OF LIABILITY

In no event shall Swish be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display of, or use of the Site or with the delay or inability to access, display or use the Site (including, but not limited to, your reliance upon opinions appearing on the Site; any computer viruses, information, software, linked sites, products, and services obtained through the Site; or otherwise arising out of the access to, display of, or use of the Site) whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if Swish has been advised of the possibility of such damages.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Swish, its officers, directors, employees, agents, licensors, and suppliers, from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms.

SEVERABILITY

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.