TERMS OF USE
This website (hereafter "SITE") is owned and operated by DIRTSTAR PRODUCTIONS (hereafter “DIRTSTAR"), the manufacturer of DIRTSTAR and DIRTSTAR Army products and the provider of DIRTSTAR and DIRTSTAR Army services. These website terms and conditions apply solely to websites owned or operated by DIRTSTAR. Please note that certain other DIRTSTAR internet sites, products, and services may have additional terms and conditions regarding your use of those sites, product and services and nothing in these terms and conditions is intended to modify such additional terms and conditions. DIRTSTAR reserves the right to amend, change or modify these Terms and Conditions at any time, with or without notice to you. By using the Site after we post any such changes, you hereby agree to such modified terms. IF YOU DO NOT AGREE TO THESE WEBSITE TERMS AND CONDITIONS, THEN YOU MAY NOT USE THIS SITE.
LOCATION
This Site is operated by DIRTSTAR, from its offices in Salt Lake City, Utah, USA. DIRTSTAR makes no representation that content of the Site is appropriate or lawful in other territories or jurisdictions. Use or access of this Site from territories or jurisdictions where the Site or any of its content is illegal, unlawful, violates laws of obscenity or other laws is strictly prohibited. Those who choose to access this Site from other states or countries do so at their own risk and such users are solely responsible for compliance with applicable local laws.
SITE CONTENT
All text, images, software, graphics, logos, icons, photographs, images, illustrations, audio clips, video clips, design elements, copyrights, copyrightable materials, trademarks, trade dress and other Site content, (collectively referred to herein as the “SITE CONENT”) as well as the specific arrangement thereof, are the exclusive property of DIRTSTAR or its licensors. Copyright © 20092, DirtStar Productions, PO BOX 22272, SLC, UT 84122, USA. All rights reserved.
PERMISSIONS AND RESTRICTIONS ON YOUR USE
As a condition of your use of this Site, you warrant to DIRTSTAR that you will not use this Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. All other rights, including all rights of ownership, are reserved by DIRTSTAR.
Permission to make and internally use copies of the text, graphics, images, video and audio files and other information ("Content") from this site is granted subject to the following:
Your use of this Site is pursuant to a single-copy revocable license granted to you;
Any copies shall be used only for your internal, non-commercial use;
Any copies must include the following copyright notice:
"Copyright 2009 DirtStar Productions. All rights reserved";
Permission is granted only to the person legally accessing this server;
Permissions are not transferable to any other person.
Without the express prior written authorization of DIRTSTAR, you may not:
use any data mining robots ("bots"), hardware or software modules that add a specific feature or service by plugging into an existing larger system ("plug-ins"), or other data gathering and extraction tools, scripts, applications, or methods on this site;
use, modify, transmit, participate in the transfer or sale, create derivative works, copy, print, display, reproduce, distribute, manipulate, or publish any Content from this site, in whole or in part;
use any device, software, or hardware to bypass any operational element or to interfere, or attempt to interfere, with the proper function of this site, server or activities conducted therein;
take any action that imposes an unreasonable or disproportionately large load on this site or its network infrastructure or that adversely affects our systems or other customers;
decompile, reverse engineer, modify or disassemble, in whole or in part, any of the software in or associated with the network and/or server;
assign, transfer or export, or attempt to assign, transfer or export, the Site Content, in whole or in part, to another person; use the Site Content, in whole or in part, for any commercial purpose or public display, performance, sale, or rental remove any copyright notice or other proprietary notices from the Site Content;
use any meta tags or any other "hidden text" utilizing DIRTSTAR’s name or any DIRTSTAR trademark ;
create or post a link or a frame to any DIRTSTAR site;
frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, content or form) of DIRTSTAR or use any DIRTSTAR trademark except as set forth in the foregoing limited license in these terms and conditions; or otherwise exceed your limited access to the site as authorized by DIRTSTAR. You agree to prevent any unauthorized copying of the Site Content.
DIRTSTAR reserves the right to modify, reject or eliminate any information residing on or transmitted to its server that it, in its sole discretion, believes is unacceptable or in violation of these terms and conditions, and to suspend or end your access to services for any operational or governmental reason or violation of these terms and conditions. Unauthorized use of this site and/or data display by a person or entity that is not the authorized user of the account is illegal and DIRTSTAR reserves the right to take legal action.
In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. DIRTSTAR grants you no express or implied rights by way of your permitted downloading of copyrighted material.
The Content may contain other proprietary notices or describe products, services, processes or technologies owned by DIRTSTAR or third parties. Except for the foregoing limited license to make and internally use copies of the Content, nothing contained herein shall be construed as granting to the user a license under any copyright, trademark, patent or other intellectual property right of DIRTSTAR or any third party.
TRADEMARKS
DirtStar Army is a trademark of DirtStar Productions. The DirtStar Army service and product names in this site, and the other trademarks, designs used or displayed, logos, and service marks (collectively the "Trademarks") used in this site are the property of DirtStar Productions or their respective third party owners. Any use of trademarks, service marks, product names and company names or logos, including the reproduction, modification, distribution or republication of same without the prior written permission of DIRTSTAR, is strictly prohibited. All rights reserved. Nothing contained in this site should be construed as granting by implication, estoppel, or otherwise, a license or right of use of DirtStar Productions, DirtStar Army or any other Trademark displayed in the site without the prior written permission of DirtStar Productions or its respective owner.
GOVERNING LAW & SEVERABILITY
Except for trademark and copyright matters, which are governed by United States federal law, the foregoing provisions shall be governed by and construed in accordance with the substantive laws of the State of Utah, without regard to the principles of conflict of law thereof. The exclusive jurisdiction and venue for any dispute or litigation arising out of or related to the Site, its content, these Terms and Conditions or your use of the Site shall be the state or federal courts located in the County of Orange, California. Any rights not expressly granted herein are reserved by DIRTSTAR. If any part of this Agreement is for any reason found to be unenforceable, all other parts nevertheless remain enforceable. Failure of DIRTSTAR to enforce a right under these Terms and Conditions will not act as a waiver of that right or the ability to later assert that right relative to the particular situation involved. The above stated rules represent the entire understanding between each user of the DIRTSTAR Site, regarding each user's relationship with DIRTSTAR and supersedes any prior statements or representations.
REQUIREMENTS for linking to www.dirtstararmy.com
You may link to our site, subject to the following guidelines:
You must link only to our homepage, and not to pages within the site itself. (to prevent broken links)
You may use DirtStar approved banners and link buttons, or receive written permission for approval of alternate images in writing by contacting us at www.dirtstararmy.com/contact.
The DirtStar link must not appear connected to any other logos and graphics.
The DirtStar link must not be used in any way that implies an endorsement by DirtStar Production of any third party or their product or service.
You may only use a text hyperlink, and no use of the DirtStar logo or DirtStar artwork or graphics is permitted without written permission.
The DirtStar name must not be associated with unfair, deceptive or libelous advertising or commentary or used in any way that will tend to injure or compromise our professional reputation and corporate identity and policies.
Your text hyperlink must include the following company name: DirtStar Army. No stylization is permitted.
DISCLAIMER OF ENDORSEMENT
Reference herein to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier, distributor, shop, or otherwise does not constitute or imply its endorsement, sponsorship or recommendation by DirtStar. Product and service information is the sole responsibility of each individual vendor. We encourage you to be aware when you leave our site and to read the terms and conditions and privacy statements of each and every web site that you visit. We are not responsible for the practices or the content of such other web sites or Third Parties.
CONTENT ACCURACY
Content is for informational purposes only. Use at your own risk. Information posted is timely and accurate to the best of our abilities (including product models and availability, dealer locations, rider names, etc.); however, errors, typos, or misinformation may appear from time to time. We are not responsible for, and do not guarantee the performance of, goods and services provided by any third party to whose website we link.
DISCLAIMER OF LIABILITY
THE USER OF THIS SITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SERVER AND THE INTERNET GENERALLY. DIRTSTAR AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE CONTENT, INCLUDING BUT NOT LIMITED TO THE DOCUMENTATION AND RELATED GRAPHICS, ACCESSED FROM, OR VIA, THIS SERVER OR THE INTERNET, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. DIRTSTAR DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE SERVER OR OTHER MATERIAL ACCESSIBLE FROM THE SERVER. IN NO EVENT SHALL DIRTSTAR BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE CONTENT, THIS SERVER OR THE INTERNET GENERALLY.
Content on this site is for informational purposes only. Use all information at your own discretion and your own risk. Information is accurate and posted in a timely manner to the best of our ability; however errors typos or misinformation may appear from time to time. This includes product models, availability, dealer locations, rider names, etc. DirtStar is not responsible for and does not guarantee the performance of goods and services provide any any third party to which DirtStar links.
By using this site you agree, for yourself and on behalf of your heirs, assigns, personal representatives, and their next of kin, HEREBY RELEASE AND HOLD HARMLESS DIRTSTAR ARMY, DIRTSTAR PRODUCTIONS, AND DSA and any and all related entities, officers, directors, employees, other participants, sponsoring agencies, sponsors, volunteers, spectators, advertisers, and, if applicalble, owners and lessors of premises used to conduct the event (here and after referred to as "Releases"), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASES OR OTHERWISE.
The risk of injury from the activities involved in DIRTSTAR activities is significant, regardless of protective gear worn, experience, and precautions taken or instruction received. RIDE AT YOUR OWN RISK, as action sports are known to be hazardous, major accidents and injuries occur in most sports, including the potential for permanent paralysis and death. You agree to use protective gear self provided or provided by DIRTSTAR or releases. You understand that participation without protective gear significantly increases the potential for serious injury including death. While particular rules, equipment, and personal discipline may reduce the risk, the risk of serious injury does exist; and,
YOU KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLEGENCE OF THE RELEASES or others, and assume full responsibility for your participation; and you willingly agree to enforce and comply with the stated and customary terms and conditions for participation. If however, you observe any unusual significant hazard during your presence or participation, you will remove yourself from participation and bring such to the attention of the nearest official.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR RISK. NEITHER DIRTSTAR, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, SHAREHOLDERS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
EVENTS AND PROMOTIONS (BOTH LIVE AND ONLINE)
DIRTSTAR may, from time to time, randomly select a member of the DIRTSTAR mailing list to receive free goods. Promotions are valid only while supplies last. Recipients (and their parents, if a minor) shall be required to execute a release and consent document in favor of DIRTSTAR as a prerequisite to claiming any promotional items. By using this site you agree to release ownership of all participant images, photos, and videos taken by DSA or participants in DSA activities prior to, during, and immediately following any DIRTSTAR event, promotion, or activity to be used on miscellaneous marketing material, website, educational material, video productions without receiving compensation in any form, written or implied. DIRTSTAR, reserves the right to amend these rules at any time in its discretion. Winners are responsible for all taxes in connection herewith. The contest rules shall be interpreted according to the substantive laws of the State of Utah, without regard to choice of law principles. THIS PROMOTION IS VOID WHERE PROHIBITED OR WHERE PRIOR REGISTRATION OR OTHER FILINGS OR NOTICES ARE REQUIRED UNDER LAW.
NO PURCHASE NECESSARY.
CONTENT POSTING
You agree not to post or transmit through the Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without DIRTSTAR's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by you that in DIRTSTAR's discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted. You shall not use the Site to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on line services, whether or not such other services are competitive with DIRTSTAR. By submitting material to any public area of the Site, to private areas of the site through email or contact forms, in person to a representative of DirtStar, or including but not limited to chat rooms, you automatically grant (or warrant that the owner of such material has expressly granted) DIRTSTAR the royalty free, perpetual, irrevocable, non exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other user of the Site to access, view, store or reproduce the material for that user's personal use. You hereby grant DIRTSTAR the right to edit, copy, publish and distribute any material made available on the Site by you. DIRTSTAR shall have the right, but not the obligation, to monitor the content of the Site, including chat rooms and forums, to determine compliance with these Terms and Conditions or any operating rules established by DIRTSTAR and to satisfy any law, regulation or authorized government request. DIRTSTAR shall have the right in its discretion to edit, refuse to post or remove any material submitted to or posted on the Site. At its’ discretion, DirtStar may also restrict specific IP addresses from accessing the site. Without limiting the foregoing, DIRTSTAR shall have the right to remove, at any time and without notice to you, any material that DIRTSTAR, in its discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
TERMINATION
This agreement is effective until terminated by DIRTSTAR, at any time without notice. In the event of termination, you are no longer authorized to access this Site and the restrictions imposed on you with respect to the Site Content as well as the disclaimers and limitations of liabilities set forth in this agreement, shall survive.
PRIVACY CONCERNS
We respect the privacy of our users. We have established a separate privacy policy (accessible by a "Privacy" link on the Site) that sets forth some of the DIRTSTAR privacy issues, or you can contact us at: www.dirtstararmy.com/contact. for more information.
All text, images, graphics, logos, icons, design elements, trademarks, trade dress and other Site content, as well as the specific arrangement thereof, are Copyright © 2009, DirtStar Productions PO BOX 22272, SLC UT 84122, All Rights Reserved.