Atar Racing Website Terms of Use

Legal Information & Notices

Ownership of Site; Agreement to Terms of Use

These Terms of Use (the “Terms of Use”) apply to the Atar Racing web site located at www.atarracing.com, and all associated sites linked to www.atarracing.com by Atar Protech, its subsidiaries and affiliates, including Atar Racing sites around the world (collectively, the “Site”). The Site is the property of Atar Protech SDN BHD. (“Atar Racing”) and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF US; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Atar Racing reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use periodically for changes. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Atar Racing grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Atar Racing, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Atar Racing's express prior written consent.

You may use information on Atar Racing products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Atar Racing for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

Your Use of the Site

You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Atar Racing reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other server, or any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Atar Racing, including any Atar Racing account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Atar Racing's systems or networks, or any systems or networks connected to the Site or to Atar Racing.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Atar Racing on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Atar Racing or others.

Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

Atar Racing's obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

Atar Racing may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Atar Racing makes no commitment to update the materials on the Site with respect to such products and services.

The following terms also govern and apply to your use of the Site, and they are incorporated herein by this reference:

Guidelines for Using Atar Racing Trademarks and Copyrights

These guidelines are for Atar Racing licensees, authorized resellers, developers, customers, and other parties wishing to use Atar Racing's trademarks, service marks or images in promotional, advertising, instructional, or reference materials, or on their web sites, products, labels, or packaging. Use of the Atar Racing Logo for commercial purposes without the prior written consent of Atar Racing may constitute trademark infringement and unfair competition in violation of federal and state laws. Use of Atar Racing trademarks may be prohibited, unless expressly authorized.

If you are a licensee of an Atar Racing trademark or logo and have been provided with special trademark usage guidelines with your license agreement, please follow those guidelines. If your license agreement does not provide usage guidelines, then follow these guidelines. If you are an Atar Racing Authorized Reseller or member of an Atar Racing program, you may be subject to additional restrictions.

Atar Racing's trademarks, service marks, trade names, and trade dress are valuable assets. In following these guidelines, you help us protect our valuable trademark rights and strengthen our corporate and brand identities. By using an Atar Racing trademark, in whole or in part, you are acknowledging that Atar Racing is the sole owner of the trademark and promising that you will not interfere with Atar Racing's rights in the trademark, including challenging Atar Racing's use, registration of, or application to register such trademark, alone or in combination with other words, anywhere in the world, and that you will not harm, misuse, or bring into disrepute any Atar Racing trademark. The goodwill derived from using any part of an Atar Racing trademark exclusively inures to the benefit of and belongs to Atar Racing. Except for the limited right to use as expressly permitted under these Guidelines, no other rights of any kind are granted hereunder, by implication or otherwise. If you have any questions regarding these guidelines, please talk to your Atar Racing representative or submit your query to Atar Racing's Trademark Department.

Authorized Use of Atar Racing Trademarks

Advertising, Promotional, and Sales Materials: Only Atar Racing and its authorized resellers and licensees may use the Atar Racing Logo in advertising, promotional, and sales materials. Such authorized parties may use the Atar Racing Logo only as specified in their agreement with Atar Racing and any associated Guidelines and such use must always be in conjunction with the appropriate terms that define the relationship authorized by their contract with Atar Racing. For example:
- Authorized Dealer
- Authorized Pro Dealer
Compatibility: Developers may use Atar Racing, Agōn, Moira, or any other Atar Racing word mark (but not the Atar Racing Logo or other Atar Racing-owned graphic symbol/logo) in a referential phrase on packaging or promotional/advertising materials to describe that the third party product is compatible with the referenced Atar Racing product or technology, provided they comply with the following requirements.
1. The Atar Racing word mark is not part of the product name.
2. The Atar Racing word mark is used in a referential phrase such as “runs on,” “for use with,” “for,” or “compatible with.”
3. The Atar Racing word mark appears less prominent than the product name.
4. The product is in fact compatible with, or otherwise works with, the referenced Atar Racing product.
5. The reference to Atar Racing does not create a sense of endorsement, sponsorship, or false association with Atar Racing or Atar Racing products or services.
6. The use does not show Atar Racing or its products in a false or derogatory light.
Publications, Seminars, and Conferences: You may use an Atar Racing word mark in connection with book titles, magazines, periodicals, seminars, or conferences provided you comply with the following requirements:
1. The use is referential and less prominent than the rest of the title. Acceptable: XYZ CONFERENCE for Atar Racing Users.
2. The use reflects favorably on both Atar Racing and Atar Racing products or technology.
3. Your name and logo appear more prominent than the Atar Racing word mark on all printed materials related to the publication, seminar or conference.
4. The Atar Racing logo or any other Atar Racing-owned graphic symbol, logo, icon or image does not appear on or in the publication or on any materials related to the publication, seminar, or conference without express written permission from Atar Racing.
5. A disclaimer of sponsorship, affiliation, or endorsement by Atar Racing, similar to the following, is included on the publication and on all related printed materials: “(Title) is an independent (publication) and has not been authorized, sponsored, or otherwise approved by Atar Protech SDN BHD.”
6. A trademark attribution notice is included in the credit section giving notice of Atar Racing's ownership of its trademark(s). Please refer to the section below titled “Proper Trademark Notice and Attribution.”
Web Sites: Websites that serve only as noncommercial electronic informational forums concerning an Atar Racing product or technology may use the appropriate Atar racing word mark, provided such use complies with the guidelines set forth in Section 3 above.

Unauthorized Use of Atar Racing Trademarks

Company, Product, or Service Name: You may not use or register, in whole or in part, Atar, Atar Racing, Agōn, Moira, Kleos, or any other Atar Racing trademark, including Atar Racing-owned graphic symbols, logos, icons, or an alteration thereof, as or as part of a company name, trade name, product name, or service name except as specifically noted in these guidelines.
Atar Racing Logo and Atar Racing-owned Graphic Symbols: You may not use the Atar Racing Logo or any other Atar Racing-owned graphic symbol, logo, or icon on or in connection with web sites, products, packaging, manuals, promotional/advertising materials, or for any other purpose except pursuant to an express written trademark license from Atar Racing, such as a reseller agreement.
Variations, Takeoffs or Abbreviations: You may not use any variation of the Atar Racing logo for any purpose. Third parties cannot use a variation, phonetic equivalent, foreign language equivalent, takeoff, or abbreviation of an Atar Racing trademark for any purpose. For example:
- Not acceptable: Atarr Racing , Attar Racing , Atar Mobile , Atar Mart
Disparaging Manner: You may not use an Atar Racing trademark or any other Atar Racing-owned graphic symbol, logo, icon or image in a disparaging manner.
Endorsement or Sponsorship: You may not use Atar, Atar Racing, Agōn, Moira, Kleos, or any other Atar Racing trademark, including Atar Racing-owned graphic symbols/logos, or icons, in a manner that would imply Atar Racing's affiliation with or endorsement, sponsorship, or support of a third party product or service.
Merchandise Items: You may not manufacture, sell or give-away merchandise items, such as T-shirts and mugs, bearing Atar, Atar Racing, Agōn, Moira, Kleos, or any other Atar Racing trademark, including symbols, logos, or icons, except pursuant to an express written trademark license from Atar Racing.
Atar Racing's Trade Dress: You may not imitate the distinctive Atar Racing packaging, web site design, logos, or typefaces.
Slogans and Taglines: You may not use or imitate an Atar Racing slogan or tagline.
Domain Names: You may not use an identical or virtually identical Atar Racing trademark as a second level domain name. Not acceptable: “agōn.com” “atarmoira.com” “atar-exhaust.com” “atarmart.com”

Rulse for Proper Use of Atar Racing Trademarks

Trademarks are adjectives used to modify nouns; the noun is the generic name of a product or service.
As adjectives, trademarks may not be used in the plural or possessive form. Correct: I received one set of Atar Racing exhaust.
Always spell and capitalize Atar Racing's trademarks exactly as they are. Do not shorten or abbreviate Atar Racing product names. Do not make up names that contain Atar Racing trademarks.

Depictions of Atar Racing Products

Endorsement or Sponsorship: Atar Racing does not support the use of its logos, company names, product names, or images of Atar Racing products by other parties in marketing, promotional or advertising materials as their use may create the perception that Atar Racing endorses or sponsors the product, service or promotion.
Compatibility: If you are a developer, you may show an image of an Atar Racing product in your promotional/advertising materials to depict that your product is compatible with, or otherwise works with, the Atar Racing product or technology, provided you comply with the following requirements:
1. Your product is in fact compatible with, or otherwise works with, the referenced Atar Racing product.
2. The image is an actual photograph of the genuine Atar Racing product and not an artist's rendering (Note: You must obtain express written permission from Atar Racing before using any photograph owned or licensed by Atar Racing).
3. The Atar Racing product is shown only in the best light, in a manner or context that reflects favorably on the Atar Racing products and on Atar Protech SDN BHD.
4. The reference to Atar Racing does not create a sense of endorsement or sponsorship by, or other false association with Atar Racing or Atar Racing products or services.

For further information with respect to Atar Racing's copyrights, please submit your request in writing to the copyright team.

Intellectual Property

Atar Racing's innovation is embodied in its Intellectual Property, including Patents, Trademarks, and Copyrights. To learn more about Atar Racing's Intellectual Property policies, please contact us at atar.review@hotmail.com.

Piracy of Atar Racing Services and Counterfeit or Knockoff Products

Report suspected piracy of Atar Racing services or counterfeit/knockoff products, or other forms of suspected infringement of Atar Racing intellectual property. Please contact us at atar.review@hotmail.com. with the following detail:

First Name:
Last Name:
Email:
Phone Number(Optional):
Which Atar Racing product or service do you suspect has been pirated and/or counterfeited?:
Please Provide information about the suspected piracy that you saw:

Rights and Permissions

If you have any questions concerning the use of Atar Racing trademarks and/or the licensing of Atar Racing copyrighted material (e.g., photographs, video footage, Atar Racing advertisements or other Atar Racing materials), please refer to Atar Racing's Guidelines for Using Atar Racing Trademarks and Copyrights, or email us atar.review@hotmail.com.

Unsolicited Idea Submission Policy

Atar Racing and its employees and contractors do not accept, review or consider any unsolicited ideas, works, materials, proposals, suggestions, artwork, content or the like, including for advertising campaigns, promotions, products, services, technologies, product enhancements, processes, marketing strategies, product names, content or creative materials (all of the foregoing “submissions”). Please do not send or provide any submissions in any form to Atar Racing or any of its employees or contractors.

The purpose of this policy is to avoid potential misunderstandings or disputes when Atar Racing's products, services, technologies, advertising, promotions, marketing strategies or content might seem similar to submissions provided to Atar Racing. If, despite our request that you not send us your submissions, you still submit them, then regardless of what your correspondence says, the following terms will apply to your submissions.

Terms of Idea Submission

You agree that: (1) your submissions and their contents along with related intellectual property rights will automatically become the property of Atar Racing, without any compensation to you; (2) Atar Racing may use or redistribute the submissions and their contents for any purpose and in any way on an unrestricted basis; (3) there is no obligation for Atar Racing to review the submissions; and (4) there is no obligation to keep any submissions confidential.

Product Feedback

Atar Racing does, however, welcome your feedback regarding many areas of Atar Racing's existing business. If you want to send us feedback, we request that you use the forms located at www.atarracing.com/feedback, where you can choose from the many listed areas for your feedback. Please provide only specific feedback on Atar Racing's existing products, services and marketing strategies using those forms; and do not send or provide any submissions other than using those forms.

Feedback and Information

Any feedback you provide at this site will be deemed to be non-confidential and not proprietary. Atar Racing will be free to use and redistribute such information on an unrestricted basis, without any compensation to you.

Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.

Accounts, Passwords and Security

Certain features or services offered on or through the Site may require you to open an account (including setting up an Atar Racing Account and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Atar Racing immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Atar Racing or any other user of or visitor to the Site due to someone else using your Atar Racing Account, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else's Atar Racing Account, password or account at any time without the express permission and consent of the holder of that Atar Racing Account, password or account. Atar Racing cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Links to Other Sites and to the Atar Racing Site

This Site may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Atar Racing's control, and Atar Racing is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers

ATAR RACING DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ATAR RACING CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. ATAR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ATAR RACING DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY ATAR RACING SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST ATAR RACING FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Atar Racing reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by law, in no event will Atar Racing be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Atar Racing has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, Atar Racing is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Atar Racing's liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Atar Racing (but not including the purchase price for any Atar Racing products or any similar support program), or (2) RM200.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity

You agree to indemnify and hold Atar Racing, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against Atar Racing by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use

Atar Racing may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Atar Racing's rights or property, or the rights or property of visitors to or users of the Site, including Atar Racing's customers. Atar Racing reserves the right at all times to disclose any information that Atar Racing deems necessary to comply with any applicable law, regulation, legal process or governmental request. Atar Racing also may disclose your information when Atar Racing determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Atar Racing may preserve any transmittal or communication by you with Atar Racing through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Atar Racing determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Atar Racing, its employees, users of or visitors to the Site, and the public.

You agree that Atar Racing may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Atar Racing, for which monetary damages would be inadequate, and you consent to Atar Racing obtaining any injunctive or equitable relief that Atar Racing deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Atar Racing may have at law or in equity.

You agree that Atar Racing may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If Atar Racing does take any legal action against you as a result of your violation of these Terms of Use, Atar Racing will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Atar Racing. You agree that Atar Racing will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Void Where Prohibited

Atar Racing administers and operates the www.atarracing.com Site from its location in Melaka, Malaysia; other Atar Racing sites may be administered and operated from various locations outside Malaysia. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside Malaysia. Atar Racing reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside Malaysia, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation Malaysia export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Atar Racing with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Atar Racing with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with Atar Racing, Atar Racing will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Atar Racing's failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Atar Racing of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Atar Racing and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Atar Racing provides access to Atar Racing international data and, therefore, may contain references or cross references to Atar Racing products, programs and services that are not announced in your country. Such reference does not imply that Atar Racing in your country intends to announce such products, programs or services.

Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential and not proprietary. Atar Racing will be free to use and redistribute such information on an unrestricted basis, without any compensation to you.

The information contained in this web site is subject to change without notice.