|
Your access
to and continued use of this Web Site constitutes your acceptance,
without limitation, of these simple English policies and disclaimers.
As referenced below, "We", "Us" or "Our"
includes Motorsports Group , LLC and all of its affiliates collectively.
Questions or notices concerning these Terms of
Use should be addressed to Us through our
Contact Us page.
The following describes the terms and
conditions (the "Terms and Conditions") on which we offer you the
information (including the Intellectual Property [as defined below]),
services and products on our web site and related web pages
(collectively, the "Services").
We reserve the right to modify, amend or
restate the Terms and Conditions from time to time with or without prior
notice.
Your use of this web site and any Services
after the posting of modifications to these Terms and Conditions will
constitute your acceptance of the Terms and Conditions as modified.
Use of this Web Site
You represent that you have read and agree to
be bound by the Terms and Conditions. You further agree to comply with
U.S. or other applicable law regarding the transmission of any
information obtained from the Services in accordance with the Terms and
Conditions, not to use the Services for illegal purposes, and not to
interfere or disrupt the networks connected to the Services.
Restrictions on Use
You may not use the Services for any illegal
purposes or in any manner inconsistent with the Terms and Conditions.
You agree to use the Services solely for your own noncommercial use and
benefit, and not for resale or other transfer or disposition to, or use
by or for the benefit of, any other person or entity.
You agree to promptly notify Us upon becoming
aware of any unauthorized access or use of the Services by any party or
any claim that the Services infringes upon any copyright, trademark or
other contractual, statutory or common law rights.
Further Restrictions on Use
YOU MAY NOT COPY, REPRODUCE, RECOMPILE,
DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY,
PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM, TRANSMIT OR IN
ANY WAY EXPLOIT ANY PART OF THE SERVICE, EXCEPT THAT YOU MAY DOWNLOAD
MATERIAL FROM THE SERVICE AND/OR MAKE ONE PRINT COPY FOR YOUR OWN
PERSONAL, NONCOMMERCIAL USE, PROVIDED THAT YOU RETAIN ALL COPYRIGHT AND
OTHER PROPRIETARY NOTICES.
YOU MAY NOT USE THE SERVICES IN ANY WAY TO
IMPROVE THE QUALITY OF ANY DATA SOLD OR CONTRIBUTED BY YOU TO ANY THIRD
PARTY. FURTHERMORE, YOU MAY NOT USE ANY OF OUR TRADEMARKS, TRADE NAMES
OR SERVICE MARKS IN ANY MANNER WHICH CREATES THE IMPRESSION THAT SUCH
NAMES AND MARKS BELONG TO OR ARE ASSOCIATED WITH YOU OR ARE USED WITH
OUR CONSENT, AND YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN
AND TO ANY OF THESE NAMES AND MARKS.
YOU WILL NOT USE THE SERVICES OR THE
INFORMATION CONTAINED THEREIN IN UNSOLICITED MAILINGS OR SPAM MATERIAL.
YOU WILL NOT USE ANY OF OUR TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN
UNSOLICITED MAILINGS OR SPAM MATERIAL.
YOU WILL NOT SPAM OR SEND UNSOLICITED MAILINGS
TO ANY PERSON OR ENTITY USING THE SERVICES. YOU AGREE TO COMPLY WITH ANY
OTHER APPLICABLE TERMS AND CONDITIONS.
Intellectual Property
This web site contains material which is
derived in whole or in part from materials supplied by Us and various
other sources. This web site, including but not limited to its text,
logos, content, photographs, flash animations, video, audio and graphics
(the "Intellectual Property"), is protected by copyrights, service
marks, international treaties and/or other proprietary rights and laws
of the U.S. and other countries. The Intellectual Property is also
protected as a collective work or compilation under U.S. copyright and
other laws and treaties. All individual articles, columns and other
elements making up the Services are also copyrighted works. You agree to
abide by all applicable copyright and other laws, as well as any
additional copyright notices or restrictions contained in the Services.
If you would like to make copies and/or
distribute certain information, please contact us.
No License Granted
You acquire absolutely no rights or licenses in
or to the Services and materials contained therein other than the
limited right to utilize the Services in accordance with the Terms and
Conditions. Should you choose to download content from the Services, you
must do so in accordance with the Terms and Conditions. Such download is
licensed to you by Us only for your own personal, noncommercial use in
accordance with the Terms and Conditions and does not transfer any other
rights to you.
Accuracy Disclaimer
We do not warrant or guarantee the accuracy,
quality, completeness, currency, or validity of any information on the
web site or linked from the web site. All information contained on this
web site has been obtained from sources believed by Us to be accurate
and reliable. The ads, press releases, and newsletters are also provided
by the identified organizations. We do not edit or control the
information We receive, although it may note obvious errors that have
been discovered. Due to the possibility of human and mechanical error,
We are not responsible for any errors or omissions.
Rights Reserved
All present and future rights in and to the
Intellectual Property and other proprietary rights of Us of any type
under the laws of any governmental authority, domestic or foreign,
including rights in and to all applications and registrations relating
to the Services (the "Intellectual Property Rights") shall, as between
you and Us, at all times be and remain the sole and exclusive property
of Us. All present and future rights in and title to the Services
(including the right to exploit the Services and any portions of the
Services over any present or future technology) are reserved to Us for
Our exclusive use. Except as specifically permitted by the Terms and
Conditions, you may not copy or make any use of the Services or any
portion thereof.
Liability Disclaimer
The material provided on this web site could
include technical inaccuracies or typographical errors and the web site
may be subject to periods of interruption. We may make changes or
improvements at anytime.
Limitation of Liability
While We endeavor to maintain the highest
professional quality of the Services We offer on Our web site, We cannot
be held responsible for any errors, defects, lost profits, or other
consequential damages arising from the use of this web site. We will not
be liable for any damages or injury, including but not limited to,
special or consequential damages that result from any failure of
performance, error, omission, interruption, defect, delay in operation
of transmission, or computer virus, the use of, or the inability to use,
the materials in the Services even if there is negligence by Us or an
authorized representative of Us; user has been advised of the
possibility of such damages. The above limitation or exclusion may not
apply to you to the extent that applicable law may not permit the
limitation or exclusion of liability for incidental or consequential
damages. Our total liability to you for all losses, damages, and causes
of action (in contract, tort (including without limitation, negligence,
or otherwise) will not exceed the amount you paid to Us to access the
Services.
Indemnification
You agree, to the extent permitted by
applicable law, to indemnify and hold Us, Our officers, directors,
owners, agents and employees harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due to or
arising out of your use of the Services, the violation of these Terms
and Conditions by you, or the infringement by you, or other user of the
Services using your computer, of any Intellectual Property or other
right of any person or entity. We reserves the right, at its own
expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you.
User Submissions to the Web Site
The Services may include message systems,
bulletin boards and/or chat rooms which may provide on-line
participation by and interaction among users. All remarks, suggestions,
ideas, graphics, or other information communicated to Us through Our
Services will become the property of Us. Without limitation, We will
have exclusive ownership of all present and future existing rights to
the User Submission of every kind and nature everywhere. We will be
entitled to use the User Submission for any purpose whatsoever
(consistent with the Privacy Policy then in effect), without
compensation to you or any other person sending the User Submission.
We do not control the postings of messages,
information or files to chat rooms and bulletin boards. Further, We have
no obligation to monitor chat rooms or bulletin boards or any other
postings of User Submissions.
All Submissions Are Subject to These Further
Conditions
Your use of the Services and submission of
material for publication on the pages of the web site are conditioned on
your adherence to the following policies:
You may not restrict or inhibit any other user
from using or enjoying any of the Services. You may not post or transmit
any unlawful, threatening, abusive, libelous, defamatory, obscene,
vulgar, pornographic, profane, indecent or racially, ethnically or
otherwise objectionable material of any kind, including without
limitation any transmissions constituting or encouraging conduct that
would constitute a criminal offense, give rise to civil liability or
otherwise violate any local, state, national or international law. You
may not post or transmit any information, software or other material
which violates or infringes upon the rights of others, including
material which is an invasion of privacy or publicity rights or which is
protected by intellectual property rights. You may not post or transmit
any information, software or other material which contains a virus or
other harmful component. You may not post, transmit or in any way
exploit any information, software or other material for commercial
purposes, or which contains commercial advertising. We reserve the right
at all times to disclose any information as necessary to satisfy any
law, regulation or governmental request, or to edit, refuse to post or
to remove any information or materials, in whole or in part, that in Our
sole discretion are objectionable or in violation of its Submission
policies.
Under no circumstances will We be required to
treat any Submission as confidential (subject to Privacy Policy then in
effect), and will not be liable for any ideas for its business
(including, without limitation, product or service ideas) and will not
incur any liability as a result of any similarities that may appear in
future We operations.
You acknowledge that you are solely responsible
for whatever material you submit, and you, not Us have full
responsibility for the Submission, including its legality, reliability,
appropriateness, originality, and copyright. Your communication of a
Submission is in all respects subject to the Terms and Conditions,
including without limitation those set forth in "Indemnification."
Links
The Services display links to other web sites
that are not owned or maintained by Us and which contain information
some people may find inappropriate or offensive. We has not reviewed
such web sites and are not responsible for the content thereof. The
inclusion of a link to such web site does not imply endorsement by Us.
Viewing of any web site linked to the Services is at your own risk.
Endorsement Disclaimer
We do not endorse, support, sanction, or verify
the information or material that is provided on this web site or linked
to this web site. Unless otherwise specifically indicated, We have no
affiliation with any of the organizations mentioned or described on the
web site, and We make no representations or warranties with regard to
those organizations. Nor do We endorse or affiliate itself with any of
the organizations that are linked to or from this web site.
Privacy Policy
Our current Privacy Policy is posted above and
is incorporated herein by reference. By using this web site, you
expressly consent to certain disclosures of your personally identifiable
and other personal information provided to you by Us to third parties,
and to use of your information by Us and third parties, to the extent
set forth in Our current Privacy Policy, unless you otherwise notify Us
in accordance with the Privacy Policy.
Policies Concerning Claims of Infringement
It is Our policy to respond expeditiously upon
receiving notice of claimed intellectual property infringement. We will
promptly process and investigate notices of alleged infringement and
will take appropriate actions under the Digital Millennium Copyright Act
and other applicable intellectual property laws.
All notices of copyright infringement should be
sent to Us.
Notices of copyright infringement should
contain the following information:
A physical or electronic signature of a person
authorized to act on behalf of the copyright owner that is allegedly
infringed. Identification of the copyrighted work claimed to have been
infringed. Identification of the material that is claimed to be
infringing or to be the subject of infringing activity and information
reasonably sufficient to permit We to locate the material. The address,
telephone number, or email address of the complaining party. A statement
that the complaining party has a good faith belief that use of the
material in the manner complained of is not authorized by the copyright
owner, its agent, or the law. A statement, under penalty of perjury,
that the information in the notification is accurate, and that the
complaining party is authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed. We reserves the right to
remove and/or disable access from the Service to web pages of repeat
infringers and reserves the right to terminate all account holders and
subscribers who are repeat infringers of intellectual property laws.
Access and Interference
Our web site contains robot exclusion headers
and you agree that you will not use any robot, spider, other automatic
device, or manual process to monitor or copy Our Intellectual Property
or any other content contained herein without Our prior written consent.
You agree that you will not use any device, software or routine to
interfere or attempt to interfere with the proper working of the
Services. You agree that you will not take any action that imposes an
unreasonable or disproportionately large load on Our infrastructure.
Access Outside the United States
We makes no representation that the materials
provided at this web site are appropriate or available for use in
locations outside of the United States, its territories and possessions.
If you use the Services from other locations, you are responsible for
compliance with applicable local laws.
As a courtesy to Our foreign users, We have
provided translation buttons for certain languages, that are designed
only to assist in providing the gist of the content of the site. The
translations are computer automated, have not been reviewed by Us, and
are provided by a third party service. Use of the translation buttons
fall under the terms and conditions of use of that third party
translation service.
General Disclaimer
We are not responsible for any direct,
indirect, incidental, consequential or any other damages arising out of
or in connection with the use of this web site or in reliance on the
information available on the web site. This includes any personal
injury, business interruption, loss of use, lost data, lost profits, or
any other pecuniary loss, whether in an action of contract, negligence,
or other tortuous action, even if We have been informed of the
possibility.
Miscellaneous
These Terms and Conditions will be governed and
be interpreted pursuant to the laws of the State of Florida, United
States of America, notwithstanding any principles of conflicts of law
and you hereby consent to the jurisdiction of such courts. If any part
of these Terms and Conditions is unlawful, void, or unenforceable, that
part will be deemed severable and will not affect the validity and
enforceability of any remaining provisions
Our failure to act with respect to a breach by
you or others does not waive Our right to act with respect to subsequent
or similar breaches. If We ask a third party to provide Services through
this web site, the provisions of this agreement shall apply to your use
of the Services, unless otherwise noted. We shall not be liable for any
delay or failure to perform resulting directly or indirectly from any
causes beyond Our reasonable control.
We may freely assign or update this agreement.
|
