1. Your Acceptance
- B. The Motorsport.com Website may contain links to third party websites that are not owned or controlled by Motorsport.com. Motorsport.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Motorsport.com will not and cannot censor or edit the content of any third-party site. By using the Motorsport.com Website, you expressly release Motorsport.com from any and all liability arising from your use of any third-party website.
- A. In order to access some features of the Motorsport.com Website, you will have to create a Motorsport.com member account, which is subject to a separate Motorsport.com Member Agreement, which can be accessed at www.Motorsport.com/info/member-agreement/. You may not use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Motorsport.com immediately of any breach of security or unauthorized use of your account.
- B. Although Motorsport.com will not be liable for your losses caused by any unauthorized use of your account; you may be liable for the losses of Motorsport.com or others due to such unauthorized use.
- A. You agree not to distribute in any medium any part of the Motorsport.com Website, including but not limited to User Submissions (defined below), without Motorsport.com's prior written authorization.
- B. You agree not to alter or modify any part of the Motorsport.com Website, including but not limited to the technologies it utilizes.
- C. You agree not to access User Submissions (defined below) or Motorsport.com content through any technology or means other than the pages of the Motorsport.com Website itself or other explicitly authorized means Motorsport.com may designate.
D. You agree not to use the Motorsport.com Website, including the Motorsport.com's embeddable video player for any commercial use, without the prior written authorization of Motorsport.com. Prohibited commercial uses include any of the following actions taken without Motorsport.com's express approval:
- sale of access to the Motorsport.com Website or its related services on another website;
- use of the Motorsport.com Website or its related services for the primary purpose of gaining advertising or subscription revenue;
- the sale of advertising, on the Motorsport.com Website or any third-party website, targeted to the content of specific User Submissions or Motorsport.com content;
- any use of the Motorsport.com Website or its related services that Motorsport.com finds, in its sole discretion, to use Motorsport.com's resources or User Submissions with the effect of competing with or displacing the market for Motorsport.com, Motorsport.com content, or its User Submissions.
- E. Permitted commercial uses include uploading an original video to Motorsport.com, or maintaining an original channel on Motorsport.com, to promote your business or racing team, subject to the terms of the Motorsport.com Member Agreement, and any other use that Motorsport.com expressly authorizes in writing.
- F. If you use the Motorsport.com embeddable player on your website, you must include a prominent link back to the Motorsport.com Website on the pages containing the embeddable player and you may not modify, build upon, or block any portion of Motorsport.com's embeddable player in any way.
- G. You agree not to use or launch any automated system, including without limitation, "robots", "spiders" or "offline readers", to generate artificial views of Video Content, or to otherwise access the Motorsport.com Website in a manner that sends more request messages to the Motorsport.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Motorsport.com grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Motorsport.com reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Motorsport.com Website, nor to use the communication systems provided by the Motorsport.com Website (e.g. discussion forums, comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Motorsport.com Website with respect to their User Submissions.
- I. Motorsport.com reserves the right to discontinue any aspect of the Motorsport.com Website at any time.
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Motorsport.com Website:
- A. The content on the Motorsport.com Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Motorsport.com, subject to copyright and other intellectual property rights under the law. Content on the Motorsport.com Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Motorsport.com reserves all rights not expressly granted in and to the Motorsport.com Website and its contents.
- B. You may access User Submissions solely for your information and personal use, or as otherwise intended through the normal functionality of the Motorsport.com Website.
- C. User comments are made available to you for your information and personal use solely as intended through the normal functionality of the Motorsport.com Website. User comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Motorsport.com Website or otherwise as prohibited under this Agreement.
- D. You may access Motorsport.com Content, User Submissions and other content only as permitted under this Agreement. Motorsport.com reserves all rights not expressly granted in and to the Motorsport.com Content and the Motorsport.com Website.
- E. You agree to not engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Motorsport.com Website for any commercial purposes.
- F. You agree not to circumvent, disable or otherwise interfere with security-related features of the Motorsport.com Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Motorsport.com Website or it’s Content.
- G. You understand that when using the Motorsport.com Website, you will be exposed to User Submissions from a variety of sources, and that Motorsport.com is not responsible for the accuracy, functionality, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Motorsport.com with respect thereto, and agree to indemnify and hold Motorsport.com, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Motorsport.com Website.
- B. Motorsport.com reserves the right to decide whether Content or a User Submission is appropriate for display on the Motorsport.com Website, and Motorsport.com may remove any User Submissions or Content at any time, without prior notice, in its sole discretion.
A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Motorsport.com's copyright department with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have 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; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Notifications of claimed infringement should be emailed to copyright@Motorsport.com. You acknowledge that if you fail to comply with all of the requirements of this Section 8(A), your DMCA notice may not be valid.
B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Miami, Florida, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
- If a counter-notice is received by Motorsport.com copyright department, Motorsport.com may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Motorsport.com's sole discretion.
8. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE MOTORSPORT.COM WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MOTORSPORT.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE MOTORSPORT.COM WEBSITE AND YOUR USE THEREOF. MOTORSPORT.COM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE MOTORSPORT.COM WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE MOTORSPORT.COM WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE MOTORSPORT.COM WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MOTORSPORT.COM WEBSITE. MOTORSPORT.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MOTORSPORT.COM WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MOTORSPORT.COM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
9. Limitation of Liability
IN NO EVENT SHALL MOTORSPORT.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE MOTORSPORT.COM WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE MOTORSPORT.COM WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE MOTORSPORT.COM WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MOTORSPORT.COM WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT MOTORSPORT.COM SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Motorsport.com Website is controlled and offered by Motorsport.com from its facilities in the United States of America. Motorsport.com makes no representations that the Motorsport.com Website is appropriate or available for use in other locations. Those who access or use the Motorsport.com Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.