TERMS OF SERVICE – MOTORSPORT.COM PRIME

Effective December 12, 2016

The following terms and conditions (“Terms”) apply only to Motorsport.com Prime, the subscription-only premium offering of Motorsport.com.

  1. Motorsport.com Prime offers three (3) Subscription Tiers for Motorsport.com Prime members. The following Subscription Tiers are offered by Motorsport.com Prime:
    1. PROSPECT – Thirty (30) day FREE trial offering to Motorsport.com Prime.
      • One month free trial (no commitments) – Take a trial run and experience Motorsport.com Prime’s customizable features free of charge with no obligations.
      • Customized menu and interface: Enjoy a fully customized menu and news feed that focuses only on your favorite teams, drivers, and series.
      • Ad free environment: Ad-free environment offers faster loading times, less clutter, and distraction free reading in Motorsport.com Prime’s open and comfortable interface.
    2. CONTENDER Monthly Subscription – A monthly-based subscription service to Motorsport.com Prime, including a free one (1) month trial subscription.
      • One month free trial (no commitments) – Take a trial run and experience Motorsport.com Prime’s customizable features free of charge with no obligations.
      • Customized menu and interface: Enjoy a fully customized menu and news feed that focuses only on your favorite teams, drivers, and series.
      • Ad free environment: Ad-free environment offers faster loading times, less clutter, and distraction free reading in Motorsport.com Prime’s open and comfortable interface.
      • Member discount: Become a member with Motorsport.com Prime and receive 20% off all items at Motorstore.com for the duration of the membership, including a $50 Amalgam gift card after a $500 spend.
      • Hi-Resolution Images: Experience Motorsport.com Prime’s full image library in stunning HD quality.
      • Digital access to GP Gazette Magazine
      • Giorgio Piola: Discover the work of renown motorsport artist Giorgio Piola and his complete 45-year illustrative evolution of Formula 1 and award-winning technical analysis.
    3. CHAMPIONS CLUB Yearly Subscription - A yearly-based subscription service to Motorsport.com Prime, including a free one (1) month trial subscription.
      • One month free trial (no commitments) – Take a trial run and experience Motorsport.com Prime’s customizable features free of charge with no obligations.
      • Customized menu and interface: Enjoy a fully customized menu and news feed that focuses only on your favorite teams, drivers, and series.
      • Ad free environment: Ad-free environment offers faster loading times, less clutter, and distraction free reading in Motorsport.com Prime’s open and comfortable interface.
      • Member discount: Become a member with Motorsport.com Prime and receive 25% off all items at Motorstore.com for the duration of the membership, including a $150 Amalgam gift card after a $1000 spend.
      • Hi-Resolution Images: Experience Motorsport.com Prime’s full image library in stunning HD quality.
      • Digital access to GP Gazette Magazine
      • Digital access to F1 Racing Magazine and a Giorgio Piola t-shirt.
      • Giorgio Piola: Discover the work of renown motorsport artist Giorgio Piola and his complete 45-year illustrative evolution of Formula 1 and award-winning technical analysis.
  2. Unless otherwise notified, subscriptions are automatically renewed at the Subscription Tier the user initially signed up for unless a cancellation is requested.
  3. Subscribers can cancel their subscription online.
  4. Subscription cancellations will prevent future billings on your account, but do not include refunds.
  5. Subscriptions run until expiry and are non-refundable.
  6. Your username and password are personal and should not be given out to other users.
  7. Giving out your login details to others may result in your ban and with no reimbursement.
  8. Please note that all Motorsport.com Prime services are offered for personal use only.
  9. This means that you may not download and/or republish and/or redistribute and/or store in a retrieval system any content (text, images or otherwise) from our websites, in whole or in part, without the express written permission of Motorsport.com.
  10. Please note that failing to respect the terms of our service may result in your immediate ban and with no reimbursement, while further legal action can be taken against you in serious cases of copyright infringement(s).
  11. Your personal information will only be used as set out in Motorsport Network’s privacy policy. Submitting your details indicates your consent, for the time being, that we may contact you about products and services that will be of interest to you via post or email. It’s your choice, you can opt-out at ANY time. Just click the unsubscribe link at the bottom of any of our emails or use the opt-out form in our privacy policy to tell us your preference when submitting your details; we will then NOT contact you again until you ask us to do so.

Subscriptions

Depending on your Subscription Tier described in the Pricing for Motorsport.com Prime (“Service”), your usage of the Service may be free or may require payment. If your usage of the Service requires payment, you agree to pay a Subscription Fee in advance either monthly or annually (“Billing Cycle”). Your Subscription will automatically renew at the end of each Billing Cycle with the same Subscription Fee. A cancellation or downgrade in Subscription Tier will be effective at the end of the current Billing Cycle after the date of cancellation. An upgrade in Subscription Tier will be effective immediately on the date of the change. A cancellation or downgrade in Subscription Tier is allowed only once per twenty-four (24) hour period.
A valid payment method, such as credit card, is required to process the payment for your Subscription. You shall provide Motorsport.com with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Motorsport.com to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Motorsport.com may provide a courtesy notice. You must provide an updated method of payment and Motorsport.com will charge for any unpaid Billing Cycles immediately. If such payment method is not provided within 30 days of the last unpaid Billing Cycle, Motorsport.com may terminate your Service per the Termination terms herein.

Fee Changes

Motorsport.com, in its sole discretion and at any time, may modify the features and capabilities of the Subscription Tiers and associated Subscription Fees. Such changes will be communicated to you with reasonable notice. Your prior Subscription Fee will be unmodified until the end of your current Billing Cycle.  A Subscription Fee change, if any, will become effective for your next Billing Cycle.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Termination

If you wish to terminate your account, you may do so at any time. No refund will be available for amounts paid through the end of the current Billing Cycle.
We may terminate or suspend your account and bar access to the Service for a breach of Terms by you. In addition, we may terminate our Service to you, for any reason, in which case, we will provide a reasonable notice of termination, and offer a pro-rata refund of the Subscription Fee from the date of termination to the end of the current Billing Cycle.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Motorsport.com and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account; b) a breach of these Terms, or c) Content posted on the Service.

Limitation Of Liability

In no event shall Motorsport.com, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any direct or indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of, or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Motorsport.com its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, or function without defects, or be secure, or be available at any particular time or location; b) any errors or defects will be corrected; or c) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions. Venue shall lie in Miami-Dade County, Florida.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide you reasonable notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use the Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.