LAST MODIFIED: February 16, 2024
What’s New in the Updated Terms of Use?
We, NASCARSTUDIOS.COM, have revised the Terms of Use for our current and future online and mobile websites, platforms, services, and applications owned or operated by NASCAR Digital Media, LLC, NASCARStudios.com and each of their respective parents and affiliates and the officers, directors, members, employees, advisors, subcontractors and agents (collectively, “NASCARSTUDIOS.COM”). Some of the key changes are summarized below, but please take the time to read the full Terms of Use. You accept and agree to be bound by these Terms of Use when you use NASCARSTUDIOS.COM, including without limitation, when you view or access content or videos on NASCARSTUDIOS.COM.
- Throughout we have revised these Terms to enhance readability and understanding.
IMPORTANT NOTICE: THESE TERMS OF USE INCLUDE A WAIVER OF CLASS ACTION RIGHTS.
Welcome to NASCARSTUDIOS.COM! NASCARSTUDIOS.COM includes this web site (including its sub-domains) and associated applications (such as mobile and other device applications) and other associated offerings that are owned, offered or operated by or on behalf of NASCAR Digital Media, LLC, NASCAR Enterprises, LLC and/or NASCAR.COM. Please read these terms and conditions of use (“Terms of Use”) carefully before using NASCARSTUDIOS.COM. Your access to and use of NASCARSTUDIOS.COM is subject to the following terms and conditions (including the NASCARSTUDIOS.COM Privacy Policy) and all applicable laws. By accessing and using NASCARSTUDIOS.COM, you signify your assent to these Terms of Use and the Privacy Policy (collectively, the “Agreement”). If you do not agree to these Terms of Use or the Privacy Policy please do not use NASCARSTUDIOS.COM. These Terms of Use may be amended or modified, or new conditions may be imposed, at any time. Any such changes or additions will be reflected by an update of this posting. Please check these Terms of Use periodically for changes. Your continued use of NASCARSTUDIOS.COM following the posting of changes to these terms (including the Privacy Policy) will mean you accept those changes.
TABLE OF CONTENTS
NASCARSTUDIOS.COM TERMS OF USE
Definitions.
General.
Changes in Terms.
Equipment.
Intellectual Property Rights of the NASCAR Entities.
Interactive Areas.
Submissions.
Publicly Available Participation.
User Conduct.
Advertisements and Promotions.
Disclaimer of Warranty; Limitation of Liability.
Indemnification.
Termination.
Governing Law.
Class Action Waiver.
Miscellaneous.
Notice of Infringement of Copyright.
Interpretation
Definitions.
NASCARSTUDIOS.COM is owned, operated and hosted by NASCAR Enterprises, LLC, NASCAR Event Management, LLC and NASCAR Digital Media, LLC. As used in this document, “NEL” refers to NASCAR Enterprises, LLC, “NEM” refers to NASCAR Event Management, LLC, “NDM” refers to NASCAR Digital Media, LLC and “NASCAR” refers to National Association for Stock Car Auto Racing, LLC. As used in this document, “NASCAR Entities” means NASCARSTUDIOS.COM, NEL, NEM, NDM, and each of their respective parents and affiliates and the officers, directors, members, employees, advisors, subcontractors and agents of the foregoing. As used in this document, (i) “Visitor” means a NASCARSTUDIOS.COM user that accesses the NASCARSTUDIOS.COM web pages and associated applications without registering and/or logging-in, (ii) “Member” means a NASCARSTUDIOS.COM user that is registered with and has an account (an “Account”) with NASCARSTUDIOS.COM, and (iii) “User” and/or “you(r)” means and includes Members and Visitors.
General.
These Terms of Use set forth the terms and conditions that apply to your use of NASCARSTUDIOS.COM. By using NASCARSTUDIOS.COM (other than to read these Terms of Use for the first time), you agree to comply with all of the terms and conditions hereof. In addition, you agree that any information collected in connection with your use of NASCARSTUDIOS.COM is subject to the NASCARSTUDIOS.COM Privacy Policy. The right to use NASCARSTUDIOS.COM is personal to you and is not transferable to any other person or entity. Without limiting the generality of the foregoing, if NASCARSTUDIOS.COM offers you applications (e.g., mobile device application) or other features to download, you may only use the application or feature on a device that you own or control and such right to use the application or other feature shall be limited, non-exclusive, non-sublicensable and non-transferable. You are responsible for all use of your Account (under any screen name or password) and for ensuring that all use of your Account complies fully with the provisions of this Agreement. You shall be responsible for protecting the confidentiality of your password(s), if any. You agree not to use the account, username, or password of another User at any time. You agree to notify NASCARSTUDIOS.COM and/or the NASCAR Entities immediately if you suspect any unauthorized use of your Account or access to your password. You are solely responsible for all use of your Account and/or password.
Changes in Terms.
The NASCAR Entities shall have the right at any time to change or discontinue any aspect or feature of NASCARSTUDIOS.COM, including, but not limited to, content, hours of availability, and equipment needed for access or use. The NASCAR Entities shall have the right at any time to change or modify the terms and conditions applicable to your use of NASCARSTUDIOS.COM, or any part pertaining to that, including these Terms of Use, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means determined by the NASCAR Entities, including, but not limited to, posting on and/or through NASCARSTUDIOS.COM, or by electronic or conventional mail, or by any other means by which you obtain notice. Any use of NASCARSTUDIOS.COM by you after such notice shall be deemed to constitute your acceptance of such changes, modifications, or additions.
Equipment.
You shall be responsible for obtaining and maintaining all telecommunication devices, computer hardware and other services and equipment needed for access to and use of NASCARSTUDIOS.COM and all charges related to it. In addition, certain features that make up NASCARSTUDIOS.COM (e.g., NASCARSTUDIOS.COM device applications) may operate on or in connection with various products and services provided by various third parties, such as third-party handsets, tablet devices, televisions, set top devices and other devices, and third party-provided Internet access services. Without limiting the generality of the disclaimers and limitations of liability stated elsewhere in this document, you acknowledge that the NASCAR Entities do not control such third parties or their products or services and that the NASCAR Entities shall not be responsible for such third parties or their products or services.
Intellectual Property Rights of the NASCAR Entities.
NASCARSTUDIOS.COM contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound. The entire contents of NASCARSTUDIOS.COM are copyrighted as a collective work under the United States copyright laws. The NASCAR Entities (and/or each of their parents and/or affiliates) own copyrights in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works of, or in any way similarly exploit, any of the content, in whole or in part. To the extent expressly permitted at certain parts of NASCARSTUDIOS.COM (if any), you may download copyrighted material for your personal non-commercial use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of the applicable NASCAR Entity and the copyright owner. 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. You acknowledge that you do not acquire any ownership rights by viewing or downloading copyrighted material. The NASCAR Entities and each of their parents, affiliates and content suppliers expressly reserve all ownership and other rights (including, but not limited to, intellectual property rights) in their respective materials and no such rights are transferred to you. NASCARSTUDIOS.COM, NEL, NEM, NDM, NASCAR, and each of their logos, are trademarks of NASCARSTUDIOS.COM and/or NASCAR. All rights reserved. All other trademarks appearing on NASCARSTUDIOS.COM are the property of their respective owners.
Interactive Areas.
NASCARSTUDIOS.COM may contain comments sections, discussion forums, bulletin boards, fantasy games or other interactive features (“Interactive Areas”) in which you may post or upload comments or user-generated content such as video, photos, messages, other content, materials or items (collectively, “User Content”). You are solely responsible for your use of any Interactive Areas and you use them at your own risk. Interactive Areas are available for individuals aged 13 years or older. By submitting User Content to an Interactive Area, you represent that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor or have obtained the legal consent of your parent or legal guardian to enter into this Agreement, submit content, participate on NASCARSTUDIOS.COM, and fulfill the obligations set forth in these Terms of Use, which form a binding contract between you and the NASCAR Entities.
Submissions.
By submitting Materials (defined below) to and/or via NASCARSTUDIOS.COM, and in exchange for good and valuable consideration, the sufficiency and receipt of which you now acknowledge, you now grant to the NASCAR Entities a non-exclusive, perpetual, royalty-free, fully-paid, worldwide license to edit, telecast, rerun, reproduce, use, create derivative works of, modify, syndicate, license, print, sublicense, distribute and otherwise exhibit the Materials you submit, or any portion pertaining to that, in any manner and in any medium or forum, whether now known or hereafter devised. For the purposes of these Terms of Use, “Materials” means and includes all data, information, images, video, audio, pictures, sounds, files and/or any other content, materials and/or intellectual property.
Please choose carefully the Materials you post or otherwise submit to NASCARSTUDIOS.COM and/or that you provide to other Users. Except with respect to personal information (e.g., DOB, address) that you submit as part of submitting a comment or request to NASCARSTUDIOS.COM, registering for an account on NASCARSTUDIOS.COM (which shall be maintained in accordance with the NASCARSTUDIOS.COM Privacy Policy), your submissions are non-confidential and the NASCAR Entities have no obligation to maintain the confidentiality of any Materials you submit. Without limiting the generality of the foregoing, Materials you choose to post and/or upload to NASCARSTUDIOS.COM will be viewed by other Users, so please do not post information, content or other Materials to which you do not wish other Users to have access.
You represent and warrant to the NASCAR Entities that: (i) you have the full legal right, power and authority to grant to the NASCAR Entities the license provided for in these Terms of Use; (ii) you own or control, or the owner(s) of such materials (and of all rights in that) has/have expressly granted you the right to submit and use, the Materials you submit; (iii) neither the Materials you submit nor the exercise of the rights granted in this text shall infringe upon or violate any rights of any third party, including, but not limited to, any intellectual property rights and/or any rights of privacy or publicity and that you have the consent of each and every identifiable natural person in any submission to use such person’s name and/or likeness in the manner contemplated by NASCARSTUDIOS.COM; (iv) any person who appears in your submission who is a current member of the Screen Actors Guild (SAG), the American Federation of Television and Radio Actors (AFTRA) or any other similar rights society or organization is not entitled to compensation by any of the NASCAR Entities; and (v) neither the Materials you submit nor the exercise of the rights granted in this text shall defame any other person or entity. Without limiting the foregoing, you agree to pay all royalties, fees, and any other monies owing any person or entity by reason of any Materials posted by you, to or through NASCARSTUDIOS.COM.
Any opinions, views, advice, statements, services, offers or other information or content expressed or made available by you or any third parties (e.g., other Users, professional information providers, etc.) are those of the respective author(s) or submitter(s) and not of the NASCAR Entities. THE NASCAR ENTITIES DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT, NOR ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Users are solely responsible for anything contained in their submissions, message board and/or chat sessions. The NASCAR Entities do not verify, endorse or otherwise vouch for the contents of any submission, message board or chat room. Users may be held legally liable for the contents of their submissions, message board and chat sessions, and may be held legally liable if their submissions or chat sessions include, for example, material protected by copyright, trademark, patent or trade secret law or other proprietary right without permission of the author or owner, or defamatory comments. The NASCAR Entities reserve the right, in each of their sole discretion, to reject, to refuse to post and/or to remove any posting (including private messages) by you, for any or no reason, with or without prior notice, and without liability on the part of the NASCAR Entities.
The NASCAR Entities do not accept or consider business and/or programming proposals and/or similar suggestions and/or materials (“Proposals”) other than those they have specifically requested. This is to avoid the possibility of future misunderstandings when projects independently developed by the NASCAR Entities might seem to others to be similar to their own proposals or suggestions. If you do send or post any Proposals, including related ideas, notes, drawings, concepts or other information, or if you transmit them through NASCARSTUDIOS.COM by electronic mail or otherwise, the Proposals shall be deemed, and shall remain, the property of the NASCAR Entities. None of the Proposals shall be subject to any obligation on the part of the NASCAR Entities to use the Proposals or keep them confidential and none of the NASCAR Entities shall be liable for any use or disclosure of any Proposals. The NASCAR Entities shall exclusively own any now known or hereafter existing rights to the Proposals of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Proposals for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Proposals.
Publicly Available Participation.
By participating in an Interactive Area, you acknowledge that the fact and elements of your participation will be publicly available on NASCARSTUDIOS.COM to other NASCARSTUDIOS.COM Users and may be included in the search results of Internet search engines (e.g., Google and Bing, etc.). For example, if you comment on a story, play a fantasy game, enter a public chat or interact with NASCARSTUDIOS.COM in any other way, unless otherwise noted, your interactions will be published live on the NASCARSTUDIOS.COM newsfeed and maintained in your public profile. If you do not want your participation listed on the news feed or included in the search results of Internet search engines, do not interact with NASCARSTUDIOS.COM.
User Conduct.
By viewing NASCARSTUDIOS.COM or participating in the Interactive Areas, you agree to the following:
A. Lawful Use. You shall use NASCARSTUDIOS.COM for lawful purposes only. You shall not post or transmit through NASCARSTUDIOS.COM any material that violates or infringes in any way the rights of others, that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or that, without the NASCAR Entities’ express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that, as determined by the NASCAR Entities in the NASCAR Entities’ discretion, restricts or inhibits any other User from using or enjoying NASCARSTUDIOS.COM will not be permitted. User shall not use NASCARSTUDIOS.COM to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of Users to become subscribers of other on-line information services competitive with NASCARSTUDIOS.COM.
B. Naming Policy. When selecting a display name for use on
NASCARSTUDIOS.COM web sites, you must abide by the following Naming Policy set forth below (and if NASCARSTUDIOS.COM changes it, you will abide by all changes after it is posted here.)
§ Names may not be offensive, sexually explicit, vulgar, racist, hateful, obscene, defamatory, or any other language that is offensive in nature (including common swear words, names concerned with anatomical references, and intentional misspellings, anagrams, combinations, and homonyms of these words).
§ Names may not be used that harass or damage the reputation of another user, the NASCAR Entities or any of the NASCAR Entities’ employees or agents.
§ Names may not be a name or handle of any of the NASCAR Entities’ employees or agents.
§ Names may not include any unlawful reference to trademarked names, materials or products.
§ Names may not incorporate names of other people, including drivers, crew chiefs, broadcast talent, actors, celebrities, or other personalities or individuals in a manner that creates confusion or false affiliation.
§ Names may not be religiously or historically sensitive.
§ Names may not have a title or rank within them suggesting affiliation with the NASCAR Entities.
§ Names may not contain a phrase, sentence, or any fragment of a sentence.
§ Names may not include any telephone numbers, credit card numbers, social security numbers, street addresses, or email/instant message addresses other than your own (and NASCARSTUDIOS.COM strongly recommends that you not use your own either).
§ Names may not use misspellings or alternative spellings of names that violate any of the rules above.
C. User Content. You shall not upload, post or otherwise make available on NASCARSTUDIOS.COM any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, intellectual property or proprietary rights, or any other harm resulting from such a submission.
D. User Rules of Conduct. Without limiting any other term listed, if you submit any User Content (including, but not limited to, any screen name) or participate in an Interactive Area within or in connection with NASCARSTUDIOS.COM, you agree to abide by the following Rules of Conduct:
§ You agree not to upload, post or otherwise transmit any User Content that violates or infringes in any way the rights of others, including any statements that may defame, harass, stalk or threaten others.
§ You agree not to upload, post or otherwise transmit any User Content that is offensive to the online community, including blatant expressions of bigotry, racism, abusiveness, vulgarity or profanity.
§ You agree not to upload, post or otherwise transmit any material that contains or advocates profane or obscene material as determined in the NASCAR Entities’ discretion.
§ You agree not to upload, post or otherwise transmit any User Content that violates any law or engage in activity that would constitute a criminal offense or give rise to a civil liability.
§ You agree not to upload, post or otherwise transmit any User Content that advocates or provides instruction on illegal activity or discuss illegal activities with the intent to commit them.
§ You agree not to upload, post or otherwise transmit User Content that does not generally pertain to the designated topic or theme of any Interactive Area.
§ You agree not to impersonate any person or entity, including, but not limited to, any of the NASCAR Entities, racing teams, racing or
NASCARSTUDIOS.COM sponsors, employees or associated persons, or falsely state or otherwise misrepresent your affiliation with any person or entity.
§ You agree not to interfere with any other User’s right to privacy, including by harvesting or collecting personally identifiable information about NASCARSTUDIOS.COM Users or posting private information about a third party.
§ You agree not to upload, post or otherwise transmit any User Content, software or other materials that contain a virus or other harmful or disruptive component.
§ You agree not to interfere with or disrupt NASCARSTUDIOS.COM or the servers or networks connected to NASCARSTUDIOS.COM, or disobey any requirements, procedures, policies or regulations of networks connected to NASCARSTUDIOS.COM.
§ You agree not to upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
§ You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of NASCARSTUDIOS.COM, use of NASCARSTUDIOS.COM, or access to NASCARSTUDIOS.COM.
Any conduct that the NASCAR Entities determine, in the NASCAR Entities’ sole discretion, restricts or inhibits anyone else from using or enjoying NASCARSTUDIOS.COM will not be permitted. The NASCAR Entities reserve the right in any of their sole discretion to remove or edit User Content by you and to terminate your Account for any reason. The NASCAR Entities are not responsible for User Content submitted to NASCARSTUDIOS.COM or posted in comments sections, chat rooms, on bulletin boards or on other Interactive Areas by users of NASCARSTUDIOS.COM.
E. Monitoring. The NASCAR Entities reserve the right, but have no obligation, to monitor the User Content and/or any other Materials posted in the Interactive Areas or any other areas of NASCARSTUDIOS.COM, including chat rooms, comments, newsfeeds and forums. The NASCAR Entities shall have the right in each of their sole discretion to remove or edit any User Content that violates or is alleged to violate any applicable law or the spirit of these Terms of Use. Notwithstanding this right of the NASCAR Entities, YOU REMAIN SOLELY RESPONSIBLE FOR THE USER CONTENT AND OTHER MATERIALS YOU POST IN THE INTERACTIVE AREAS AND/OR OTHER AREAS OF NASCARSTUDIOS.COM AND/OR IN YOUR PRIVATE MESSAGES. In no event shall any of the NASCAR Entities assume or have any liability or responsibility for any User Content or other User-submitted Materials or for any claims, damages or losses resulting from destruction, display, misuse or other use of such User Content or Materials.
F. Moral Rights. If it is determined that you retain moral rights (including rights of attribution or integrity) in the User Content, you now declare that: (a) you do not require that any personally identifying information be used in connection with the User Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the User Content by the NASCAR Entities, or any of their licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and (d) you forever release the NASCAR Entities and their respective licensees, successors and assigns, from any claims that you could otherwise assert against any of them by virtue of any such moral rights. You also permit any other user to access, view, store or reproduce the User Content for that user’s personal use.
G. Spamming is not allowed. The NASCAR Entities reserve the right to restrict the number of emails and/or other messages that a Member may send to other Members in any twenty-four hour period via NASCARSTUDIOS.COM features. If you breach these Terms of Use by sending unsolicited bulk email, comments, instant messages or other unsolicited communications of any kind through NASCARSTUDIOS.COM, you acknowledge that you will have caused substantial harm to the NASCAR Entities, but that the amount of such harm would be extremely difficult to measure. As a reasonable estimation of such harm, and without limiting any other rights or remedies available to the NASCAR Entities (whether at law, in equity or otherwise) you agree to pay the NASCAR Entities fifty dollars ($50) for each such unsolicited email or other unsolicited communication you send through NASCARSTUDIOS.COM features.
H. No Obligation. User Content submitted by you will be considered non-confidential and the NASCAR Entities are under no obligation to treat such User Content as proprietary information except pursuant to the NASCARSTUDIOS.COM Privacy Policy. Without limiting the foregoing, the NASCAR Entities reserve the right to use any User Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. The NASCAR Entities are under no obligation to edit, delete or otherwise modify User Content once it has been submitted to the NASCAR Entities. The NASCAR Entities shall have no duty to attribute authorship of User Content to you and shall not be obligated to enforce any form of attribution by third parties.
Advertisements and Promotions.
The NASCAR Entities may run advertisements and promotions from third parties on NASCARSTUDIOS.COM. As between user and NASCARSTUDIOS.COM, all revenue generated by such advertising is the property of the NASCAR Entities. Your business dealings or correspondence with, or participation in promotions of, advertisers other than the NASCAR Entities, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. The NASCAR Entities are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on NASCARSTUDIOS.COM.
The NASCAR Entities may offer you opportunities to vote in connection with certain events and to participate in contests, sweepstakes or other promotions. By participating in any such event, you signify your agreement to all special terms set forth on or in connection to the event as well as the terms of this Agreement.
Disclaimer of Warranty; Limitation of Liability.
A. YOU EXPRESSLY AGREE THAT YOUR USE OF
NASCARSTUDIOS.COM IS AT YOUR SOLE RISK. NEITHER THE NASCAR ENTITIES NOR ANY OF THEIR RESPECTIVE THIRD-PARTY CONTENT PROVIDERS, VENDORS OR LICENSORS WARRANT THAT NASCARSTUDIOS.COM WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF NASCARSTUDIOS.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED BY OR THROUGH NASCARSTUDIOS.COM.
B. NASCARSTUDIOS.COM, INCLUDING, WITHOUT LIMITATION, ANY DOWNLOADABLE SOFTWARE, 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 THESE TERMS OF USE.
C. USER SPECIFICALLY ACKNOWLEDGES THAT THE NASCAR ENTITIES AND THEIR RESPECTIVE THIRD-PARTY CONTENT PROVIDERS, VENDORS AND LICENSORS SHALL NOT IN ANY EVENT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
D. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL ANY NASCAR ENTITY, OR ITS PRESENT OR FUTURE PARENTS OR AFFILIATED COMPANIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING NASCARSTUDIOS.COM, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY CONTENT PROVIDERS, VENDORS AND LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF USE OF
NASCARSTUDIOS.COM OR ANY ALLEGED FAILURE OF
PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF NASCARSTUDIOS.COM, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON NASCARSTUDIOS.COM. USER NOW ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION APPLY TO ALL CONTENT AND FEATURES COMPRISING
NASCARSTUDIOS.COM. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF A NASCAR ENTITY, OR ITS PRESENT OR FUTURE PARENTS OR AFFILIATED COMPANIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING NASCARSTUDIOS.COM, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY CONTENT PROVIDERS, VENDORS AND LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT ANY NASCAR ENTITY, OR ITS PRESENT OR FUTURE PARENTS OR AFFILIATED COMPANIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING NASCARSTUDIOS.COM, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY CONTENT PROVIDERS, VENDORS AND LICENSORS ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF NASCARSTUDIOS.COM OR ANY OTHER THIRD PARTIES.
IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
E. UNLESS AND EXCEPT AS OTHERWISE SPECIFICALLY STATED WITHIN NASCARSTUDIOS.COM, AWARDS, SUCH AS BADGES, AND SIMILAR ITEMS PROVIDED BY NASCARSTUDIOS.COM, ARE PROVIDED FOR ENTERTAINMENT PURPOSES ONLY AND DO NOT HAVE MONETARY OR SIMILAR VALUE.
Indemnification.
You shall defend, indemnify and hold harmless the NASCAR Entities and their respective directors, officers, shareholders, members, employees, agents, third-party content providers, vendors and licensors from and against all claims, damages, losses and expenses, including attorneys’ fees, arising out of the use of
NASCARSTUDIOS.COM by You, and/or arising out of use of Your Account (whether or not by You), and/or arising out of Your other acts or omissions. The NASCAR Entities reserve the right to take over the exclusive defense of any claim for which any party is entitled to indemnification under this Section. In such event, you shall provide the NASCAR Entities with such cooperation as is reasonably requested by the NASCAR Entities.
Termination.
The NASCAR Entities may change, suspend or discontinue any aspect of NASCARSTUDIOS.COM at any time, including the availability of any feature, database, or content. The NASCAR Entities may also impose limits on certain features and services or restrict your access to parts or all of
NASCARSTUDIOS.COM without notice or liability at any time in the NASCAR Entities’ sole discretion, without prejudice to any legal or equitable remedies available to the NASCAR Entities, for any reason or purpose, including, but not limited to, conduct that the NASCAR Entities believe violates these Terms of Use or other policies or guidelines posted on NASCARSTUDIOS.COM or conduct that the NASCAR Entities believe is harmful to other customers, to the NASCAR Entities’ business, or to other information providers. Upon any termination of these Terms of Use, you shall immediately discontinue your use and access of
NASCARSTUDIOS.COM and destroy all materials obtained from it. The provisions reasonably necessary to effectuate the intent hereof post termination shall survive.
Governing Law.
The content, data, video, and all other material and features on
NASCARSTUDIOS.COM are presented for the purpose of providing entertainment, news and/or information and/or promoting programs, films, music, games, and other products and/or services that are or may become available in the United States, its territories, possessions, and protectorates.
Any and all disputes, claims and controversies arising out of or in connection with your access to, and/or use of NASCARSTUDIOS.COM, and/or the provision of content, services, and/or technology on or through NASCARSTUDIOS.COM shall be governed by and construed exclusively in accordance with the laws and decisions of the State of Florida applicable to contracts made, entered into and performed entirely in it, without giving effect to its conflict of laws provisions, and the courts in the State of Florida shall be the exclusive forum for any disputes.
Class Action Waiver.
PLEASE READ THIS SECTION CAREFULLY -- IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
You agree that you will not sue the NASCAR Entities as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any class, consolidated, or representative proceeding (existing or future) brought by any third-party against the NASCAR Entities. Nothing in this section, however, limits your rights to bring a lawsuit as an individual plaintiff.
If any court determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason, then the disputes, claims or controversies must be litigated in federal court located in Volusia County, Florida.
The terms of this provision will also apply to any claims asserted by you against any past, present or future parent or affiliated company of the NASCAR Entities, person or entity for whose actions the NASCAR Entities could be liable, or any person or entity involved in creating, producing or distributing NASCARSTUDIOS.COM, including, without limitation, third-party content providers, vendors and licensors, to the extent that any such claims arise out of your access to, and/or use of NASCARSTUDIOS.COM, and/or the provision of content, services, and/or technology on or through NASCARSTUDIOS.COM.
Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff in court.
Miscellaneous.
These Terms of Use, including the Privacy Policy, and any operating rules for NASCARSTUDIOS.COM established by the NASCAR Entities, constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of these Terms of Use are for the benefit of the NASCAR Entities, present or future parent or affiliated companies of the NASCAR Entities, and any person or entity involved in creating, producing or distributing NASCARSTUDIOS.COM, including, without limitation, third-party content providers, vendors and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. If you access NASCARSTUDIOS.COM, including its Interactive Areas, from any location other than the United States, you accept full responsibility for compliance with all local laws. You are also subject to United States export controls and are responsible for any violations of United States embargoes or other federal rules and regulations restricting exports. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of these Terms of Use is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these Terms of Use will remain binding upon the parties. The section headings used in this text are for convenience only and shall not be given any legal import.
Neither the NASCAR Entities nor you shall be liable for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, terrorism, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
Notice of Infringement of Copyright.
The NASCAR Entities respect the rights of all copyright holders and in this regard, the NASCAR Entities have adopted and implemented a policy that provides for the termination in appropriate circumstances of Users and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the NASCAR Entities’ Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. Section 512:
A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
B. Identification of the copyright 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;
C. 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 us to locate the material;
D. Information reasonably sufficient to permit us to contact the complaining party;
E. 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; and
F. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries under the Digital Millennium Copyright Act please contact: [email protected]
Interpretation
For purposes of this Agreement, (a) the words “include,” “includes” and “including” are deemed to be followed by the words “without limitation”; (b) the word “or” is not exclusive (e.g., for a list of two alternatives, “or” means either of those alternatives or both alternatives); (c) words denoting the singular have a comparable meaning when used in the plural, and vice-versa.
Copyright Agent - NASCAR Legal Department
One Daytona Boulevard
Daytona Beach, Florida
Email: [email protected]