1. Definitions. RACING-REFERENCE.INFO is operated by NASCAR Digital Media, LLC on behalf of the National Association for Stock Car Auto Racing, Inc. As used in this document, (i) "Member" means a RACING-REFERENCE.INFO user that is registered with and has an account (an "Account") with RACING-REFERENCE.INFO; (ii) "NASCAR" refers to the National Association for Stock Car Auto Racing, Inc.; (iii) "NDM" refers to NASCAR Digital Media, LLC; (iv) "RRI Parties" refers to RACING-REFERENCE.INFO, NDM and NASCAR; (v) "Visitor" means a RACING-REFERENCE.INFO user that accesses the RACING-REFERENCE.INFO web pages and associated applications without registering and/or logging-in; and (vi) "User" and/or "you(r)" means and includes Members and Visitors.
3. Changes in Terms. RACING REFERENCE.INFO shall have the right at any time to change or discontinue any aspect or feature of our website, including, but not limited to, content, hours of availability, and equipment needed for access or use. RACING-REFERENCE.INFO shall have the right at any time to change or modify the terms and conditions applicable to your use of the site, or to impose new terms and conditions in its discretion. Any use of RACING-REFERENCE.INFO by you after such notice shall be deemed to constitute your acceptance of such changes, modifications or additions.
4. 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 RACING-REFERENCE.INFO and all charges related thereto.
5. Intellectual Property Rights. RACING-REFERENCE.INFO 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 RACING-REFERENCE.INFO are copyrighted as a collective work under the United States copyright laws. NDM (and/or its parent 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 RACING-REFERENCE.INFO (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 RACING-REFERENCE.INFO 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. NDM and its parent, 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. NDM, NASCAR and RACING-REFERENCE.INFO, and each of their logos, are trademarks of NASCAR. All rights reserved. All other trademarks appearing on RACING-REFERENCE.INFO are the property of their respective owners.
RACING-REFERENCE.INFO does not accept or consider business and/or programming proposals and/or similar suggestions and/or materials ("Proposals") other than those we have specifically requested. If you do send or post any Proposals, including related ideas, notes, drawings, concepts or other information, or if you transmit them through RACING-REFERENCE.INFO by electronic mail or otherwise, the Proposals shall be deemed, and shall remain, the property of NDM.
8. Publicly Available Participation. By participating in an Interactive Area, you acknowledge that the fact and elements of your participation will be publicly available on RACING-REFERENCE.INFO to other RACING-REFERENCE.INFO 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, enter a public chat or interact with RACING-REFERENCE.INFO in any other way, unless otherwise noted, your interactions will be published live on the RACING-REFERENCE.INFO 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 RACING-REFERENCE.INFO.
9. User Conduct. By viewing RACING-REFERENCE.INFO or participating in the Interactive Areas, you agree to the following:
A. Lawful Use. You shall use RACING-REFERENCE.INFO for lawful purposes only. You shall not post or transmit through RACING-REFERENCE.INFO 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 express prior approval of RACING-REFERENCE.INFO, contains advertising or any solicitation with respect to products or services. Any conduct by a User that, as determined by RACING-REFERENCE.INFO in its discretion, restricts or inhibits any other User from using or enjoying RACING-REFERENCE.INFO will not be permitted. User shall not use RACING-REFERENCE.INFO 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 RACING-REFERENCE.INFO.
B. Naming Policy. When selecting a display name for use on RACING-REFERENCE.INFO web sites, you must abide by the following Naming Policy set forth below (and if RACING-REFERENCE.INFO 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.
§ 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 RACING-REFERENCE.INFO, NDM, or NASCAR.
§ 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 RACING-REFERENCE.INFO 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 RACING-REFERENCE.INFO 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 herein, 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 RACING-REFERENCE.INFO, 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 discretion of RACING-REFERENCE.INFO.
§ You agree not to upload, post or otherwise transmit any User Content that violates any law or engages 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 RACING-REFERENCE.INFO, NDM, racing teams, racing or NASCAR sponsors, employee 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 RACING-REFERENCE.INFO 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 RACING-REFERENCE.INFO or the servers or networks connected to RACING-REFERENCE.INFO, or disobey any requirements, procedures, policies or regulations of networks connected to RACING-REFERENCE.INFO.
§ 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 RACING-REFERENCE.INFO, use of RACING-REFERENCE.INFO, or access to RACING-REFERENCE.INFO.
Any conduct that RACING-REFERENCE.INFO determines, in its sole discretion, restricts or inhibits anyone else from using or enjoying RACING-REFERENCE.INFO will not be permitted. RACING-REFERENCE.INFO reserves the right in its sole discretion to remove or edit User Content by you and to terminate your Account for any reason. RACING-REFERENCE.INFO is not responsible for User Content submitted to RACING-REFERENCE.INFO or posted in comments sections, chat rooms, on bulletin boards or on other Interactive Areas by users of RACING-REFERENCE.INFO.
F. Moral Rights. If it is determined that you retain moral rights (including rights of attribution or integrity) in the User Content, you hereby 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 RACING-REFERENCE.INFO, or its 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 RACING-REFERENCE.INFO and its 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. RACING-REFERENCE.INFO reserves the right to restrict the number of emails and/or other messages that a Member may send to other Members or post on the site in any 24-hour period via RACING-REFERENCE.INFO features.
10. Blogging Rules and Guidelines.
Try to be informative with your blog entries. Blogs aren't required to always be cheerful and positive, but endlessly bashing a driver that you don't like isn't likely to hold people's interest for very long.
You are responsible for the content of your blog, and that content must be your own and not plagiarized or stolen from someone else. If you quote from somebody else's work, please give them credit. You are permitted to post links to other sites in your blog - as long as they are relevant links.
RACING-REFERENCE.INFO reserves the right to review all blog posts submitted to RACING-REFERENCE.INFO before they are made available to visitors to the site. RACING-REFERENCE.INFO may, at its discretion, choose not to review blog posts from users before they are made public.
RACING-REFERENCE.INFO reserves the right to reject any blog entry or blogger at any time as determined by RACING-REFERENCE.INFO in RACING-REFERENCE.INFO 's discretion, particularly in the case where a blog violates our rules or guidelines.
11. Advertisements and Promotions.
RACING-REFERENCE.INFO may run advertisements and promotions from third parties on RACING-REFERENCE.INFO. All revenue generated by such advertising is the property of RACING-REFERENCE.INFO. Your business dealings or correspondence with, or participation in promotions of, advertisers other than RACING-REFERENCE.INFO, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. RACING-REFERENCE.INFO is 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 RACING-REFERENCE.INFO.
12. Disclaimer of Warranty; Limitation of Liability.
A. YOU EXPRESSLY AGREE THAT YOUR USE OF RACING-REFERENCE.INFO IS AT YOUR SOLE RISK. RACING REFERENCE.INFO DOES NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF RACING-REFERENCE.INFO, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED BY OR THROUGH RACING-REFERENCE.INFO.
C. USER SPECIFICALLY ACKNOWLEDGES THAT RACING-REFERENCE.INFO 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 PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING RACING-REFERENCE.INFO, 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 RACING-REFERENCE.INFO OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF RACING-REFERENCE.INFO, 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 RACING-REFERENCE.INFO. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION APPLY TO ALL CONTENT AND FEATURES COMPRISING RACING-REFERENCE.INFO. 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 ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING RACING-REFERENCE.INFO, 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 PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING RACING-REFERENCE.INFO, 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 RACING-REFERENCE.INFO 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 RACING-REFERENCE.INFO, AWARDS, SUCH AS BADGES, AND SIMILAR ITEMS THAT MAY BE PROVIDED BY RACING-REFERENCE.INFO, ARE PROVIDED FOR ENTERTAINMENT PURPOSES ONLY AND DO NOT HAVE MONETARY OR SIMILAR VALUE.
13. Indemnification. You shall defend, indemnify and hold harmless the RRI Parties and each of 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 RACING-REFERENCE.INFO 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 RRI Parties reserve the right to take over the exclusive defense of any claim for which the RRI Parties are entitled to indemnification under this Section. In such event, you shall provide the RRI Parties with such cooperation as is reasonably requested by the RRI Parties.
15. Governing Law.
The content, data, video, and all other material and features on RACING-REFERENCE.INFO are presented for the purpose of providing entertainment, news and/or information and/or promoting programs, films, music, 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 RACING-REFERENCE.INFO, and/or the provision of content, services, and/or technology on or through RACING-REFERENCE.INFO 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 therein, 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.
16. Disputes/Arbitration. PLEASE READ THIS SECTION CAREFULLY -- IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
In the event of a dispute, claim, or controversy arising out of or in connection with your access to, and/or use of RACING-REFERENCE.INFO, and/or the provision of content, services, and/or technology on or through RACING-REFERENCE.INFO, you must give RACING-REFERENCE.INFO notice of the dispute, claim, or controversy which notice will include a brief written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, claim, or controversy and the relief requested. You must send any such notice to RACING-REFERENCE.INFO by email to email@example.com AND by U.S. Mail to Copyright Agent - Legal Department, One Daytona Boulevard, Daytona Beach, Florida. To the extent that RACING-REFERENCE.INFO has your contact information, it will send any such notice to you by U.S. Mail, or otherwise to your email address. RACING-REFERENCE.INFO and you will attempt to resolve any dispute, claim, or controversy through informal negotiation within thirty (30) days from the date that any notice of dispute, claim, or controversy is sent. RACING-REFERENCE.INFO and you shall use reasonable, good faith, efforts to settle any dispute, claim, or controversy through consultation and good faith negotiations. After 30 days, RACING-REFERENCE.INFO or you may resort to the other alternatives described in this Section. Notwithstanding the foregoing, the notice and 30-day negotiation period required by this Section shall not apply, however, to disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of RACING-REFERENCE.INFO.
For residents outside the United States, arbitration shall be initiated in Volusia County, Florida, and RACING-REFERENCE.INFO and you agree to submit to the personal jurisdiction of any state or federal court in Volusia County, Florida, to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. In the event some or all of these arbitration provisions are determined to be unenforceable for any reason, or if a claim, dispute or controversy is brought that is found by a court to be excluded from the scope of these arbitration provisions, the RRI Parties and you agree to waive, to the fullest extent allowed by law, any trial by jury.
The terms of these arbitration provisions will also apply to any claims asserted by you against any RRI Party, present or future parent or affiliated company of the RRI Parties, or any person or entity involved in creating, producing or distributing RACING-REFERENCE.INFO, 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 RACING-REFERENCE.INFO, and/or the provision of content, services, and/or technology on or through RACING-REFERENCE.INFO.
17. Class Action Waiver. PLEASE READ THIS SECTION CAREFULLY -- IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims or controversies will not be subject to arbitration and 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 RRI Party, present or future parent or affiliated company of an RRI Party, or any person or entity involved in creating, producing or distributing RACING-REFERENCE.INFO, 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 RACING-REFERENCE.INFO, and/or the provision of content, services, and/or technology on or through RACING-REFERENCE.INFO.
Neither RACING-REFERENCE.INFO 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.
19. Notice of Infringement of Copyright.
RACING-REFERENCE.INFO respects the rights of all copyright holders and in this regard, RACING-REFERENCE.INFO has 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 RACING-REFERENCE.INFO's 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:
Copyright Agent - NASCAR Legal Department
One Daytona Boulevard
Daytona Beach, Florida
© 2018 NASCAR Digital Media, LLC