Conditions of Use
IRACING.COM WEB SITES CONDITIONS OF USE
Updated May 22, 2015
iRacing.com Website Conditions of Use
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
License and Site Access
iRacing.com grants you a non-exclusive, non-transferable, revocable limited license to access and make personal use of the Site. As a condition of your use of and access to the Site, you agree that you will not: download the Site (other than page caching) or modify it, or any portion of it, except with express written consent of iRacing.com. The Site and any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of iRacing.com. This license does not include any resale or commercial use of the Site or its contents or any derivative use of the Site or its contents.
You may not use data mining, robots, screen scraping, or similar data gathering, extraction tools, meta tags or any other “hidden text” utilizing iRacing.com’s name or trademarks, or use frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of iRacing.com without our express written consent.
You may not distribute any virus, time bomb, trap door, or other harmful or disruptive computer code, mechanism or program, or otherwise violate the terms of service of Facebook, Twitter or other channel by which you access the Site, or any applicable law, including without limitation any applicable export laws.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Site (but not the Sim) so long as the link does not portray iRacing.com or its services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any iRacing.com logo or other proprietary graphic or trademark as part of the link without our express written consent.
Any unauthorized use terminates the permission or license granted by iRacing.com.
Child Online Protection Act Notification
Pursuant to 47 U.S.C. § 230(d) as amended, iRacing.com hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying providers of such protection is available on the websites StaySafeOnline (http://staysafeonline.org/stay-safe-online/), GetNetWise (http://kids.getnetwise.org/), and OnGuardOnline (http://www.onguardonline.com/). Please note that iRacing.com is not affiliated with the above listed sites, nor is the above intended as an endorsement of any of the products or services listed on such sites.
IRACING.COM®, IRACING.COM MOTORSPORT SIMULATIONS®, FIRST®, and FIRST IRACING.COM® are registered trademarks, and INRACINGNEWS™, IRACING DRIVERS WORLD CHAMPIONSHIP™, IRACING PRO SERIES™, and WORLD CUP OF IRACING™ and other marks indicated on the Site are trademarks of iRacing.com in the United States and/or other countries. Other iRacing.com graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of iRacing.com. iRacing.com’s trademarks and trade dress may not be used in connection with any product or service that is not iRacing.com’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits iRacing.com. All other trademarks not owned by iRacing.com that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by iRacing.com.
Claims of Copyright Infringement
All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of iRacing.com or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of iRacing.com and protected by U.S. and international copyright laws.
We respect the intellectual property of others, and we expect our users to do the same. It is our policy to comply with the Digital Millennium Copyright Act (DMCA). It is also our policy to terminate the use of the Site by users who are repeat infringers.
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide the following information to our Copyright Agent:
- a description of the copyrighted work or other intellectual property that you claim has been infringed, or if there are multiple infringed works, a representative list of such works;
- identification of the material that you claim is infringing or is the subject of infringing activity and that is to be removed or disabled, and information reasonably sufficient to permit us to locate the material;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf; and
- your electronic or physical signature.
Our Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
iRacing.com Motorsport Simulations, LLC
34 Crosby Drive
Bedford, MA 01730 USA
Attention: Copyright Agent
By email: copyright@iRacing.com
Disclaimer of Warranties and Limitation of Liability
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND WITHOUT LIMITING THE FOREGOING, NEITHER IRACING.COM NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “iRacing.com Parties”) WARRANT THAT THE SITE WILL BE UNINTERRUPTED, UNCORRUPTED, TIMELY, OR ERROR-FREE, OR THAT OR THE CONTENT WILL BE ACCURATE, RELIABLE, COMPLETE, CURRENT, OR TIMELY. WITHOUT LIMITATION, IRACING.COM EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT.
NEITHER IRACING.COM NOR ITS AFFILIATES OR LICENSORS, NOR ANY OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS OF ANY OF THE FOREGOING, WILL BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND RESULTING FROM OR OTHERWISE RELATING TO THE SITE OR THE USE THEREOF. IN NO EVENT WILL ANY OF SUCH IRACING.COM PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. If, notwithstanding the foregoing exclusions, it is determined that iRacing.com is liable for damages, in no event will iRacing.com’s liability, whether arising in contract, tort, strict liability or otherwise, exceed (in the aggregate) $500. You hereby agree to defend, indemnify and hold iRacing.com harmless from and against any claim, liability, loss, injury, damage, cost or expense (including reasonable attorneys’ fees) incurred by iRacing.com arising out of or from your use of the Site. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. You agree that the provisions in this paragraph will survive any termination of this Agreement.
TO THE FULLEST EXTENT PERMITTED BY LAW, THESE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SITE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).
You acknowledge that the rights granted and obligations made hereunder to iRacing.com are of a unique and irreplaceable nature, the loss of which will irreparably harm iRacing.com and which cannot be replaced by monetary damages alone so that iRacing.com will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for monetary damages (if any).
By visiting the Site, you agree that the laws of the Commonwealth of Massachusetts, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and iRacing.com. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state or federal courts located in Boston, Massachusetts, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in Boston, Massachusetts.
Statute of Limitations
Site Policies, Modification, and Severability