Conditions of Use
IRACING.COM WEB SITES CONDITIONS OF USE
Updated May 3, 2010
Conditions of Use
When you visit the iRacing.com Web Sites 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 our sites. 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.
All content included on our sites, 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 our sites is the exclusive property of iRacing.com and protected by U.S. and international copyright laws. All software used on our sites is the property of iRacing.com or its software suppliers and protected by United States and international copyright laws.
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 our 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 our sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by iRacing.com.
License and Site Access
iRacing.com grants you a limited license to access and make personal use of our sites and not to download (other than page caching) or modify them, or any portion of them, except with express written consent of iRacing.com. Our sites and any portion of our sites 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 our sites or its contents or any derivative use of our sites or its contents.
You may not use data mining, robots, screen scraping, or similar data gathering and extraction tools on our sites without our express written consent.
You may not 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 use any meta tags or any other “hidden text” utilizing iRacing.com’s name or trademarks without our express written consent.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the iRacing.com Web Sites (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.
Reviews, Comments, Communications, and Other Content
We may permit visitors to post comments and submit suggestions, ideas, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your content. iRacing.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant iRacing.com a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant iRacing.com and its sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate our sites’ policies and will not cause injury to any person or entity; and that you will indemnify iRacing.com for all claims resulting from content you supply. iRacing.com has the right but not the obligation to monitor and edit or remove any activity or content. iRacing.com takes no responsibility and assumes no liability for any content posted by you or any third party.
Claims of Copyright Infringement
We respect the intellectual property of others, and we expect our users to do the same. It is our policy to notices of alleged infringement that comply with the Digital Millennium Copyright Act (DMCA). It is also our policy to terminate the use of our sites and services 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 multiple works at a single site are covered by a single notification, a representative list of such works at the site;
- 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: mailto:copyright@iRacing.com
Disclaimer of Warranties and Limitation of Liability
THE IRACING.COM WEB SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. 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 IRACING.COM WEB SITES OR THE USE THEREOF. IN NO EVENT WILL ANY OF SUCH 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 iRacing.com Web Sites. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.
By visiting the iRacing.com Web Sites, you agree that the laws of the Commonwealth of Massachusetts, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and iRacing.com.
Site Policies, Modification, and Severability
We reserve the right to make changes to our sites, policies, and these Conditions of Use at any time. If any of these conditions are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.