Terms & Conditions of Use for NASCARProductions.com
THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND NASCAR PRODUCTIONS. PLEASE READ THESE TERMS IN THEIR ENTIRETY BEFORE CONTINUING TO USE THE WEBSITES, SUBMITTING AN ACCOUNT REGISTRATION FORM, DOWNLOADING ANY IMAGE OR FOOTAGE OR OTHERWISE USING ANY OF THESE SERVICES. BY USING ANY OF THE WEBSITES, YOU SIGNIFY YOUR KNOWLEDGE AND ACCEPTANCE OF THE TERMS, AND YOUR AGREEMENT TO BE LEGALLY BOUND AND TO ABIDE BY THESE TERMS. IF YOU DO NOT AGREE WITH ANY PART OF THE TERMS, YOU MUST DISCONTINUE USE OF THESE WEBSITES.
NASCAR Productions reserves the right, in its sole discretion and without prior notice, to amend the Terms and/or other aspects of the Websites (such as pricing, information, and licensing terms) at any time, and such amended terms will be effective immediately upon the date they are posted on the Websites. Please check the Terms periodically for changes. Your continued use of the Websites following the posting of any changes to the Terms constitutes acceptance of those changes. This Agreement may not otherwise be amended except in writing signed by both parties. NASCAR Productions also reserves the right, in its sole discretion, to revoke your access and/or use privileges for all or part of the Websites, for any reason and with or without notice.
These Terms are in addition to any other written agreement you may enter or have entered into with NASCAR Productions, including without limitation any footage license or production services agreements. To the extent these Terms conflict with any other such written agreement, the terms of that written agreement shall control to the extent of such conflict.
Content and Intellectual Property
All aspects of the Websites, including but not limited to the design and “look and feel” thereof and all of the content featured or displayed thereon, including without limitation data, text, graphics, photographs, images, moving images, video, animation, sound, illustrations, designs, icons, written and other material, and software and compilations thereof together with the Marks (as defined below), are referred to herein as Content (“Content”) and are owned by NASCAR Productions and/or its licensors and/or Content providers. The NASCAR PRODUCTIONS SM word mark and logo, NASCARProductions.comSM, THE SIGHT, SOUND AND EMOTION OF NASCAR® and any related indicia (collectively, the “Marks”) are service marks of National Association for Stock Car Auto Racing, Inc. (“NASCAR”), and are used by Productions under license from NASCAR.
The Content is protected by trademark, trade dress, copyright, and/or other intellectual property rights against any unauthorized uses, and may not be used except as expressly permitted by these Terms or as otherwise expressly permitted in advance in writing by NASCAR and NASCAR Productions.
Other product and company names identified on the Websites may be the trademark, trade name, service mark, logo, symbol or other proprietary designation of a third party. The use on these Websites of any such third party designations, and the availability of specific goods or services from such third parties through the Websites, should not be construed as an endorsement or sponsorship of the Websites by any such third party, or the participation by such third party in the offering of goods, services or information through the Websites.
You may only use the Websites to review and make legitimate requests to license certain Content or purchase certain offered services (each, a “Request”). Except as explicitly permitted under a separate licensing agreement with NASCAR Productions, no portion or element of any of the Websites or such Websites’ Content may be reproduced, distributed, modified, publicly performed or displayed, uploaded, transmitted, reverse engineered, decompiled, used to create a derivative work, sold, sublicensed or otherwise exploited via any means or in any manner, whether now known or later devised. You agree that you will make no other use of the Websites, including without limitation any speculative, false or fraudulent Requests or any Requests in anticipation of demand. Any other use of the Websites, the Content, or any portion thereof is strictly prohibited. The Websites, their Content and all related rights shall remain the sole and exclusive property of NASCAR Productions and/or its licensors and/or Content providers unless otherwise expressly agreed.
You agree to use the Websites and the Content for lawful purposes only, and only in accordance with the Terms. You agree not to use the Websites so as to damage, disable, overburden or impair the Site or interfere with any other party’s lawful use of the Websites. You also agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Websites. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of the Websites. You agree to promptly update your Registration Data (as defined below) in order to keep it current, complete and accurate. It is a violation of law to place a Request in a false name or with an invalid credit card. Please be aware that even if you do not give us your real name, your web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users will be prosecuted to the fullest extent of the law.
In consideration of your use of the Websites, you agree to: (a) provide true, accurate, current and complete information about yourself and your company (including without limitation contact and billing information) as prompted by the Websites’ registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You shall receive a password and user name upon completing the registration process. You are responsible for maintaining the confidentiality of the password and user name, and are fully responsible for all activities that occur under your password or user name. You agree to (a) immediately notify NASCAR Productions of any unauthorized use of your password or user name or any other breach of security, (b) ensure that you exit from your account at the end of each session, and (c) defend, indemnify and hold harmless NASCAR Productions from any loss, liability or damage arising from unauthorized use of your password or user name. You are directly responsible for any Request submitted, including related fees, charges and performance obligations.
THE WEBSITES AND THE CONTENT, AS WELL AS ALL PRODUCTS AND SERVICES AVAILABLE THROUGH THIS SITE, ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING ANY PROVISION OF THESE TERMS, NO WARRANTY OR GUARANTEE IS MADE REGARDING (I) THE ACCEPTANCE OF ANY REQUEST, (II) THE AVAILABILITY OF PRODUCTS AND/OR SERVICES THROUGH THE WEBSITES OR, WHERE APPLICABLE, AT ANY PARTICIPATING RETAILER OR RETAILER LOCATION, (III) THE SECURITY OF THE WEBSITES OR ANY REGISTRATION DATA, OR THE ABSENCE OF ANY VIRUS, BUG, ERROR, DEFECT, OR OTHER HARMFUL COMPONENT ON OR WITHIN THE WEBSITES OR THE CONTENT, OR ANY CORRECTIVE EFFORTS FOR ANY SUCH ASPECT OF THE WEBSITES, (IV) THE ACCURACY, RELIABILITY, QUALITY, OR COMPLETENESS OF THE CONTENT OR ANY INFORMATION CONTENT, DATA, SERVICE, ADVICE OR MERCHANDISE PROVIDED OR AVAILABLE THROUGH THE WEBSITES, (V) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITES, OR (VI) THE AVAILABILITY OR PERFORMANCE/NON-PERFORMANCE OF THE WEBSITES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NASCAR PRODUCTIONS OR THROUGH OR FROM THE WEBSITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR ANY USE OF THE WEBSITES AND THIS SITE.
General Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL NASCAR PRODUCTIONS, ANY CONTENT PROVIDER, AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, MEMBERS, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES (COLLECTIVELY, THE “COVERED PARTIES”) BE LIABLE FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND RESULTING FROM OR IN ANY WAY ASSOCIATED WITH THE WEBSITES, THE SITE, THE CONTENT, OR ANY USE (INCLUDING ANY DELAY OR INABILITY TO USE) THEREOF. THIS LIMITATION APPLIES TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW AND WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ANY OF THE COVERED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
If, notwithstanding the above, a Covered Party is found liable for any loss or damage relating to the Websites or Content, you agree the liability of any such party shall not exceed the fee or charge actually assessed by NASCAR Productions in connection with your Request.
No representation is made that the Websites or the Content are appropriate or available for use in locations outside the United States. If you use the Websites or Content from a location other than the United States, you are solely responsible for compliance with all applicable local laws, including without limitation any import and export regulations.
If you use the Websites to submit Requests for or on behalf of a third party (“Third Party”), you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third Party of all Terms applicable to all products or services acquired through this Site including all rules and restrictions applicable thereto.
Both you and the Third Party on whose behalf you may be using the Websites agree to defend, indemnify and hold harmless each Covered Party from any and all loss, damage, liability, cost and expense, including without limitation attorneys' fees and costs, incurred by any or all of them as a result of or in any way related to any breach of the Terms by you or the Third Party, or any use of the Websites, the Site, the Content and/or related rights or materials in any way contrary to the Terms by you or the Third Party.
User Comments, Feedback and Other Submissions
All comments, feedback, suggestions and ideas disclosed, submitted or offered by you in connection with your use of the Websites (collectively, “Comments”), shall be and remain the exclusive property of NASCAR Productions, and may be used by NASCAR Productions in any medium and for any purpose worldwide without your consent. NASCAR Productions is under no obligation to maintain your Comments in confidence, to pay to you any compensation for any Comments, or to respond to your Comments. You agree you will be solely responsible for the content of any Comments you make.
Confirmation of Requests
While NASCAR Productions will make reasonable efforts to respond within the time periods indicated on the Websites, no guarantee is made that you will receive an e-mail regarding the status of your Request within the stated processing time.
Links to other Websites and Services
To the extent the Websites contain links to other websites, those sites are not controlled by NASCAR Productions, and any concerns regarding such services or resources should be directed to the particular outside service or resource provider. The Covered Parties do not guarantee or warrant the accuracy or completeness of the information or content included on any such linked websites, and shall bear no responsibility for those linked websites, their respective privacy practices and contents, or any use of those sites or their contents.
Credit Card Submissions
All Requests must be submitted with a major credit card unless otherwise expressly stated.
The captions in these Terms are only for convenience, and do not, in any way, limit or otherwise define these Terms. The Covered Parties are not responsible for any errors or delays in responding to a Request caused by an incorrect e-mail address provided by you or other technical problems beyond their control. These Terms represent the entire agreement between you and NASCAR Productions regarding your use of the Websites and supersede any prior statements or representations. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The Terms and any acts or performance hereunder shall be governed by and construed in accordance with the laws of the State of North Carolina, USA, excluding its conflicts of law rules. The exclusive jurisdiction for any claim or action arising from or relating in any way to these Terms, the Websites and Content, or your use thereof shall be in the state or federal courts located in Mecklenburg County in the State of North Carolina. You agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action, and consent to extra-territorial service of process. This Agreement shall be interpreted according to its express terms, with no presumptions against the drafting party.
© 2013 NASCAR Productions, LLC. All rights reserved.