Last Updated: July 27, 2017
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 SITE. BY USING THE SITE, 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 THE SITE.
NASCAR Productions reserves the right, in its sole discretion and without prior notice, to amend the Terms and/or other aspects of the Site at any time, and such amended Terms will be effective immediately upon the date they are posted on the Site. Please check the Terms periodically for changes. Your continued use of the Site following the posting of any changes to the Terms constitutes acceptance of those changes. NASCAR Productions also reserves the right, in its sole discretion, to revoke your access and/or use privileges for all or part of the Site, for any reason and with or without notice.
These Terms are in addition to the terms of 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 the terms of 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 Site, 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 and any related indicia (collectively, the “Marks”) are service marks of the National Association for Stock Car Auto Racing, Inc. (“NASCAR”), and are used by NASCAR 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 Site may be the trademark, trade name, service mark, logo, symbol or other proprietary designation of a third party. The use on the Site of any such third party designations, and the availability of specific goods or services from such third parties through the Site, should not be construed as an endorsement or sponsorship of the Site by any such third party, or the participation by such third party in the offering of goods, services, or information through the Site.
You may only use the Site 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 Site or 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 Site, including, without limitation, any speculative, false, or fraudulent Requests, or any Requests in anticipation of demand. Any other use of the Site, the Content, or any portion thereof is strictly prohibited. The Site, 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 Site and the Content for lawful purposes only, and only in accordance with the Terms. You agree not to use the Site so as to damage, disable, overburden, or impair the Site, or interfere with any other party’s lawful use of the Site. 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 Site. 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 Site.
THE SITE AND THE CONTENT, AS WELL AS ALL 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 SERVICES THROUGH THE SITE OR, WHERE APPLICABLE, AT ANY PARTICIPATING RETAILER OR RETAILER LOCATION, (III) THE SECURITY OF THE SITE OR ANY REGISTRATION DATA, OR THE ABSENCE OF ANY VIRUS, BUG, ERROR, DEFECT, OR OTHER HARMFUL COMPONENT ON OR WITHIN THE SITE OR THE CONTENT, OR ANY CORRECTIVE EFFORTS FOR ANY SUCH ASPECT OF THE SITE, (IV) THE ACCURACY, RELIABILITY, QUALITY, OR COMPLETENESS OF THE CONTENT OR ANY INFORMATION CONTENT, DATA, SERVICE, ADVICE OR MERCHANDISE PROVIDED OR AVAILABLE THROUGH THE SITE, (V) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR (VI) THE AVAILABILITY OR PERFORMANCE/NON-PERFORMANCE OF THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NASCAR PRODUCTIONS OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR ANY USE OF THE 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 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 Site 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 Site or the Content are appropriate or available for use in locations outside the United States. If you use the Site 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 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 services requested through this Site including all rules and restrictions applicable thereto.
Both you and the Third Party on whose behalf you may be using the Site 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 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 Site (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 to Requests, no guarantee is made that you will receive an e-mail regarding the status of your Request.
Links to other Websites and Services
To the extent the Site contains 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.
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, including, without limitation, errors or delays caused by an incorrect e-mail address provided by you, or other technical problems beyond our control. These Terms represent the entire agreement between you and NASCAR Productions regarding your use of the Site 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 Site 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.