1. Your Acceptance
A. By using and/or visiting this website (collectively, including all content and functionality available through the GoRacingTV.com domain name, the “GoRacingTV Website”, or “Website”), you signify your agreement to
(1) these terms and conditions (the “Terms of Service”),
and incorporated here by reference, and
B. Although we may attempt to notify you when major changes are made to
these Terms of Service, you should periodically review the most up-to-
date version at http://www.GoRacingTV.com/terms_of_use. GoRacingTV
may, in its sole discretion, modify or revise these Terms of Service and
policies at any time, and you agree to be bound by such modifications or
revisions. Nothing in this Agreement shall be deemed to confer any third-
party rights or benefits.
2. GoRacingTV Website
A. These Terms of Service apply to all users of the GoRacingTV Website, including users who are also contributors of video content, information, and other materials or services on the Website. The GoRacingTV Website includes all aspects of GoRacingTV, including but not limited to all products, software and services offered via the website.
B. The GoRacingTV Website may contain links to third party websites that are not owned or controlled by GoRacingTV. GoRacingTV has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, GoRacingTV will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve GoRacingTV from any and all liability arising from your use of any third-party website.
3. GoRacingTV Accounts
In order to access some features of the Website, you will have to create
A.a GoRacingTV account. You may never use another’s account withoutpermission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify GoRacingTV immediately of any breach of security or unauthorized use of your account.
B. Although GoRacingTV will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of GoRacingTV or others due to such unauthorized use.
A. 4. General Use of the Website — Permissions and Restrictions
telecommunications equipment; Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so; Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
Restrict or inhibit any other user from using and enjoying any public area within our sites; Collect or store personal information about other end users;
Interfere with or disrupt our sites, servers, or networks;
Impersonate any person or entity, including, but not limited to, a GoRacingTV representative, or falsely state or
otherwise misrepresent your affiliation with a person or entity; Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites or to manipulate your presence on
Take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
Engage in any illegal activities.
B.You will otherwise comply with the terms and conditions of theseTerms of Service.
If you choose a username that, in our sole discretion, is obscene, indecent, abusive or that might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from our sites, deny you access to our sites, or any combination of these actions.
The technology and the software underlying our Website and the Services is the property of GoRacingTV, our affiliates, and our partners. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our sites
or the Services. You agree not to modify the software underlying our sites in any manner or form or to use modified
versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to our sites.
B. 5. Your Use of Content on the Site In addition to the general
A. restrictions above, the following restrictions and conditions apply specifically to your use of content on the GoRacingTV Website. The content on the GoRacingTV Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to GoRacingTV, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. GoRacingTV reserves all rights not expressly granted in and to the Website and the Content.
B.You may access User Submissions solely:for your information and personal use; as intended through the normal functionality of the GoRacingTV Service; and for Streaming.
C. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the GoRacingTV Service to a user’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Videos for any purpose or in any manner other than Streaming is expressly prohibited. User Videos are made available “as is.”
D. User Comments are made available to you for your information and personal use solely as intended through the normal
functionality of the GoRacingTV Service. User Comments are made available “as is”, and may not be used, copied,
reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any
manner not intended by the normal functionality of the GoRacingTV Service or otherwise as prohibited under this
E. You may access GoRacingTV Content, User Submissions and other content only as permitted under this Agreement.
GoRacingTV reserves all rights not expressly granted in and to the GoRacingTV Content and the GoRacingTV Service.
F.You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted
herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website
for any commercial purposes.
G. You agree not to circumvent, disable or otherwise interfere with security-related features of the GoRacingTV Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the GoRacingTV Website or the Content therein.
H. You understand that when using the GoRacingTV Website, you will be exposed to User Submissions from a variety of sources, and that GoRacingTV is not responsible for the accuracy, usefulness, safety, or intellectual property
rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to
User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against GoRacingTV with respect thereto, and agree to indemnify and hold GoRacingTV, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
C.6. Your User Submissions and Conduct
A. As a GoRacingTV account holder you may submit video content (“User Videos”) and textual content (“User Comments”).
User Videos and User Comments are collectively referred to as “User Submissions.” You understand that whether or not
such User Submissions are published, GoRacingTV does not guarantee any confidentiality with respect to any User
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize GoRacingTV to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
C.For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to GoRacingTV, you hereby grant GoRacingTV a worldwide, non-exclusive, royalty-free, sublicenseable
and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User
Submissions in connection with the GoRacingTV Website and GoRacingTV’s (and its successors’ and affiliates’)
business, including without limitation for promoting and redistributing part or all of the GoRacingTV Website (and
derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the GoRacingTV Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality
of the Website and under these Terms of Service. The above licenses granted by you in User Videos terminate
within a commercially reasonable time after you remove or delete your User Videos from the GoRacingTV Service.
You understand and agree, however, that GoRacingTV may retain, but not display, distribute, or perform, server copies
of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are
perpetual and irrevocable.
D.In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant GoRacingTV all of the license rights granted herein.
E.You further agree that you will not, in connection with User Submissions, submit material that is contrary to the
GoRacingTV Community Guidelines, found at http://www.GoRacingTV.com/community_guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
F. GoRacingTV does not endorse any User Submission or any opinion, recommendation, or advice expressed therein,
and GoRacingTV expressly disclaims any and all liability in connection with User Submissions. GoRacingTV does
not permit copyright infringing activities and infringement of intellectual property rights on its Website, and GoRacingTV will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. GoRacingTV reserves the right to remove Content and User Submissions without prior notice.
D.7. Account Termination Policy
A.GoRacingTV will terminate a User’s access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
B.GoRacingTV reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. GoRacingTV may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
E. 8. Digital Millennium Copyright Act
A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is
Identification of the copyrighted 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;
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 the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have 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 A statement that the information in the notification is
accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
B. GoRacingTV’s designated Copyright Agent to receive notifications of claimed infringement is: GoRacingTV Copyright Agent, 13428 Maxella Ave. Suite 432, Marina Del Rey, CA 90292. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to GoRacingTV customer service through the Contact Us link at the bottom of each GoRacingTV.com Web page. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
C. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not
infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant
to the law, to post and use the content in your User Submission, you may send a counter-notice containing the
following information to the Copyright Agent:
Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at
which the content appeared before it was removed ordisabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept
service of process from the person who provided notification of the alleged infringement.
D. If a counter-notice is received by the Copyright Agent, GoRacingTV may send a copy of the counter-notice to the
original complaining party informing that person that it may replace the removed content or cease disabling it in 10
business days. Unless the copyright owner files an action seeking a court order against the content provider, member
or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at GoRacingTV’s sole discretion.
9. Warranty Disclaimer YOU AGREE THAT YOUR USE OF THE
GORACINGTV WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, GORACINGTV, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. GORACINGTV MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE GORACINGTV WEBSITE. GORACINGTV DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE GORACINGTV WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED
IN ANY BANNER OR OTHER ADVERTISING, AND GORACINGTV WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING
ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR
SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
10. Limitation of Liability
IN NO GORACINGTV, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE GORACINGTV WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT GORACINGTV SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Website is controlled and offered by GoRacingTV from its facilities in the United States of America. GoRacingTV makes no representations that the GoRacingTV Website is appropriate or available for use in other locations. Those who access or use the GoRacingTV Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify
and hold harmless GoRacingTV, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
(i) your use of and access to the GoRacingTV Website;
(ii) your violation of any term of these Terms of Service;
(iii) your violation of any third party right, including without limitation any copyright, property, or privacy right;or
(iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification
obligation will survive these Terms of Service and your use of the GoRacingTV Website.
12. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of
Service. In any case, you affirm that you are over the age of 13, as the GoRacingTV Website is not intended for children under 13. If you are under 13 years of age, then please do not use the GoRacingTV Website. There are lots of
other great web sites for you. Talk to your parents about what sites are appropriate for you.
These Terms of Service, and and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by GoRacingTV without restriction.
You agree that:
(i) the GoRacingTV Website shall be deemed solely based in California;and
(ii) the GoRacingTV Website shall be deemed a passive website that does not give rise to personal jurisdiction over GoRacingTV, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and GoRacingTVthat arises in whole or in part from the GoRacingTV Website shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California. These Terms of Service, together with the Privacy Notice at http://www.GoRacingTV.com/privacy_policy and any other legal notices published by GoRacingTV on the Website, shall constitute the entire agreement between you and GoRacingTV concerning the GoRacingTV Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions
of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and GoRacingTV’s failure to
assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. GoRacingTV reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the GoRacingTV Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND GORACINGTV AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE GORACINGTV WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF
ACTION IS PERMANENTLY BARRED.
GoRacingTV’s Terms of Service were
last updated on July 4, 2009