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NationalChampionshipSeries.com Terms of Service
Effective Date: January 1, 2007
Updated: January 11, 2010
1. Acceptance of Terms
NationalChampionshipSeries.com, ("NationalChampionshipSeries", "we", or "us")
provides the Service (as defined herein) to you, subject to the following terms of
service ("TOS") which may be updated by us periodically without notice to you. It
is important for you to refer to this TOS periodically to make sure that you are
aware of any additions, revisions, or modifications that we may have made to this
TOS. You can review the most current version of the TOS at any time at:
http://NationalChampionshipSeries.com/legal.html.
Your use of the Service constitutes your acceptance of the TOS.
2. Service Description
NationalChampionshipSeries currently provides users with access to a collection
of online resources, including, various communications tools, online forums,
personalized content and branded programming through its network of properties
(the "Service"). Unless explicitly stated otherwise, any new features that
augment or enhance the current Service, including the release of
new NationalChampionshipSeries properties, shall be subject to these TOS.
NationalChampionshipSeries may change, suspend or discontinue any aspect of
the Service at any time. NationalChampionshipSeries may also impose limits on
certain features and services or restrict access to parts of or all of the Service
without notice or liability. In order to use the Service, you must obtain access to
the World Wide Web, either directly or through devices that access Web-based
content, and pay any service fees associated with such access. In addition, you
must provide all equipment necessary to make such connection to the World Wide
Web, including a computer and modem or other access device. You agree that
these TOS are personal to You and that You may not resell, lease, license, assign or
redistribute the Service, in whole or in part, to any third party.
NationalChampionshipSeries may also offer other services from time to time,
which are governed by different terms of services.
3. Links
The Service contains hyperlinks to other World Wide Web sites which are not
included as part of the Service ("Other Site(s)"). If you use the hyperlinks to
access these Other Sites, you will leave the Service and your browser will be re
directed to the Other Sites. NationalChampionshipSeries may not have reviewed
the content of any Other Site, and, whether or not it has reviewed the content
of any Other Site(s), does not warrant or make any representation regarding any
Other Site's accuracy or authenticity. The hyperlinks to Other Sites do not
constitute an endorsement by NationalChampionshipSeries of any Other Site(s) or
resources, or their content. NationalChampionshipSeries is only providing these
links to you as a convenience, and the inclusion of any link does not imply
endorsement by NationalChampionshipSeries of the Other Site.
Any Other Site that links to the Service: (a) shall not create a browser or border
environment around any of the content of the Service; (b) may link to, but not
replicate, NationalChampionshipSeries content; (c) shall not imply that
NationalChampionshipSeries is endorsing or sponsoring it or its products; (d) shall
not present false information about NationalChampionshipSeries or its products or
services; (e) shall not use Trademarks without the prior written permission from
NationalChampionshipSeries; and (f) shall not contain content that could be
construed as distasteful, offensive or controversial.
Notwithstanding anything to the contrary contained in this TOS, we reserve the
right to deny permission to link to the Service from any Website for any reason at
our sole and absolute discretion.
4. Copyright; Trademark
The Service is protected by copyright pursuant to U.S. copyright laws,
international conventions and other copyright laws. All materials contained on
the Service are protected by copyright and are owned or controlled by
NationalChampionshipSeries or the party credited as the provider of the content.
You agree to abide by any and all additional copyright notices, information, or
restrictions contained in any part of the Service. Copying or storing any part of
the Service is expressly prohibited without prior written permission from
NationalChampionshipSeries or the copyright holder as identified on the Service.
NationalChampionshipSeries.com, National Championship Series, Inc and other
service marks, trademarks and logos displayed on the Service (the
"NationalChampionshipSeries Trademarks") are the property of
NationalChampionshipSeries.com or its licensors. You agree not to display or use
the NationalChampionshipSeries Trademarks in any manner.
Permission to use materials from the Service (the "Materials") is granted provided
that: (a) The copyright notice appears in all copies; (b) Use of such Materials is
for informational and non-commercial or personal use only and will not be copied
or posted on any network computer or broadcast in any media; and (c) No
modifications of the Materials are made.
Elements of the Service including, but not limited to, the "look and feel," are
protected by trademark, unfair competition, and other laws and may not be
copied or imitated in whole or in part. No logo, graphic, sound or image from any
Service may be copied or retransmitted unless expressly permitted by
NationalChampionshipSeries.
5. Representations and Warranties
You represent, warrant and covenant that You will not upload, post, transmit,
distribute or otherwise publish through the Service any materials which:
(a) Restrict or inhibit any other user from using and enjoying the Service; (b) Are
unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic,
profane, or indecent; (c) Constitute or encourage conduct that would constitute a
criminal offense, give rise to civil liability, or otherwise violate the law;
(d) Violate, plagiarize or infringe the rights of any third party including, without
limitation, copyright, trademark, patent, rights of privacy or publicity, or any
other right of any third party; (e) Contain a virus or other harmful or potentially
harmful component; (f) Contain any unsolicited or unauthorized advertising,
promotional materials, spam, or any other kind of solicitation; and/or (g)
Constitute or contain false or misleading indications of origin or statements of
fact.
You represent, warrant and covenant that You will comply with the
http://NationalChampionshipSeries.com./accept.html.
6. Registration and Privacy Policy
Registration may be required for the use of certain portions of the Service (e.g.
member programs). Your registration shall not impose any duty on us to provide
any particular service to you. If the terms of any NationalChampionshipSeries
registration agreement conflict with the terms of this TOS, the registration
agreement shall control.
Registration data and certain other information about you are subject to our
privacy policy. For more information, see our full privacy policy at: www.
NationalChampionshipSeries.com/privacy.html.
7. Software
Any software that we make available for download from the Service and/or our
servers (the "Software") is the copyrighted work of NationalChampionshipSeries,
licensors or its suppliers. Your use of the Software is governed by the terms of the
end user license agreement, which accompanies or is included with the Software
(the "License Agreement"). An end user may not install any Software, which is
accompanied by or includes a License Agreement, unless he or she first agrees to
the License Agreement terms.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE
SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION
OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH
REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE
LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
Any Software which is downloaded from the Service or
NationalChampionshipSeries’s servers for or on behalf of the United States of
America, its agencies and/or instrumentalities ("U.S. Government"), is provided
with restricted rights. Use, duplication, or disclosure by the U.S. Government is
subject to restrictions as set forth in subparagraphs (c)(1) and (2) of the
Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as
applicable.
8. Copyrights and Copyright Agents
NationalChampionshipSeries has adopted and implemented a policy that provides
for the termination in appropriate circumstances of subscribers and account
holders who infringe the rights of copyright holders. If you believe that your work
has been copied in a way that constitutes copyright infringement, please provide
NationalChampionshipSeries’s copyright agent the following information required
by the Online Copyright Infringement Liability Limitation Act of the Digital
Millennium Copyright Act, 17 U.S.C. § 512: (a) a physical or electronic signature
of a person authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed; (b) identification of the copyright 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; (c)
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 us to locate the
material; (d) information reasonably sufficient to permit us to contact the
complaining party; (e) a statement that the complaining party has 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 (f) a statement that the
information in the notification is acccurate, and under penalty of perjury, that the
complaining party is authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed.
NationalChampionshipSeries’s copyright agent for notice of claims of copyright
infringement on or regarding the Service can be reached as follows:
NationalChampionshipSeries, Inc.
Email: legal@NationalChampionshipSeries.com.
9. Service Content and Information; Features
The Service contains information, advice, text, materials, and goods and services
(collectively, the "Materials") that are provided for your convenience and
enjoyment. Third parties provide some of the Materials. You should be aware that
the Materials might contain errors, omissions, inaccuracies, outdated information,
and inadequacies and that the Materials may be subject to terms and conditions
which may be found on the Service or in the documents and policies of third
parties. We make no representations or warranties as to the completeness,
accuracy, adequacy, currency or reliability of any Materials and will not be liable
for any lack of the foregoing.
Third party advertisers may offer goods, services and other materials to you on
the Service. Your correspondence and business dealings with advertisers found on
or through the Service including, but not limited to, the payment and delivery of
goods and services, and any terms, conditions, warranties and representations
associated with such dealings, are solely between you and the advertiser. You
agree that we will not be responsible or liable for any loss or damage of any sort
incurred as the result of any such dealings or the offering of such goods, services,
and other Materials on the Service.
Descriptions of, or references to, products or publications within the Service do
not imply endorsement of that product or publication.
We do not represent or warrant that every action you take with regard to your
account and related activities on the Service will
be lawful in any particular jurisdiction. It is incumbent upon you to know the
laws that pertain to you in your jurisdiction and act lawfully at all times when
using the Service.
10. Your Content
From time to time, NationalChampionshipSeries may permit you to upload
information, advice, text, data, software, messages and other materials to the
Service ("Your Content"). Your Content is your sole responsibility. This means that
you, and not NationalChampionshipSeries, are entirely responsible for all of Your
Content that you upload, post, e-mail, transmit or otherwise make available via
the Service. If you post personal information on publicly available areas of the
Service then you may receive unsolicited messages from third parties.
NationalChampionshipSeries cannot ensure the security of any information you
post on publicly available areas of the Service. Under no circumstances will we be
liable in any way for any of Your Content including, but not limited to, any errors
or omissions in Your Content, or for any loss or damage of any kind incurred as a
result of the use of any of Your Content made available via the Service.
NationalChampionshipSeries does not claim ownership of Your Content. However,
you hereby grant us a world-wide, royalty-free, non-exclusive, perpetual,
irrevocable, and fully sub-licensable right and license to use, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute, perform, and
display Your Content and to incorporate Your Content in other works in
any form, media, or technology now known or later developed.
You acknowledge that we do not pre-screen Your Content, but that we have the
right, but not the obligation, in our sole discretion to modify, transmit over
various networks, refuse or move any of Your Content that is available on the
Service. You agree that you must evaluate, and bear all risks associated with,
the use of any of Your Content including, but not limited to, any reliance on the
accuracy, completeness, or usefulness of Your Content.
You acknowledge and agree that NationalChampionshipSeries may archive Your
Content and may also disclose Your Content at any time and for any reason.
Since we do not pre-screen user generated content, you may be exposed to
content that is offensive, indecent, or objectionable.
11. Disclaimer of Warranties
THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, DOCUMENTS, FUNCTIONS,
MATERIALS, GRAPHICS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED
THROUGH OR SENT FROM THE SERVICE, ARE PROVIDED "AS IS." TO THE FULLEST
EXTENT PERMISSIBLE BY LAW, NationalChampionshipSeries AND ITS
SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES
OR ENDORSEMENTS OF ANY KIND WHATSOEVER ABOUT: (A) THE CONTENT ON
AND PROVIDED THROUGH THE SERVICE; (B) THE MATERIALS, INFORMATION AND
FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED
THROUGH THE SERVICE; (C) THE MATERIALS, MESSAGES AND INFORMATION
SENT FROM THE SERVICE BY USERS; (D) ANY PRODUCTS OR SERVICES OFFERED
BY THIRD PARTIES OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (E) ANY
BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE
INFORMATION THROUGH THE SERVICE OR ANY LINKED SITE.
NationalChampionshipSeries DOES NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE SERVICE OR ANY MATERIALS OR CONTENT CONTAINED
THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE
CORRECTED; OR THAT THE SERVICE OR THE SERVERS THAT MAKES IT AVAILABLE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NationalChampionshipSeries DOES NOT WARRANT THAT YOUR ACTIVITIES OR
USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN
ANY EVENT, SPECIFICALLY DISCLAIM SUCH WARRANTIES. YOU UNDERSTAND
THAT BY USING ANY OF THE FEATURES OF THE SERVICE, YOU ACT AT YOUR OWN
RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL
IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. FURTHER,
NationalChampionshipSeries AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM
ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION,
NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NONINFRINGEMENT.
NationalChampionshipSeries AND ITS SUBSIDIARIES AND AFFILIATES SHALL
NOT BE LIABLE FOR THE USE OF THE SERVICE INCLUDING, WITHOUT
LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME
JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR
OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE
EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT.
12. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL NationalChampionshipSeries BE LIABLE FOR
ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR
INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE
PERFORMANCE OF, THE SERVICE, EVEN IF FORESEEABLE OR
NationalChampionshipSeries HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER
TORTIOUS ACTION. SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL
NationalChampionshipSeries’s TOTAL LIABILITY TO YOU FOR ALL DAMAGES,
LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
13. Indemnity
You agree to defend, indemnify and hold harmless NationalChampionshipSeries
with respect to any and all costs, claims, demands, investigations, liabilities,
losses, damages, judgments, settlements, costs and expenses, including
attorneys' fees arising out of or in connection with this Agreement, including,
without limitation, your use of the Service. Notwithstanding the foregoing,
NationalChampionshipSeries retains the exclusive right to settle, compromise and
pay any and all claims, demands, proceedings, suits, actions or causes of actions
which are brought against NationalChampionshipSeries herein under the terms
and provisions of this Section 13 and in no event shall you settle any such claim
without NationalChampionshipSeries’s prior written approval.
14. Governing Law
THIS AGREEMENT AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED
BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF
CALIFORNIA, WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES.
15. Jurisdiction and Venue
The parties irrevocably submit and consent to the exclusive jurisdiction and
venue of the California state courts in and for Riverside County, California and the
Federal Courts in and for the District of California. The parties agree not to raise
the defense of forum non conveniens.
16. Notices
Whenever, under the provisions of this TOS, you are required or permitted to give
notice to NationalChampionshipSeries, you shall give the notice in writing. It
shall be deemed given either when delivered personally, or by courier, or three
days after mailing, postage prepaid by registered or certified mail, return receipt
requested, addressed to NationalChampionshipSeries at the following address:
NationalChampionshipSeries.com
10434 Beckworth Ct.
Riverside, CA 92503
ATTN: National Championship Series
Whenever, under the provisions of this TOS, NationalChampionshipSeries is
required or permitted to give notice to you, NationalChampionshipSeries may send
an e-mail to the address provided by you when you registered with the Service. If
you have not provided an accurate e-mail address or if you have not registered
with the Service, NationalChampionshipSeries may, but is not obligated to, send a
notice to you in any reasonable way.
17. Miscellaneous
This TOS contains the sole and entire agreement between the parties with respect
to the use of the Service and supersedes any and all other prior written or oral
agreements between them. Captions contained in this TOS are inserted only as a
matter of convenience or for reference and in no way define, limit, extend, or
describe the scope of this TOS or the intent of any provision of this TOS. It is the
intent of the parties that neither this TOS, nor any covenant in this TOS, shall be
construed against either party pursuant to the common law rule of construction
against the drafter. It is the intent of the parties that said rule not be applicable
to this TOS. If any provision of this TOS shall be held invalid orunenforceable by
any court of competent jurisdiction or as a result of future legislative action, such
holding or action shall be strictly construed and shall not affect the validity or
effect of any other provision of this TOS.
18. Violations
Please click here to report any violations of the TOS to
NationalChampionshipSeries.
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2006 - 2010 |
***The National Championship Series is not affiliated with, endorsed or licensed by the National Association for Stock Car Auto Racing (NASCAR), Major League Baseball (MLB), the National Football League (NFL), the National Hockey League (NHL), the National Basketball Association (NBA), any NASCAR, MLB, NFL, NHL, NBA team or player, or any Professional Sports Players Association or member. |
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