LAST MODIFIED: February 16, 2024

What’s New in the Updated Terms of Use?

We, NASCARKIDS.COM, have revised the Terms of Use for our current and future online and mobile websites, platforms, services, and applications directed to children owned or operated by NASCAR Digital Media, LLC and NASCAR and each of their respective parents and affiliates and the officers, directors, members, employees, advisors, subcontractors and agents (collectively, “NASCARKIDS.COM”). Some of the key changes are summarized below, but please take the time to read the full Terms of Use. You accept and agree to be bound by these Terms of Use when you use NASCARKIDS.COM, including without limitation, when you view or access content or videos on NASCARKIDS.COM.

-     Throughout we have revised these Terms to enhance readability and understanding.

IMPORTANT NOTICE: THESE TERMS OF USE INCLUDE A WAIVER OF CLASS ACTION RIGHTS.

Welcome to NASCARKIDS.COM! NASCARKIDS.COM includes this web site (including its sub-domains) and associated applications (such as mobile and other device applications) and other associated offerings that are owned, offered or operated by or on behalf of NASCAR Digital Media. LLC and NASCAR directed to children. Please read these terms and conditions of use (“Terms of Use”) carefully before using NASCARKIDS.COM. Your access to and use of NASCARKIDS.COM is subject to the following terms and conditions (including the NASCARKIDS.COM Privacy Policy) and all applicable laws. By accessing and using NASCARKIDS.COM, you signify your assent to these Terms of Use and the Privacy Policy (collectively, the “Agreement”). If you do not agree to these Terms of Use or the Privacy Policy please do not use NASCARKIDS.COM. These Terms of Use may be amended or modified, or new conditions may be imposed, at any time. Any such changes or additions will be reflected by an update of this posting. Please check these Terms of Use periodically for changes. Your continued use of NASCARKIDS.COM following the posting of changes to these terms (including the Privacy Policy) will mean you accept those changes.

TABLE OF CONTENTS

NASCARKIDS.COM TERMS OF USE............................. 1

Definitions....................................................................... 2

Description of Service.................................................... 2

General............................................................................ 3

Registration Obligations............................................... 4

Changes in Terms............................................................. 4

Equipment........................................................................ 4

Intellectual Property Rights of the NASCAR Parties............................................................................................ 5

Interactive Areas............................................................ 5

Submissions...................................................................... 6

Publicly Available Participation.................................. 8

User Conduct................................................................... 8

Advertisements and Promotions.................................. 12

Disclaimer of Warranty; Limitation of Liability....... 13

Indemnification............................................................. 15

Termination................................................................... 15

Governing Law............................................................... 15

Class Action Waiver...................................................... 16

Miscellaneous............................................................... 16

Notice of Infringement of Copyright......................... 17

Interpretation............................................................... 18

Definitions.

NASCARKIDS.COM is operated and hosted by NASCAR Digital Media, LLC on behalf of the National Association for Stock Car Auto Racing, LLC. As used in this document, “NDM” refers to NASCAR Digital Media, LLC. As used in this document, “NASCAR” refers to the National Association for Stock Car Auto Racing, LLC. As used in this document, “NASCAR Parties” means NASCARKIDS.COM, NDM, NASCAR and each of their respective parents and affiliates and the officers, directors, members, employees, advisors, subcontractors and agents of the foregoing. As used in this document, (i) “Visitor” means a NASCARKIDS.COM user that accesses the NASCARKIDS.COM web pages and associated applications without registering and/or logging-in, (ii) “Member” means a NASCARKIDS.COM user that is registered with and has an account (an “Account”) with NASCARKIDS.COM, and (iii) “User” and/or “you(r)” means and includes Members and Visitors.

Description of Service

Through the Sites, NASCAR offers a wide variety of content that pertains to sports, entertainment, collectibles, games, contests, and other forms of consumer entertainment and information. The Sites contain important information about NASCAR, and allow users to play games related to NASCAR products.

NASCAR makes no representation that the Sites or the contents are appropriate or available for use in locations outside the United States. If you use the Sites or contents 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.

LINKS

The Sites may provide links to other World Wide Web sites or resources. Because NASCAR has no control over such sites and resources, you acknowledge and agree that NASCAR is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that NASCAR shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

General.

These Terms of Use set forth the terms and conditions that apply to your use of NASCARKIDS.COM. By using NASCARKIDS.COM (other than to read these Terms of Use for the first time), you agree to comply with all of the terms and conditions hereof. In addition, you agree that any information collected in connection with your use of NASCARKIDS.COM is subject to the NASCARKIDS.COM Privacy Policy. The right to use NASCARKIDS.COM is personal to you and is not transferable to any other person or entity. Without limiting the generality of the foregoing, if NASCARKIDS.COM offers you applications (e.g., mobile device application) or other features to download, you may only use the application or feature on a device that you own or control and such right to use the application or other feature shall be limited, non-exclusive, non-sublicensable and non-transferable. You are responsible for all use of your Account (under any screen name or password) and for ensuring that all use of your Account complies fully with the provisions of this Agreement. You shall be responsible for protecting the confidentiality of your password(s), if any. You agree not to use the account, username, or password of another User at any time. You agree to notify NASCARKIDS.COM and/or NDM immediately if you suspect any unauthorized use of your Account or access to your password. You are solely responsible for all use of your Account and/or password.

Registration Obligations

The Sites do not require registration for general access.  However, some areas of content or functionality (“Restricted Areas”) might require registration.  When you do register with us, you agree to provide accurate, current and complete information about yourself as prompted (such information being the “Registration Data”) and to maintain and promptly update the Registration Data to keep it accurate, cu5rrent and complete.  If you provide any information that is inaccurate, not current or incomplete, or if NASCAR has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, NASCAR may termination your access to areas requiring registration and any account(s) you have registered, at its sole discretion.

Changes in Terms.

The NASCAR Parties shall have the right at any time to change or discontinue any aspect or feature of NASCARKIDS.COM, including, but not limited to, content, hours of availability, and equipment needed for access or use. The NASCAR Parties shall have the right at any time to change or modify the terms and conditions applicable to your use of NASCARKIDS.COM, or any part pertaining to that, including these Terms of Use, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means determined by the NASCAR Parties, including, but not limited to, posting on and/or through NASCARKIDS.COM, or by electronic or conventional mail, or by any other means by which you obtain notice. Any use of NASCARKIDS.COM by you after such notice shall be deemed to constitute your acceptance of such changes, modifications, or additions.

Equipment.

You shall be responsible for obtaining and maintaining all telecommunication devices, computer hardware and other services and equipment needed for access to and use of NASCARKIDS.COM and all charges related to it. In addition, certain features that make up NASCARKIDS.COM (e.g., NASCARKIDS.COM device applications) may operate on or in connection with various products and services provided by various third parties, such as third-party handsets, tablet devices, televisions, set top devices and other devices, and third party-provided Internet access services. Without limiting the generality of the disclaimers and limitations of liability stated elsewhere in this document, you acknowledge that the NASCAR Parties do not control such third parties or their products or services and that the NASCAR Parties shall not be responsible for such third parties or their products or services.

Intellectual Property Rights of the NASCAR Parties.

NASCARKIDS.COM contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound. The entire contents of NASCARKIDS.COM are copyrighted as a collective work under the United States copyright laws. The NASCAR Parties (and/or each of their parents and/or affiliates) own copyrights in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works of, or in any way similarly exploit, any of the content, in whole or in part. To the extent expressly permitted at certain parts of NASCARKIDS.COM (if any), you may download copyrighted material for your personal non-commercial use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of the applicable NASCAR Party and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by viewing or downloading copyrighted material. The NASCAR Parties and each of their parents, affiliates and content suppliers expressly reserve all ownership and other rights (including, but not limited to, intellectual property rights) in their respective materials and no such rights are transferred to you. NASCARKIDS.COM, NDM, NASCAR, and each of their logos, are trademarks of NASCAR. All rights reserved. All other trademarks appearing on NASCARKIDS.COM are the property of their respective owners.

Interactive Areas.

NASCARKIDS.COM may contain comments sections, discussion forums, bulletin boards, fantasy games or other interactive features (“Interactive Areas”) in which you may post or upload comments or user-generated content such as video, photos, messages, other content, materials or items (collectively, “User Content”). You are solely responsible for your use of any Interactive Areas and you use them at your own risk. Interactive Areas are available for individuals aged 13 years or older. By submitting User Content to an Interactive Area, you represent that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor or have obtained the legal consent of your parent or legal guardian to enter into this Agreement, submit content, participate on NASCARKIDS.COM, and fulfill the obligations set forth in these Terms of Use, which form a binding contract between you and the NASCAR Parties.

Submissions.

By submitting Materials (defined below) to and/or via NASCARKIDS.COM, and in exchange for good and valuable consideration, the sufficiency and receipt of which you now acknowledge, you now grant to the NASCAR Parties a non-exclusive, perpetual, royalty-free, fully-paid, worldwide license to edit, telecast, rerun, reproduce, use, create derivative works of, modify, syndicate, license, print, sublicense, distribute and otherwise exhibit the Materials you submit, or any portion pertaining to that, in any manner and in any medium or forum, whether now known or hereafter devised. For the purposes of these Terms of Use, “Materials” means and includes all data, information, images, video, audio, pictures, sounds, files and/or any other content, materials and/or intellectual property.

Please choose carefully the Materials you post or otherwise submit to NASCARKIDS.COM and/or that you provide to other Users. Except with respect to personal information (e.g., DOB, address) that you submit as part of submitting a comment or request to NASCARKIDS.COM, registering for an account on NASCARKIDS.COM (which shall be maintained in accordance with the NASCARKIDS.COM Privacy Policy), your submissions are non-confidential and the NASCAR Parties have no obligation to maintain the confidentiality of any Materials you submit. Without limiting the generality of the foregoing, Materials you choose to post and/or upload to NASCARKIDS.COM will be viewed by other Users, so please do not post information, content or other Materials to which you do not wish other Users to have access.

You represent and warrant to the NASCAR Parties that: (i) you have the full legal right, power and authority to grant to the NASCAR Parties the license provided for in these Terms of Use; (ii) you own or control, or the owner(s) of such materials (and of all rights in that) has/have expressly granted you the right to submit and use, the Materials you submit; (iii) neither the Materials you submit nor the exercise of the rights granted in this text shall infringe upon or violate any rights of any third party, including, but not limited to, any intellectual property rights and/or any rights of privacy or publicity and that you have the consent of each and every identifiable natural person in any submission to use such person’s name and/or likeness in the manner contemplated by NASCARKIDS.COM; (iv) any person who appears in your submission who is a current member of the Screen Actors Guild (SAG), the American Federation of Television and Radio Actors (AFTRA) or any other similar rights society or organization is not entitled to compensation by any of the NASCAR Parties; and (v) neither the Materials you submit nor the exercise of the rights granted in this text shall defame any other person or entity. Without limiting the foregoing, you agree to pay all royalties, fees, and any other monies owing any person or entity by reason of any Materials posted by you, to or through NASCARKIDS.COM.

Any opinions, views, advice, statements, services, offers or other information or content expressed or made available by you or any third parties (e.g., other Users, professional information providers, etc.) are those of the respective author(s) or submitter(s) and not of the NASCAR Parties. THE NASCAR PARTIES DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT, NOR ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Users are solely responsible for anything contained in their submissions, message board and/or chat sessions. The NASCAR Parties do not verify, endorse or otherwise vouch for the contents of any submission, message board or chat room. Users may be held legally liable for the contents of their submissions, message board and chat sessions, and may be held legally liable if their submissions or chat sessions include, for example, material protected by copyright, trademark, patent or trade secret law or other proprietary right without permission of the author or owner, or defamatory comments. The NASCAR Parties reserve the right, in each of their sole discretion, to reject, to refuse to post and/or to remove any posting (including private messages) by you, for any or no reason, with or without prior notice, and without liability on the part of the NASCAR Parties.

The NASCAR Parties do not accept or consider business and/or programming proposals and/or similar suggestions and/or materials (“Proposals”) other than those they have specifically requested. This is to avoid the possibility of future misunderstandings when projects independently developed by the NASCAR Parties might seem to others to be similar to their own proposals or suggestions. If you do send or post any Proposals, including related ideas, notes, drawings, concepts or other information, or if you transmit them through NASCARKIDS.COM by electronic mail or otherwise, the Proposals shall be deemed, and shall remain, the property of the NASCAR Parties. None of the Proposals shall be subject to any obligation on the part of the NASCAR Parties to use the Proposals or keep them confidential and none of the NASCAR Parties shall be liable for any use or disclosure of any Proposals. The NASCAR Parties shall exclusively own any now known or hereafter existing rights to the Proposals of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Proposals for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Proposals.

Publicly Available Participation.

By participating in an Interactive Area, you acknowledge that the fact and elements of your participation will be publicly available on NASCARKIDS.COM to other NASCARKIDS.COM Users and may be included in the search results of Internet search engines (e.g., Google and Bing, etc.). For example, if you comment on a story, play a fantasy game, enter a public chat or interact with NASCARKIDS.COM in any other way, unless otherwise noted, your interactions will be published live on the NASCARKIDS.COM newsfeed and maintained in your public profile. If you do not want your participation listed on the news feed or included in the search results of Internet search engines, do not interact with NASCARKIDS.COM.

User Conduct.

By viewing NASCARKIDS.COM or participating in the Interactive Areas, you agree to the following:

A.     Lawful Use. You shall use NASCARKIDS.COM for lawful purposes only. You shall not post or transmit through NASCARKIDS.COM any material that violates or infringes in any way the rights of others, that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or that, without the NASCAR Parties’ express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that, as determined by the NASCAR Parties in the NASCAR Parties’ discretion, restricts or inhibits any other User from using or enjoying NASCARKIDS.COM will not be permitted. User shall not use NASCARKIDS.COM to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of Users to become subscribers of other on-line information services competitive with NASCARKIDS.COM.

B.    Naming Policy. When selecting a display name for use on NASCARKIDS.COM web sites, you must abide by the following Naming Policy set forth below (and if NASCARKIDS.COM changes it, you will abide by all changes after it is posted here.)

     § Names may not be offensive, sexually explicit, vulgar, racist, hateful, obscene, defamatory, or any other language that is offensive in nature (including common swear words, names concerned with anatomical references, and intentional misspellings, anagrams, combinations, and homonyms of these words).

     § Names may not be used that harass or damage the reputation of another user, the NASCAR Parties or any of the NASCAR Parties’ employees or agents.

     § Names may not be a name or handle of any of the NASCAR Parties’ employees or agents.

     § Names may not include any unlawful reference to trademarked names, materials or products.

     § Names may not incorporate names of other people, including drivers, crew chiefs, broadcast talent, actors, celebrities, or other personalities or individuals in a manner that creates confusion or false affiliation.

     § Names may not be religiously or historically sensitive.

     § Names may not have a title or rank within them suggesting affiliation with the NASCAR Parties.

     § Names may not contain a phrase, sentence, or any fragment of a sentence.

     § Names may not include any telephone numbers, credit card numbers, social security numbers, street addresses, or email/instant message addresses other than your own (and NASCARKIDS.COM strongly recommends that you not use your own either).

     § Names may not use misspellings or alternative spellings of names that violate any of the rules above.

C.    User Content. You shall not upload, post or otherwise make available on NASCARKIDS.COM any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, intellectual property or proprietary rights, or any other harm resulting from such a submission.

D.   User Rules of Conduct. Without limiting any other term listed, if you submit any User Content (including, but not limited to, any screen name) or participate in an Interactive Area within or in connection with NASCARKIDS.COM you agree to abide by the following Rules of Conduct:

     § You agree not to upload, post or otherwise transmit any User Content that violates or infringes in any way the rights of others, including any statements that may defame, harass, stalk or threaten others.

     § You agree not to upload, post or otherwise transmit any User Content that is offensive to the online community, including blatant expressions of bigotry, racism, abusiveness, vulgarity or profanity.

     § You agree not to upload, post or otherwise transmit any material that contains or advocates profane or obscene material as determined in the NASCAR Parties’ discretion.

     § You agree not to upload, post or otherwise transmit any User Content that violates any law or engage in activity that would constitute a criminal offense or give rise to a civil liability.

     § You agree not to upload, post or otherwise transmit any User Content that advocates or provides instruction on illegal activity or discuss illegal activities with the intent to commit them.

     § You agree not to upload, post or otherwise transmit User Content that does not generally pertain to the designated topic or theme of any Interactive Area.

     § You agree not to impersonate any person or entity, including, but not limited to, any of the NASCAR Parties, racing teams, racing or NASCARKIDS.COM sponsors, employees or associated persons, or falsely state or otherwise misrepresent your affiliation with any person or entity.

     § You agree not to interfere with any other User’s right to privacy, including by harvesting or collecting personally identifiable information about NASCARKIDS.COM Users or posting private information about a third party.

     § You agree not to upload, post or otherwise transmit any User Content, software or other materials that contain a virus or other harmful or disruptive component.

     § You agree not to interfere with or disrupt NASCARKIDS.COM or the servers or networks connected to NASCARKIDS.COM, or disobey any requirements, procedures, policies or regulations of networks connected to NASCARKIDS.COM.

     § You agree not to upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.

     § You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of NASCARKIDS.COM, use of NASCARKIDS.COM, or access to NASCARKIDS.COM.

Any conduct that the NASCAR Parties determine, in the NASCAR Parties’ sole discretion, restricts or inhibits anyone else from using or enjoying NASCARKIDS.COM will not be permitted. The NASCAR Parties reserve the right in any of their sole discretion to remove or edit User Content by you and to terminate your Account for any reason. The NASCAR Parties are not responsible for User Content submitted to NASCARKIDS.COM or posted in comments sections, chat rooms, on bulletin boards or on other Interactive Areas by users of NASCARKIDS.COM.

E.    Monitoring. The NASCAR Parties reserve the right, but have no obligation, to monitor the User Content and/or any other Materials posted in the Interactive Areas or any other areas of NASCARKIDS.COM, including chat rooms, comments, newsfeeds and forums. The NASCAR Parties shall have the right in each of their sole discretion to remove or edit any User Content that violates or is alleged to violate any applicable law or the spirit of these Terms of      Use. Notwithstanding this right of the NASCAR Parties, YOU REMAIN SOLELY RESPONSIBLE FOR THE USER CONTENT AND OTHER MATERIALS YOU POST IN THE INTERACTIVE AREAS AND/OR OTHER AREAS OF NASCARKIDS.COM AND/OR IN YOUR PRIVATE MESSAGES. In no event shall any of the NASCAR Parties assume or have any liability or responsibility for any User Content or other User-submitted Materials or for any claims, damages or losses resulting from destruction, display, misuse or other use of such User Content or Materials.

F.       Moral Rights. If it is determined that you retain moral rights (including rights of attribution or integrity) in the User Content, you now declare that: (a) you do not require that any personally identifying information be used in connection with the User Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the User Content by the NASCAR Parties, or any of their licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and (d) you forever release the NASCAR  Parties and their respective licensees, successors and assigns, from any claims that you could otherwise assert against any of them by virtue of any such moral rights. You also permit any other user to access, view, store or reproduce the User Content for that user’s personal use.

G.    Spamming is not allowed. The NASCAR Parties reserve the right to restrict the number of emails and/or other messages that a Member may send to other Members in any twenty-four hour period via NASCARKIDS.COM features. If you breach these Terms of Use by sending unsolicited bulk email, comments, instant messages or other unsolicited communications of any kind through NASCARKIDS.COM, you acknowledge that you will have caused substantial harm to the NASCAR Parties, but that the amount of such harm would be extremely difficult to measure. As a reasonable estimation of such harm, and without limiting any other rights or remedies available to the NASCAR Parties (whether at law, in equity or otherwise) you agree to pay the NASCAR Parties fifty dollars ($50) for each such unsolicited email or other unsolicited communication you send through NASCARKIDS.COM features.

H.      No Obligation. User Content submitted by you will be considered non-confidential and the NASCAR Parties are under no obligation to treat such User Content as proprietary information except pursuant to the NASCARKIDS.COM Privacy Policy. Without limiting the foregoing, the NASCAR Parties reserve the right to use any User Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. The NASCAR Parties are under no obligation to edit, delete or otherwise modify User Content once it has been submitted to the NASCAR Parties. The NASCAR Parties shall have no duty to attribute authorship of User Content to you and shall not be obligated to enforce any form of attribution by third parties.

Advertisements and Promotions.

The NASCAR Parties may run advertisements and promotions from third parties on NASCARKIDS.COM. All revenue generated by such advertising is the property of the NASCAR Parties. Your business dealings or correspondence with, or participation in promotions of, advertisers other than the NASCAR Parties, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. The NASCAR Parties are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on NASCARKIDS.COM.

The NASCAR Parties may offer you opportunities to vote in connection with certain events and to participate in contests, sweepstakes or other promotions. By participating in any such event, you signify your agreement to all special terms set forth on or in connection to the event as well as the terms of this Agreement.

Eligibility to win certain prizes offered on the Sites may be limited to individuals who are registered users and who are legal residents of any of the fifty (50) United States and Washington D.C., and who are at least eighteen years of age.  However, you should check the rules of each game or contest for specific eligibility requirements.  Employees of NASCAR or members of their immediate families or households are not eligible to win prizes offered on the Sites.  All competitions involving prizes are void where prohibited by law.  In some instances, prizes will not be distributed by NASCAR unless and until the notified winner(s) have executed an affidavit affirming their eligibility that will be provided by NASCAR at the time of notification.  If any eligible winner fails to execute the required affidavit within thirty (30) days of its issuance by NASCAR, or if they refuse to accept a prize for any reason, NASCAR may award the prize to one or multiple participants, in accordance with the official game rules.

Disclaimer of Warranty; Limitation of Liability.

A.       YOU EXPRESSLY AGREE THAT YOUR USE OF NASCARKIDS.COM IS AT YOUR SOLE RISK. NEITHER THE NASCAR PARTIES NOR ANY OF THEIR RESPECTIVE THIRD-PARTY CONTENT PROVIDERS, VENDORS OR LICENSORS WARRANT THAT NASCARKIDS.COM WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF NASCARKIDS.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED BY OR THROUGH NASCARKIDS.COM.

B.       NASCARKIDS.COM, INCLUDING, WITHOUT LIMITATION, ANY DOWNLOADABLE SOFTWARE, IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE.

C.       USER SPECIFICALLY ACKNOWLEDGES THAT THE NASCAR PARTIES AND THEIR RESPECTIVE THIRD-PARTY CONTENT PROVIDERS, VENDORS AND LICENSORS SHALL NOT IN ANY EVENT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.

D.       TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL ANY NASCAR PARTY, OR ITS PRESENT OR FUTURE PARENTS OR AFFILIATED COMPANIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING NASCARKIDS.COM, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY CONTENT PROVIDERS, VENDORS AND LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF USE OF NASCARKIDS.COM OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF NASCARKIDS.COM, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON NASCARKIDS.COM. USER NOW ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION APPLY TO ALL CONTENT AND FEATURES COMPRISING NASCARKIDS.COM. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF A NASCAR PARTY, OR ITS PRESENT OR FUTURE PARENTS OR AFFILIATED COMPANIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING NASCARKIDS.COM, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY CONTENT PROVIDERS, VENDORS AND LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT ANY  NASCAR PARTY, OR ITS PRESENT OR FUTURE PARENTS OR AFFILIATED COMPANIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING NASCARKIDS.COM, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY CONTENT PROVIDERS, VENDORS AND LICENSORS ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF NASCARKIDS.COM OR ANY OTHER THIRD PARTIES.

IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

E.       UNLESS AND EXCEPT AS OTHERWISE SPECIFICALLY STATED WITHIN NASCARKIDS.COM, AWARDS, SUCH AS BADGES, AND SIMILAR ITEMS PROVIDED BY NASCARKIDS.COM, ARE PROVIDED FOR ENTERTAINMENT PURPOSES ONLY AND DO NOT HAVE MONETARY OR SIMILAR VALUE.

Indemnification.

You shall defend, indemnify and hold harmless the NASCAR Parties and their respective directors, officers, shareholders, members, employees, agents, third-party content providers, vendors and licensors from and against all claims, damages, losses and expenses, including attorneys’ fees, arising out of the use of NASCARKIDS.COM by You, and/or arising out of use of Your Account (whether or not by You), and/or arising out of Your other acts or omissions. The NASCAR Parties reserve the right to take over the exclusive defense of any claim for which any party is entitled to indemnification under this Section. In such event, you shall provide the NASCAR Parties with such cooperation as is reasonably requested by the NASCAR Parties.

Termination.

The NASCAR Parties may change, suspend or discontinue any aspect of NASCARKIDS.COM at any time, including the availability of any feature, database, or content. The NASCAR Parties may also impose limits on certain features and services or restrict your access to parts or all of NASCARKIDS.COM without notice or liability at any time in the NASCAR Parties’ sole discretion, without prejudice to any legal or equitable remedies available to the NASCAR Parties, for any reason or purpose, including, but not limited to, conduct that the NASCAR Parties believe violates these Terms of Use or other policies or guidelines posted on NASCARKIDS.COM or conduct that the NASCAR Parties believe is harmful to other customers, to the NASCAR Parties’ business, or to other information providers. Upon any termination of these Terms of Use, you shall immediately discontinue your use and access of NASCARKIDS.COM and destroy all materials obtained from it. The provisions reasonably necessary to effectuate the intent hereof post termination shall survive.

Governing Law.

The content, data, video, and all other material and features on NASCARKIDS.COM are presented for the purpose of providing entertainment, news and/or information and/or promoting programs, films, music, games, and other products and/or services that are or may become available in the United States, its territories, possessions, and protectorates.

Any and all disputes, claims and controversies arising out of or in connection with your access to, and/or use of NASCARKIDS.COM, and/or the provision of content, services, and/or technology on or through NASCARKIDS.COM shall be governed by and construed exclusively in accordance with the laws and decisions of the State of Florida applicable to contracts made, entered into and performed entirely in it, without giving effect to its conflict of laws provisions, and the courts in the State of Florida shall be the exclusive forum for any disputes.

Class Action Waiver.

PLEASE READ THIS SECTION CAREFULLY -- IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

You agree that you will not sue the NASCAR Parties as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any class, consolidated, or representative proceeding (existing or future) brought by any third-party against the NASCAR Parties. Nothing in this section, however, limits your rights to bring a lawsuit as an individual plaintiff.

If any court determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason, then the disputes, claims or controversies must be litigated in federal court located in Volusia County, Florida.

The terms of this provision will also apply to any claims asserted by you against any past, present or future parent or affiliated company of the NASCAR Parties, person or entity for whose actions the NASCAR Parties could be liable, or any person or entity involved in creating, producing or distributing NASCARKIDS.COM, including, without limitation, third-party content providers, vendors and licensors, to the extent that any such claims arise out of your access to, and/or use of NASCARKIDS.COM, and/or the provision of content, services, and/or technology on or through NASCARKIDS.COM.

Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff in court.

Miscellaneous.

These Terms of Use, including the Privacy Policy, and any operating rules for NASCARKIDS.COM established by the NASCAR Parties, constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of these Terms of Use are for the benefit of the NASCAR Parties, present or future parent or affiliated companies of the NASCAR Parties, and any person or entity involved in creating, producing or distributing NASCARKIDS.COM, including, without limitation, third-party content providers, vendors and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. If you access NASCARKIDS.COM, including its Interactive Areas, from any location other than the United States, you accept full responsibility for compliance with all local laws. You are also subject to United States export controls and are responsible for any violations of United States embargoes or other federal rules and regulations restricting exports. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of these Terms of Use is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these Terms of Use will remain binding upon the parties. The section headings used in this text are for convenience only and shall not be given any legal import.

Neither the NASCAR Parties nor you shall be liable for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, terrorism, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

Waiver and Severability of Terms. The failure of NASCAR to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. If any provision of these TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these TOS remain in full force and effect.

Notice of Infringement of Copyright.

The NASCAR Parties respect the rights of all copyright holders and in this regard, the NASCAR Parties have adopted and implemented a policy that provides for the termination in appropriate circumstances of Users 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 the NASCAR Parties’ Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. Section 512[GJ1] :

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 accurate, 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.

For copyright inquiries under the Digital Millennium Copyright Act please contact: [email protected]

Interpretation

For purposes of this Agreement, (a) the words “include,” “includes” and “including” are deemed to be followed by the words “without limitation”; (b) the word “or” is not exclusive (e.g., for a list of two alternatives, “or” means either of those alternatives or both alternatives); (c) words denoting the singular have a comparable meaning when used in the plural, and vice-versa.

 

NASCAR
Copyright Agent - Legal Department
One Daytona Boulevard
Daytona Beach, Florida
Email: [email protected]