Conditions d’utilisation

PLEASE READ THESE WEBSITE TERMS OF USE CAREFULLY BEFORE USING OUR WEBSITE, APPLICATIONS OR ANY OTHER MOTORSPORT NETWORK, LLC PRODUCT OR SERVICE (THE “WEBSITE”). THESE WEBSITE TERMS OF USE (THE “TERMS OF USE”) GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE. THE WEBSITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT (“YOU” OR “YOUR”) SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE.

 

1. User Eligibility

 

The Website is provided by Motorsport Network, LLC and available only to entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law. If You are under the age of legal majority, You are not permitted to use the Website unless we receive parental consent.

 

2. Scope of Terms of Use

 

These Terms of Use govern Your use of the Website and all applications, software, and services (collectively, “Services”) available on the Website, except to the extent such Services are the subject of a separate agreement. Specific terms or agreements may apply to the use of certain Services and other items provided to You on the Website (“Terms of Service”). Any such Terms of Service accompany the applicable Services or are listed in association with or through a hyperlink associated with the applicable Services.

 

3. Modifications

 

We may terminate, change, suspend or discontinue any aspect of the Website, including the availability of any features of the Website, at any time and without notice. We also reserve the right, at our sole discretion, to change, modify, add or remove any portion of these Terms of Use in whole or in part, at any time and without notice. Accordingly, this means we may terminate the authorization, rights, and license given in these Terms of Use at any time and without notice. Your continued use of the Website after any changes to these Site Rules are posted will be considered acceptance of those changes.

 

4. License and Ownership

 

The Website and all of its materials, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, video, and audio (collectively, "Materials”) are protected by copyright laws and other U.S. and international laws and treaties and are property of Motorsport Network LLC or its licensors. All Materials are provided through the Website as a service to its current and prospective visitors and may be used only for personal and informational purposes and only if you also retain all copyright and other proprietary notices contained on the Materials. No right, title or interest in Motorsport Network LLC Materials is conveyed to you. You may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit the Website or any of its Materials without our prior written permission; you may not access or use the Website for any competitive or commercial purpose; nor may you permit any copying of our Materials. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these Materials is prohibited. Any and all rights not expressly granted are reserved by Motorsport Network LLC, as applicable.

 

5.  Limited License

 

You are permitted to share Materials or content provided through the Website on social media websites and applications such as Facebook, Twitter, Instagram, or similar services, provided, however, that any and all original watermarks, copyright notices, or other marks indicated ownership by Motorsport Network LLC or its affiliates must remain intact. This permission is a limited license to use the Materials solely for such purposes and does not represent a transfer of title in any Motorsport Network LLC Materials or content.

6.  Trademarks

 

Motorsport Network LLC owns all rights regarding its trademarks, trade names, logos, brand names and trade dress ("Trademarks"). These Trademarks are registered and/or common law trademarks of Motorsport Network LLC and they are protected by U.S. and international laws and treaties. No license to the use of such Trademarks is granted to you under these Terms of Use or by your use of the Website. Your misuse of our Trademarks displayed on the Website is strictly prohibited. You are also advised that we may aggressively enforce our intellectual property rights to the fullest extent of the law, including through civil remedies and criminal prosecution.

7.  Prohibited Uses of Website and Services

 

You shall not post, transmit, redistribute, upload, or promote any communications, content or materials that contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another's computer; are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; contain chain letters or pyramid schemes; contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; impersonate any person, business or entity, including us (our brands, lines of business, subsidiaries, and affiliated companies) and our employees and agents; encourage conduct that would constitute a criminal offense; give rise to civil liability; violate any law; or exhibit any conduct that, in our judgment, restricts, impairs, interferes or inhibits any other user from using or enjoying the Website and/or our related services and products. Motorsport Network LLC reserves the right to block or deny access to the Website to anyone at any time for any reason. 

8.  Restrictions on Use of the Website


In addition to other restrictions set forth in these Terms of Use, You agree that:

(a) You shall not disguise the origin of information transmitted through the Website;

(b) You will not place false or misleading information on the Website;

(c) You will not use or access any service, information, application or software available via the Website in a manner not expressly permitted by Motorsport Network LLC;

(e) Certain areas of the Website are restricted to paying customers;

(f) You may not use or access the Website or the Services in any way that, in the judgment of Motorsport Network LLC, adversely affects the performance or function of the Website or interferes with the ability of authorized parties to access the Website or Services;

(g) You may not frame or utilize framing techniques to enclose any portion or aspect of the Content or the Information, without the express written consent of Motorsport Network LLC.

 

9.  Links

 

(a) Outbound Links. The Website may contain links to third-party websites and resources (collectively, “Linked Sites”). These Linked Sites are provided solely as a convenience to You and not as an endorsement by Motorsport Network LLC of the content on such Linked Sites. We make no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any Linked Site. The Company is not responsible for the availability of the Linked Sites or the content or activities of such sites. If You decide to access Linked Sites, You do so at Your own risk. In addition, Your use of Linked Sites is subject to any applicable policies and terms and conditions of use, including but not limited to, the Linked Site’s privacy policy.

 

(b) Inbound Links. Linking to any page of the Website other than to [URL] through a plain text link is strictly prohibited in the absence of a separate linking agreement with The Company. Any website or other device that links to [URL] or any page available therein is prohibited from (a) replicating Content, (b) using a browser or border environment around the Content, (c) implying in any fashion that Motorsport Network LLC or any of its affiliates are endorsing it or its products, (d) misrepresenting any state of facts, including its relationship with Motorsport Network LLC or any of its affiliates, (e) presenting false information about Motorsport Network LLC products or services, and (f) using any logo or mark of Motorsport Network LLC or any of its affiliates without express written permission.


10.  Submissions

 

Motorsport Network LLC does not accept ideas, concepts, or techniques for new services or products through the Website (“Comments”).  If such Comments are received, You acknowledge that (a) they will not be considered confidential or proprietary, (b) Motorsport Network LLC and its affiliates are under no obligation to keep such information confidential, and (c) Motorsport Network LLC will have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute, and exploit such Comments in any manner it chooses.

 

11.  Termination

 

You agree that Motorsport Network LLC, in its sole discretion, may terminate or suspend Your use of the Website, the Services and content at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others.  Upon such suspension or termination, You must immediately (a) discontinue use of the Website, and (b) destroy any copies You have made of any portion of the content.  Accessing the Website, or any Motorsport Network LLC Services, systems, or information after such termination, suspension or discontinuation shall constitute an act of trespass.  Further, You agree that Motorsport Network LLC shall not be liable to You or any third party for any termination or suspension of Your access to the Website.

 

12.   Disclaimer of Warranties

 

MOTORSPORT NETWORK LLC MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE WEBSITE, OR THE INFORMATION OR CONTENT CONTAINED THEREIN.  THE USE OF SAME IS AT YOUR OWN RISK.

THE WEBSITE, THE INFORMATION, AND THE CONTENT THEREIN ARE PROVIDED ON AN “AS IS” BASIS.  MOTORSPORT NETWORK LLC, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE.  MOTORSPORT NETWORK LLC AND ITS AFFILIATES, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE CONTENT, INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE WEBSITE.  NO INFORMATION OBTAINED BY YOU FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY MOTORSPORT NETWORK LLC IN THESE TERMS OF USE.

 

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU.  IF YOU ARE DEALING AS A CONSUMER, YOUR STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS.  YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF USE ARE FAIR AND REASONABLE.

 

13.  Limitation of Liability

 

TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THAT MOTORSPORT NETWORK LLC IS OTHERWISE FOUND RESPONSIBLE FOR ANY DAMAGES, THE COMPANY IS RESPONSIBLE FOR ACTUAL DAMAGES ONLY.  TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MOTORSPORT NETWORK LLC, ITS AFFILIATES, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE WEBSITE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE WEBSITE, THE INFORMATION, SERVICES OR THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MOTORSPORT NETWORK LLC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.

 

14.  Compliance with Law

 

You agree to use the Website in strict compliance with all applicable laws, rulings and regulations and in a fashion that does not, in the sole judgment of Motorsport Network LLC, negatively reflect on its goodwill or reputation, and shall take no actions which would cause Motorsport Network LLC to be in violation of any applicable laws, rulings or regulations.

 

15.  Jurisdiction

 

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE, THE MOTORSPORT NETWORK SYSTEMS, INFORMATION, SERVICES AND CONTENT SHALL BE INSTITUTED IN A STATE OR FEDERAL COURT SITTING IN THE COUNTY OF MIAMI-DADE, STATE OF FLORIDA, UNITED STATES OF AMERICA AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR HEREAFTER TO THE LAYING OF THE VENUE OR TO THE JURISDICTION OF ANY SUCH PROCEEDING.  YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, THE SYSTEMS, INFORMATION, SERVICES AND/OR CONTENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.

 

16.  Governing Law and Language

 

To the fullest extent permitted by law, these Terms of Use are governed by the internal substantive laws of the State of Florida, United States of America, excluding Florida’s conflicts of laws principles.

 

17.  General

 

You may not assign these Terms of Use or any of Your interests, rights or obligations under these Terms of Use.  If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.  No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

 

18.  Written Document

 

You may preserve these Terms of Use in written form by printing them for Your records, and You waive any other requirement that these Terms of Use be evidenced by a written document.

 

19.  Complete Agreement

 

EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE LICENSE, SERVICE OR OTHER WRITTEN AGREEMENT BETWEEN YOU AND MOTORSPORT NETWORK LLC, THESE TERMS OF USE CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND THE COMPANY WITH RESPECT TO THE USE OF THE WEBSITE, THE SYSTEMS, AND ANY SOFTWARE OR SERVICE, INFORMATION AND CONTENT CONTAINED THEREIN, AND SUPERSEDE ALL DISCUSSIONS, COMMUNICATIONS, CONVERSATIONS AND AGREEMENTS CONCERNING THE SUBJECT MATTER HEREOF.


Effective May 10, 2018