1. Your Acceptance
2. Motorsport.com Website
- The Motorsport.com Website may contain links to third party websites that are not owned or controlled by Motorsport.com. Motorsport.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Motorsport.com will not and cannot censor or edit the content of any third-party site. By using the Motorsport.com Website, you expressly release Motorsport.com from any and all liability arising from your use of any third-party website.
3. Motorsport.com Accounts
- In order to access some features of the Motorsport.com Website, you will have to create a Motorsport.com member account, which is subject to a separate Motorsport.com Member Agreement, which can be accessed at https://www.motorsport.com/info/membership-agreement/. You may not use another's account without permission. 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 Motorsport.com immediately of any breach of security or unauthorized use of your account.
- Although Motorsport.com will not be liable for your losses caused by any unauthorized use of your account; you may be liable for the losses of Motorsport.com or others due to such unauthorized use.
4. Use of the Motorsport.com Website - Permissions and Restrictions
- You agree not to distribute in any medium any part of the Motorsport.com Website, including but not limited to User Submissions (defined below), without Motorsport.com's prior written authorization.
- You agree not to alter or modify any part of the Motorsport.com Website, including but not limited to the technologies it utilizes.
- You agree not to access User Submissions (defined below) or Motorsport.com content through any technology or means other than the pages of the Motorsport.com Website itself or other explicitly authorized means Motorsport.com may designate.
You agree not to use the Motorsport.com Website, including the Motorsport.com's embeddable video player for any commercial use, without the prior written authorization of Motorsport.com. Prohibited commercial uses include any of the following actions taken without Motorsport.com's express approval:
- sale of access to the Motorsport.com Website or its related services on another website;
- use of the Motorsport.com Website or its related services for the primary purpose of gaining advertising or subscription revenue;
- the sale of advertising, on the Motorsport.com Website or any third-party website, targeted to the content of specific User Submissions or Motorsport.com content;
- any use of the Motorsport.com Website or its related services that Motorsport.com finds, in its sole discretion, to use Motorsport.com's resources or User Submissions with the effect of competing with or displacing the market for Motorsport.com, Motorsport.com content, or its User Submissions.
- Permitted commercial uses include uploading an original video to Motorsport.com, or maintaining an original channel on Motorsport.com, to promote your business or racing team, subject to the terms of the Motorsport.com Member Agreement, and any other use that Motorsport.com expressly authorizes in writing.
- If you use the Motorsport.com embeddable player on your website, you must include a prominent link back to the Motorsport.com Website on the pages containing the embeddable player and you may not modify, build upon, or block any portion of Motorsport.com's embeddable player in any way.
- You agree not to use or launch any automated system, including without limitation, "robots", "spiders" or "offline readers", to generate artificial views of Video Content, or to otherwise access the Motorsport.com Website in a manner that sends more request messages to the Motorsport.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Motorsport.com grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Motorsport.com reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Motorsport.com Website, nor to use the communication systems provided by the Motorsport.com Website (e.g. discussion forums, comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Motorsport.com Website with respect to their User Submissions.
- Motorsport.com reserves the right to discontinue any aspect of the Motorsport.com Website at any time.
5. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Motorsport.com Website:
- The content on the Motorsport.com 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 Motorsport.com, subject to copyright and other intellectual property rights under the law. Content on the Motorsport.com 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. Motorsport.com reserves all rights not expressly granted in and to the Motorsport.com Website and its contents.
- You may access User Submissions solely for your information and personal use, or as otherwise intended through the normal functionality of the Motorsport.com Website.
- User comments are made available to you for your information and personal use solely as intended through the normal functionality of the Motorsport.com Website. 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 Motorsport.com Website or otherwise as prohibited under this Agreement.
- You may access Motorsport.com Content, User Submissions and other content only as permitted under this Agreement. Motorsport.com reserves all rights not expressly granted in and to the Motorsport.com Content and the Motorsport.com Website.
- You agree to not engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Motorsport.com Website for any commercial purposes.
- You agree not to circumvent, disable or otherwise interfere with security-related features of the Motorsport.com Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Motorsport.com Website or it’s Content.
- You understand that when using the Motorsport.com Website, you will be exposed to User Submissions from a variety of sources, and that Motorsport.com is not responsible for the accuracy, functionality, 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 Motorsport.com with respect thereto, and agree to indemnify and hold Motorsport.com, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Motorsport.com Website.
6. Account Termination Policy
- Motorsport.com reserves the right to decide whether Content or a User Submission is appropriate for display on the Motorsport.com Website, and Motorsport.com may remove any User Submissions or Content at any time, without prior notice, in its sole discretion.
7. Digital Millennium Copyright Act
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 Motorsport.com's copyright department with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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.
- Notifications of claimed infringement should be emailed to en_au.copyright@Motorsport.com. You acknowledge that if you fail to comply with all of the requirements of this Section 8(A), your DMCA notice may not be valid.
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 or disabled;
- 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 Miami, Florida, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
- If a counter-notice is received by Motorsport.com copyright department, Motorsport.com 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 Motorsport.com's sole discretion.
8. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE MOTORSPORT.COM WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MOTORSPORT.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE MOTORSPORT.COM WEBSITE AND YOUR USE THEREOF. MOTORSPORT.COM 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 THE MOTORSPORT.COM 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 THE MOTORSPORT.COM WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE MOTORSPORT.COM 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 MOTORSPORT.COM WEBSITE. MOTORSPORT.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MOTORSPORT.COM WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MOTORSPORT.COM 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.
9. Limitation of Liability
IN NO EVENT SHALL MOTORSPORT.COM, 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 THE MOTORSPORT.COM 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 THE MOTORSPORT.COM WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE MOTORSPORT.COM 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 MOTORSPORT.COM 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 MOTORSPORT.COM 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 Motorsport.com Website is controlled and offered by Motorsport.com from its facilities in the United States of America. Motorsport.com makes no representations that the Motorsport.com Website is appropriate or available for use in other locations. Those who access or use the Motorsport.com Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Payments, Billing; Subscriptions
1. Subscriptions and other services requiring payment generally require use of a valid credit card, use of a valid PayPal, Apple Pay, or Google Pay account, or a bank wire transfer. Motorsport.com and its business partners reserve the right, in their sole discretion, to establish other acceptable alternative payment methods for specific services or products. You are solely responsible for charges owed for all goods and services purchased through this site, including, but not limited to, applicable taxes, shipping charges, insurance, and any other costs.
2. While Motorsport.com may offer a limited number of news articles for free, Motorsport Prime charges a fee to access Content that requires a subscription in order to offer Content that Motorsport.com would not otherwise be able to make available without charging a fee.
3. You can find the specific details regarding your subscription at any time by logging in on the Motorsport.com Platform and clicking on Dashboard under your profile image. You agree that your subscription is for individual use only. This means that you may not download and/or republish and/or redistribute and/or store in a retrieval system any content (text, images or otherwise) from our websites, in whole or in part, without the express written permission of Motorsport.com. Please note that failing to respect the terms of our service may result in your immediate ban and with no reimbursement, while further legal action can be taken against you in serious cases of copyright infringements. Giving out your login details to others may result in your ban and no reimbursement.
4. Because the Service is offered in multiple time zones, for consistency, a “day” for purposes of these TOS begins at 12:00 a.m. Eastern Time and ends at 11:59 p.m. Eastern Time of that same calendar day.
5. Billing. By providing a credit card or other payment method accepted by Motorsport.com (“Payment Method”) for your subscription, you are expressly agreeing that Motorsport.com is authorized to charge you a subscription fee (including for ongoing renewals until you cancel your subscription), any other fees for additional services you may purchase, and any applicable taxes in connection with your use of your subscription to the Payment Method. If you want to use a different Payment Method than the one you signed up to use during registration, or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by logging in on the Motorsport.com Platform and clicking on Dashboard under your profile image. When you provide a Payment Method to access a subscription, including in connection with a free trial offer (if applicable), our system will attempt to verify the information you entered. Motorsport.com does this by processing an authorization hold, which is a standard practice. Motorsport.com does not charge you in connection with this authorization hold. If your Payment Method expires and you do not update your Payment Method information or cancel your account, you authorize Motorsport.com to continue billing you, and regardless of the status of your Payment Method, you will remain responsible to pay for any unpaid amounts.
6. As used in these TOS “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. We will bill the subscription fee at the beginning of your subscription or upon the expiration of your free trial period, if any, whichever is earlier, and on each renewal date thereafter (monthly or annually, as applicable), unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these TOS. To see the commencement date for your next renewal period, log in on the applicable Motorsport.com Platform and click on Dashboard under your profile image.
7. Motorsport.com automatically bills your Payment Method each month or year (depending on the subscription) generally on the calendar day corresponding to the commencement of your subscription. As in the case with monthly subscriptions, if your subscription begins on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you became a paying subscriber on January 31st, your Payment Method would next be billed on February 28th. If you change your Payment Method, this could result in changing the calendar day upon which you are billed. You acknowledge that the amount billed each monthly or annual period may vary due to promotional offers, changes in your subscription, and changes in applicable taxes, and you authorize Motorsport.com to charge your Payment Method for the corresponding amounts. If Motorsport.com changes the subscription fees or other charges for your subscription, Motorsport.com will give you advance notice of these changes by email and you will have the option to cancel your subscription before any price increase takes effect. However, Motorsport.com will not be able to notify you of changes in any applicable taxes.
8. Very rarely, if there are special circumstances where Motorsport.com determines it is appropriate (e.g., your subscription service is unavailable for days due to technical difficulties), Motorsport.com may provide credits to affected subscribers. The amount and form of such credits, and the decision to provide them, are at Motorsport.com's sole and absolute discretion, and the provision of credits in one instance does not entitle anyone to credits in the future under similar or different circumstances.
9. Ongoing Subscription and Cancellation. Your subscription will continue in effect on a month-to-month or annual basis (depending on subscription selected), unless and until you cancel your subscription or the account or Service is otherwise suspended or discontinued pursuant to these TOS. You must cancel your subscription at least 24 hours before your monthly or annual renewal date in order to avoid being charged for the next billing period. Motorsport.com will bill the monthly or annual subscription fee plus any applicable taxes to the Payment Method you provide to Motorsport.com during registration (or to a different Payment Method if you change your account information). If you cancel your subscription, cancellation will be effective at the end of the then current monthly period or annual period – this means that you will have continued access to your subscription for the remainder of that period, and you will not receive a credit or refund in respect of the period between the date you inform us of your cancellation and the end of the current monthly period or annual period. You can cancel your subscription by sending an email to our customer service team at email@example.com.
10. Unpaid Amounts. It is important that each subscriber honor their payment obligations to which they agreed. Accordingly, Motorsport.com reserves the right to pursue any amounts you fail to pay in connection with your subscription. You will remain liable for all such amounts and all costs incurred in connection with the collection of these amounts, including, without limitation, bank overdraft fees, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.
11. Motorsport.com Subscription Tiers. A subscription to "Motorsport Prime" enables the subscriber to access an unlimited number of articles, subscriber-only Motorsport Prime content, while being subject to a relatively limited quantity of ads compared to non-subscribers. A subscription to a “Low-Ads” subscription will only allow the subscriber to use Motorsport.com with a limited number of ads compared to non-subscribers.
12. Registered Accounts. A user may create an account on Motorsport.com for free which may entitle the user to access a limited number of extra articles. The number of extra articles is at the discretion of Motorsport.com and may change on a regular basis.