1. Definitions. FANSCHOICE.tv is operated by the National Association for Stock Car Auto Racing, Inc. or its affiliate ("NASCAR"). As used in this document, "NASCAR Parties" means NASCAR and its parent, subsidiaries and affiliates and the officers, directors, members, shareholders, employees, advisors and agents of the foregoing. As used in this document, "Visitor," "User" and/or "you(r)" means a FANSCHOICE.tv user that accesses the FANSCHOICE.tv web pages and associated applications without registering and/or logging-in.
4. 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 FANSCHOICE.tv and all charges related thereto. In addition, certain features that make up FANSCHOICE.tv (e.g., FANSCHOICE.tv 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 NASCAR does not control such third parties or their products or services and that NASCAR shall not be responsible for such third parties or their products or services.
5. Intellectual Property Rights of NASCAR. FANSCHOICE.tv 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 FANSCHOICE.tv are copyrighted as a collective work under the United States copyright laws. NASCAR (and/or its parent 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 FANSCHOICE.tv (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 NASCAR and/or 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. NASCAR and its parent, 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. NASCAR and FANSCHOICE.tv, and each of their logos, are trademarks of NASCAR. All rights reserved. All other trademarks appearing on FANSCHOICE.tv are the property of their respective owners.
6. Disclaimer of Warranty; Limitation of Liability.
A. YOUR USE OF FANSCHOICE.TV IS AT YOUR SOLE RISK. NEITHER THE NASCAR PARTIES NOR ANY OF THEIR RESPECTIVE THIRD-PARTY CONTENT PROVIDERS, VENDORS OR LICENSORS WARRANT THAT FANSCHOICE.TV WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF FANSCHOICE.TV, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED BY OR THROUGH FANSCHOICE.TV.
B. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, FANSCHOICE.TV IS PROVIDED ON AN "AS-IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 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 MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANY NASCAR PARTY OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING FANSCHOICE.TV, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY CONTENT PROVIDERS, VENDORS AND LICENSORS, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE FANSCHOICE.TV. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION APPLY TO ALL CONTENT AND FEATURES COMPRISING FANSCHOICE.TV.
7. Indemnification. You shall defend, indemnify and hold harmless the NASCAR Parties and their respective 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 FANSCHOICE.tv by You, and/or arising out of Your other acts or omissions.
10. Notice of Infringement of Copyright. FANSCHOICE.tv respects the rights of all copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide FANSCHOICE.tv'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. Section 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 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:
Copyright Agent – Legal Department
One Daytona Boulevard
Daytona Beach, Florida
Last modified: March 12, 2014
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