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FansChoice.TV TERMS AND CONDITIONS

FANSCHOICE.TV TERMS OF USE

What’s New in the Updated Terms of Use?

We have revised the Terms of Use for our current and future online and mobile websites, platforms, services, and applications operated by NASCAR Digital Media, LLC (“NDM”) on behalf of FANSCHOICE TV, LLC (collectively, “FANSCHOICE.tv”). 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 FANSCHOICE.tv, including without limitation, when you view or access content or videos on FANSCHOICE.tv.

  • Sections 14, 15 & 16 Governing Law, Agreement to Arbitrate and Class Action Waiver.To help streamline the resolution of disputes, claims, and controversies under these updated Terms of Use, as set forth in more detail below, you now agree that both you and the FANSCHOICE.tv Parties, as defined below, will be obligated to arbitrate disputes, claims, and controversies that arise out of or relate to your use of FANSCHOICE.tv and/or provision of content, services, and/or technology on or through FANSCHOICE.tv, and that any such proceedings will be conducted only on an individual basis (and not as a class action), and under Florida law.
  • Sections 2.Addressing account registration.
  • Sections 6 – 9.Addressing interactive features of FANSCHOICE.tv and clarifying how User Content may be used by the FANSCHOICE.tv Parties.
  • Section 10.Clarifying responsibility for user interactions with advertisers on FANSCHOICE.tv.
  • Section 11D.Updating the Limitation of Liability provision.

IMPORTANT NOTICE: THESE TERMS OF USE ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTIONS 15 AND 16.

 

Welcome to FANSCHOICE.tv! FANSCHOICE.tv 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 NASCAR Digital Media, LLC on behalf of FANSCHOICE TV, LLC. Please read these terms and conditions of use (“Terms of Use”) carefully before using FANSCHOICE.tv. Your access to and use of FANSCHOICE.tv is subject to the following terms and conditions (including the FANSCHOICE.tv Privacy Statement) and all applicable laws. By accessing and using FANSCHOICE.tv, you signify your assent to these Terms of Use and the Privacy Statement (collectively, the “Agreement”). If you do not agree to these Terms of Use or the Privacy Statement please do not use FANSCHOICE.tv. 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 FANSCHOICE.tv following the posting of changes to these terms (including the Privacy Statement) will mean you accept those changes.

  1. Definitions. FANSCHOICE.tv is operated by NASCAR Digital Media, LLC (“NDM”) on behalf of FANSCHOICE TV, LLC. As used in this document, “NASCAR” refers to National Association for Stock Car Auto Racing, Inc. As used in this document, “FANSCHOICE” refers to FANSCHOICE TV, LLC. As used in this document, “FANSCHOICE.tv Parties” means FANSCHOICE, NDM, NASCAR and each of their respective parent and affiliates and the officers, directors, members, employees, advisors and agents of the foregoing. As used in this document, (i) “Visitor” means a FANSCHOICE.tv user that accesses the FANSCHOICE.tv web pages and associated applications without registering and/or logging-in, (ii) “Member” means a FANSCHOICE.tv user that is registered with and has an account (an “Account”) with FANSCHOICE.tv, and (iii) “User” and/or “you(r)” means and includes Members and Visitors.
  2. General. These Terms of Use set forth the terms and conditions that apply to your use of FANSCHOICE.tv. By using FANSCHOICE.tv (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 FANSCHOICE.tv is subject to the FANSCHOICE.tv Privacy Statement. The right to use FANSCHOICE.tv is personal to you and is not transferable to any other person or entity. Without limiting the generality of the foregoing, if FANSCHOICE.tv 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-sublicenseable 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 NDM immediately if you suspect any unauthorized use of your Account or access to your password. You are solely responsible for any and all use of your Account and/or password.
  3. Changes in Terms.The FANSCHOICE.tv parties shall have the right at any time to change or discontinue any aspect or feature of FANSCHOICE.tv, including, but not limited to, content, hours of availability, and equipment needed for access or use. The FANSCHOICE.tv Parties shall have the right at any time to change or modify the terms and conditions applicable to your use of FANSCHOICE.tv, or any part thereof, 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 FANSCHOICE.tv Parties, including, but not limited to, posting on and/or through FANSCHOICE.tv, or by electronic or conventional mail, or by any other means by which you obtain notice. Any use of FANSCHOICE.tv by you after such notice shall be deemed to constitute your acceptance of such changes, modifications or additions.
  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 the FANSCHOICE.tv Parties do not control such third parties or their products or services and that the FANSCHOICE.tv Parties shall not be responsible for such third parties or their products or services.
  5. Intellectual Property Rights of the FANSCHOICE.tv Parties. 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. The FANSCHOICE.tv Parties (and/or each of their 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 the applicable FANSCHOICE.tv 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 FANSCHOICE.tv Parties and each of their 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. NDM, NASCAR and FANSCHOICE, and each of their logos, are trademarks of each such respective entity. All rights reserved. All other trademarks appearing on FANSCHOICE.tv are the property of their respective owners.
  6. Interactive Areas. FANSCHOICE.tv 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 FANSCHOICE.tv, and fulfill the obligations set forth in these Terms of Use, which form a binding contract between you and the FANSCHOICE.tv Parties.
  7. Submissions. By submitting Materials (defined below) to and/or via FANSCHOICE.tv, and in exchange for good and valuable consideration, the sufficiency and receipt of which you hereby acknowledge, you hereby grant to the FANSCHOICE.tv 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 thereof, 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 FANSCHOICE.tv and/or that you provide to other Users. Except with respect to personal information (e.g., DOB, address) that you submit as part of registering for an account on FANSCHOICE.tv (which shall be maintained in accordance with the FANSCHOICE.tv Privacy Statement), your submissions are non-confidential and the FANSCHOICE.tv 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 FANSCHOICE.tv 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 FANSCHOICE.tv Parties that: (i) you have the full legal right, power and authority to grant to the FANSCHOICE.tv 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 therein) 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 herein 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 FANSCHOICE.tv; (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 FANSCHOICE.tv; and (v) neither the Materials you submit nor the exercise of the rights granted herein 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 FANSCHOICE.tv.

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 FANSCHOICE.tv Parties. THE FANSCHOICE.TV 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 FANSCHOICE.tv 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 FANSCHOICE.tv 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 FANSCHOICE.tv Parties.

The FANSCHOICE.tv 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 FANSCHOICE.tv 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 FANSCHOICE.tv by electronic mail or otherwise, the Proposals shall be deemed, and shall remain, the property of the FANSCHOICE.tv Parties. None of the Proposals shall be subject to any obligation on the part of the FANSCHOICE.tv Parties to use the Proposals or keep them confidential and none of the FANSCHOICE.tv Parties shall be liable for any use or disclosure of any Proposals. the FANSCHOICE.tv 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.

  1. Publicly Available Participation.
  2. By participating in an Interactive Area, you acknowledge that the fact and elements of your participation will be publicly available on FANSCHOICE.tv to other FANSCHOICE.tv 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 FANSCHOICE.tv in any other way, unless otherwise noted, your interactions will be published live on the FANSCHOICE.tv 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 FANSCHOICE.tv.

  1. User Conduct. By viewing FANSCHOICE.tv or participating in the Interactive Areas, you agree to the following:
  2. Lawful Use. You shall use FANSCHOICE.tv for lawful purposes only. You shall not post or transmit through FANSCHOICE.tv 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 FANSCHOICE.tv 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 FANSCHOICE.tv Parties in the FANSCHOICE.tv Parties’ discretion, restricts or inhibits any other User from using or enjoying FANSCHOICE.tv will not be permitted. User shall not use FANSCHOICE.tv 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 FANSCHOICE.tv.
  3. Naming Policy. When selecting a display name for use on FANSCHOICE.tv web sites, you must abide by the following Naming Policy set forth below (and if FANSCHOICE.tv 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 FANSCHOICE.tv Parties, their employees or agents.
  • Names may not be a name or handle of any the FANSCHOICE.tv Parties, their 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 NDM, NASCAR, FANSCHOICE or FANSCHOICE.tv.
  • 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 FANSCHOICE.tv 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.
  1. User Content. You shall not upload, post or otherwise make available on FANSCHOICE.tv 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.
  2. User Rules of Conduct. Without limiting any other term herein, 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 FANSCHOICE.tv, 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 FANSCHOICE.tv 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, NASCAR, NDM, FANSCHOICE, FANSCHOICE.tv, racing teams, racing or FANSCHOICE.tv Parties sponsors, employee 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 FANSCHOICE.tv 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 FANSCHOICE.tv or the servers or networks connected to FANSCHOICE.tv, or disobey any requirements, procedures, policies or regulations of networks connected to FANSCHOICE.tv.
  • 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 FANSCHOICE.tv, use of FANSCHOICE.tv, or access to FANSCHOICE.tv.

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

  1. Monitoring. The FANSCHOICE.tv 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 FANSCHOICE.tv, including chat rooms, comments, newsfeeds and forums. The FANSCHOICE.tv 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 FANSCHOICE.tv Parties, YOU REMAIN SOLELY RESPONSIBLE FOR THE USER CONTENT AND OTHER MATERIALS YOU POST IN THE INTERACTIVE AREAS AND/OR OTHER AREAS OF FANSCHOICE.tv AND/OR IN YOUR PRIVATE MESSAGES. In no event shall any FANSCHOICE.tv Party 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.
  2. Moral Rights. If it is determined that you retain moral rights (including rights of attribution or integrity) in the User Content, you hereby 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 NDM, NASCAR, FANSCHOICE 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 FANSCHOICE.tv 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.
  3. Spamming is not allowed. The FANSCHOICE.tv 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 FANSCHOICE.tv features. If you breach these Terms of Use by sending unsolicited bulk email, comments, instant messages or other unsolicited communications of any kind through FANSCHOICE.tv, you acknowledge that you will have caused substantial harm to the FANSCHOICE.tv Parties, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, and without limiting any other rights or remedies available to the FANSCHOICE.tv Parties (whether at law, in equity or otherwise) you agree to pay the FANSCHOICE.tv Parties fifty dollars ($50) for each such unsolicited email or other unsolicited communication you send through FANSCHOICE.tv features.
  4. No Obligation. User Content submitted by you will be considered non-confidential and the FANSCHOICE.tv Parties are under no obligation to treat such User Content as proprietary information except pursuant to the FANSCHOICE.tv Privacy Statement. Without limiting the foregoing, the FANSCHOICE.tv Parties reserve the right to use any User Content as they deem appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. the FANSCHOICE.tv Parties are under no obligation to edit, delete or otherwise modify User Content once it has been submitted to the FANSCHOICE.tv Parties. the FANSCHOICE.tv 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.

  1. Advertisements and Promotions.

The FANSCHOICE.tv Parties may run advertisements and promotions from third parties on FANSCHOICE.tv. Your business dealings or correspondence with, or participation in promotions of, advertisers other than the FANSCHOICE.tv Parties, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. the FANSCHOICE.tv 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 FANSCHOICE.tv.

  1. Disclaimer of Warranty; Limitation of Liability.
  2. YOU EXPRESSLY AGREE THAT YOUR USE OF FANSCHOICE.tv IS AT YOUR SOLE RISK. NEITHER THE FANSCHOICE.tv 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.
  3. FANSCHOICE.tv, 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.
  4. USER SPECIFICALLY ACKNOWLEDGES THAT THE FANSCHOICE.tv 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.
  5. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL ANY FANSCHOICE.tv PARTY, OR ITS PRESENT OR FUTURE PARENTS OR AFFILIATED COMPANIES, 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 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 FANSCHOICE.tv OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF FANSCHOICE.tv, 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 FANSCHOICE.tv. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION APPLY TO ALL CONTENT AND FEATURES COMPRISING FANSCHOICE.tv. 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 THE FANSCHOICE.tv PARTY, OR ITS PRESENT OR FUTURE PARENTS OR AFFILIATED COMPANIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING FANSCHOICE.tv, 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 FANSCHOICE.tv PARTY, OR ITS PRESENT OR FUTURE PARENTS OR AFFILIATED COMPANIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING FANSCHOICE.tv, 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 FANSCHOICE.tv 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.

  1. UNLESS AND EXCEPT AS OTHERWISE SPECIFICALLY STATED WITHIN FANSCHOICE.tv, AWARDS, SUCH AS BADGES, AND SIMILAR ITEMS PROVIDED BY FANSCHOICE.tv, ARE PROVIDED FOR ENTERTAINMENT PURPOSES ONLY AND DO NOT HAVE MONETARY OR SIMILAR VALUE.
  2. Indemnification. You shall defend, indemnify and hold harmless the FANSCHOICE.tv 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 FANSCHOICE.tv 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 FANSCHOICE.tv Parties reserve the right to take over the exclusive defense of any claim for which the FANSCHOICE.tv Parties are entitled to indemnification under this Section. In such event, you shall provide the FANSCHOICE.tv Parties with such cooperation as is reasonably requested by the FANSCHOICE.tv Parties.

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

The content, data, video, and all other material and features on FANSCHOICE.tv 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 FANSCHOICE.tv, and/or the provision of content, services, and/or technology on or through FANSCHOICE.tv 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 therein, 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.

  1. Disputes/Arbitration. PLEASE READ THIS SECTION CAREFULLY — IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

The FANSCHOICE.tv Parties and you agree that these Terms of Use affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.

In the event of a dispute, claim, or controversy arising out of or in connection with your access to, and/or use of FANSCHOICE.tv, and/or the provision of content, services, and/or technology on or through FANSCHOICE.tv, the FANSCHOICE.tv Parties or you must give the other notice of the dispute, claim, or controversy which notice will include a brief written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, claim, or controversy and the relief requested. You must send any such notice to NDM by email to NDMcopyrightagent@nascar.com AND by U.S. Mail to Copyright Agent – Legal Department, One Daytona Boulevard, Daytona Beach, Florida. To the extent that NDM has your contact information, it will send any such notice to you by U.S. Mail, or otherwise to your email address. the FANSCHOICE.tv Parties and you will attempt to resolve any dispute, claim, or controversy through informal negotiation within thirty (30) days from the date that any notice of dispute, claim, or controversy is sent. the FANSCHOICE.tv Parties and you shall use reasonable, good faith, efforts to settle any dispute, claim, or controversy through consultation and good faith negotiations. After 30 days, the FANSCHOICE.tv Parties or you may resort to the other alternatives described in this Section. Notwithstanding the foregoing, the notice and 30-day negotiation period required by this paragraph shall not apply, however, to disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of FANSCHOICE.tv.

Except as otherwise specifically set forth below, any dispute, claim, or controversy of any kind between the FANSCHOICE.tv Parties and you arising under these Terms of Use or in connection with your access to, and/or use of FANSCHOICE.tv, and/or the provision of content, services, and/or technology on or through FANSCHOICE.tv, if unresolved through informal discussions within thirty (30) days of receipt of notice, shall be resolved by binding arbitration to be held in the state in which you reside. Notwithstanding the foregoing, disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of FANSCHOICE.tv shall not be subject to arbitration.

For residents outside the United States, arbitration shall be initiated in Volusia County, Florida, and the FANSCHOICE.tv Parties and you agree to submit to the personal jurisdiction of any state or federal court in Volusia County, Florida, to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

The arbitration shall be conducted by a single arbitrator, governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use, and administered by the AAA. The AAA Rules and fee information are available at “www.adr.org,” or by calling the AAA at 1-800-778-7879.  Each party shall be responsible for the costs that it may incur in the arbitration including, but not limited to attorney’s fees and expert witness costs unless the other party is otherwise specifically required to pay such fees under applicable law. For claims that total more than $75,000, the AAA Rules will govern payment of filing fees and arbitration fees. The decision of the arbitrator will be in writing and binding and conclusive on the FANSCHOICE.tv Parties and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. The FANSCHOICE.tv Parties and you agree that dispositive motions, including without limitation, motions to dismiss and motions for summary judgment will be allowed in the arbitration. The arbitrator must follow these Terms of Use and can award the same damages and relief as a court, including injunctive or other equitable relief and attorney’s fees. Notwithstanding the foregoing, the FANSCHOICE.tv Parties and you agree not to seek any attorney’s fees and expert witness costs unless the arbitrator finds that a claim or defense was frivolous or asserted for an improper purpose. The FANSCHOICE.tv Parties and you understand that, absent this mandatory arbitration provision, the FANSCHOICE.tv Parties and you would have the right to sue in court and have a jury trial. The FANSCHOICE.tv Parties and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

You have the right to opt-out and not be bound by these arbitration provisions by sending written notice of your decision to opt-out to the following Email address NDMcopyrightagent@nascar.com with the subject line “FANSCHOICE.tv Opt Out” AND by U.S. Mail to Copyright

Agent – Legal Department, One Daytona Boulevard, Daytona Beach, Florida with the subject line “FANSCHOICE.tv Opt Out”. The notice must be sent within the later of 30 days of your first use of FANSCHOICE.tv or within 30 days of changes to this section being announced on the FANSCHOICE.tv, otherwise you shall be bound to arbitrate any disputes, claims, or controversies in accordance with the terms of these paragraphs. If you opt-out of these arbitration provisions, the FANSCHOICE.tv Parties also will not be bound by them. If you do not affirmatively elect to opt out as described above, your use of FANSCHOICE.tv will be deemed to be your irrevocable acceptance of these Terms of Use and any changes/updates to this section or otherwise.

If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. In the event some or all of these arbitration provisions are determined to be unenforceable for any reason, or if a claim, dispute or controversy is brought that is found by a court to be excluded from the scope of these arbitration provisions, the FANSCHOICE.tv Parties and you agree to waive, to the fullest extent allowed by law, any trial by jury.

The terms of these arbitration provisions will also apply to any claims asserted by you against any FANSCHOICE.tv Party, present or future parent or affiliated company of the FANSCHOICE.tv Parties, or any person or entity involved in creating, producing or distributing FANSCHOICE.tv, 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 FANSCHOICE.tv, and/or the provision of content, services, and/or technology on or through FANSCHOICE.tv.

  1. Class Action Waiver.PLEASE READ THIS SECTION CAREFULLY — IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

The FANSCHOICE.tv Parties and you agree that the FANSCHOICE.tv Parties and you will resolve any disputes, claims or controversies on an individual basis, and that any claims brought under these Terms of Use in connection with FANSCHOICE.tv will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. The FANSCHOICE.tv Parties and you further agree that the FANSCHOICE.tv Parties and you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under these Terms of Use or in connection with FANSCHOICE.tv.

If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in federal court located in or near Volusia County, Florida.

The terms of this provision will also apply to any claims asserted by you against any FANSCHOICE.tv Party, present or future parent or affiliated company of each FANSCHOICE.tv Party, or any person or entity involved in creating, producing or distributing FANSCHOICE.tv, 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 FANSCHOICE.tv, and/or the provision of content, services, and/or technology on or through FANSCHOICE.tv.

  1. Miscellaneous. These Terms of Use, including the , and any operating rules for FANSCHOICE.tv established by the FANSCHOICE.tv 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 FANSCHOICE.tv Parties, present or future parent or affiliated companies of the FANSCHOICE.tv Parties, and any person or entity involved in creating, producing or distributing FANSCHOICE.tv, 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 FANSCHOICE.tv, 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 herein are for convenience only and shall not be given any legal import.

Neither the FANSCHOICE.tv 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.

  1. Notice of Infringement of Copyright.

the FANSCHOICE.tv Parties respect the rights of all copyright holders and in this regard, the FANSCHOICE.tv 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 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:

  1. 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:

FANSCHOICE.tv/NASCAR Digital Media, LLC

Copyright Agent – Legal Department

One Daytona Boulevard

Daytona Beach, Florida

Email: NDMcopyrightagent@nascar.com

These Terms of Use were last updated January 25, 2019.

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