Terms Of Use
(Effective April 15, 2009; last modified April 15, 2009)
Terms Of Use
Terms Of Use (Effective April 15, 2009; last modified April 15, 2009)
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. Welcome to GregHancock.com,
owned by Team Hancock Racing and operated by Bextec Solutions ("we," "us," "THR"
or "Bextec"), the official site and fan club (the "Club 45") of Greg Hancock (the
"Athlete"). Bextec provides this website and all site-related services (collectively,
the "Site") subject to your compliance with the terms and conditions set forth in
this agreement (the "Agreement"). This Agreement governs the relationship between
Bextec and you, the Site visitor and/or member ("you", "your"), with respect to
your use of the Site. It is important that you read carefully and understand the
terms and conditions of this Agreement. Bextec cannot prohibit minors from visiting
this site. Bextec must rely on parents, guardians and those responsible for supervising
children under 13 to decide which materials are appropriate for such children to
view and/or purchase. Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby
notify you that parental control protections (such as computer hardware, software
or filtering services) are commercially available that may assist you in limiting
access to material that is harmful to minors. Information identifying current providers
of such protections is available on the two websites GetNetWise (http://kids.getnetwise.org/)
and OnGuard Online (http://onguardonline.gov/). Please note that Bextec does not
endorse any of the products or services listed at such websites. By using or attempting
to use the Site, you certify that (1) you are a resident of the United States or
Canada and are at least 13 years of age or, if under the age of 13, you have the
consent of your parent or guardian (over the age of 18) to use the Site, or (2)
you are not a resident of the United States or Canada and are at least 18 years
of age or, if under the age of 18, you have the consent of your parent or guardian
(over the age of 18) to use the Site. If you do not meet these requirements or,
if for any reason, you do not agree with all of the terms and conditions contained
in this Agreement, please discontinue using the Site immediately. By clicking on
the "I Agree" icon or by using the Site, you agree to be bound by the terms of this
Agreement, all applicable laws and regulations, and any additional terms that govern
certain products and services, which will be presented in conjunction with those
products and services ("Additional Terms"). The Site may also provide rules of participation
("Rules") for certain activities and services including, without limitation, contests
and sweepstakes, games, membership clubs and email. The Site's Additional Terms,
Privacy Policy and the Rules are hereby incorporated in this Agreement by reference.
To the extent that there is a conflict between this Agreement and Additional Terms
for the activity in which you choose to participate, the Additional Terms shall
govern. To the extent that there is a conflict between this Agreement and the specific
Rules for the activity in which you choose to participate, this Agreement shall
govern. This Agreement will remain in full force and effect as long as you are a
user of the Site and in the event of termination of any membership, service or feature,
you will still be bound by your obligations under this Agreement, the Privacy Policy,
any Additional Terms or Rules, including any indemnifications, warranties and limitations
of liability. We reserve the right at any time to: • Change the terms and conditions
of this Agreement; • Change the Site, including eliminating or discontinuing any
content on or feature of the Site; or • Change any fees or charges for use of the
Site. Any changes we make will be effective immediately upon notice, which we may
provide by means including, without limitation, posting a revised version of this
Agreement on the Site. You can determine when this Agreement was last revised by
referring to the "Last Updated" legend at the top of this Agreement. Your continued
use of the Site after such notice will be deemed acceptance of such changes. Be
sure to return to this page periodically to ensure familiarity with the most current
version of this Agreement. Upon our request, you agree to sign a non-electronic
version of this Agreement.
Code of Conduct
You agree to respect the rights of others and exercise good judgment.
You agree that you will not:
• Restrict or inhibit any other visitor or member from using the Site, including,
without limitation, by means of "hacking" or defacing any portion of the Site;
• Use the Site or Materials for any unlawful purpose;
• Express or imply that any statements you make are endorsed by us, without our
prior written consent;
• Impersonate any person or entity or misrepresent your affiliation with a person
or entity;
• "Stalk" or otherwise harass another person; • Solicit personal information from,
harm or attempt to harm minors, in any way;
• Transmit (a) any content or information that is unlawful, fraudulent, threatening,
abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes
our or any third party's intellectual property or other rights; (b) any material,
non-public information about companies without the authorization to do so; (c) any
trade secret of any third party; or (d) any advertisements, solicitations, chain
letters, pyramid schemes, investment opportunities or other unsolicited commercial
communication (except as otherwise expressly permitted by us);
• Use the Site for any commercial purpose, such as conducting sales of tickets,
merchandise or services of any kind. Without limiting the foregoing, you may not
resell or link to other sites for the purpose of selling tickets of any kind;
• Engage in spamming or flooding;
• Transmit any software or other materials that contain any viruses, worms, Trojan
horses, defects, date bombs, time bombs or other items of a destructive nature;
• Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble
any portion of the Site; • Remove any copyright, trademark or other proprietary
rights notices contained in the Site;
• "Frame" or "mirror" any part of the Site without our prior written authorization;
• Link to any page of or content on the Site other than the URL located at http://www.greghancock.com;
• Use any robot, spider, offline reader, site search/retrieval application or other
manual or automatic device or process to retrieve, index, "data mine" or in any
way reproduce or circumvent the navigational structure or presentation of the Site
or its contents without our prior written consent. Notwithstanding the foregoing,
Bextec 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. Bextec reserves the right to revoke these exceptions
either generally or in specific cases;
• Harvest or collect information about Site visitors or members without their express
consent;
• Take any action that imposes an unreasonable or disproportionately large load
on our infrastructure;
• Access, reload or "refresh" transactional event or ticketing pages, or make any
other request to transactional servers, more than once during any three-second interval;
• Request more than 1,000 pages of the Site in any twenty-four hour period, whether
alone or acting in concert with a group of individuals; or
• Use any passcode or password, regardless of whether or not such password or passcode
is unique, to participate in a presale, Club 45 On-Sale or other offer on the Site
if you are not the original recipient of such passcode or password (i.e., if you
did not receive the passcode or password from Bextec, or from the fan club or other
organization with whom Bextec is working to enable such presale or offer) or if
your participation in such presale or other offer is inconsistent with such presale's
or offer's terms.
• Violate any applicable local, state, national or international law, rules or regulations,
including, without limitation, regulations promulgated by the U.S. Securities and
Exchange Commission, any rules of any national or other securities exchange.
User Content
We allow Members (as defined below) to make contributions to the
Site including, without limitation, creative suggestions, ideas, notes, concepts,
information, content, audio recordings, videos, photographs, graphics, artwork or
other copyrighted works and materials (collectively "User Content"), through chat
rooms, bulletin board services, member profiles, and other means. By submitting
any User Content to the Site, or by posting such User Content to any area of the
Site, you grant us and our designees a perpetual, worldwide, non-exclusive, unlimited,
transferable, sublicenseable (through multiple tiers), assignable, royalty-free,
irrevocable right and license to use, reproduce, distribute (through multiple tiers),
create derivative works of, publicly perform, display (publicly or otherwise), store,
digitally perform, publish (on the Site, on any other website(s), in print, radio,
television or elsewhere), adapt, modify, distribute, have distributed and promote,
make, have made, sell, offer for sale, import and commercialize the User Content,
or any portion thereof, in any manner and context (including but not limited to
usage in commercial, advertising or promotional materials), now known or in the
future discovered, in Bextec's sole discretion, in any way, in any and all media
now known or hereinafter discovered, without limitation and without any compensation
or acknowledgment to you or any third party. You also hereby waive any so-called
moral rights or other similar rights in your User Content. No User Content will
be subject to any obligation, whether of confidentiality, attribution or otherwise,
on our part and we will not be liable for any use or disclosure of any User Content.
If Bextec does decide, in its sole discretion, to attribute any User Content to
you, you hereby grant Bextec the right to use your member name with respect to such
attribution, and waive any claims (including, without limitation, any privacy or
publicity rights claims) with respect to such use of your member name.
By submitting User Content you certify that you either (i) are eighteen (18) years
old or are an emancipated minor and have the right to submit the User Content and
grant the licenses provided hereunder, or (ii) have obtained your parent's or legal
guardian's express consent to submit the User Content and to grant the licenses
provided hereunder.
In connection with User Content, you affirm, represent and/or warrant that: (i)
you own, or have the necessary licenses, rights, consents, and permissions to the
User Content and to grant the rights and licenses to Bextec under all patent, trademark,
trade secret, copyright or other proprietary or intellectual property rights in
and to any and all User Content in the manner contemplated by the Site and this
Agreement; and (ii) you have the written consent, release, and/or permission of
each and every identifiable individual person in the User Content to use the name
or likeness of such person in the manner contemplated by the Site and this Agreement
or, if such persons are minors, the written consent, release, and/or permission
of such minor's parent or legal guardian. You agree not to submit or post any User
Content that: (i) infringes the rights of a third party, including, without limitation,
copyrights, trademarks, patents, trade secrets, rights of privacy and publicity,
(ii) is libelous, defamatory or slanderous, (iii) condones, promotes, contains or
links to warez, cracks, hacks or similar utilities or programs, (iv) is pornographic
or sexually explicit, (v) does or may denigrate or offend any ethnic, racial, gender,
religious or other protected group, through use of language, images, stereotypical
depiction or otherwise, (vi) is designed to or does harass, threaten, defame or
abuse others, (vii) is used to impersonate or claim the identity, characteristics
or qualifications of any other person or entity, or falsely state or otherwise misrepresent
your affiliation with a person or entity; (viii) exploits minors in a sexual or
violent manner, (ix) promotes, condones or encourages illegal activity or ix) is
generally offensive or in bad taste.
You agree that all of your User Content, whether publicly posted or privately transmitted,
is your sole responsibility. User Content does not necessarily reflect our views
or opinions. We shall not be liable to you or any third party in any way for any
User Content, including, but not limited to, for any errors or omissions in any
User Content, or for any loss or damage of any kind incurred as a result of the
use of any User Content posted, emailed, transmitted or otherwise made available
via the Site. We generally do not pre-screen, pre-edit or otherwise control User
Content and we do not assume responsibility to monitor the Site for inappropriate
User Content. We do not warrant, expressly or impliedly, the accuracy, reliability
or quality of User Content. By using the Site, you assume this risk. However, we
reserve the right, but have no obligation (i) to monitor interactions between you
and other users of the Site; (ii) to prevent you from submitting User Content that
is inconsistent with our standards, stated above; (iii) to edit, restrict or remove
User Content for any reason at any time; and (iv) to take any other action in good
faith to restrict access to or the availability of any User Content that we, or
another user, may consider to be inconsistent with the standards described above.
If you discover this kind of User Content on the Site, please notify us at legal@bextecsolutions.co.uk.
Should we choose to monitor User Content, we still will assume no responsibility
for any inappropriate User Content, or for the conduct of any user who submits it,
and or to remove inappropriate User Content form the Site. If we prevent your User
Content from being submitted, or edit, restrict or remove it from the Site, you
may not hold us accountable under any circumstances.
Privacy
We will have the right to collect, share and use your information
in accordance with our
Privacy Policy, which is incorporated by reference in these Terms.
Membership
Some areas of the Site may require you to be or become a registered
member of the Site. When and if you register to become a member, you agree to (i)
provide accurate, current and complete information about yourself as prompted by
our registration form (including your email address) and (ii) maintain and update
your information (including your email address) to keep it accurate, current and
complete. Please read our
Privacy Policy, which describes the personally identifiable information
we collect, use, disclose, manage and store. You acknowledge that, if any information
provided by you is untrue, inaccurate, not current or incomplete, we reserve the
right to terminate this Agreement and your use of the Site.
We, in our sole absolute discretion, will have the right to refuse to allow you
to become a member. Without limitation of the foregoing, we will have the right
to check your credit prior to opening your account, and refuse to allow you to become
a member if we determine that you are not credit-worthy. For residents of the
United States
: This site is not intended for use by children under the age of 13 without the
consent of a parent or guardian. For all other persons: This site is not intended
for use by children under the age of 18. You must comply with these age limits to
become a member. By becoming a member, you represent and warrant that (i) if you
are a resident of the United States, you are at least 13 years of age or, if under
the age of 13, you have the consent of your parent or guardian, and (ii) if you
are not a resident of the United States, that you are at least 18 years of age.
We do not accept any registration from, or provide any product or service to, any
visitor who identifies himself or herself as being under the applicable age limit
without the consent of a parent or guardian.
As part of the registration process, you will be asked to select a username and
password. User Names are issued based upon availability. We may refuse to grant
you a username that impersonates someone else, is or may be illegal, is or may be
protected by trademark or other proprietary rights law, is vulgar or otherwise offensive,
or may cause confusion, as determined by us in our sole discretion. Your user name
and password are personal to you. You will be responsible for the confidentiality
and use of your username and password, and for any and all activities (including
purchases, as applicable) that are conducted through your account. You agree not
to share your user name and password, and agree not to transfer or resell your use
of or access to the Site to any third party. We are not liable for any harm caused
or related to the theft or misappropriation of your user name or password, disclosure
of your user name or password, or your authorization of anyone else to use your
user name or password. If you have reason to believe that your account with us is
no longer secure, you must promptly change your password and immediately notify
us of the problem by emailing us at legal@bextecsolutions.co.uk.
Billing and Payment
Billing and Payment In joining the Club 45, you agree to pay the
non-refundable membership fee and any other charges provided in the online order
form (the "Order Form"), as well as any fees and charges related to purchasing tickets
or merchandise at the Site or through the Site from one of our business partners.
We reserve the right to change membership fees and other charges at any time. If
you do not agree to any such change, your sole remedy will be to terminate your
membership and account. If you do not terminate your membership and account, you
will be deemed to have agreed to the change. Fees and other charges shall be invoiced
in accordance with the terms and conditions set forth both in this Agreement and
the Order Form. All payments shall be made in U.S. currency Accounts unpaid after
the Due Date may have service suspended or terminated You agree to pay us our expenses,
including attorneys' fees and collection agency fees, incurred in enforcing our
rights under this section. You shall pay all federal, state, and local sales, use,
value added, excise, duty and any other taxes assessed with respect to your account.
The term of your membership in the Club 45 shall be as provided in the Order Form,
and all memberships in the Club 45 renew automatically at the end of their subscription
period, and will be charged to your credit card, until you request a cancellation.
The renewal fee will be equal to the preceding membership fee we charged, unless
you are given notice before the renewal date of a different price. When you buy
tickets or merchandise through the Site, you may be connected with the site of one
of our business partners ("Business Partner") who will handle your order. By making
your order, you agree to be bound to the terms and conditions imposed by the Business
Partner, including its privacy policy, in addition to this Agreement. The Business
Partner will be identified on the order page. We reserve the right to change any
Business Partner, in our discretion. You must have a valid credit card in order
to join the Club 45 and to make any purchase at the Site. YOU REPRESENT AND WARRANT
THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED
TO INITIATE ANY TRANSACTION.
Cancellation
Cancellation No refunds will be offered after 10 days of joining
or renewing a membership. If a member has ordered tickets through Team Hancock Racing
or Merchandise through the Team Hancock Racing Online Store, no refund will be offered
for the membership. Once you cancel your membership, a credit will be posted to
your credit card account equal to the most recent renewal fee charged. For monthly
accounts or other accounts with a periodic fee cycle of less than one year, there
are no refunds for cancellations. For monthly subscriptions, you must notify us
at least fifteen (15) days prior to the first day of the next calendar month to
avoid being charged the fee for such month. For all other memberships, you must
notify us at least fifteen (15) days prior to the first day of the next period to
avoid being charged the renewal fee for such subscription period. For security,
all cancellation requests must be made by the primary contact person on the account
who must provide sufficient identification. Any cancellation request shall be effective
upon receipt, unless another date is specified in such cancellation request. You
may cancel online by visiting your "My Account" area on the site: http://www.GregHancock.com/members/myaccount.
We reserve the right to terminate any account and membership at any time, in our
discretion, with or without notice to you, if you violate any of this Agreement.
Any cancellation by us shall not relieve you of any obligations to pay fees accrued
prior to such cancellation. In the event of such a cancellation, we shall have no
liability to you or any third party. Upon such termination, we: (i) may immediately
deactivate or delete your account and all related information and files in such
accounts and/or bar any further access to such account or files; and (ii) will not
be obligated to refund any part of your membership or any other fees you have paid
to the Club 45.
Purchase of Tickets and Other Merchandise
We reserve the right to block access to or cancel a ticket order
of any user that we believe, in our sole and absolute discretion: (i) is or is associated
with any ticket broker or scalper, (ii) is utilizing automated means to process
or place ticket orders, or (iii) whose ticket order exceeds the stated limit. You
may not sell any tickets or presale codes purchased, won or otherwise acquired through
a fan club presale, contest or sweepstake.
If you wish to purchase products or services described on the Site (each such purchase,
a "Transaction"), you will be asked by Bextec or the third party provider of the
product or service to supply certain information applicable to your Transaction,
including, without limitation, credit card and other information. You understand
that any such information will be treated by Bextec in the manner described in our
Privacy Policy,
and which is hereby incorporated into this Agreement by this reference. You agree
that all information that you provide to Bextec or such third party provider will
be accurate, current and complete. By submitting such information, you grant Bextec
the right to provide such information to third parties for purposes of facilitating
the completion of Transactions initiated by you or on your behalf. Verification
of information may be required prior to the acknowledgment or completion of any
Transaction. You agree to pay all charges incurred by you or any users of your account
and credit card (or other applicable payment mechanism) at the price(s) in effect
when such charges are incurred. You will also be responsible for paying any applicable
taxes relating to your purchases. Descriptions or images of, or references to, products
or services on the Site do not imply Bextec's endorsement of such products or services.
We reserve the right, without prior notification, to change such descriptions or
references; to honor, or impose conditions on the honoring of, any coupon, coupon
code, promotional code or other similar promotions; to bar any user from making
any or all Transaction(s); to limit the order quantity on any product or service;
and/or to refuse to provide any user with any product or service. Price and availability
of any product or service are subject to change without notice. Refunds and exchanges
will be subject to Bextec's refund and exchange policies then in effect.
General Practices and Limits
You acknowledge that greghancock.com may establish general practices
and limits concerning use of the Site, including without limitation, limiting the
maximum number of days that email messages, message board postings or other uploaded
content will be retained by the Site, the maximum number of email messages that
may be sent from or received by an account on the Site, the maximum size of any
email message that may be sent from or received by an account on the Site, the maximum
disk space that will be allotted on greghancock.com servers on your behalf, the
maximum length of time that an IP address will be assigned for your use, the maximum
throughput of traffic from the Internet or associated service (e.g., Usenet, email,
web hosting), and the maximum number of times (and the maximum duration for which)
you may access the Site in a given period of time. You agree that greghancock.com
has no responsibility or liability for the deletion of, for failure to store or
to deliver any messages and other communications, for the modification or malformation
of data communications over the Site, or for other content maintained or transmitted
by the Site. You acknowledge that greghancock.com reserves the right to log off
accounts that are, or disconnect a session that is, inactive for an extended period
of time.
Ownership and Restrictions on Use
Ownership and Restrictions on Use The information and materials provided
on or through the Site, including any data, text, designs, graphics, images, photographs,
illustrations, audio and video clips, logos, icons and links (collectively, the
"Materials"), are intended to educate and inform you about the events, venues and
other products and services offered or described on the Site. Although Bextec strives
to provide Materials that are both useful and accurate, the nature of the data and
other information contained on the Site is subject to frequent change. In addition,
the facts and circumstances of every situation differ. Accordingly, although Bextec
endeavors to use reasonable care in assembling the Materials, the Materials may
not be up-to-date, accurate or complete. Moreover, portions of the Materials have
been contributed to the Site by various artists and other persons. The inclusion
of such information does not indicate any approval or endorsement thereof, and Bextec
expressly disclaims any liability with respect to the foregoing. Subject to your
compliance with the terms and conditions of this Agreement, you may only download
one (1) copy of any Materials displayed on the Site, and you may use such downloaded
Materials solely for your personal, non-commercial use, provided that you retain
all copyright and other proprietary notices contained therein. Bextec cannot guarantee
that technical difficulties will not occur during the download of the Materials
or that the Materials will download successfully. You may not engage in any unauthorized
use, copying, or distribution of any of the Materials. For example, you may not
otherwise reproduce, display, publicly perform, or distribute the Materials in any
way for any public or commercial purpose. You may not alter or modify any part of
the Site other than as may be reasonably necessary to use the Site for its intended
purpose. Modification or use of the Materials for any purpose other than as expressly
authorized in this Agreement is a violation of our copyright and other proprietary
rights, and is strictly prohibited. The Site, including all Site software, databases,
proprietary information and Materials (and any intellectual property and other rights
relating thereto) including, without limitation, the selection, sequence and "look
and feel" and arrangement of items, is owned by THR and operated by Bextec in conjunction
with others pursuant to contractual arrangements, and will remain the property of
THR, and its licensors and suppliers.
U.S.
and international copyright, trademark and other laws protect the Site, and you
acknowledge that these rights are valid and enforceable. You further acknowledge
that you do not acquire any ownership rights by using the Site or the Materials.
The trademarks, logos, and service marks displayed on the Site (collectively the
"Trademarks") are the registered and unregistered trademarks of THR, Bextec, their
licensors and suppliers, and others. The Trademarks owned by THR and Bextec, whether
registered or unregistered, may not be used in connection with any product or service
that is not offered by Bextec, in any manner that is likely to cause confusion with
customers, or in any manner, that disparages THR or Bextec. Nothing contained on
the Site should be construed as granting, by implication, estoppels or otherwise,
any license or right to use any Trademark without the express written permission
of THR, Bextec, their licensors or suppliers, or the third party owner of any such
Trademark. Misuse of any Trademarks is prohibited, and THR and Bextec will aggressively
enforce its intellectual property rights in such Trademarks, including via civil
and criminal proceedings.
Links
The Site contains links to other Internet websites, including affiliated
websites, which may or may not be owned or operated by Bextec. Bextec has not reviewed
all of the websites that are linked to the Site, and Bextec has no control over
such sites. Unless otherwise explicitly stated, Bextec is not responsible for the
content of such websites, any updates or changes to such sites, or the privacy or
other practices of such sites, and the fact that Bextec offers such links does not
indicate any approval or endorsement of any material contained on any linked site.
Bextec is providing these links to you only as a convenience. Accordingly, we strongly
encourage you to become familiar with the terms of use and practices of any linked
site. Further, it is up to you to take precautions to ensure that whatever links
you select or software you download (whether from the Site or other sites) is free
of such items as viruses, worms, Trojan horses, defects, date bombs, time bombs
and other items of a destructive nature.
You agree that your use of other internet websites and resources including, without
limitation, your use of any content, information, data, advertising, products or
other materials on or available through such websites and resources, is at your
own risk and is subject to the terms and conditions of use applicable to such sites
and resources.
Claims of Copyright Infringement
We respect the intellectual property rights of others, and we ask
our users to do the same. The Digital Millennium Copyright Act of 1998 (the "DMCA")
provides recourse for copyright owners who believe that material appearing on the
Internet infringes their rights under
U.S.
copyright law. If you believe in good faith that materials hosted by Bextec infringe
your copyright (for example, materials posted by Bextec on one of our Forums), you
(or your agent) may send us a notice requesting that the material be removed, or
access to it blocked. The notice must include the following information: (i) a physical
or electronic signature of a person authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed; (ii) identification of the copyrighted
work claimed to have been infringed (or if multiple copyrighted works located on
the Site are covered by a single notification, a representative list of such works);
(iii) identification of the material that is claimed to be infringing or the subject
of infringing activity, and information reasonably sufficient to allow Bextec to
locate the material on the Site; (iv) the name, address, telephone number and email
address (if available) of the complaining party; (v) 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 (vi) 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. Additionally, if you believe in good faith that
a notice of copyright infringement has been wrongly filed by Bextec against you,
the DMCA permits you to send Bextec a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed
by the DMCA; see http://www.loc.gov/copyright/
for details. Notices and counter-notices with respect to the Site should be sent
to Ellie Schwimmer, Esq., Live Nation Worldwide, Inc.,
9348 Civic Center Drive, Beverly Hills, CA 90210
, (310) 867-7000, ellieschwimmer@livenation.com. We suggest that you consult your
legal advisor before filing a notice or counter-notice. Also, be aware that there
can be penalties for false claims under the DMCA.
Rules for Sweepstakes, Contests and Games
In addition to the terms and conditions of this Agreement, any sweepstakes,
contests, games or similar promotions (collectively, "Promotions") made available
through the Site may be governed by specific rules that are separate from this Agreement.
By participating in any such Promotion, you will become subject to those rules,
which may vary from the terms and conditions set forth herein. Bextec urges you
to review any specific rules applicable to a particular Promotion, which will be
linked from such Promotion, and to review our
Privacy Policy which, in addition to this Agreement, governs any information
you submit in connection with such activities. To the extent that the terms and
conditions of such rules conflict with this Agreement, the terms and conditions
of such rules shall control with respect to the particular Promotion.
Modification, Suspension and Termination
We reserve the right at any time to suspend, modify or discontinue,
temporarily or permanently, any portion of the Site or the Club 45 with or without
cause and with or without prior notice. You will not be entitled to a refund during
service outages that are caused by our maintenance on the servers or the technology
that underlies Site. You agree that we will not be liable to you or to any third
party for any suspension, modification or discontinuance. Any violation by you of
this Agreement may result in corrective action by us, in our sole discretion, including
assessment of additional charges, disconnection or discontinuance of your membership,
or termination of this Agreement. In the event that we elect to take any corrective
action, you shall not be entitled to a refund of any fees paid in advance prior
to such corrective action.
Disclaimers
Disclaimers THE SITE, THE MATERIALS ON THE SITE, AND ANY PRODUCT
OR SERVICE OBTAINED THROUGH THE SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT
TO APPLICABLE LAW, BEXTEC, THR AND EACH OF THEIR ITS PARENTS, AFFILIATES, LICENSORS,
SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, WITH RESPECT TO THE SITE, THE MATERIALS, AND ANY PRODUCT OR SERVICE OBTAINED
THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT,
ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES
THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
Applicable law may not allow the exclusion of implied warranties, so the above exclusions
may not apply to you. BEXTEC AND ITS PARENTS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS,
SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED,
ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER(S)
ON WHICH THE SITE IS HOSTED IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU
ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE,
COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL
CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF
THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF BEXTEC OR
ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR
VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. BEXTEC
DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED
SITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BEXTEC WILL NOT BE A PARTY
TO OR IN ANY WAY MONITOR 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. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE
ENTIRELY AT YOUR OWN RISK. The Site, Materials or Forums could include inaccuracies
or errors, or information or materials that violate this Agreement (specifically,
the Code of Conduct above). Additionally, unauthorized alterations could be made
by third parties to the Site, Materials or Forums. Although we attempt to ensure
the integrity of the Site, we make no guarantees as to the Site's completeness or
correctness. In the event that a situation arises in which the Site's completeness
or correctness is in question, please contact us at legal@bextecsolutions.co.uk
with, if possible, a description of the material to be checked and the location
(URL) where such material can be found on the Site, as well as information sufficient
to enable us to contact you. We will try to address your concerns as soon as reasonably
practicable. For copyright infringement claims, see the section on "Claims of Copyright
Infringement," above.
Limitation of Liability
NEITHER BEXTEC, THR, NOR ANY OF THEIR PARENTS, AFFILIATES, LICENSORS,
SUPPLIERS, ADVERTISERS OR SPONSORS, NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES,
CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE OR WILL BE RESPONSIBLE OR LIABLE
TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE,
STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE
AND/OR MATERIALS CONTAINED ON THE SITE, ANY LINKED SITE OR ANY PRODUCT OR SERVICE
PURCHASED THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE
AND AGREE THAT BEXTEC SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (I)
ANY FAILURE OF ANOTHER USER TO THE SITE TO CONFORM TO THE CODES OF CONDUCT, (II)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN
CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, INCLUDING
ANY CLAIM, CAUSE OF ACTION, OBLIGATION, LIABILITY, RIGHT, OR REMEDY WHETHER OR NOT
ARISING FROM THE NEGLIGENCE OF BEXTEC, (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 OUR
SITE, (IV) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS
OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR
SITE BY ANY THIRD PARTY, (V) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN
ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE
USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA
THE SITE, AND/OR (VI) ANY LOST, STOLEN OR DAMAGED TICKETS, OR THE FAILURE OF A VENUE
TO HONOR A TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE
OR MATERIALS OR ANY LINKED SITE IS TO STOP USING THE SITE, MATERIALS, OR LINKED
SITE, AS APPLICABLE. THE MAXIMUM LIABILITY OF BEXTEC, AND YOUR SOLE AND EXCLUSIVE
REMEDY, FOR ALL DAMAGES, LOSSES SUFFERED BY YOU AND CAUSES OF ACTION, WHETHER IN
CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL NOT
EXCEED THE ACTUAL DOLLAR AMOUNT PAID BY YOU TO THE CLUB 45 DURING THE 12-MONTH PERIOD
PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE. Some
jurisdictions do not allow the exclusion or limitation of incidental or consequential
damages, so the above limitation or exclusion may not apply to you.
Indemnification
You agree to indemnify, defend and hold the Club 45, Bextec, THR,
and each of their parents, affiliates, licensors, suppliers, advertisers and sponsors,
and their respective directors, officers, employees, consultants, agents and other
representatives, harmless from and against any and all claims, damages, losses,
costs (including reasonable attorneys' fees) and other expenses that arise directly
or indirectly out of or from (i) your breach of this Agreement, including any violation
of the Code of Conduct, above; (ii) any allegation that any User Content or other
materials you submit to us or transmit to the Site infringe or otherwise violate
the copyright, trademark, trade secret or other intellectual property or other rights
of any third party; and/or (iii) your activities in connection with the Site.
Force Majeure
We will not be liable to you or any third party for failure or delay
in performing our obligations hereunder if such failure or delay is due to circumstances
beyond our reasonable control, including, without limitation, acts of any governmental
body, war, insurrection, sabotage, computer viruses, terrorism, embargo, fire, flood,
strike or other labor disturbance, interruption of or delay in transportation, unavailability
of interruption or delay in telecommunications or third party services (including
DNS propagation), failure of third party software or hardware or inability to obtain
raw materials, supplies, or power used in or equipment needed for provision of the
Site.
Translations
As a convenience to our members, we have occasionally and in our
sole discretion provided versions of these Terms in languages other than English
(each, a "Translation"). We have attempted to make the Translations accurate, but
we cannot be responsible in the event of any errors, inaccuracies or discrepancies
in the Translations. Accordingly, if there is any conflict in meaning between a
Translation and these Terms, these Terms in the English language shall govern and
be given precedence. Furthermore, we do not provide any customer service in any
language other than English, and cannot take responsibility for any problems or
issues that may arise as a result of this fact.
Access from Outside the Listed Countries
Unless otherwise specified, the Materials on this Site are presented
primarily for citizens and residents of the
United States
United Kingdom
, EU,
New Zealand
,
Australia
,
Russia
,
Norway
,
Switzerland
, and their territories, possessions, and protectorates. We make no representation
that Materials on the Site are appropriate or available for use in other locations.
Those who choose to access the Site do so on their own initiative and at their own
risk, and are responsible for compliance with local laws, if and to the extent local
laws are applicable. We reserve the right to limit the availability of the Site
and/or the provision of any service, program, film or other product described thereon
to any person, geographic area or jurisdiction, at any time and in our sole discretion,
and to limit the quantities of any such service, program, film or other product
that we provide. Software from this site is further subject to
United States
export controls. No software from this site may be downloaded or otherwise exported
or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North
Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods;
or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated
Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading
or using any software from this site, you represent and warrant that you are not
located in, under the control of, or a national or resident of any such country
or on any such list.
Notice for
California
Users
Under California Civil Code Section 1789.3, California Site users
are entitled to the following specific consumer rights notice: The Complaint Assistance
Unit of the Division of Consumer Services of the California Department of Consumer
Affairs may be contacted in writing at
1625 North Market Blvd., Sacramento, CA 95834
, or by telephone at (916) 445-1254 or (800) 952-5210.
Arbitration
You agree that any dispute arising out of or relating to these Terms
or your use of the Site will be submitted exclusively to confidential binding arbitration
in
Los Angeles, California
. Arbitration under these Terms will be conducted under the prevailing rules of
the American Arbitration Association. The arbitrator's award will be binding and
may be entered as a judgment in any court of competent jurisdiction. To the fullest
extent permitted by applicable law, no arbitration under these Terms will be joined
to an arbitration involving any other party subject to these Terms, whether through
class arbitration proceedings or otherwise. Notwithstanding the foregoing, to the
extent you have in any manner violated or threatened to violate the intellectual
property rights of the Club 45, Bextec, or Artist, these persons or entities may
seek injunctive or other appropriate relief in any state or federal court in the
state of California.
Miscellaneous
This Agreement is governed by and construed in accordance with the
laws of the State of
California
,
United States of America
, without regards to its principles of conflicts of law. You agree to submit to
the exclusive jurisdiction of any State or Federal court located in the
County
of
Los Angeles
,
Los Angeles, United States of America
, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
You agree that regardless of any statute or law to the contrary, any claim or cause
of action arising out of or related to use of the Site or this Agreement must be
filed within one (1) year after such claim or cause of action arose or be forever
barred. If any provision of this Agreement is found to be unlawful, void or for
any reason unenforceable, then that provision shall be deemed severable from this
Agreement and shall not affect the validity and enforceability of any remaining
provisions. This is the entire agreement between us relating to the subject matter
herein and supersedes any and all prior or contemporaneous written or oral agreements
between us with respect to such subject matter. 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. Any heading, caption or section title contained in this Agreement
is inserted only as a matter of convenience and in no way defines or explains any
section or provision hereof.
Limitations on Liabilities
IN THE CASE OF A MEMBER, IN NO EVENT WILL OUR AGGREGATE LIABILITY
TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM, RELATING TO OR CONNECTED WITH
THE SITE OR THESE TERMS EXCEED THE ACTUAL DOLLAR AMOUNT PAID BY YOU TO THE CLUB
45 DURING THE 12-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE
CAUSE OF ACTION AROSE. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS
OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION IN THE CASE OF A
NON-MEMBER USER OF THE SITE, IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR
ANY THIRD PARTY IN ANY MATTER ARISING FROM, RELATING TO OR CONNECTED WITH THE SITE
OR THESE TERMS EXCEED THE SUM OF TWENTY-FIVE ($25) DOLLARS SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
Force Majeure
We will not be liable to you or any third party for failure or delay
in performing our obligations hereunder if such failure or delay is due to circumstances
beyond our reasonable control, including, without limitation, acts of any governmental
body, war, insurrection, sabotage, computer viruses, terrorism, embargo, fire, flood,
strike or other labor disturbance, interruption of or delay in transportation, unavailability
of interruption or delay in telecommunications or third party services (including
DNS propagation), failure of third party software or hardware or inability to obtain
raw materials, supplies, or power used in or equipment needed for provision of the
Site.
ARBITRATION
You agree that any dispute arising out of or relating to these Terms
or your use of the Site will be submitted exclusively to confidential binding arbitration
in
Los Angeles, California
. Arbitration under these Terms will be conducted under the prevailing rules of
the American Arbitration Association. The arbitrator's award will be binding and
may be entered as a judgment in any court of competent jurisdiction. To the fullest
extent permitted by applicable law, no arbitration under these Terms will be joined
to an arbitration involving any other party subject to these Terms, whether through
class arbitration proceedings or otherwise. Notwithstanding the foregoing, to the
extent you have in any manner violated or threatened to violate the intellectual
property rights of the Club 45, Bextec Solutions or Greg Hancock’s management, these
persons or entities may seek injunctive or other appropriate relief in any state
or federal court in the state of California, and you consent to exclusive jurisdiction
and venue in such courts.
TRANSLATIONS
As a convenience to our members, we have occasionally and in our
sole discretion provided versions of these Terms in languages other than English
(each, a "Translation"). We have attempted to make the Translations accurate, but
we cannot be responsible in the event of any errors, inaccuracies or discrepancies
in the Translations. Accordingly, if there is any conflict in meaning between a
Translation and these Terms, these Terms in the English language shall govern and
be given precedence. Furthermore, we do not provide any customer service in any
language other than English, and cannot take responsibility for any problems or
issues that may arise as a result of this fact.
ACCESS OUTSIDE THE LISTED COUNTRIES
Unless otherwise specified, the materials in this Site are presented
solely for citizens and residents of the
United States
,
United Kingdom
, EU,
New Zealand
,
Australia
,
Russia
,
Norway
,
Switzerland
, and their territories, possessions, and protectorates. Bextec is controlled and
operated from its
United Kingdom
offices in Dewsbury. We make no representation that materials on the Site are appropriate
or available for use in any particular location. Those who choose to access the
Site do so on their own initiative and are responsible for compliance with local
laws, if and to the extent local laws are applicable. Software from this site is
further subject to
United States
export controls. No software from this site may be downloaded or otherwise exported
or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North
Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods;
or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated
Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading
or using any software from this site, you represent and warrant that you are not
located in, under the control of, or a national or resident of any such country
or on any such list.
MISCELLANEOUS
The Site is based in and operated from the
United Kingdom
. Information which you send to us by email or which we gather from you when you
visit our website is held and processed in the
United Kingdom
. These Terms shall be binding upon and inure to our benefit, and the our successors,
and assigns. You may not assign these Terms without our prior written consent. These
Terms contain the entire understanding of the parties regarding their subject matter,
and supersede all prior and contemporaneous agreements and understandings between
the parties regarding their subject matter. The Terms and the relationship between
you and us shall be governed by the laws of the
United States
, United Kindom and the European Union without regard to any conflict of law provisions.
No failure or delay by a party in exercising any right, power or privilege under
these Terms shall operate as a waiver thereof. The invalidity or unenforceability
of any of these Terms shall not affect the validity or enforceability of any other
of these Terms, all of which shall remain in full force and effect. You agree that
regardless of any statute or law to the contrary, any claim or cause of action arising
out of or related to use of the Site or the Terms must be filed within one (1) year
after such claim or cause of action arose or be forever barred. The section titles
in the Terms are for convenience only and have no legal or contractual effect.