MOTORSPORT REWARDS TERMS OF SERVICE
These Terms of Service (“Terms”) govern your access to and use of our services, including our various websites, APIs, email notifications, applications, ads, commerce services and other covered services that link to these Terms (collectively, the “Services”), and any information text, links, graphics, photos, audio, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). By using the Services you agree to be bound by these terms.
You may use the Services only if you agree to enter into a binding contract with Motorsport Network and have not been barred from receiving services under the laws of the applicable jurisdiction. You must be at least 13 years old to use the Services. By accepting these Terms and using the Services on behalf of a company, organization, government or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity.
You are responsible for your use of the Services and for any Content that you provide, including compliance with applicable laws, rules and regulations. You should only provide Content that you have the right to share and that you are comfortable sharing with others.
Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability or any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that may be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All content is the sole responsibility of the person who originated such Content. Although we may not monitor or control the Content posted via the Services and we cannot take responsibility for such Content, we reserve the right to remove Content that violates these Terms of Service, including for example, copyright or trademark violations or other misappropriation of intellectual property, impersonation, unlawful conduct, or harassment.
If you believe that your Content has been copied in a way that constitutes copyright infringement, please report this by contacting us at email@example.com.
You retain your rights to any Content you submit, post or display on or through the Services. You own your content and your incorporated audio, photos and videos are considered part of the Content. By submitting, posting or displaying Content on or through the Services, you grant Motorsport Network a worldwide, non-exclusive, royalty-free, sublicensable license to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content in any and all media or distribution methods now known or later developed, including without limitation the right to curate, transform, translate the Content. This license authorizes us to make your Content available to the rest of the world and to let others make your Content available. You agree that this license includes the right to make Content available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by Motorsport Network, its affiliates or other companies, organizations or individuals is made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services as the use of the Services by you is hereby agreed as being sufficient compensation for the Content and grant of rights herein.
You hereby represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any Content that you submit, post or display on or through the Services. You agree that such Content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and grant Twitter the license described above.
At all times you may use the Services only in compliance with these Terms and all applicable laws, rules and regulations. We reserve the right to change the Services from time to time at our sole discretion, or to stop (either temporarily or permanently) providing the Services or any features within the Services to you or to users generally. We retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any Content on the Services, limit distribution or visibility of any Content on the service, suspend or terminate users, and reclaim usernames without liability to you.
In consideration for Motorsport Network granting you access to and use of the Services, you agree that Motorsport Network and its third-party providers and partners may place advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others. You also agree not to misuse our Services, for example, by interfering with them or accessing them using a method other than the interface and the instructions that we provide. You may not do any of the following while accessing or using the Services: (i) access, tamper with or use non-public areas of the Services, Motorsport Network’s computer systems, or the technical delivery systems of Motorsport Network’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Motorsport Network, unless you have been specifically allowed to do so in a separate agreement with Motorsport Network; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, or spamming the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy an y applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation or potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Motorsport Network, its users and the public.
To participate in the Rewards Program, you will need to create a Motorsport Network account, and your devices must meet minimum system requirements. You are responsible for safeguarding your account, so use a strong password and limit its use to this account. We cannot and will not be liable for any loss or damage arising from your failure to comply with password protection. Individuals can have no more than one account, even if an individual has multiple email addresses, and households are limited to six (6) accounts. The Program is solely for your personal and noncommercial use.
We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, and you may not be able to opt-out from receiving them. If you added your phone number to your account and you later change or deactivate that phone number, you must update your account information to help prevent us from communicating with anyone who acquires your old number.
Motorsport Network hereby grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the Services. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Motorsport Network, in the manner permitted by these Terms. The Services are protected by copyright, trademark and other laws of both the United States and other countries. Nothing in the Terms gives you a right to use the Motorsport Network name or any of the Motorsport Network trademarks, logos, domain names, other distinctive brand features and other proprietary rights. All right, title and interest in and to the Services (excluding the Content provided by users) are and will remain the exclusive property of Motorsport Network and its licensors. Any feedback, comments, or suggestions you may provide regarding Motorsport Network or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Motorsport Rewards (the "Program") enables you, as a registered user, to earn redeemable points for activities, such as qualified purchases, user engagement, and time spent actively browsing and watching video on sites throughout Motorsport Network, and other offers from Motorsport Network. The Program is open to all users who register for an account with Motorsport Network, subject to the other requirements set forth in these Terms. and is subject to the Program requirements set forth in Section 4 of these Terms of Service. Offers may vary by market. User Engagement is the act of an individual user manually liking, sharing, posting or otherwise engaging with content throughout Motorsport Network and does not include any actions taken by a bot, macro, or other automated or fraudulent means of any kind ("Engagement"). A purchase is the process of purchasing goods or downloading and acquiring a license for digital content from Motorsport Network, whether free or paid ("Purchase"). Rewards points are not offered for every purchase from Motorsport Network. Actively browsing on Motorsport Network means engaging with a browser to view one or more websites throughout Motorsport Network. Motorsport may offer additional opportunities to earn points from time to time, and each points-earning offer will not be available in perpetuity. Your earned points can be redeemed for items ("Rewards") in the redeem page. For more information see the FAQ section at https://rewards.motorsportnetwork.com/faq.
Except for donating your points to a nonprofit organization listed in the redemption center, you cannot transfer points. Points are not your personal property, and you may not obtain any cash or money in exchange for them, but only exchange on services and products provided through Motorsprot Rewards program. Points are awarded to you on a promotional basis. You cannot purchase points. Motorsport Network may limit the quantity of points or Rewards per person, per household, or over a set period (e.g., a day). There is no limit on the number of points you can redeem at any given time. Points earned in the Program are not valid in, and may not be used in combination with, any other program offered by Motorsport Network or third parties. Unredeemed points expire only in the event of suspension or termination of your Rewards account, or in the event of cancellation of the Rewards Program at Motorsport Network’s sole discretion. .
You may redeem your points by visiting the redemption center or you may contribute points to a listed nonprofit organization. There may be a limited number of a particular Reward available, and those Rewards will be delivered on a first-come, first-served basis. You may be required to provide additional information, like your mailing address and a telephone number (other than a VOIP or toll-free number), and you may also be asked to enter a fraud-prevention code or sign additional legal documents to redeem points for Rewards. Once you order a Reward, you cannot cancel it or return it for a refund of points except in the case of defective products or as required by applicable law. If you order a Reward that is out of stock or unavailable for other reasons Motorsport Network determines in its sole discretion, we may substitute a Reward of comparable value or refund your points. Motorsport Network may update the Rewards offered in the redemption center or discontinue to offer specific Rewards. Some Rewards may have age eligibility requirements. Any such requirements will be included in the relevant offer. You are responsible for all federal, state, and local taxes and any other costs of accepting and using the Reward. Rewards will be emailed to the email address you provide when ordering your Reward, so keep your email address up to date. Rewards that are undeliverable will not be reissued and are therefore forfeited. Rewards are not for resale.
You may end your legal agreement with Motorsport Network at any time by deactivating your accounts and discontinuing your use of the Services.
Your Program account will be cancelled if you do not log in at least once in a 36-month period. Additionally, Motorsport Network reserves the right to cancel the Program account of a specific user for tampering with, abusing or defrauding the Program, or for breaching these Terms, or for any other reason at the sole discretion of Motorsport Network. Upon Program cancellation (by you or us) or if the Program is suspended, you will have 90 days to redeem your points; otherwise, those points will be forfeited. At the point of cancellation, your right to use the Program and accrue future points ends.
Furthermore, we reserve the right to disqualify you; disable your access to the Program or your Rewards account; and/or withhold points, Rewards and charitable contributions, if Motorsport Network believes you are tampering with or abusing any aspect of the Program or may be engaging in activities that violate these Terms. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, the Terms shall terminate include, without limitation, your license to use the Services, except that the following sections shall continue to apply: 2, 3, 5, 6 and 10.
By using the Services you agree that Motorsport Network, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors’ liability is limited to the maximum extent permissible in your jurisdiction.
We reserve the right to revise these Terms of Service from time to time at our sole discretion. The changes will not be retroactive, and the most current version of the Terms will govern our relationship with you. Other than for changes addressing new functions or made for legal reasons, we will notify you in advance of making effective changes to these Terms that impact the rights or obligations of any party to these Terms.
In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Motorsport Network’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
These Terms are an agreement between you and Motorsport Network LLC, a Florida limited liability company with its registered office at 5972 NE 4th Avenue, Miami, Florida 33137.
Effective: May 1, 2020