Effective October 12, 2017
1. Your Acceptance
Motorsport Network, LLC (“Motorsport Network”) produces and publishes multiple websites, one of them being the
MotorMarket.com Website (the “Website”). By using and/or visiting the Website, including all content, products,
software and services that may be offered via the Website, you signify your agreement to these terms and conditions
time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to
confer any third-party rights or benefits.
and other materials or services on the Website. The Website includes all aspects of MotorMarket.com, including
but not limited to all products, software and services offered via the Website.
- The Website may contain links to third party websites that are not owned or controlled by the Website or
Motorsport Network. Motorsport Network has no control over, and assumes no responsibility for, the content,
privacy policies, or practices of any third-party websites. In addition, Motorsport Network will not and cannot
censor or edit the content of any third-party site. By using the Website, you expressly release Motorsport
Network from any and all liability arising from your use of any third-party website.
3. MotorMarket.com Accounts
- In order to access some features of the Website, you may have to create a MotorMarket.com member account, which
is subject to a separate Motorsport Network Member Agreement, which can be accessed at
www.motorsport.com/info/member-agreement/. You may not use another’s account without permission. When creating
your account, you must provide accurate and complete information. You are solely responsible for the activity
that occurs on your account, and you must keep your account password secure. You must notify Motorsport Network
immediately of any breach of security or unauthorized use of your account.
- b) Although Motorsport Network will not be liable for your losses caused by any unauthorized use of your
account; you may be liable for the losses of Motorsport Network or others due to such unauthorized use.
4. Use of the Website - Permissions and Restrictions
- You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions
(defined below), without Motorsport Network’s prior written authorization.
- You agree not to alter or modify any part of the Website, including but not limited to the technologies it
- You agree not to access User Submissions (defined below) or Website content through any technology or means
other than the pages of the Website itself or other explicitly authorized means Motorsport Network may
- You agree not to use the Website, including Motorsport Network’s embeddable video player for any commercial
use, without the prior written authorization of Motorsport Network. Prohibited commercial uses include any of
the following actions taken without Motorsport Network’s express approval:
- sale of access to the Website or its related services on another website;
- use of the Website or its related services for the primary purpose of gaining advertising or
- the sale of advertising, on the Website or any third-party website, targeted to the content of specific
User Submissions or Website content;
- any use of the Website or its related services that Motorsport Network finds, in its sole discretion, to
use Motorsport Network's resources or User Submissions with the effect of competing with or displacing
the market for the Website, Website’s content, or its User Submissions.
- You agree not to use or launch any automated system, including without limitation, “robots”, “spiders” or
“offline readers”, to generate artificial views of Video Content, or to otherwise access the Website in a manner
that sends more request messages to the Website’s servers in a given period of time than a human can reasonably
produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing,
Motorsport Network grants the operators of public search engines permission to use spiders to copy materials
from the site for the sole purpose of and solely to the extent necessary for creating publicly available
searchable indices of the materials, but not caches or archives of such materials. Motorsport Network reserves
the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest
any personally identifiable information, including account names, from the Website, nor to use the communication
systems provided by the Website (e.g. discussion forums, comments, email) for any commercial solicitation
purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User
all applicable local, national, and international laws and regulations.
- Motorsport Network com reserves the right to discontinue any aspect of the Website at any time.
5. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your
use of content on the Website:
- The content on the Website, except all User Submissions (as defined below), including without limitation, the
text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content")
and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Motorsport
Network, subject to copyright and other intellectual property rights under the law. Content on the Website is
provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced,
distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes
whatsoever without the prior written consent of the respective owners. Motorsport Network reserves all rights
not expressly granted in and to the Website and its contents.
- You may access User Submissions solely for your information and personal use, or as otherwise intended through
the normal functionality of the Website.
- User comments are made available to you for your information and personal use solely as intended through the
normal functionality of the Website. User comments are made available "as is", and may not be used, copied,
reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited
in any manner not intended by the normal functionality of the Website or otherwise as prohibited under this
- You may access Motorsport Network Content, User Submissions and other content only as permitted under this
Agreement. Motorsport Network reserves all rights not expressly granted in and to the Motorsport Network Content
and the Website.
- You agree to not engage in the use, copying, or distribution of any of the Content other than as expressly
permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained
through the Website for any commercial purposes.
- You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or
features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or
- You understand that when using the Website, you will be exposed to User Submissions from a variety of sources,
and that Motorsport Network is not responsible for the accuracy, functionality, safety, or intellectual property
rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed
to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and
hereby do waive, any legal or equitable rights or remedies you have or may have against Motorsport Network with
respect thereto, and agree to indemnify and hold Motorsport Network, its owners/operators, affiliates, and/or
licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the
6. Account Termination Policy
- Motorsport Network may terminate a User's access to the Website without prior notice if Motorsport Network
- Motorsport Network reserves the right to decide whether Content or a User Submission is appropriate for display
on the Website, and Motorsport Network may remove any User Submissions or Content at any time, without prior
notice, in its sole discretion.
7. Digital Millennium Copyright Act
- If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes
upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by
providing Motorsport Network's copyright department with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works
at a single online site are covered by a single notification, a representative list of such works at
- Identification of the material that is claimed to be infringing or to be the subject of infringing
activity and that is to be removed or access to which is to be disabled and information reasonably
sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address,
telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is
not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you
are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Notifications of claimed infringement should be emailed to firstname.lastname@example.org. You acknowledge
that if you fail to comply with all of the requirements of this Section 8(A), your DMCA notice may not
- Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is
not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or
pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice
containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the
location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of
mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the
jurisdiction of the federal court in Miami, Florida, and a statement that you will accept service of
process from the person who provided notification of the alleged infringement.
- If a counter-notice is received by Motorsport Network copyright department, Motorsport Network may send
a copy of the counter-notice to the original complaining party informing that person that it may replace
the removed content or cease disabling it in 10 business days. Unless the copyright owner files an
action seeking a court order against the content provider, member or user, the removed content may be
replaced, or access to it restored, in 10 to 14 business days or more after receipt of the
counter-notice, at Motorsport Network's sole discretion.
8. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW,
MOTORSPORT NETWORK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. MOTORSPORT NETWORK MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO
LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY,
AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE
USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. MOTORSPORT NETWORK
DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND
MOTORSPORT NETWORK WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU
AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM
OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
9. Limitation of Liability
IN NO EVENT SHALL MOTORSPORT NETWORK, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT MOTORSPORT NETWORK SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by Motorsport Network from its facilities in the United States of America.
Motorsport Network makes no representations that the Website is appropriate or available for use in other locations.
Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for
compliance with local law.
You agree to defend, indemnify and hold harmless Motorsport Network, its parent corporation, officers, directors,
employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt,
and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website;
without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions
caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and
your use of the Website.
You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are
fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and
be assigned by Motorsport Network without restriction.
You agree that: (i) the Website shall be deemed solely based in Florida; and (ii) the Website shall be deemed a
passive website that does not give rise to personal jurisdiction over Motorsport Network, either specific or
of the State of Florida, without respect to its conflict of laws principles. Any claim or dispute between you and
Motorsport Network that arises in whole or in part from the Website shall be decided exclusively by a court of
notices published by Motorsport Network on the Website, shall constitute the entire agreement between you and
competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions
shall be deemed a further or continuing waiver of such term or any other term, and Motorsport Network's failure to