TERMS AND CONDITIONS
AND SOFTWARE LICENSE AGREEMENT
Last Modified November 16, 2010
Welcome to the http://www.simraceway.com website ("Website") and thank You for reviewing our Terms and Conditions. We hope that You will enjoy this Website. Ignite Game Technologies Incorporated or its subsidiaries and affiliates ("Provider") makes this Website, including all information, documents, communications, files, text, graphics, Software, and audio/visual files (collectively, the "Service") available for Your use subject to the Terms and Conditions set forth below. Please be aware that these Terms and Conditions include a Software License agreement. The Terms and Conditions spell out what You can expect from us and what we expect from You.
1. Acceptance of Terms and Conditions.
By using this Website and/or creating an account and becoming a member, You accept and agree to all terms, and Conditions"). Please read the following Terms and Conditions carefully. If You do not agree to the Terms and Conditions, do not use this Website. Each visitor to the Website (a "User" or "You") who accesses, uses, or downloads in any way, without limitation, any Service from this Website, or merely browses this Website, agrees to and is bound by these Terms and Conditions. If You do not agree to all of the terms of this Agreement then You may not access, use or install any part of the Software, and must delete any Software You have already loaded.
We reserve the right to change the Terms and Conditions at any time, without prior notice to You. In the event we do so, we will post the changes on this page and the date of the changes at the top of this page. Your continued use of the Website following such changes signifies Your acceptance of those modifications. If You do not agree to the changes, Your sole remedy is to cease using the Website. If You breach any of the Terms and Conditions, Your authorization to use this Website automatically terminates.
To be eligible to register and create an authorized account ("Account"), You must be at least thirteen (13) years of age or older, and may not be a firm, business entity or institution. Provider reserves the right to verify Your age. Any failure to cooperate with Provider in this respect will result in termination of Your Account.
Your Account will allow You to access the Website. Some functionality, including the ability to enter into a competition where the User pays an entry fee in order to participate in an event for the chance to win a prize ("Prize Racing") of the Website will not be made available to Users under the age of eighteen (18) as detailed below.
By using this Website and Service, You represent and warrant that You have the right, authority and capacity to enter into this agreement and to abide by all of these Terms and Conditions. Provider reserves the right, in its sole and absolute discretion, to refuse service and access to any potential User. Employees, officers, directors, investors, agents, and representatives of Provider and its affiliates and subsidiaries, and each of their respective immediate family (defined as parents, spouse and children) and any person residing in the same household as such and sponsors and affiliates and advertising and promotion agencies of Provider may participate in Prize Racing but are NOT eligible for any prizes in such competitions.
The username must not be offensive, be selected to deceive or misinform other Users, and may not offend common decency or infringe upon the rights of third parties. If Provider receives information of a username which is illegal or in breach of these Terms and Conditions, this username can be amended by Provider without prior notice.
By registering for an Account, You also consent to allow Provider to access Your Account information to, among other things, investigate complaints or other allegations of abuse. Provider reserves the right to reject or revoke Your Account at its discretion for any reason.
4. User Accounts.
A. Account Responsibility.
When You create Your Account, You represent that You are at least thirteen (13) years of age and are not a person barred from receiving services under the laws of the United States or other applicable Jurisdiction. You agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Website's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You may be required to confirm Your identity and personal information by providing additional verification documents as reasonably requested by the Provider. You may modify your name, email address, postal address and password as necessary. You may not modify your user name once it has been created. Requests to modify any other Registration Data must be emailed to firstname.lastname@example.org. If You provide any information that is untrue, inaccurate, not current or incomplete, or Provider has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Provider has the right to suspend or terminate Your Account and refuse any and all current or future use of the Service (or any portion thereof).
B. Secrecy Obligation.
You agree to keep Your Identifiers secure and confidential. If You intentionally or unintentionally, directly or indirectly, disclose Your Identifiers to another User, and such disclosure results in another party participating in matches using Your Account, such participation may be held valid, and You will not be refunded any resulting losses, regardless of whether or not that party had Your consent or not. If You misplace, forget, or lose Your Identifiers because of anything other than Provider's error, the Provider shall not be liable.
C. No Transfer.
Only one Account is allowed per person. Your Account is not transferable. You may not allow any other person to access Your Account or participate in any game using Your Account information. Any person found to have violated this section may be reported to the relevant authorities and will forfeit all funds in Your Account.
5. Paid Services.
To participate in the Service, You will be required to pay funds into Your Account by any of the methods permitted by the Website. Such funds will be deposited into Your Account upon actual receipt of funds by the Company and/or its agents. Minimum and maximum limits may be applied to Your payments into Your Account, depending upon Your history with the Website, the method of deposit, and other factors as determined solely by the Provider. The Provider is not a bank and funds are not insured by any government agency. No interest is payable on amounts on deposit in Your Account. All payments into Your Account must be from a payment source on which you are the named account holder.
All transactions (including purchases, entry fees, deposits and withdrawals) will be denominated in US dollars unless otherwise expressly stated. If you make a deposit that is denominated in a currency other than US dollars, please be aware that the funds will be converted into US dollars by our third party payment processors or Your financial institution and You may be charged a service fee for such conversion.
Please also be aware that our third party payment processors or Your financial institution may use different conversion rates for deposit and refund transactions. The conversion rate used is not under the control of the Provider and we recommend that You contact Your financial institution directly for more information.
You may request
a withdrawal of funds from Your available cash account balance in
Your Account at any time. The minimum withdrawal is $20
US dollars or the player's entire balance (if less than $20
US dollars). Account holders with pending deposits must wait until
those funds clear before requesting a withdrawal.
Processing of requested funds back to a credit card, debit card or PayPal account may take up to five (5) business days; provided, however, the Site reserves the right to freeze Your Account and/or delay a request for withdrawal of funds pending completion of any investigation of reported or suspected abuse by a User requesting withdrawal of funds. If You do not receive Your withdrawal within 5 business days, please contact customer support at email@example.com.
Where withdrawal is requested as a check it will be mailed within 10 business days. All checks will be mailed to the current address reflected on the Your Account. If a check is returned to Provider (due to an incorrect address or any other reason) Your Account will be suspended.
Provider reserves the right to require You or credit card company (if applicable) to submit verification of identification to ascertain the validity of a withdrawal request and the identity of the User. Withdrawal payments will not be made until such verification is received; if Provider has not received verification within 10 days, the withdrawal request will be cancelled and the account in question will be suspended.
If Your Account is closed by the Website for a violation of the Terms and Conditions, Your winnings may be voided and not returned to You. In such an occasion, the Website uses these winnings to defray the costs of administration and enforcement of the Terms and Conditions.
C. Transaction Amalgamation.
Provider reserves the right to combine some or all financial transactions (such as deposits or withdrawals) initiated by You. For example; if You make a deposit of $10 via credit card at 1:00 p.m. and then another deposit for $40 is made using the same card at 4:00 p.m. the same day, Provider may see fit to initiate a one time debit of funds from the credit card company in the amount of $50, rather than the two separate charges of $10 and $40. Although the individual transactions will show up in Your transaction history on the Website, the amalgamated transaction will show up on Your credit card statement. Please check Your transaction history if You have a question about Your credit card statement, as it may be a result of an amalgamation of transactions (payments and withdrawals).
In the Service You may purchase (a) a license to use virtual in-game currency ("Ignite Dollars") for use in the Service; (b) a license to use "virtual in-game items" (together with "Ignite Dollars," "Virtual Items") and (c) other goods or services ("Ignite Merchandise").
ALL PURCHASES OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE NON-REFUNDABLE AND NON-TRANSFERABLE. VIRTUAL ITEMS HAVE NO VALUE OUTSIDE OF THE SERVICE.
Provider reserves the right to refuse service or decline orders for Virtual Items or Ignite Merchandise for any reason. Accordingly, Provider may request written verification and proof of Your identity, including a request for You to supply Provider with a copy of government issued photo identification at its sole discretion. You agree that all sales of Virtual Items and Ignite Merchandise are final. No refunds will be given, except at Provider's sole and absolute discretion. All Virtual Items are forfeited if Your Account is terminated or suspended for any reason, at Provider's sole and absolute discretion, or if the Provider discontinues providing the Service.
You are responsible for paying all fees and charges (plus any applicable taxes) incurred by You or anyone using an Account registered to You.
Transfers of Virtual Items are strictly prohibited except where explicitly authorized within the Service. Outside of the Service, You may not buy or sell any Virtual Items for "real world" money or otherwise exchange items for value. Any attempt to do so is in violation of these Terms and Conditions and may result in a lifetime ban from the Service and possible legal action.
YOU ACKNOWLEDGE THAT PROVIDER IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
Provider will offer via the Website a variety of different games available for play. Each game offered on the Website is a game of skill where the outcome is determined by a User' skill rather than chance or luck. Each game offered on the Website is subject to its own rules. In the event You enter and/or participate in a game, You accept and agree to abide by all rules governing said game, as set forth on the event's Rules and T&Cs page. Rules may be amended from time to time, so please check rules often. These rules are deemed to be incorporated into these Terms and Conditions.
Games made available on the Website will be offered as either free games or as Prize Gaming, which requires You pay an entry fee in order to participate for the chance to win a prize. Free games will be made available to all authorized Users. To be eligible for Prize Gaming, You must be eighteen (18) years of age and are not a person barred from receiving Services under the laws of Your jurisdiction as detailed below.
If Provider determines that operating a game is not feasible for any reason, including, but not limited to, a change in the risk of operating the game, or insufficient participation in the game, then the game may be ended by Provider and Provider shall owe You nothing.
The results and winners of
each game competition or tournament available on the Website will be
determined by the Provider in its sole discretion. In the event
of a dispute relating to a game, including issues relating to Your
compliance with these Terms and Conditions, You agree to be bound by
the decision of Provider's Simraceway Stewards and Fraud Prevention
personnel, which are final in all respects.
7. Prize Gaming.
A. Local Laws and Service Limitations.
You are subject to the laws of the country, state, city or other legal entity (collectively "Jurisdiction") in which You reside and/or from which You access the Website and the Service. Residents of the United States, residents of Arkansas, Arizona, Connecticut, Delaware, Florida, Iowa, Illinois, Louisiana, Maryland, South Carolina, South Dakota, Tennessee or Vermont are NOT eligible to participate in Prize Racing. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If You open an Account and/or participate in a Prize Gaming event offered on the Website while located in a prohibited Jurisdiction, You will be in violation of the law of such jurisdiction and these Terms and Conditions, and subject to having Your Account suspended or terminated. You hereby agree that Provider cannot be held liable if laws applicable to You restrict or prohibit Your participation. Provider makes no representations or warranties, implicit or explicit, as to your legal right to participate in the Services offered on the Website nor shall any person affiliated, or claiming affiliation, with Provider have authority to make any such representations or warranties.
B. Entry Fees and Prizes.
All Prize Gaming on the Website requires Ignite Dollars. When You participate in a Prize Gaming event, the entry fees for such an event are immediately deducted from Your Account balance. These funds paid by You represent a payment to the Provider made solely for facilities provided by the Website for access to the event. By participating in the event and paying this fee to the Provider, You acknowledge that these funds are held by the Provider for such services and that the You grant an irrevocable authority to pay the winner of the event the prize associated with the event in accordance with the official rules of that specific event (details of which can be found on the Website).
You must also be aware that the total entry fees paid by Users in any given event are not paid out as prizes as the Provider retains part of the entry fees as a service fee on all events played. The amount of the cash prize (or prizes) for each event is displayed in the Website and varies depending on the event being played, the size of the entry fees, the number of prizes and the number of Users participating in the event.
Your winnings are awarded to you in their entirety, and all federal, state, and local taxes due in connection with any winnings awarded to you are your sole liability.
8. Software License.
Unless governed by a separate license agreement as specifically indicated during the downloading or installing of software, this Software License agreement covers any Provider software You download (including, for example, games), including upgrades or subsequent versions, and all intellectual property contained within the software programs, including, but not limited to, any images, photographs, animations, video, music, text and "applets" incorporated into the Software (collectively known as the "Software"). By installing or otherwise using the Software, You agree to be bound by the terms of this Software License and these Terms and Conditions.
A. Grant of License.
Provider grants You a non-exclusive license to use the Software , which may be used on up to two computers at any particular time. User agrees to connect to Software using only the Software Client. This Software License is of unlimited duration so long as You abide by the terms of this Software License, as well as the Terms and Conditions of this Website. You may terminate this Software License at any time by uninstalling the Software and destroying any copies. Provider retains the right to end the license at any time at its own discretion.
B. License Restrictions.
You may not: (a) modify, translate, reverse engineer, decompile, disassemble, create derivative works based upon the Software, or otherwise attempt to discover any source code; (b) copy the Software; (c) rent, lease, sublicense, or grant a security interest in the Software; (d) remove any proprietary notices or labels on the Software, including the code underlying the Software; or (e) use the Software for any reason other than User's non-commercial private use. Further, You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Software.
9. Other Intellectual Property Rights.
A. Copyright Information and Personal & Non-Commercial Use Limitation.
All Service and the compilation of all content included on this Website are owned or licensed by Provider and protected by United States and international copyright laws. Provider does not claim ownership of copyrights owned by third parties.
You have been granted a license to view and use the Service subject to these Terms and Conditions. Unless otherwise specified, the Service on this Website is for Your personal and non-commercial use. You may not sell or modify the Service or reproduce, display publicly or otherwise use the Service in any way for any public or commercial purpose. Permission to reprint or electronically reproduce any document or graphic, in whole or in part, for any other purpose is expressly prohibited without prior written consent from Provider. Users may not provide copyrighted or other proprietary information to Provider without permission from the owner of such material or rights. Users are solely responsible for obtaining such permission and for any damages resulting from unauthorized disclosures or infringement.
B. Notice and Procedure for Making Claims under the Digital Millennium Copyright Act.
The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If You believe that Your copyrighted work has been copied without Your authorization and is available on this Website in a way that may constitute copyright infringement, You may provide notice of Your claim to Provider's Designated Agent listed below. For Your notice to be effective, it must include the following information:
(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;
(2) A description of the copyrighted work that You claim has been infringed upon;
(3) A description of where the material that You claim is infringing is located on this Website;
(4) Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
(5) A statement by You that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(6) 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.
Provider's Designated Agent is:
Ignite Game Technologies Incorporated
Turn 1, Sonoma Raceway, 29359 Arnold Drive, Sonoma, CA 95476
The Designated Agent should be contacted only if You believe that Your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Website. All other inquires to the Designated Agent will not be answered.
Provider owns or in the process of registering trademarks for its many goods and services, including, without limitation, simraceway, and the associated graphics, logos and service marks and may not be used without prior written consent of Provider. All other trademarks, product names, and company names and logos appearing on the Website are the property of their respective owners.
D. Winners Lists and Rights of Publicity.
You agree to the use by Provider of Your username, photograph(s), likeness, statements, biographical information, voice and city and state address for advertising and promotional purposes, worldwide, and in perpetuity, in any and all forms of media, now known or hereafter devised without additional compensation, review or approval rights, notification or permission, except where prohibited by law, if You win a prize in any game, competition, tournament or event offered through the Website.
YOU FURTHER ACKNOWLEDGE THAT IF YOU ARE A WINNER, YOUR IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, HAVING YOUR USERNAME PLACED A WINNERS' LIST.
E. Ideas and Inventions.
All comments, feedback, suggestions, ideas, and other submissions ("Ideas") disclosed, submitted, or offered to Provider in connection with Your use of this Website shall be the exclusive property of Provider. User agrees that unless otherwise prohibited by law Provider may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to User.
10. Winner Obligations.
Winners may, at the option of the Provider, be required to complete and sign an Affidavit of Eligibility and Liability Release, where legal, a Publicity Release, and requisite tax documents applicable to the winner's jurisdiction. Failure to complete such forms within fourteen (14) days of receipt of such request will result in forfeiture of the prize. In the event of non-compliance with these Terms and Conditions, or if the prize notification is unclaimed or returned as undeliverable, the prize will be forfeited. Any forfeited prize, at Provider's discretion, may be awarded to an alternate winner.
11. Privacy and Protection of Personal Information.
12. Disclaimer of Warranties and Limitation of Liability.
You expressly agree that use of the Website, games and Service is at Your sole risk. Neither Provider nor any of its officers, directors, or employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by Provider (collectively "Providers"), or the like, warrant that websites affiliated with Providers, including but not limited to, this Website, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published on this Website may contain inaccuracies or typographical errors. Provider makes no warranty as to the results that may be obtained from the use of the Website or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through the Website. Furthermore, Provider shall not be responsible for any opinions, views, advice or statements posted on the Website (including, without limitation, in any public posting areas of the Website) by any person or entity other than an authorized Provider spokesperson. Advertisers, content providers, You, guests, independent writers and experts are not authorized Provider spokespersons. At no time should the opinions, views, advice or statements provided by advertisers, content providers, You, guests, independent writers or experts be relied upon for important personal decisions without independent verification.
A. Disclaimer of Warranties.
YOUR USE OF THIS WEBSITE AND OUR SOFTWARE IS AT YOUR SOLE RISK. THIS WEBSITE, INCLUDING THE SERVICE AND SOFTWARE, IS PROVIDED BY PROVIDER ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PROVIDER AND THE PROVIDERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
PROVIDER AND THE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, SECURITY OF THE WEBSITE, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, PROVIDER DOES NOT WARRANT THAT THE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY SERVICE OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A TELEVISION SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
B. Limitation of Liability.
PROVIDER DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF PROVIDER.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROVIDER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS WEBSITE, SOFTWARE, OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
THE LIMITATION OF THIS PARAGRAPH SHALL APPLY NOTWITHSTANDING ANY RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THIS WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PROVIDER RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITE.
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON PROVIDER'S GOODS OR SERVICES, FROM INABILITY TO USE PROVIDER'S GOODS OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF PROVIDER'S SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
If You are dissatisfied with any portion of the Website, Your sole and exclusive remedy is to discontinue Your use of this Website.
13. Technical Requirements.
To play games on the Website, You need a computer and Internet connection that meet the minimum technical requirements as described in the help files on the Website. To see our current minimum technical requirements please go to the download page.
14. Third Party Links.
15. Third Party
16. Online Conduct and Abuse.
A. Online Conduct and Abuse.
Provider is committed to taking all necessary measures to prevent anything that gives one User an unfair advantage over another User. Provider is also committed to ensuring that the Website environment is an enjoyable place to work and play. Provider reserves the right to take immediate action in the event that we believe You are abusing or demonstrating inappropriate conduct in violation of Provider's Terms and Conditions
You agree to use the Website and the Services provided through this Website only for lawful purposes and to behave in a fair manner. Unacceptable uses and behavior that is deemed prohibited practices include, without limitation: (i) engaging in any illegal activity or the planning of any illegal activity; (ii) using abusive, defamatory, libellous, discriminatory or offensive language on the Website, including without limitation in Usernames, on the chat boards, in User forums, through in-game chat, or in interaction with Provider's staff including Simraceway Stewards and other staff members; (iii) disseminating or transmitting untrue and/or malicious and/or damaging comments with regard to the Provider's operation in any media or forum; (iv) sending spam to other individuals in order to attract new users; (v) creating, disseminating or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property rights of any person; (vi) creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication; (vii) purposely entering faulty, misleading, incorrect, or incomplete information; (viii) exporting, re-exporting or permitting the downloading of any Service, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (ix) interfering, disrupting or attempting to gain unauthorized access to other Accounts on the Website or any other computer network; (x) committing, or attempting to commit fraud; (xi) opening and/or using multiple Accounts; (xii) trading or selling accounts or otherwise permitting any other person to access Your Account; (xiii) purposely causing an interruption or error in order to influence a game, such as to cause the game to prematurely end; (xiv) intentionally poor play in certain games in order to achieve a broader competitive advantage (i.e. "sandbagging"); (xv) deliberately transferring money between Accounts (i.e. "money laundering"); (xvi) harassing other Members; (xvii) disseminating or transmitting viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program; (xviii) causing any breach of the security of Your Account or the Website; or (xix) breaching any of these Terms and Conditions.
Collusion and/or linked accounts are also strictly prohibited. Collusion means two or more Users sharing and using their combined knowledge to gain an advantage over other Users in a game or to defraud the Provider. Provider strictly prohibits collusion. For example, in a racing game, it is not permissible to have one User purposely interfere with other Users in order to intentionally create an advantage for another User. Provider also strictly prohibits the use of linked accounts, meaning a User or Users using more than one Account in order to gain an advantage over other Users or to defraud the Company.
B. Reporting Abuse or Inappropriate Conduct.
If You wish to report any abuses, inappropriate online conduct or a violation of Provider's Terms and Conditions, please forward all evidence of the same to firstname.lastname@example.org. Please refer responsibly!
C. Penalties for Abuse, Inappropriate Online Conduct and Violating Provider's Terms and Conditions.
If You are found to be abusing or demonstrating inappropriate conduct or are deemed to be in violation of Provider's Terms and Conditions, we may suspend or revoke Your Account or the funds in Your Account, void Your scores, change Your skill rating (where applicable) and community rating (where applicable), seize funds in Your Account to repay Users who You have cheated against and/or commence civil and criminal legal proceedings against You. Provider may cooperate with legal authorities and third parties in the investigation of any suspected or alleged crime or civil wrong.
You acknowledge and agree that You shall not circumvent or attempt to circumvent any of these Terms and Conditions, the Service or any games offered through this Website or otherwise interrupt or attempt to interrupt the operations of the Website (collectively, a "Circumvention Act"). If Provider determines, in its sole discretion, that You have engaged, or attempted to engage, in any Circumvention Act, use automated technology or otherwise unfairly alter Your chances of winning, or to otherwise commit fraud with regard to the Website, then, in such an event, You will forfeit all winnings to which You may otherwise be entitled, and Provider reserves the right to institute civil or criminal proceedings against You and to report You to the relevant regulatory authorities.
These Terms and Conditions are effective until terminated by either party. You may close Your Account at any time by contacting Provider at email@example.com. Provider will respond to Your request within a reasonable time provided that You continue to assume responsibility for all activity on Your Account until such closure has been effected by us. Your access to the Website may be terminated immediately without notice from Provider if in our sole discretion You fail to comply with any term or provision of these Terms and Conditions.
19. Maintenance and Reporting Problems.
Provider conducts maintenance work on its system from time to time mainly for the purpose of ensuring the server's security and integrity. If possible, You will be notified of maintenance periods in advance. A portion, or sometimes all, of the features of the Website will not be available during maintenance periods.
All problems encountered during the use of Provider's Services, including those with regard to Your Account, etc., can be reported to Provider when the problem is encountered at firstname.lastname@example.org.
If You use this Website, You are responsible for restricting access to Your computer and ensuring that Your computer is free from all types of malicious code, spyware, viruses, Trojans, etc. that may track any data You enter via this Website, including e-mail address, credit card number, and other payment related information.
Provider reserves the right to monitor all network traffic to this Website to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to this Website in any fashion. Anyone using this Website expressly consents to such monitoring.
You agree to defend, indemnify and hold harmless Provider and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors from and against all liabilities, actions, claims and expenses, including legal fees arising out of or relating to: (a) Your use of the Website or the Service, including any data or work transmitted or received by You or any service provider; (b) any other party's access and use of the Website or the Service with Your unique Identifiers, except where You have previously notified Provider that You believe such Identifiers are no longer secure and confidential; (c) Your connection to any Provider site; (d) Your violation of these Terms and Conditions; or (e) Your violation of any rights of a third party or service provider.
23. Applicable Law/Jurisdiction.
The failure of Provider to require or enforce strict performance by You of any provision of these Terms and Conditions or to exercise any right under them shall not be construed as a waiver or relinquishment of Provider's right to assert or rely upon any such provision or right in that or any other instance.
If a court of competent jurisdiction determines that any provision of these Terms and Conditions is unenforceable, all other provisions will remain in full force and effect and the unenforceable provision will be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions.
25. Statute of Limitations.
26. California Consumer Notice.
As required by California Code Section 1789.3, this notice is to advise You that this Website is a service provided by Ignite Game Technologies Incorporated of Turn 1, Sonoma Raceway, 29359 Arnold Drive, Sonoma, CA 95476 and that (b) the fees and charges for the Service vary depending on the features selected by You. Provider reserves the right to change the amount of any fee or charge and to institute new fees or charges, effective on reasonable notice to You of the Service. If You have a complaint regarding the Service or desire further information on use of the Service, contact email@example.com. For complaints, You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 "R" Street, Sacramento, California 95814 or by telephone at 1-916-445-1254.
27. Entire Agreement.
You are reminded to print all transaction data, payment methods and these Terms and Conditions in order to avoid misunderstandings at a later time.
Date Last Modified: November 16, 2010.