Champ Car Fan Zone Terms and Conditions

HEY! BY USING THIS SITE YOU ARE AGREEING TO DRIVE BY OUR RULES.

Welcome to the "Champ Car Fan Zone" application and service, located at the web site www.champcarfanzone.com (collectively, the "Service"). This Service is operated by Champ Car Fan Zone whose principal business address is 37 John Singer Sargent Way, Marlton, NJ 08053. ("Champ Car Fan Zone", "we" or "us").

Your access and use of the Service is subject to these Terms and Conditions and all applicable laws, rules and regulations. by accessing or using any part of the Service, you acknowledge that you accept these Terms and Conditions. If you do not agree with all of these Terms and Conditions, you may not use any portion of the Service.

Registration: Use of the Service requires that you register in order to use the Service. While we may establish certain criteria for registration, we will make the determination in our sole discretion whether to accept or reject any applicant's registration.

Authorized use of the Service: The Service offers a computer interface that provides you with the ability to publish and share uploads for the promotion. Uploads may consist of photographs, video or audio files submitted by you (collectively, "User Elements"). The posting and storage of Uploads are subject to availability, and no guarantee is made regarding any amount of storage space or length of time for such storage. Uploads may be removed at Champ Car Fan Zone's discretion, for any reason, without notice. The Service is provided for your personal and non-commercial use. Any other use of the Service requires Champ Car Fan Zone's prior written consent.

Registration and Passwords: In connection with your registration, we may provide you with an access code to enter the Service and thereafter you must register in order to fully utilize the Service. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. You are responsible for the security of your passwords and will be solely liable for any use or unauthorized use under such passwords. We may suspend or terminate your access at any time with or without notice.

Privacy: The privacy of your personal information is very important to us. For more information on what information we collect and how we use such information, please read our Privacy Policy.

Unauthorized Use of the Service: You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download, store or otherwise reproduce, store or distribute content available on the Service. Further, you may not use any such automated means to manipulate the Service or attempt to exceed the limited authorization and access granted to you under these Terms and Conditions. You may not resell use of, or access to, the Service to any third party.

Acceptable Use Policy: This Service provides you with the ability to post Uploads. When using such features, you expressly warrant, represent and agree that:

1. you own all right, title and interest in and to any User Elements supplied by you and you have permission from any and all third parties appearing in such User Elements to use such third parties in and as part of your Invitation(s);

2. any and all User Elements supplied by you are your own fully original creations and do not copy in whole or in part from any other work;

3. any and all User Elements supplied by you do not contain any third party trademarks, logos, service marks and/or brand identifiers;

4. User Elements (including but not limited to any materials integrated into such User Elements) supplied by you will not infringe or violate the rights of any third parties, including but not limited to copyrights, trademarks, rights of publicity/privacy, patent, trade secret or confidentiality obligations;

5. you will not post and/or use any content that is libelous, defamatory, abusive, vulgar, hateful, obscene, scandalous, inflammatory or otherwise objectionable or offensive, in Champ Car Fan Zone's sole discretion; and

6. you have the right to provide and send messages to any email address that you input to send emails through the Service.

You hereby grant to Champ Car Fan Zone a perpetual, worldwide, irrevocable, royalty-free license to use, redact, publish, republish, copy, distribute, modify, and/or otherwise use your respective Uploads(s), including any and all User Elements and/or other intellectual property contained therein, alone or with other materials, in any medium now known or hereinafter developed, without payment of compensation to you and without seeking any further approval from you. By submitting User Elements in which you or third parties appear, you hereby grant Champ Car Fan Zone permission to use your, or any third parties', image or likeness as it appears in such User Elements. You agree to be solely liable for the User Elements supplied by you.

Proprietary Rights: We are the exclusive owner or authorized licensors of the Service, including all copy, software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained therein. Except as set forth herein, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. All rights not granted under these Terms and Conditions are reserved by Champ Car Fan Zone.

Links: This Service may contain links to other web sites not maintained by us, and through such links you may be able to engage in certain transactions with third parties. We encourage you to be aware when you leave our Service and to read the terms and conditions and privacy statements of each and every web site that you visit. We are not responsible for the practices or the content of such other web sites or services.

No Warranties: THE SERVICE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, IS PROVIDED "AS IS" AND CHAMP CAR FAN ZONE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SERVICE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CHAMP CAR FAN ZONE DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE VIDEOS AND/OR OTHER RELATED CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the amount of ten dollars (US $10.00).

Changes: We may change, suspend or terminate the Service at any time without notice. In addition, these Terms and Conditions may be changed at any time without prior notice. We will make such changes by posting them on the Service, and you should check for such changes frequently. Your continued access of the Service after such changes conclusively demonstrates your acceptance of those changes.

Indemnification: You agree to indemnify, defend and hold us and our representatives and agents harmless from and against any and all third party claims, demands, liabilities, costs or expenses, including attorney's fees and costs, arising from, or related to, (i) any breach by you of any of these Terms and Conditions, (ii) the content of any User Elements supplied by you and any Uploads created by you, (iii) your use of materials or features available on the Service (except to the extent a claim is based on infringement of a third party right by materials created by us) or (iv) a violation by you of applicable law.

Governing Law: The laws of the State of New Jersey shall govern these Terms of Service. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN CAMDEN, NJ FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS OF SERVICE OR YOUR ACCESS OR USE OF THE SERVICE.

Digital Millennium Copyright Act ("DMCA") Notice: Materials may be made available via the Service by third parties not within our control. We are under no obligation to scan content posted on the Service for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party's copyright to remain on the Service.
If you believe any materials on the Service infringe a copyright, you should provide us with written notice that at a minimum contains:

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. 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 that site;

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

5. 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

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.
All DMCA notices should be sent to our designated agent as follows:

Champ Car Fan Zone
37 John Singer Sargent Way
Marlton, NJ 08053
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

Severability: If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions.

Waiver; Remedies: The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms and Conditions by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms and Conditions. Our rights and remedies under these Terms and Conditions shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

Questions: Should you have any questions regarding these Terms and conditions you may contact us at:
Champ Car Fan Zone
37 John Singer Sargent Way
Marlton, NJ 08053