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Terms of Use
Indyicons has established this privacy policy to explain to you how your information is protected, collected and used, which may be updated by Indyicons from time to time. Indyicons will provide notice of materially significant changes to this privacy policy by posting notice on the Indyicons site.- ACCEPTANCE OF TERMS
- IndyIcons provides a collection of online resources, including career statistics, pictures, news feeds, related to Indy Racing league drivers,(referred to hereafter as "the Service") subject to the following Terms of Use ("TOU"). By using the Service in any way, you are agreeing to comply with the TOU. In addition, when using particular indyIcons services, you agree to abide by any applicable posted guidelines for all indyIcons services, which may change from time to time. Should you object to any term or condition of the TOU, any guidelines, or any modifications thereto or become dissatisfied with indyIcons in any way, your only recourse is to immediately discontinue use of indyIcons. indyIcons has the right, but is not obligated, to strictly enforce the TOU through self-help, community moderation, active investigation, litigation and prosecution.
- MODIFICATIONS TO THIS AGREEMENT
- IndyIcons reserve the right, sole discretion, to modify, change or alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself aware of any changes. You can find the most recent version of the TOU at: http://www.indyicons.com/about/terms.of.use.html
- CONTENT
- You understand that all postings, text, files, images, photos, news or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility and property of the person(s) or organization(s)from whom such Content originated. This may and or include IndyCar media guide, photos by IMS media, Wikipedia, being used by indyIcons as a result of Indycar's written approval and authorization and by complying with the standard protocol of credit acknowledgement involving all of stated herein. Furthermore, the indyIcons site and Content available through the Service may contain links to other websites, which are completely independent of indyIcons. IndyIcons makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will indyIcons be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that indyIcons ONLY rearranges and converts the text into codes which it acquired from IndyCar media guide and all sources stated herein. During the process of coding, we take extreme quality control measures to eliminate error and omission. In the event of such occurrence IndyIcons will correct such information and assures it readers and concerned drives that such mistake, are not intentional or meant to defame, harm, damage, alter, or modify records, statistics or accomplishments of drivers involved with IndyCar or any other sanctioned body.
- THIRD PARTY CONTENT, SITES, AND SERVICES
- The indyIcons site and Content available through the Service may contain features and functionalities that may link you with access to third party content which is completely independent of indyIcons, including web sites, servers, directories, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
- NOTIFICATION OF CLAIMS OF INFRINGEMENT
- If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify indyIcons agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at abuse@indyicons.com
or:
Copyright Agent indyIcons 12912 Partridge Bend Dr Austin, TX 78729
- Please provide the Agent with the following Notice:
- a) Identify the material on the indyIcons site that you claim is infringing, with enough detail so that we may locate it on the website;
- b) A statement by you or your representative stating that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
- d) Your address, telephone number, and email address; and
- e) Your physical or electronic signature.
- indyIcons will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
- If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify indyIcons agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at abuse@indyicons.com
or:
- PROPRIETARY RIGHTS
- IndyIcons is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of indyIcons. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of indyIcons, IndyCar, IMS Media, Wayne Randall, Wikipedia, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
- IndyIcons does not claim ownership of content that is posted, on its website with the exception of those which are produced by its members, managers and project partners which includes codes website design, photos, disclaimer, terms and conditions. IndyIcons reserves the exclusive rights to use, copy, perform, display and distribute the said content, allowed by the Unites States and International, copyrights law.
- DISCLAIMER OF WARRANTIES
- YOU AGREE THAT USE OF THE INDYICOS SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE INDYICONS SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, INDYICONS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE INDYICOS SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, INDYICONS DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE INDYICONS SITE.
- Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
- LIMITATIONS OF LIABILITY
- UNDER NO CIRCUMSTANCES SHALL INDYICONS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF INDYICONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE INDYICONS SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE INDYICONS SITE OR THE SERVICE, FROM INABILITY TO USE THE INDYICONS SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE INDYICONS SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE INDYICONS SITE OR THE SERVICE OR ANY LINKS ON THE INDYICONS SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE INDYICONS SITE OR THE SERVICE OR ANY LINKS ON THE INDYICONS SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
- INDEMNITY
- You agree to indemnify and hold indyIcons, its managers, subsidiaries, affiliates, successors, assigns, service providers, suppliers, harmless from any claim and/or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.
- GENERAL INFORMATION
- The TOU constitute the entire agreement between you and indyIcons and govern your use of the Service, superseding any prior agreements between you and indyIcons. The TOU and the relationship between you and indyIcons shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. You and indyIcons agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Williamson and or Travis, Texas. The failure of indyIcons to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU 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 Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- VIOLATION OF TERMS AND LIQUIDATED DAMAGES
- Please report any violations of the TOU, by flagging the posting(s) for review, or by emailing to: abuse@indyicons.com
- Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
- You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for indyIcons to pursue legal action to enforce these Terms, you will be liable to pay indyIcons the following amounts as liquidated damages, which you accept as reasonable estimates of indyIcons' damages for the specified breaches of these Terms:
- If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay indyIcons one thousand dollars ($1,500) for each such message. This provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.
- If indyIcons establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay indyIcons one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access indyIcons in excess of such limits, whichever is higher.
- If you send unsolicited email advertisements to indyIcons email addresses or through indyIcons computer systems, you agree to pay indyIcons twenty five dollars ($100) for each such email.
- If you post Content in violation of the TOU, other than as described above, you agree to pay indyIcons one hundred dollars ($100) for each Item of Content posted. In its sole discretion, indyIcons may elect to issue a warning before assessing damages.
- If you are a Posting Agent that uses the Service in violation of the TOU, in addition to any liquidated damages under clause (d), you agree to pay indyIcons one hundred dollars ($300) for each and every Item you post in violation of the TOU. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the "Principal"), and the Principal (by engaging the Posting Agent in violation of the TOU) agrees to pay indyIcons an additional one hundred dollars ($100) for each Item posted by the Posting Agent on behalf of the Principal in violation of the TOU.
- If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without indyIcons express written permission, you agree to pay indyIcons three thousand dollars ($5,000) for each day on which you engage in such conduct.
- Otherwise, you agree to pay indyIcons actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, indyIcons retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.
- FEEDBACK
- Please send your questions and comments on this document in the indyIcons feedback forum moderator at: abuse@indyicons.com