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Our– Terms of Use

Recoded Motorsports – Terms of Use
Last updated: June 10, 2024

1. Introduction

This Terms of Use Agreement (the “Agreement”) is entered into as of June 10, 2024, by and between Recoded Motorsports LLC, a limited liability company organized and existing under the laws of South Dakota, with its principal place of business at:

25 FIRST AVENUE SW STE A
Watertown, SD 57201

(“Recoded Motorsports,” “we,” “us,” or “our”), and any individual or entity accessing or using the website located at recodedmotorsports.com (the “Website,” “you,” or “your”).

This Agreement sets forth the terms and conditions governing access to and use of the Website, including all services, features, content, and communication platforms provided by Recoded Motorsports. By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by this Agreement, including any referenced policies such as our Privacy Policy and DMCA Policy.

If you do not agree to this Agreement, you may not access or use the Website.

2. Parties and Effective Date

This Agreement is effective as of the date on which you first:

  • Access, browse, or otherwise use the Website; or
  • Indicate your acceptance through any “I Agree” mechanism provided on the Website.

The parties to this Agreement are:

  • Recoded Motorsports LLC, as defined above; and
  • Any individual or entity accessing or using the Website (“User,” “Visitor,” “you,” or “your”).

3. Definitions

For purposes of this Agreement, the following terms have the meanings set forth below. All other capitalized terms used but not defined here shall have the meanings ascribed to them in the context of their use.

3.1 Agreement or Terms of Use

“Agreement” or “Terms of Use” means this Terms of Use agreement, which constitutes a legally binding contract between Recoded Motorsports LLC and any User or Visitor accessing the Website.

3.2 Recoded Motorsports, Company, We, or Us

“Recoded Motorsports,” the “Company,” “we,” “us,” or “our” refers to Recoded Motorsports LLC, including its affiliates, officers, directors, employees, agents, and representatives.

3.3 Website

“Website” means the online platform located at recodedmotorsports.com, including all associated domains, subdomains, content, features, and services provided by Recoded Motorsports.

3.4 User

“User” means any individual or entity who:

  • Registers an account on the Website; and/or
  • Actively utilizes the services offered, including access to any Communication Platform or other interactive features.

A User is subject to this Agreement upon registering an account and indicating acceptance by clicking an “I Agree” checkbox or similar mechanism.

3.5 Visitor

“Visitor” means any individual or entity who accesses or explores the Website, its services, offerings, or event listings without registering an account or using the Communication Platform beyond mere browsing.

3.6 Content

“Content” means all materials and information available on or through the Website, including but not limited to text, images, graphics, logos, audio, video, software, data, and other intellectual property owned or licensed by Recoded Motorsports.

3.7 User-Generated Content (UGC) or User Content

“User-Generated Content” or “User Content” means any content, including but not limited to text, images, photos, videos, audio, comments, driver profiles, and other materials that Users submit, upload, post, or otherwise provide to or through the Website.

3.8 Prohibited Content

“Prohibited Content” means any content that is defamatory, illegal, obscene, infringing, or otherwise violates applicable law or the rights of any third party, as further described in this Agreement.

3.9 Intellectual Property / Intellectual Property Rights

“Intellectual Property” or “Intellectual Property Rights” means all copyrights, trademarks, service marks, trade dress, patents, trade secrets, designs, know-how, and other proprietary rights owned or controlled by Recoded Motorsports in connection with the Website and the Content.

3.10 License (User Content License)

“License” means the non-exclusive, worldwide, perpetual, royalty-free, transferable, and sublicensable license that each User grants to Recoded Motorsports to use, reproduce, display, modify, adapt, publish, translate, distribute, and create derivative works from their User-Generated Content in connection with the operation, promotion, and improvement of the Website and Recoded Motorsports’ services, subject to the terms of this Agreement.

3.11 Privacy Policy

“Privacy Policy” refers to the separate policy document that describes how Recoded Motorsports collects, uses, stores, and protects personal information. The Privacy Policy is incorporated by reference into this Agreement.

3.12 DMCA Policy

“DMCA Policy” means the separate policy outlining the process for reporting and addressing claims of copyright infringement in accordance with the Digital Millennium Copyright Act, which is incorporated by reference into this Agreement.

3.13 Governing Law / Applicable Law

“Governing Law” or “Applicable Law” means the laws of the State of South Dakota, without regard to its conflict of laws principles. To the extent any provision of this Agreement conflicts with mandatory provisions of another jurisdiction’s laws where a User is located, such mandatory laws shall prevail only to the extent necessary to render the provision compliant.

3.14 Severability

“Severability” refers to the principle that if any part of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

3.15 Written Consent

“Written Consent” means express, documented permission granted by Recoded Motorsports for any use of Website Content beyond what is expressly permitted in this Agreement.

3.16 Communication Platform

“Communication Platform” refers to any forum, messaging system, or other interactive feature provided by Recoded Motorsports for Users to communicate or share information.

4. Purpose of this Agreement

This Agreement governs:

  • Your access to and use of the Website;
  • The submission, use, and management of User-Generated Content; and
  • Your rights and responsibilities concerning Recoded Motorsports’ Intellectual Property and the Content available on the Website.

5. Acceptance of Terms

5.1 Agreement to Terms

By accessing or using the Website, including creating an account, you agree to be bound by this Agreement. If you do not agree, you must not access or use the Website.

5.2 Account Creation (Users)

During account creation, you will be presented with a conspicuous “I Agree” checkbox next to these Terms of Use. By checking this box and creating your account, you acknowledge that:

  • You have read and understood this Agreement; and
  • You agree to be legally bound by all of its provisions.

Recoded Motorsports will maintain a record of your acceptance, including date and time.

5.3 Initial Website Visit (Visitors)

If you are a Visitor without an account, you may be presented with a banner summarizing these Terms of Use and displaying an “I Agree” button. By clicking “I Agree” or by continuing to use the Website after viewing this banner, you acknowledge that:

  • You have been given an opportunity to review this Agreement, and
  • You agree to be legally bound by it.

Recoded Motorsports may maintain a record of your acceptance, including date and time.

5.4 Amendments to Terms

Recoded Motorsports reserves the right to modify these Terms of Use at any time. Notice of any material changes will be posted on the Website. Your continued use of the Website after the effective date of such changes constitutes your acceptance of the revised Terms of Use.

6. Permitted and Prohibited Use

6.1 Introduction

By accessing or using the Website, you agree to comply with all rules in this Permitted and Prohibited Use section. These rules are designed to protect Recoded Motorsports and all Users and Visitors.

6.2 Recoded Motorsports’ Intellectual Property

  1. Recoded Motorsports owns all Intellectual Property Rights in and to the Website and all Website Content, including but not limited to text, images, graphics, logos, designs, code, and other materials.
  2. Except as expressly permitted in this Agreement, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, or otherwise use any Website Content without our prior Written Consent.
  3. Unauthorized use of Website Content may violate copyright, trademark, and other applicable laws.

6.3 Permitted Use

Subject to your compliance with this Agreement, you may:

  1. Access and use the Website for personal, non-commercial purposes only;
  2. View and interact with the Website’s publicly available features, including event listings and driver profiles;
  3. Submit User Content as permitted and described in this Agreement.

6.4 Prohibited Use

The following activities are strictly prohibited. Violation may result in suspension or termination of your account and/or legal action:

6.4.1 Intellectual Property Infringement

You may not copy, reproduce, distribute, modify, transmit, perform, display, sell, license, reverse engineer, decompile, or create derivative works from any Website Content without Written Consent.

6.4.2 Unauthorized Access

You may not access or attempt to access any portion of the Website, servers, or related systems that are not publicly available or that you are not authorized to use.

6.4.3 Illegal Activities

You may not use the Website to engage in any illegal activity, including but not limited to:

  • Harassment, stalking, or threatening others;
  • Fraudulent or deceptive practices;
  • Defamation;
  • Inciting or promoting violence or other unlawful conduct.
6.4.4 Harmful Content

You may not submit User Content that is defamatory, libelous, threatening, obscene, pornographic, sexually explicit, or otherwise objectionable. This includes, without limitation:

  • Hate speech;
  • Graphic violence;
  • Content promoting illegal activities.
6.4.5 Infringing Content

You may not submit, upload, or otherwise make available any User Content that infringes any third party’s intellectual property or other proprietary rights. You are solely responsible for obtaining all necessary permissions before uploading any content you do not fully own.

6.4.6 Spamming

You may not use the Website to send unsolicited bulk communications, including email, messages, or other spam.

6.4.7 Malware and Security Violations

You may not upload, distribute, or otherwise make available viruses, worms, Trojan horses, malicious code, or any other software intended to damage or interfere with the Website or any system.

6.4.8 Data Scraping and Automated Collection

You may not scrape, crawl, harvest, or otherwise collect data from the Website using automated means, except as explicitly allowed by Recoded Motorsports in writing (e.g., an approved API).

7. User-Generated Content

7.1 Introduction

This section governs all User Content that you submit, upload, post, or otherwise provide to or through the Website, including but not limited to:

  • Comments;
  • Photos;
  • Videos;
  • Driver profiles and driver representation materials;
  • Any other text, media, or information.

By submitting User Content, you agree to comply with this Agreement.

7.2 Permitted User Content

You may submit User Content that:

  1. Is accurate, truthful, and not misleading;
  2. Does not violate any applicable law or regulation;
  3. Does not infringe any third party’s intellectual property, privacy, publicity, or other rights;
  4. Is not defamatory, obscene, harassing, threatening, abusive, or otherwise unlawful;
  5. Does not promote illegal or harmful conduct;
  6. Does not contain viruses, malware, or harmful code.

7.3 Prohibited User Content

You may not submit User Content that:

  1. Infringes any third party’s copyright, trademark, trade secret, or other Intellectual Property Rights;
  2. Is confidential, private, or otherwise protected by law without express consent to share;
  3. Contains personal information about any person other than yourself unless you have their explicit consent;
  4. Constitutes spam, chain letters, or unsolicited commercial communications;
  5. Attempts to impersonate another individual or entity, or misrepresent your affiliation;
  6. Promotes discrimination based on race, religion, national origin, gender, sexual orientation, or any other protected characteristic.

7.4 License Grant (User Content)

By submitting User Content, you grant Recoded Motorsports LLC a worldwide, non-exclusive, royalty-free, sublicensable, transferable, perpetual, and irrevocable license to:

  • Use, reproduce, distribute, modify, adapt, publicly display, publicly perform, and create derivative works from your User Content;
  • In connection with the operation, promotion, and improvement of the Website and related services, including use in marketing, advertising, and social media.

You retain ownership of your User Content, subject to the rights granted in this section.

7.5 Representations and Warranties (User Content)

By submitting User Content, you represent and warrant that:

  1. You own or control all rights in your User Content or have obtained all necessary licenses and permissions to grant the above License;
  2. Your User Content does not violate any law or regulation;
  3. Your User Content is accurate and not misleading.

7.6 Content Removal

Recoded Motorsports LLC reserves the right, in its sole discretion, to remove, edit, or refuse any User Content at any time and for any reason, including but not limited to content that:

  • Violates this Agreement;
  • Violates applicable law; or
  • Is otherwise deemed harmful or inappropriate.

We may do so without prior notice to you.

7.7 User-Generated Content Disclaimer

  1. Recoded Motorsports does not endorse, guarantee, or assume responsibility for any User Content.
  2. Users are solely responsible for the accuracy, legality, and appropriateness of any content they submit.
  3. Recoded Motorsports expressly disclaims liability for any User Content that is defamatory, illegal, obscene, infringing, or otherwise objectionable.
  4. You acknowledge that you use and rely on User Content at your own risk.

7.8 Indemnification (User Content)

You agree to indemnify, defend, and hold harmless Recoded Motorsports LLC, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of or relating to:

  • Your User Content; or
  • Your violation of this Agreement in connection with User Content.

8. Intellectual Property Rights

8.1 Ownership of Website Content

All Content on the Website, including but not limited to:

  • Text, images, graphics, logos;
  • Audio and video clips;
  • Data compilations and software;

is the sole and exclusive property of Recoded Motorsports LLC or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws. All rights are reserved.

8.2 User Content License (Reaffirmation)

By submitting User Content, you grant Recoded Motorsports the License described in Section 7.4 above. You represent and warrant that you have all necessary rights to grant such License.

8.3 Prohibition on Unauthorized Use

Except as expressly authorized by this Agreement or by Written Consent:

  • You may not copy, reproduce, modify, distribute, display, perform, or otherwise use any Content from the Website.
  • Any unauthorized use may violate copyright, trademark, and other laws and may result in civil or criminal penalties.

8.4 DMCA Compliance

Recoded Motorsports respects the intellectual property rights of others. If you believe that any content on the Website infringes your copyright, please follow the procedures described in our DMCA Policy for submitting a takedown notice.

8.5 Trademarks

“Recoded Motorsports” and any associated logos, designs, or marks displayed on the Website are trademarks or service marks of Recoded Motorsports LLC. You may not use these marks without our prior Written Consent.

9. Disclaimer of Warranties

  1. The Website and all related content, services, and materials are provided on an “AS IS” and “AS AVAILABLE” basis.
  2. To the fullest extent permitted by law, Recoded Motorsports LLC expressly disclaims all warranties of any kind, whether express, implied, or statutory