Terms and Conditions
Thank you for visiting VisionRacer's Web site, which is a service provided by VRI (NZ) Ltd t/a SimRoom ("VisionRacer" or "we" or "us"), and is located at visionracer.com (the "Site"). This page sets out the terms and conditions ("Terms and Conditions") which will govern your use of the Site and compliance with these rules is a condition to your use of the Site. We reserve the right to modify these Terms and Conditions. Accordingly, please review this page often. VisionRacer will give notice of changes to the Terms and Conditions by posting the revised Terms and Conditions on this Site, together with the date the Terms and Conditions were last updated. Modifications will be effective immediately upon posting. Your continued use of this Site indicates your agreement to be bound by the modified Terms and Conditions. If you do not agree to be bound by the Terms and Conditions, promptly exit this Site. If you have any questions regarding these Terms and Conditions, please email your questions to firstname.lastname@example.org. Should you choose to subscribe to any VisionRacer services, you must also agree to the Master Services Agreement, which contains additional terms of service.
Section A - User Information
Section B - Ownership and Copyright
Ownership and Copyright
All pages within this Site and any material made available for download are the property of VisionRacer, its subsidiaries, affiliates, vendor and/or licensors.
The contents of the Site, including without limitation any materials accessed through or made available for use or download through this site are copyrighted and may not be copied, distributed, modified, or used, in whole or in part, without the prior written consent of VisionRacer, except that you may download content from the Site to any single computer for your personal use only, provided you keep intact all copyright, trademark, and other proprietary notices and comply with any applicable end user license agreements. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. All software used on this Site is the property of VisionRacer or its software suppliers and protected by New Zealand and international copyright laws.
Section C - License; Restrictions on Use
License; Restrictions on Use
VisionRacer hereby grants you a limited, nonexclusive, revocable, and non-transferable license to use and access the Site solely for your personal, non-commercial use, provided you retain all copyright and other proprietary notices, and pursuant to the requirements and restrictions of these Terms of and Conditions. If you have purchased an online subscription to the Site, it is personal to the individual whose name appears in the first and last name field of the subscription order form and it cannot be shared with or used by any other individual or entity. You may not frame or utilize framing techniques to use, surround or enclose any of VisionRacer's names, trademarks, service marks, logo, or other proprietary information (including; images, text, page layout, or form) of VisionRacer and/or our affiliates or subsidiaries without VisionRacer's express written consent. You may not use any meta tags or any other "hidden text" utilizing VisionRacer name or trademarks without the express written consent of VisionRacer.
As a condition of your use of this Web site, you warrant to VisionRacer that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. You also agree not to deep-link to the site for any purpose, unless specifically authorized by VisionRacer to do so. If you breach any of these Terms and Conditions, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials. Any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by VisionRacer. If you use the materials other than as permitted in this license, you will be violating VisionRacer's copyright and other proprietary rights.
Section D - Trademark Notice
VisionRacer is a trademark owned by VisionRacer. VisionRacer's trademarks may not be used in connection with any product or service that is not VisionRacer's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits VisionRacer. All other trademarks and logos used in this Site are the trademarks, service marks or logos of their respective owners. VisionRacer does not make any claims to the marks of others which might appear on the Site. You gain no right to use any marks of VisionRacer or any other entity by virtue of your use of this Site.
Section E - Confidential And Proprietary
Confidential and Proprietary Information/Visitor Submissions
You agree not to try to access and not to access any information through the Site which does not pertain to you and which you are not properly authorized to receive. You agree that if you should access information about another individual or entity, or otherwise receive information you are not authorized to receive, or if you become aware that someone else has accessed or attempted to access information that person was not authorized to receive, you will immediately cease such unauthorized access, notify VisionRacer of the unauthorized access, and assist VisionRacer in identifying and correcting the circumstances which permitted such unauthorized access. You will keep confidential all information you receive concerning another individual or entity confidential, shall not use such information, shall return such information to VisionRacer immediately, shall not transmit it to any other person or entity and shall not return it in any electronic or other form.
Section F - Security
You may be required to enter a valid User I.D. and password ("Access Codes") to access certain areas of the Site or to purchase products. It is your sole responsibility to monitor and control use of these Access Codes for all purposes. You accept all responsibility for the security of your Access Codes, and utilization of the Site via the Access Codes. You agree that you shall be solely liable for all authorized and unauthorized access using the Access Codes. Do not disclose your Access Codes to anyone not authorized to act on your behalf. VisionRacer cannot and will not be liable for any loss or damage arising from your failure to comply with this Section F
Section G- Forward Looking Statements
The Site may contain forward-looking statements regarding VisionRacer's business, customers, partners, future products and services or other factors that may affect future earnings or financial results. Such statements involve risks and uncertainties, which could cause actual results to vary materially from those expressed in or indicated by the forward-looking statements. Examples of these risks include delays in development, competitive service and product offerings, and lack of market acceptance.
Section H -Disclaimer of Warranties
Disclaimer of Warranties
VisionRacer DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT, AND ANY SITE-RELATED SERVICES, ARE PROVIDED "AS IS," AND "AS AVAILABLE" WITH ALL FAULTS. VisionRacer MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
VisionRacer SPECIFICALLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION OBTAINED THROUGH THE SITE. VisionRacer DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.
VisionRacer DOES NOT WARRANT THAT ANY FILES IT MAKES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY. YOU AGREE THAT VisionRacer SHALL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OF INDIRECTLY FROM ANY SUCH CODE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND OF THE INTERNET, INCLUDING ANY SITE-RELATED SERVICES, AND HYPERLINKED WEB SITES.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VisionRacer OR VisionRacer AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Violation of the Term and Conditions
You understand and agree that in VisionRacer's sole discretion, and without prior notice, VisionRacer may terminate your access to the Site, or exercise any other remedy available and remove any unauthorized user information, if VisionRacer believes that the information you provide has violated or is inconsistent with these Terms and Conditions, or violates the rights of VisionRacer, or any third party, or violates the law.
Section J - Limitation Of Liability Regarding
Use Of Site Limitation of Liability From Use of Site
VisionRacer AND ITS SUBSIDIARIES, AFFILIATES, VENDORS AND/OR LICENSORS AND OTHER THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY INJURIES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE OR INABILITY TO USE THE SITE, SITE-RELATED SERVICE, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, ANY USE, PERFORMANCE, OR POSSESSION OF THIS SITE, ANY HYPERLINKED WEB SITE, ANY DEFECT IN THE SITE OR ITS CONTENTS, AND/OR ANY BREACH OF THESE TERMS AND CONDITIONS. THIS LIMITATION APPLIES (A) WHETHER THE ALLEGED CLAIMS OR DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND (B) REGARDLESS OF WHETHER OR NOT VisionRacer HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEB SITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IF THE EXCLUSION OF WARRANTY OR LIMITATION OF LIABILITY IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN VisionRacer, AND ITS SUBSIDIARIES, AFFILIATES, VENDORS AND/OR LICENSORS AND OTHER THIRD PARTIES MENTIONED ON THIS SITE MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL NOT EXCEED THE AMOUNT OF ANY SUBSCRIPTION OR MEMBERSHIP FEE WHICH YOU MAY HAVE PAID FOR THE SERVICE.Section K - Indemnity
You agree to indemnify and hold VisionRacer, and its subsidiaries, affiliates, officers, agents, vendors, licensors, and other partners and employees, harmless from any loss, liability, injury (including injuries resulting in death), claim, or demand, including reasonable attorneys' fees and costs, of any kind due to, arising out of, or relating to your use of the Site or its content, including also your use of the Site to provide a link to another site or to upload content or other information to the Site, or your breach of the Terms and Conditions.
Section L - Accuracy and Integrity of Information
Accuracy and Integrity of Information
Although VisionRacer attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform VisionRacer so that it can be corrected. Information contained on the Site may be changed or updated without notice.
Section M - Visitor/Member Chat Rooms And Other Interactive AreasForums and Other Interactive Areas
You may post or submit comments, content and other materials so long as it is not illegal, vulgar, obscene, sexually explicit, threatening, harmful, defamatory, harassing, abusive, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content.
VisionRacer reserves the right, but is not obligated to, monitor, filter, or review any areas of the Site, including the conduct, where visitors or users transmit or post communications, content, or communicate solely with each other, including, but not limited to, chat rooms, bulletin boards, and other user forums, and the content of any such communications. VisionRacer, however, will have no liability related to the content of any such communications. VisionRacer retains the right to remove, in its sole discretion, communications that include any material deemed abusive, defamatory, obscene, or otherwise inappropriate. The maker of any such material agrees to indemnify and hold VisionRacer harmless from and against any claim or suit, including damages, costs and attorney fees, brought by any governmental agency or third party as a result of the making of such material.
Section N - DMCA Policy
A physical or electronic signature of the copyright owner or authorized agent;
Identification of the copyrighted work(s) claimed to have been infringed;
Identification of the material that is claimed to be infringing or to be the subject of the 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;
Information regarding how we may contact you (e.g., mailing address, telephone number, e-mail address);
A statement that the copyright owner or its authorized agent 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
A statement that the information in the notification is accurate, and made under penalty of perjury, and, if an agent is providing the notification, a statement that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Section O - Links or Pointers to other Sites
Links or Pointers to Other Sites
Section P - Advertising
Section Q - Termination
Section R - Statute of Limitations
Statute of Limitations
Section S - Choice of Law and Venue
Choice of Law and Venue
VisionRacer makes no representation that materials on the Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.
Section T - International Use
Section U - Severability
Section V - Entire Agreement
Effective Date of these Web Site Terms and Conditions of Use: April 30, 2010.
Collection and Our Use of Information
Protection of Children’s Personal Information
We do not publish content that is targeted to children. We do not intend to collect personally identifiable information from anyone under 13 and will not knowingly collect, maintain, or disclose such information. If you are under 13, you should not enter any personally identifiable information about yourself on our Site. If you are a parent or guardian who has discovered that your child under the age of 13 has submitted his or her personally identifiable information without your permission or consent, we will make reasonable efforts to remove the information from our database, at your written request. To request the removal of your child’s information, please send us an e-mail to email@example.com and be sure to include in your message the same information, including e-mail address that your child submitted.
Aggregate and Statistical Data
Personally Identifiable Information
Non-Personally Identifiable Information
Data that is not personally identifiable, such as answers to surveys, comments, ideas and suggestions that do not include your personally identifying information, are deemed to be non-confidential, and we are free to disclose and use such data, without any obligation whatsoever to you for any purpose and through any means.
Use and Sharing of Information
These vendors, contractors or partners are restricted from using this data in any way other than to provide services for us, and they may not share or resell this data.
We will make reasonable efforts to ensure that whatever information you provide will be maintained in a secure environment. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot guarantee the security of any information you transmit to us or from our Site, and you provide such information at your own risk.
Correct or Remove Information
Links to Other Sites
Changes to Policy
We may, at any time, revise these policies by updating this posting. Your continued use of this Site indicates your acceptance of all revisions and you should, therefore, periodically visit this page to review these policies for changes. If you have any comments or questions about this policy, please contact us at firstname.lastname@example.org.
Consent to Processing in New Zealand