Last Updated: August 2011
Welcome to the Oracle Racing team Web site (the “Website”), located at http://www.oracleracing.com. These Terms and Conditions apply to your use of the Website as well as to any correspondence by e-mail or otherwise between Oracle Racing (“us,” “our” or “we”) and you. Please read them carefully. By accessing the Website and/or any pages thereof, you signify your agreement with and understanding of these Terms and Conditions and any changes to them, regardless of whether or not you choose to register with our Fan Club or otherwise submit any data, information or other material to us. In consideration of your use of the Website, you represent that you are of legal age to form a binding contract and are not a person barred from receiving any services offered on the Website under the laws of the United States or other applicable jurisdiction.
If you do not agree to and accept these Terms and Conditions, you do not have permission to access the Website and you should stop using it immediately.
When using particular services on the Website, you shall also be subject to any guidelines, rules and/or additional terms and conditions applicable to such services. All such guidelines, rules and/or additional terms and conditions are hereby incorporated by reference into these Terms and Conditions. To the extent of any inconsistency between these Terms and Conditions and any other guidelines, rules and/or additional terms and conditions posted on the Website from time to time, these Terms and Conditions shall prevail.
We reserve the right to change the Terms and Conditions at any time without notice to you. Any changes will be posted to the Website. You are responsible for checking this page periodically in order to review the current version of the Terms and Conditions. Your continued use of the Website following any changes shall constitute your acceptance to the updated Terms and Conditions.
Access to the Website
In general, you can access and browse the Website without registering your details with us. However, certain areas of the Website Fan Club are only open to you if you register. In such instances, we will request personally identifiable information from you in order that you may participate in the relevant services, activities or features on the Website. As a condition of your use of these areas of the Website, you agree to provide true, accurate, current and complete information about yourself as requested and to keep such information up to date and current at all times. We reserve the right to add other services, activities or features to the Website which are only available to users who register.
In order to use the Website, you must provide all necessary equipment to connect to the World Wide Web, including a computer or modem or other access device, and you must pay any service and/or telephony fees associated with such access. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of and comply fully with these Terms and Conditions.
While we endeavour to ensure that the Website is normally available 24 hours a day, we shall not be liable if for any reason the whole or any part of the Website is or should become unavailable at any time or for any period. In particular, but without limitation to the foregoing, access to the whole or any part of the Website may be discontinued or suspended temporarily and without notice in the case of system maintenance or repair, in the case of system failure or for other reasons beyond our control or otherwise at our absolute discretion.
Notice to parents
We are concerned about the safety and privacy of all users of the Website, particularly minors. For this reason, any parent allowing their minor child to access the Website should assist them in setting up relevant accounts and supervise their use of the Website. By allowing your minor child access to the Website, which is designed to appeal to a wide audience, your minor child may be able to access parts of the Website which may now or in the future include features that may not be appropriate for your child’s unsupervised use.
Permitted use of content
You are permitted to view, download, and print contents from the Website subject strictly to the following conditions: (i) the content may be used solely for information purposes and for your own personal non-commercial private use; (ii) the content may not be modified, adapted or altered in any way; and (iii) you do not acquire any ownership rights to any content in the Website. Any unauthorised use terminates the permission or licence granted by us and shall constitute a clear and material breach by you of these Terms and Conditions.
You may not copy, store in any medium (including, without limitation, on any other website), modify, adapt, publish, distribute by any means (including, without limitation, via any peer-to-peer network), prepare derivative works from, broadcast, communicate to the public or transmit any part of the Website or any of the contents contained in the Website or otherwise use the content for any other purpose other than as explicitly permitted herein. Any other use requires our prior written permission. Any rights not expressly granted in these Terms and Conditions are reserved wholly and exclusively to us.
Without prejudice to the generality of the foregoing paragraph, the prohibitions set out therein apply without limitation to any audio recording or commentary, visual or audio-visual works (whether live, delayed or recorded), data, statistics, live scoring services, text commentary services, reviews, articles, trade marks, logos or photographs (or any part of any of the foregoing) that appear on the Website from time to time.
If you submit any information, material or contribution to the Website including, without limitation, any text, graphics, photo, video or audio (in each case a “Contribution”), you shall be solely responsible for your own submission and the consequences of uploading it in each case. We do not want to receive confidential or proprietary information from you through the Website, and any Contribution sent to us via the Website shall be considered non-confidential and non-proprietary. By submitting any Contribution to the Website, you represent, warrant and undertake that such Contribution: (i) is your own original work and that you have the right to make it available to us for all the purposes specified above; (ii) is not defamatory; and (iii) does not infringe any law or the intellectual property rights or other proprietary rights of any third party.
Right to Monitor and Editorial Control
We reserve the right, but do not have any obligation, to monitor and/or review user Contributions. While we are not responsible for any user’s Contribution, and we expressly disclaim any and all liability with respect to and in connection with any Contribution, we reserve the right to remove any Contribution uploaded by you and/or to suspend or to terminate your access to the whole or any part of the Website without notice if we believe you are in breach of these Terms and Conditions or applicable law, or for any other reason.
You agree to use the Website only for lawful purposes, and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Website by us, other users of the Website and/or any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person; impersonating any person or entity, whether actual or fictitious, or misrepresenting your affiliation with any other person or entity; engaging in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses or other personal information; circumventing, reverse engineering, decrypting, or otherwise altering or interfering with (or attempting, encouraging or supporting anyone else’s attempt to do any of the foregoing) the Website; and the transmission of obscene, defamatory or offensive content or disruption of normal flow of dialogue within the Website.
In addition, you are prohibited from submitting or transmitting (whether deliberately or inadvertently) to or from this Website any material: (i) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; (ii) for which you have not obtained all necessary licences and/or approvals; (iii) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law or infringe the rights of any third party anywhere in the world; and/or (iv) which is or may be technically harmful, including (without limitation) any material which contains or consists of computer viruses, spyware, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data.
You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website or attack the Website via a denial-of-service attack or a distributed denial-of-service attack. We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone suspected to have acted or to have attempted to act in breach of these Terms and Conditions.
Links from the Website
Links to third party websites on the Website are provided solely as a convenience to you. We have not necessarily reviewed all of these third party websites and we do not control and are not responsible for these websites or for the accuracy or availability of information, material or content provided by them. We therefore do not endorse or make any representations about them, or any material found on them, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions that may be applicable to such sites.
Although we will take reasonable care to ensure that any information and data on the Website is up to date at the time of publication, it may be or become out of date from time to time and we are under no obligation to update the same. Any and all information and data on the Website is provided for general information purposes only and no representation or guarantee (including liability towards third parties), expressed or implied, is made as to its accuracy, reliability or completeness. We are not responsible for the content of external internet sites that link to the Website or which are linked from it.
Your use of the Website, and any feeds from it or other material downloaded or otherwise obtained through the use of the Website, is at your own discretion and sole risk. You will be solely responsible for any damage to your computer system or device with which you access the Website as well as for any loss of data that results from the download or use of any such material. We make no warranty or representation that the Website or any functions, services and facilities contained or provided on the Website will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses, bugs, spyware or similar flaws.
The Website, and any feeds from it, are provided on an “AS IS” and “AS AVAILABLE” basis and, to the maximum extent permitted by applicable law, we hereby expressly disclaim all warranties, conditions and other terms of any kind (whether express or implied), including (but not limited to) any implied term of accuracy, compatibility, security, merchantability, satisfactory quality, suitability, fitness for a particular purpose and any term as to non-infringement of any intellectual property right.
Limitation of Liability
In no event shall we be in any way liable for any direct, indirect, incidental, special, consequential or exemplary damages, including (without limitation) damages for loss of profits, connectivity, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages) or any other damages or losses whatsoever arising in any way from or in connection with the use of or inability to use the Website or any information, data or material contained on or obtained from the Website, whether arising in an action in contract, negligence or other tort action.
Nothing in these Terms and Conditions shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from negligence or fraud or any other liability which cannot be excluded or limited under applicable law.
As a condition of your access to and use of the Website, you hereby expressly agree to indemnify and hold us and our subsidiaries, affiliates, licensors, licensees, shareholders, officers, agents, employees and other partners harmless from and against any and all liabilities, losses, damages, claims, penalties, fines, costs, awards and expenses (including, without limitation, reasonable legal fees) that may arise out of or in connection with your use of and access to the Website and/or your failure to comply with any provision of these Terms and Conditions.
All intellectual property and other proprietary rights, including (without limitation) copyright, trade marks and database rights, in the Website and its contents are owned by or licensed to us, or otherwise used by us as permitted by applicable law. The Oracle Racing, Inc. (“OR”), the OR logo(s) and emblem(s), together with the logos of OR events and/or regattas (including the emblems and logos of the 34th America’s Cup) and other OR logos and designs are our trade marks and are licensed to us or registered by us in territories around the world. Furthermore, all rights in the company names, trade names, logos, product packaging and designs of ours or of America’s Cup Event Authority LLC, America’s Cup Properties Incorporated or of their or OR’s official sponsors, licensees, suppliers, or other third-party products or services, belong exclusively to us, America’s Cup Event Authority LLC, America’s Cup Properties Incorporated, or such third-party, as applicable, or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international laws, as applicable.
The use or misuse of these trade marks or any materials, except as expressly permitted herein, and including without limitation use as a domain name or as part of a domain name, is expressly prohibited and nothing stated or implied on the Website confers on you any licence or right under any patent, copyright work, trade mark, design or other right of a similar nature of ours or any third party. No act of downloading or otherwise copying or reproducing from the Website will transfer title to you to any software or material on the site, unless express statements are communicated to you by us to the contrary.
All photos are supplied by Gilles Martin Raget or Guilain Grenier (save where otherwise specifically acknowledged) are owned by ORACLE Racing (Copyright © ORACLE Racing/ Guilain Grenier. All rights reserved Copyright © ACEA / Gilles Martin Raget). Photos may not be reprinted or otherwise reproduced and any requests for use of photos owned by ORACLE Racing should be made directly to ORACLE Racing.
We respect the intellectual property rights of others, and require that the people who use the Website do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please send the following information to us: (a) your address, telephone number, and email address; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the alleged infringing material is located; (d) 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; (e) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for our Copyright Agent for notice of claims of copyright infringement is as follows:
c/o Oracle Racing, Inc.
999 Marin St.
San Francisco, CA 94124
The security of Internet traffic is uncertain and so, if you communicate with us by e-mail, you accept the risks of such uncertainty and the possible lack of security and threat to confidentiality which may result from any such communication.
We reserve the right at all times, in our absolute discretion and without prior notice to you, to terminate your account, password and/or your use of the whole or any part of the Website, for any reason, including (without limitation) for lack of use or if we believe that you have breached or otherwise not complied with any provision of these Terms and Conditions. You agree that we shall not be liable to you or any third party in any way for any termination of your access to the Website. We may also in our absolute discretion and at any time discontinue providing the whole or any part of the Website, with or without notice.
No failure or delay on our part to exercise or enforce any of our rights under these Terms and Conditions shall act as or constitute a waiver of such rights.
If any provision of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction which that provision is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and Conditions and the remaining provisions of these Terms and Conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
These Terms and Conditions shall be governed by and construed in accordance with English law. Any disputes arising in relation to these Terms and Conditions shall be subject to the exclusive jurisdiction of the English courts.
You can contact us by emailing us or by writing to us at the following address:
Oracle Racing, Inc.
999 Marin St.
San Francisco, CA 94124