APEX RACING TV TERMS AND CONDITIONS

  • Last modified: 16 September, 2024.
  • Effective: 24 June, 2024.

WELCOME TO APEX RACING TV!

Apex Racing TV (ARTV) provides sim racing services for iRacing and other platforms online via the ARTV website (the “Site”) and related services (collectively, the “Service(s)”). The Service is operated by Apex Racing UK, Ltd. (the “Company”, “we” or “us”) for users of the Service (“you”).

THIS USER AGREEMENT (this “Agreement”) is between you and Apex Racing UK Limited. and its affiliates (collectively, including Apex Racing TV, “Apex Racing.” or “We”) and governs your use of Apex Racing’s software, documentation, and related services, including the services made available on Apex Racing’s websites at https://apexracingtv.com and http://apexracingtv.com (all of which are referred to herein as the “Service”).

BY REGISTERING FOR, ACCESSING, INSTALLING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT REGISTER FOR, ACCESS, INSTALL OR USE OUR SERVICES.

The Service is intended for use by private individuals only, not for use by or on behalf of businesses or organizations. If you are or if you represent a business or organization and wish to register for, access, install or use the Service in any way, you must contact Apex Racing directly at admin@apexracingtv.com to discuss separate pricing and licensing terms.

You must be over 13 years of age to use the Service, and children under the age of 13 may not use the Service in any way. If you are over 13 years of age but are not yet of legal age to form a binding contract (in many jurisdictions, this age is 18), then your parent or guardian must read this Agreement and agree to the terms on your behalf before you may use the Service. If you are a parent or guardian and you consent to your child’s use of the Service, then you agree to be bound by the terms of this Agreement with respect of your child’s use of the Service.

  1. Description of Service. The Service consists of organised single or repeating broadcasting of events managed by Apex Racing with certain racing simulation computer programs (“Racing Sims”) designed to provide you with a live broadcast of your events. 
  2. Partners Apex Racing has partnered with Xtreme Scoring to provide additional services. These terms of service do not override any terms of service you agree to when registering on the Xtreme Scoring website: https://www.xtremescoring.info/
  3. Additional Services. In addition to the services described in Section 1, Apex Racing. may offer for sale, download or use certain other software, services, or products on its websites (the “Additional Services”). Your use of any such Additional Services may be subject to additional terms of use (the “Additional Terms of Use”), in addition to the terms of this Agreement. In the event of any conflict between the terms of this Agreement and any Additional Terms of Use, the terms of such Additional Terms of Use shall be controlling in all matters concerning your use of that particular Additional Service, and in all other matters, the terms of this Agreement shall control.
  4. License. You are required to own any licenses as stipulated by any Racing Sims that may be used in these Services.
  5. Restrictions on Use. Except as otherwise specifically permitted in this Agreement, you may not (and you may not permit anyone else to):
    1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
    2. harm minors in any way;
    3. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
    4. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    5. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
    6. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas specifically designated for such purpose, upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    7. solicit users directly for commercial purposes without prior written authorization from Apex Racing;
    8. interfere with or disrupt the servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
    9. intentionally or unintentionally violate any applicable local, national or international law;
    10. access the Service from territories where its contents are illegal is prohibited (those who choose to access the Service from other locations do so at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, email, or privacy);
    11. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
    12. “stalk” or otherwise harass another user;
    13. collect or store personal data about other users, in connection with the prohibited conduct and activities set forth in paragraphs above or otherwise; or
    14. provide or share any personal data or other information through the Services for which you lack authority to provide or share under applicable law in the manner in which it is shared by you.
  6. Confidentiality. You agree not to transfer, copy, disclose, provide or otherwise make available confidential information in any form to any third party without the prior written consent of Apex Racing. You agree to implement reasonable security measures to protect such confidential information, and without limitation to the foregoing, you shall use best efforts to maintain the security of the Service provided to you by Apex Racing.
  7. Third Party Materials and Agreements. You may be able to access or use third party software, resources, content, communications or information (“Third Party Materials”) via the Service. You acknowledge sole responsibility for and assume all risk arising from your access to, reliance upon or use of any such Third Party Materials and Apex Racing disclaims any liability that you may incur arising from access to, reliance upon or use of such Third Party Materials via the Service. You acknowledge and agree that Apex Racing: (a) is not responsible for the availability or accuracy of such Third Party Materials; (b) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to, reliance upon or use of such Third Party Materials; and (c) does not make any promises to remove Third Party Materials from being accessed through the Service.
  8. Personal Information and Privacy. We may ask you to provide certain information about yourself during your use of the Service, or through the registration process for the Service. All personal information that you provide to us will be governed by the Privacy Policy, which is available at https://www.apexracingtv.com/privacy-policy/.
  9. Pricing. The Service is currently provided to you to certain usage limits and/or with respect to certain functions, and usage over these limits and/or beyond these functions may require the purchase of additional resources and the payment of fees. Please note that depending on your location and from whom you purchased access to the Service, pricing may vary and your payment may be processed by Apex Racing or one of its domestic or international affiliates.
  10. Feedback. We would like to get your feedback on the Service so we can keep improving it. You agree to answer questions regarding the Service posed by us from time to time and you shall, regardless of whether or not formally requested to do, provide to Apex Racing reasonable suggestions, comments and feedback regarding the Service, including but not limited to usability, bug reports and test results, with respect to the Service testing (collectively, “Feedback”). With respect to any Feedback to Apex Racing, you grant Apex Racing a worldwide, non-exclusive, perpetual, irrevocable, royalty free, fully paid up license and right: (i) to make, use, copy, modify, sell, distribute, sub-license, and create derivative works of, such Feedback as part of any Apex Racing. product, technology, service, specification or other documentation (individually and collectively, “Apex Racing. Products”); (ii) to publicly perform or display, import, broadcast, transmit, distribute, license, offer to sell, and sell, rent, lease or lend copies of such Feedback (and derivative works thereof) as part of any Apex Racing. Product; (iii) solely with respect to your copyright and trade secret rights, to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties; and (iv) to sublicense to third parties any claims of any patents owned or licensable by you that are necessarily infringed by a third party product, technology or service that uses, interfaces, interoperates or communicates with such Feedback or portion thereof incorporated into Apex Racing. Product, technology or service. Further, you warrant that your Feedback is not subject to any license terms that would purport to require Apex Racing to comply with any additional obligations with respect to any Apex Racing Products that incorporate any Feedback.
  11. Support. Support is provided for the Service via our community Discord Server here https://discord.gg/45tAqPq Service-impacting issues shall be addressed as quickly as possible by Apex Racing.
  12. No Warranty. THE SERVICE IS BEING DELIVERED TO YOU “AS IS” AND APEX RACING. MAKES NO WARRANTY AS TO ITS USE, RELIABILITY OR PERFORMANCE. APEX RACING. DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SERVICE. APEX RACING MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT APEX RACING HAS THE RIGHT TO UNILATERALLY ABANDON THE SERVICE OR ANY SUBSIDIARY FEATURE AT ANY TIME AND WITHOUT OBLIGATION OR LIABILITY TO YOU.  YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USE OF THE SERVICE AND ASSUME ALL RISKS ASSOCIATED WITH ITS USE.
    NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT APEX RACING’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
  13. Indemnification. YOU AGREE TO INDEMNIFY AND HOLD APEX RACING AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SOFTWARE, OR THE INFRINGEMENT BY YOU, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY.
  14. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APEX RACING. BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THE SOFTWARE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES CONTAINED IN THE SERVICE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SOFTWARE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE SOFTWARE, OR (VI) ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SOFTWARE, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE. THESE LIMITATIONS SHALL APPLY EVEN IF APEX RACING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, APEX RACING’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), SHALL NOT EXCEED ONE HUNDRED DOLLARS OR THE AMOUNT THAT YOU HAVE PAID FOR THE SERVICE IN THE PAST TWELVE (12) MONTHS, WHICHEVER IS GREATER. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
  15. Cancellation Either Apex Racing or you may terminate this Agreement at any time by providing the other party written notice thereof. This Agreement shall terminate automatically, without notice, if you fail to comply with the terms of this Agreement. You are not entitled to receive any refunds if you fail to comply with the terms of this Agreement. Upon receiving notice of termination from you a refund will be provided for all remaining services scheduled at least 48 hours after, minus bank fees and an administration charge. Upon receiving notice of termination from Apex Racing a full refund will be provided for all remaining services. All provisions in this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warrant disclaimers, and limitations of liability.
  16. Modification. Apex Racing may modify the Service, this Agreement, the Pricing Terms, and/or any Additional Terms of Use at any time, in its sole discretion. Apex Racing will notify you of any such modifications with either written notice to you or by publishing news of such modification directly onto Apex Racing’s web site. If you do not agree to be bound by the changes, you must immediately cease using the Service. If you continue using the Service after notification of such changes, then you are deemed to have accepted all of the changes and will be bound by them.
  17. Severability; No Waiver. If any of the provisions of this Agreement are held to be invalid under any applicable statute or rule of law, they are, to that extent, deemed omitted. The waiver of one breach or default or any delay in exercising any rights shall not constitute a waiver of any subsequent breach or default.
  18. General. This Agreement, together with Apex Racing’s Privacy Policy, Pricing Terms, and any applicable Additional Terms of Use, constitutes the entire agreement between you and Apex Racing and governs your use of the Service, superseding any prior agreements between you and Apex Racing. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement will remain in full force and effect. 
  19. Review Invitation. 7 days after making a purchase on this site we will invite you to review your purchase/service. This review system is provided by an independent third party https://www.cusrev.com. We will never offer discounts or other incentives in exchange for reviews on our site. You can use the unsubscribe link at the bottom of your invitation if you no longer wish to receive these emails.
  20. Contact Information. If you have any questions about this Agreement, please contact us at admin@apexracingtv.com