【iRacing】新しい利用規約、新しいプライバシーポリシーの内容について。

新しい利用規約

Updated [2022 August 24] (“Effective Date”)
TERMS OF USE AND END USER LICENSE AGREEMENT
THIS IS A LEGAL AGREEMENT (this “Agreement”) BETWEEN YOU AND IRACING.COM MOTORSPORT SIMULATIONS, LLC (ALONG WITH EACH OF IRACING.COM MOTORSPORT SIMULATIONS, LLC’S AFFILIATES, COLLECTIVELY, “iRacing”). AS USED HEREIN, “YOU” MEANS A USER OF THE SERVICE (AS DEFINED BELOW) AND IN ADDITION, WHEN THE USER OF THE SERVICE IS A MINOR (NOT UNDER THE AGE OF 13) REGISTERED BY A PARENT AND/OR GUARDIAN, THE TERM “YOU” ALSO INCLUDES SUCH PARENT AND/OR GUARDIAN. YOU SHOULD CAREFULLY READ THIS AGREEMENT, INCLUDING THE IRACING PRIVACY POLICY AND (TO THE EXTENT YOU ARE A SIM USER) THE IRACING OFFICIAL SPORTING CODE (the “Sporting Code”), BOTH OF WHICH ARE INCORPORATED INTO AND A PART OF THIS AGREEMENT. IF YOU AGREE WITH THIS AGREEMENT, PLEASE CLICK “ACCEPT” AT THE BOTTOM OF AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU ARE NOT PERMITTED TO USE THE SERVICE OR TO REGISTER ANOTHER PERSON TO USE THE SERVICE.
Welcome to the iRacing motorsport simulation experience (the “Sim”). The Sim includes three software components: (a) iRacing’s proprietary iRacing online software application currently found at https://www.iRacing.com and any subdomains (the “Site”) and the software applications, features, and information available on the Site, along with associated and successor websites, software applications, features, and information, or any part thereof (collectively, the "Online Application"), (b) the client software program for the Online Application (including any "patches," updates, or the like supplied to you by iRacing) along with any accompanying materials or documentation, and all copies and derivative works of the foregoing (collectively, the "Sim Client"), and (c) additional software that is not part of the Sim Client, including additional downloadable content such as tracks and cars (collectively, the “Content”).
In addition to the Sim, this Agreement also applies to any mobile application we offer (each, an “App”) and any other games we may offer (the “Games”, and collectively with the Sim, and any Apps, the “Service”).
All use of the Service is governed by this Agreement (including any future revisions of this Agreement). Any use of the Service not in accordance with this Agreement is expressly prohibited.
As of the Effective Date, iRacing.com Motorsport Simulations, LLC’s affiliates include: iRacing MN Holding, LLC (DBA Monster Games)
iRacing ARG Holding, LLC (DBA Orontes Games)
1. Eligibility
In order to register for the Service (where applicable), you must be an adult according to the laws of the jurisdiction (i.e. state or country, as the case may be) in which you reside. If you are not an adult, if you wish to use the Service you must have a parent or guardian register for the Service on your behalf. By registering for the Service, you are making a representation to iRacing that you are an adult in the jurisdiction in which you reside and that you agree to this Agreement on behalf of yourself and, at your discretion, for one (1) minor child not under the age of 13 for whom you are a parent or guardian and whom you have authorized to use the account you create to use the Service. In the event that you register a minor child not under the age of 13 to use the Service, you hereby agree to this Agreement on behalf of yourself and such minor, and you understand and agree that you will be responsible for all uses of the Service by the minor you register, whether or not such uses were authorized by you. In any event, the Service is not designed for minors under the age of 13, so minors
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under the age of 13 are not permitted to use the Service.
Notwithstanding the foregoing or anything to the contrary in this Agreement or the Privacy Policy, you hereby acknowledge and consent that, if the information of any user of the Service who is a minor (not under the age of 13) (a “Minor User”) is submitted or collected in connection with such Minor User’s use of the Service (including through a requested account name change or otherwise), and including without limitation such Minor User’s name, photograph, audio/visual recording, and other information described in the Privacy Policy, all such information may be used and processed by iRacing and the Promoters (as defined below) in accordance with the terms of this Agreement and the Privacy Policy. Without limitation of the foregoing, you hereby expressly grant consent to the Promoters to: (a) process and disclose such Minor User’s and/or your information and Likeness (as defined below) in accordance with the Privacy Policy; (b) transfer such Minor User’s and/or your information and Likenesses throughout the world, including to the United States or other countries that do not ensure adequate protection for personal information (as determined by the European Commission); and (c) disclose such Minor User’s and/or your information and Likenesses to comply with lawful requests by public authorities, including to meet national security or law enforcement requirements.
Furthermore, residents of countries sanctioned by the US Office of Foreign Assets Control (OFAC) and persons designated by OFAC as Specially Designated Nationals are prohibited from registering for and/or using the Service.
2. Grant of a Limited Use Software License
If you agree to this Agreement, in the event that you are a Sim user, the Sim Client will be installed onto your hardware. If your hardware meets the minimum requirements, the installation of the Sim Client will enable you to use the Sim by accessing your Account with the Sim. Your “Account’ means your account for access to the Service (where applicable). Subject to your agreement to and continuing compliance with this Agreement, iRacing hereby grants, and you hereby accept, a limited, non-exclusive, non-transferable software license to (a) install the Sim Client and the Content on up to two computers owned by you or under your legitimate control (for example, your desktop computer and your laptop) at any one time, and (b) use the Online Application, Sim Client and the Content solely in conjunction with the Sim for your personal, non-commercial entertainment, training and educational purposes only. You are permitted to transfer the Sim Client to another computer owned by you or under your legitimate control, provided you remove the Sim Client from the original computer. Without limiting the foregoing, the license granted to you is subject to your compliance with the restrictions of use and obligations contained in Section 5. In addition, as further explained in Section 12.3, your right to use certain aspects of the Sim Client and the Content may be for a limited duration or may be terminated by iRacing.
3. Ownership
3.1 All rights and title in and to the Service, including the Sim, the Online Application, the Sim Client, and the Content (including any user accounts, titles, computer code, tracks, cars, objects, locations, concepts, artwork, animations, sounds, audio-visual effects, methods of operation, moral rights, any related documentation, "applets" incorporated into the Sim Client, recordings of races), and any and all data and statistics generated by or in connection with the Service, including without limitation, data and statistics generated as a result of your use of the Service (the “Data”), and any Teams (as defined below), and any and all branding or trademarks associated with such Teams, and any and all branding and trademarks associated with iRacing and/or its licensors (collectively, “Trademarks”) are owned by iRacing or its licensors and are protected by United States and international laws. The Service may contain certain licensed materials, and iRacing's licensors may enforce their rights in the event of any violation of this Agreement. For clarity, the Sim Client and the Content are licensed to you; you will not obtain any ownership interest in the Sim Client or any of the Content.
3.2 Without limiting any of the foregoing, you acknowledge and agree that you have no ownership or other property interest in the Service (or any part thereof), the Account, or any other attributes associated with the Account or stored on the Sim or any part thereof, and you further acknowledge and agree that all rights in and to the Account are and will forever be owned by and inure to the benefit of iRacing. iRacing does not recognize the transfer of Accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift or trade any Account, and any such attempt will be null and void.
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3.3 Without limiting any of the foregoing, iRacing owns, has licensed, or otherwise has rights to all of the content that appears in the Service, including the Content. You agree that you have no right or title in or to any such content. iRacing does not recognize any virtual property transfers executed outside of the Service or the purported sale, gift or trade in the "real world" of anything related to the Service. Accordingly, you may not sell items for "real" money or otherwise exchange items for value outside of the Service.
3.4 Information and materials submitted to iRacing, such as any comments, feedback, ideas, questions, designs, data or the like regarding or relating to the Service or the business of iRacing (collectively, "Feedback"), will be considered non-confidential and non-proprietary with regard to you, but iRacing reserves the right to treat any such Feedback as the confidential information of iRacing. For this reason, we ask you not to send us any information or materials that you do not wish to assign to us, including, without limitation, any confidential information or any original creative materials such as product ideas, computer code, or original artwork. By submitting Feedback to iRacing, for valuable consideration, you hereby irrevocably and unconditionally grant and assign to iRacing and its parent, subsidiaries, and affiliates, and its and their successors, assigns representatives and licensees (all together, the “Promoters”): free of charge, all worldwide rights, title and interest in and to such Feedback, including without limitation all intellectual property and other rights in and to such Feedback. The Promoters will be entitled to use, sell, display, exploit, disclose, revise, and delete any Feedback you submit, and any ideas, concepts, know-how or techniques contained in any such Feedback, in any manner and for any purpose whatsoever, including but not limited to developing, marketing and selling products and services using such Feedback, without restriction, without compensating you in any way and with or without identifying you as the creator of the Feedback. You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, their truthfulness and accuracy. You represent that you have all rights in the Feedback necessary to submit it and to grant and assign to the Promoters all right, title and interest in and to such Feedback. You further represent that the Feedback that you submit will not infringe the copyright, trademark, publicity/privacy right or other intellectual property or other right of any third party.
4. Establishing an Account; Fees
4.1 To establish an Account, you will be required to provide iRacing with certain personal information. Your failure to supply accurate information to iRacing when requested, or to update that information as it changes, may result in an interruption or cancellation of access to the Online Application. You agree that we may handle your personal information as described in our Privacy Policy. In particular (but without limitation), you acknowledge that, except in extraordinary circumstances as agreed to by iRacing in its sole discretion, YOUR REAL NAME (or a variation of your name, such as your name followed by a numeral) WILL BE DISPLAYED TO OTHER USERS OF THE SIM, AND YOU HEREBY CONSENT TO SUCH DISPLAY. THIS INCLUDES DISPLAY OF YOUR NAME WITH RESPECT TO ANY DISCIPLINARY ACTIONS TAKEN AGAINST YOU AS FURTHER DESCRIBED IN THE SPORTING CODE. The purpose of displaying members’ real names is to create accountability to discourage members from engaging in disruptive activity. IF YOU ARE AUTHORIZING A MINOR TO USE THE SIM, YOU MUST NOT PROVIDE TO IRACING ANY PERSONAL INFORMATION ABOUT SUCH MINOR.
4.2 During the registration process, you will also be required to select a password that is unique to your Account. You may not share the Account or your password with anyone except as expressly permitted under this Agreement. You are responsible for maintaining the confidentiality of your password. Nobody but you may use your password or your Account and you are responsible for all actions taken by individuals who use your password or Account, including in contravention of the foregoing. In the event that you become aware of or reasonably suspect any breach of security, including any loss, theft, or unauthorized disclosure of your password, you must immediately notify iRacing by emailing support@iracing.com. You acknowledge and agree that iRacing and all other persons or entities involved in the operation of the Service will have the right to transmit, monitor, retrieve, store, and use any information recorded and/or stored in your account in connection with the operation of the Service.
4.3 You acknowledge that unless you request otherwise in your “My Account” section of the iRacing member website by clicking on the box to not automatically renew, your subscription will automatically renew at the end of your subscription period and you will be charged for the renewal fee.
4.4 Your use of the Sim will be subject to your payment of the membership fee applicable to the membership level you select. iRacing’s current membership fees can be found at https://www.iRacing.com/membership/.
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Additional fees for Content may apply. Content fees are for the right to use the Content as part of the Sim as described in this Agreement and are not for payment of a separate offering or service. Please note: Prices do not include U.S. sales tax and as of January 2017 prices also do not include VAT. Depending on your taxing jurisdiction indirect taxes like sales tax / VAT /GST / service tax / cess / IGIC at the applicable rate may be added to your purchase.
5. Limitations on Your Use of the Service; Your Responsibilities
5.1 You agree that you will not (a) modify or cause to be modified any files that are a part of the Service, including the Sim, the Online Application, the Sim Client, the Content or the Data; (b) copy or reproduce the Service or any portion thereof, including the Sim, the Online Application, the Sim Client, the Content, the Data, or the Trademarks (except as expressly permitted in this Agreement), (c) translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Service or any portion thereof, including the Sim, the Online Application, the Sim Client, the Content, or the Data, or remove any proprietary notices or labels on the Sim; (d) create or use cheats, bots, "mods", and/or hacks, or any other third-party software designed to modify the iRacing experience; (e) use any software or other device that intercepts, "mines", or otherwise collects information (including the Data) from or through the Service or any aspect thereof; or (f) sell, resell, or make available to any third party the Service (including any information available through the Sim (including any of the public areas thereof)), the Sim, the Online Application, the Sim Client, the Content, the Data, or the Trademarks, in exchange for anything of value. Notwithstanding the foregoing, you may update the Sim Client with authorized patches and updates distributed by iRacing. Failure to comply with the restrictions and limitations contained in this section will result in the immediate, automatic termination of the Service and license granted hereunder and may subject you to liability. Notwithstanding the foregoing, you may make one (1) copy of the Sim Client for archival purposes only and make copies of user guides for the Service for personal reference purposes only.
5.2 Without limiting the foregoing, iRacing reserves the exclusive right to create derivative works based on the Service, including the Sim, the Online Application, the Sim Client, the Content, the Data, and the Trademarks. You may not create derivative works based on the Service or any of its parts, including the Sim, the Online Application, the Sim Client, the Content, the Data, and the Trademarks, without iRacing’s prior written consent.
5.3 You may not exploit the Service or any of its parts, including the Sim, the Online Application, the Sim Client, the Content, the Data, and the Trademarks, for any commercial purpose, including use or display to others at a race track, car show, convention, arcade, computer gaming center or any other location-based site, without the express written consent of iRacing. You may not rent, lease or license or otherwise provide access to the Service to any other.
5.4 Notwithstanding the foregoing, you may be permitted to broadcast streams of limited races via limited means subject to the terms of the iRacing Broadcast Policy, which is incorporated herein by reference. A violation of any term of the iRacing Broadcast Policy shall be deemed a violation of this Agreement.
5.5 Only iRacing or its licensees have the right to host or otherwise make available the Service. You may not host, provide or develop matchmaking services for the Service, or intercept, emulate or redirect the proprietary communication protocols used by iRacing in any way, regardless of the method used to do so. Such prohibited methods may include, but are not limited to, protocol emulation, tunneling, reverse engineering, modifying the Sim Client, adding unauthorized components to the Sim Client, or using a packet sniffer while the Sim Client is running. All connections to the Service, whether created by the Sim Client or by tools and utilities, may only be made through methods and means expressly approved by iRacing. Under no circumstances may you connect, or create tools that allow you or others to connect, to the Service's proprietary interface other than those expressly provided by iRacing for personal, non-commercial use.
5.6 You may not disrupt or assist in the disruption of (a) any computer used to support the Service; or (b) any other member’s Service experience. ANY ATTEMPT BY YOU TO DISRUPT THE SERVICE OR ANY PART THEREOF OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. iRacing, in its sole discretion, reserves the right to review on-track collisions and interpret all available data and images to determine fault and/or blame in an effort to determine if any such collision was an attempt to purposefully disrupt the Service or any part thereof or compromise the experience of
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any other member. You agree that you will not violate any applicable law or regulation in connection with your use of the Service.
5.7 You may not cheat or otherwise engage in conduct deemed by iRacing to be in conflict with the spirit or intent of the Sim. iRacing is using EasyAntiCheat anti-cheat service (“EasyAntiCheat”), which is operated by a third-party service provider offering services to iRacing. EasyAntiCheat has a client software (“EasyAntiCheat Client”) that is integrated into the Sim. When you start a new race, the EasyAntiCheat Client will automatically load and install its latest version to the Sim. When you are using the Sim, EasyAntiCheat is monitoring your account, analyzing the race binaries and scanning the memory of the Sim for the purpose of detecting and preventing cheating in the Sim (“Purpose”). For the Purpose, EasyAntiCheat is storing information regarding cheating methods used in the Sim (“EasyAntiCheat Data”). By installing, copying, or otherwise using the Sim, you give your consent that EasyAntiCheat may gather, store and publish EasyAntiCheat Data for the Purpose. The EasyAntiCheat Data will be used by EasyAntiCheat solely for the Purpose, including but not limited to identifying and banning players who are cheating in computer games, analyzing cheating behavior and cheating codes as well as sharing information about cheats with affiliates of EasyAntiCheat.
5.8 For the avoidance of doubt, and without limitation to the prohibitions and restrictions set forth in Sections 5.1, 5.2, and 5.3 and elsewhere in this Agreement, you may not copy, modify, incorporate or otherwise use any part of the Service, including the Sim, the Online Application, the Sim Client, the Content, the Data, and the Trademarks, to create non-fungible tokens or other digital files (collectively, “NFT”). If you violate the foregoing prohibition, then, in addition to any other rights and remedies available to iRacing under this Agreement, at law, or in equity, for valuable consideration, you hereby irrevocably and unconditionally grant and assign to iRacing and its parent, subsidiaries, and affiliates, and its and their successors, assigns representatives and licensees, all rights, title, and interest in and to any and all NFTs you create in violation of the foregoing prohibition.
6. Your Information
6.1 Definition. "Your Information" is defined as any information you provide to iRacing or other users: in the registration or transaction process; in any public area (including any member forums, message boards, blogs, and any public message area, including the iRacing World area); through any email feature; or through any other feature of the Service, the Sim, or the Online Application. You represent, warrant, and covenant that you have (and will continue to have) full right and authority to make Your Information available under this Agreement and your making available Your Information hereunder complies (and will continue to comply) with all applicable laws. You are solely responsible for Your Information, the consequences of providing Your Information, and your reliance on any information in any public or other areas of the Service, and iRacing merely acts as a passive conduit for your online distribution and publication of Your Information. In the event that you feel threatened or believe that someone else is in danger, you should contact your local law enforcement agency immediately. Any information you share, including without limitation any discussions with others, in any online public area is by design open to the public and is not private. iRacing reserves the right, but will not be obligated, to record any dialogue or exchanges in the Sim. iRacing will have no responsibility for any actions taken, or failures to take action, with respect to the public areas of the Service or any information provided. As with any public area on any website, Your Information may show up in third-party search engine results.
6.2
Restricted Activities. Your Information may not:
(2.a) be false, inaccurate or misleading, including without limitation any misrepresentation of your identity, your age or your affiliation with any person or entity;
(2.b) be fraudulent or involve the impersonation of any person or entity;
(2.c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
(2.d) include any private information of any third party, including without limitation addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
(2.e) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination, false advertising or obscenity);
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harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
(2.g) be obscene or contain child pornography;
(2.h) intimidate or harass another;
(2.i) contain any viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(2.j) contain any information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation, or data relating to criminal convictions or offenses;
(2.k) involve the posting, transmission, sharing or otherwise making available of any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; or
(2.l) create liability for iRacing or iRacing’s representatives or cause iRacing to lose (in whole or in part) the services of iRacing’s ISPs or other suppliers.
6.3
violating any rights you might have in that information, you agree to grant iRacing, and hereby do grant iRacing, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid, sublicensable (through multiple tiers), and transferable right to exercise all rights you have in Your Information (including without limitation copyright and publicity rights), in any media now known or not currently known.
6.4 Removal of Your Information. You understand and agree that iRacing may, but is not obligated to, review the Service or the Online Application and may in iRacing’s sole discretion delete or remove (without notice) any of Your Information, for any reason or no reason, including Your Information that in iRacing’s sole judgment violates this Agreement or (where applicable) the Sporting Code or any other codes of conduct that iRacing may post from time to time, each of which are incorporated into and a part of this Agreement. You are solely responsible at your sole cost and expense for creating backup copies and replacing any of Your Information you post or store on the Service or the Online Application or provide to iRacing.
7. Your Materials
7.1 The Service may allow you to upload, post, and/or distribute content including without limitation for the purpose of personalizing or customizing portions or elements of the Service, including without limitation the ability to “paint” autos, subject to the following conditions:
(1.a) You understand that all user-submitted text (including without limitation user biographies and profiles), data, software, sounds, photographs, audio, audiovisual, video, artwork, graphics, messages and other materials of any nature ("Materials") that are found on the Service are the sole responsibility of the person from whom the Materials originated. This means you, and not iRacing, are entirely responsible for the Materials you submit. Further, you understand that by using the Service you may be exposed to Materials that are offensive, objectionable or indecent.
(1.b) You agree that all Materials you submit to the Service will be the property of iRacing, and for valuable consideration, you hereby irrevocably and unconditionally grant and assign all worldwide rights, title and interest in and to such Materials, including without limitation all intellectual property and other rights therein and thereto, to the Promoters (as defined herein) free of charge, and you acknowledge and agree that the Promoters may use, sell, display, disclose, revise, delete, and otherwise exploit such Materials in any manner and for any purpose whatsoever, without compensation to you.
(1.c) You will not distribute through or otherwise publish or display through the Service (including without limitation on any cars) any Materials that are indecent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing; contain expressions of hatred, bigotry, racism or pornography, promote or otherwise refer to tobacco products, alcohol or illicit drugs; or are
License. Solely to enable iRacing to use the information you supply iRacing, so that iRacing is not
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otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party or violate any law.
(1.d) You represent that you have all rights in the Materials you submit to the Service necessary to submit them and to grant and assign to the Promoters all right, title and interest in and to such Materials. You further represent that the Materials that you submit will not infringe the copyright, trademark, publicity/privacy right or other intellectual property or other right of any third party.
(1.e) Without limiting the foregoing, you represent that you will not include in your Materials, including without limitation in the paint scheme of any car, in the name of any league, on any website, or in any broadcast, any trademarks, logos, graphics, or any other content or materials of any third party unless you have obtained express written permission from the owner of the same to do so.
(1.f) You will not upload to, distribute through or otherwise publish through the Service any Materials that contain viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
(1.g) You agree to indemnify and hold harmless the Promoters from and against any and all claims, liabilities and expenses (including without limitation reasonable attorneys’ fees) incurred by the Promoters in connection with any claim that you have breached or violated this Agreement, including without limitation any of the provisions of Section 3.4, this Section 7, and Section 8.
8. Release
You acknowledge and agree that: the races and/or any other aspect of the Sim may be photographed and recorded in audio, visual, audiovisual, and/or any other format (collectively, the “iRacing Photographs and Recordings”); the iRacing Photographs and Recordings may include images and recordings of you; and the iRacing Photographs and Recordings will be the property of iRacing. For valuable consideration, you hereby irrevocably and unconditionally: grant and assign to the Promoters (as defined herein) free of charge: all worldwide rights, title and interest in and to the iRacing Photographs and Recordings, including without limitation all intellectual property and other rights therein and thereto; and grant to the Promoters the non-exclusive, perpetual, royalty-free, worldwide, irrevocable, fully paid, sublicensable (through multiple tiers), and transferable right, license, and permission (but not the obligation), in all forms and media, whether now known or not currently known, to use your name and to use, adapt, reproduce, distribute, edit, exhibit, publicly display, publicly perform, publish and copyright photographic or videotaped images and recordings of you with or without your voice (“Likenesses”), at any time now or hereafter, for providing race results, marketing and advertising the Sim and any other lawful purposes whatsoever. You hereby waive any right you may have to inspect or approve the iRacing Photographs and Recordings, the materials that may be used in connection with your name and/or Likenesses, or the uses made of said materials and the iRacing Photographs and Recordings. You agree that the Promoters own all copies of your Likenesses they create, all rights in those copies and anything of value obtained from their use. You understand that the Promoters may make costly arrangements based on this release and the assignment and other rights granted herein and therefore, once given, you cannot withdraw or revoke this release, assignment and other grant of rights. You hereby waive and release any claims you may have against the Promoters for any damages, costs or liabilities you (or others claiming through me) incur from the Promoters’ use of your name or Likenesses and/or the iRacing Photographs and Recordings, including but not limited to damages caused by any distortion, alteration, optical illusion or composite use, whether intentional or otherwise, that may occur in making, processing, duplicating, distributing or displaying the iRacing Photographs and Recordings and/or your name or these Likenesses. The provisions of this Section 8 are intended for the benefit of the Promoters and their officers, employees, agents, service providers and business affiliates.
9. Information Control
We do not control the information provided by other users that is made available through our system. You may find other users’ information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Service. Also, although iRacing uses techniques to verify the age of our users when they register on the Service, because user verification on the Internet is difficult, iRacing cannot and does not confirm
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each user's age with absolute certainty. So you should be aware that there are also risks of dealing with underage persons. Additionally, there may also be risks of dealing with people acting under false pretenses and dealing with international trade and foreign nationals. By using the Service, you agree to accept such risks and that iRacing is not responsible for the acts or omissions of users of the Service.
10. Sporting Code
Your use of the Sim is governed by the Sporting Code. The Sporting Code must be adhered to by all users of the Sim. Among other things, the Sporting Code contains a code of conduct, provides that once a final appeal is exhausted all iRacing determinations are final, and further provides that you agree not to bring any action, claim or suit against iRacing with respect to any iRacing determinations. It is your responsibility to carefully review, know, understand and abide by the Sporting Code. The Sporting Code is incorporated into and a part of this Agreement. This means that as a condition to using the Sim, you agree to be bound to all of the rules, terms and conditions contained in the Sporting Code. The rules contained in the Sporting Code are not meant to be exhaustive, and iRacing reserves the right to determine which conduct it considers to be outside the spirit of the rules and to take such disciplinary measures as it sees fit up to and including termination and deletion of the Account. iRacing reserves the right to modify the Sporting Code at any time.
11. Prize-paying Competitions; Teams
(a) From time to time iRacing may sponsor simulated racing competitions for which prizes are offered (“Competitions”). Only members age 13 or older who maintain their membership, and the appropriate license level, throughout the Competitions are eligible to participate in these Competitions. Residents of countries sanctioned by the US Office of Foreign Assets Control (OFAC) and persons designated by OFAC as Specially Designated Nationals are ineligible to participate. The Competitions are void in these countries and to these persons and VOID WHERE PROHIBITED OR RESTRICTED BY LAW. iRacing reserves the right to deny or restrict any individual’s participation in the Competitions for any reason and at any time and further reserves the right to withhold Competition prizes to any individual if iRacing in its sole discretion determines that the awarding of such prizes may violate any applicable U.S., state or foreign law, rule, regulation or directive. Without limiting the foregoing, contestants in the following locations may not be eligible to win cash prizes: Alaska, Arizona, Arkansas, Connecticut, Delaware, Florida, Illinois, Iowa, Louisiana, Maryland, Missouri, Montana, South Carolina, South Dakota, Tennessee and Vermont. Additional rules and restrictions regarding each Competition are contained in the official rules for the Competition, which can be found by clicking on “REFERENCE” from the iRacing membersite homepage or at: https://members.iRacing.com/membersite/member/instruction.jsp. Before entering any Competition, you should review and understand the official rules for the Competition. Competition rules are a part of and incorporated into this Agreement. By entering any Competition, you are indicating that you accept and agree to the Competition rules.
(b) iRacing may, at its sole discretion, select users of the Sim to be part of one or more teams (each a “Team”) consisting of elite/professional/world championship level drivers (each a “Team Member”). Such Teams may participate in Competitions. In addition to your obligations in connection with participation in such Competitions, you acknowledge and agree that iRacing may, at any time and for any reason, in its sole discretion, remove any Team Member from any Team, including without limitation any Team Member who (i) violates the Sporting Code, (ii) commits any criminal act or other act involving moral turpitude, drugs or felonious activities (including but not limited to sexual assault, assault, murder, felonious drug use, child pornography, domestic abuse, and extortion),or (iii) commits any act or becomes involved in any situation or occurrence which brings him or her into public disrepute, contempt, scandal, or ridicule, or which would shock or offend a reasonable person or any group or class of persons, or which reflects unfavorably upon the Team Member, the Team or iRacing, or if information becomes public, or if iRacing otherwise becomes aware, that such Team Member has conducted himself or herself in a manner as otherwise described (i). (ii) or (iii) in the past. You further acknowledge and agree that, in the event iRacing, in its sole discretion, selects you to be a Team Member of a particular Team, you may be required to submit to a criminal background check and you further agree that your participation as a Team Member on a Team may be conditioned on your timely execution of a consent to conduct such a criminal background check, as may be provided by iRacing from time to time.
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12. iRacing’s Absolute Right to Suspend, Terminate and/or Delete the Account
12.1 IRACING MAY SUSPEND, TERMINATE, OR DELETE YOUR ACCOUNT AT ANY TIME WITH ANY REASON (INCLUDING WITHOUT LIMITATION DUE TO SUSPECTED CHEATING OR UNFAIR PLAY AND/OR HARASSING OR INAPPROPRIATE BEHAVIOR) OR NO REASON, WITH OR WITHOUT NOTICE. For purposes of explanation and not limitation, most account suspensions, terminations and/or deletions are the result of violations of this Agreement.
12.2 You may cancel your Sim membership by selecting “Cancel Membership” under the “My Account” section of the iRacing member website. To the extent permitted by applicable law, in the event that you are permanently banned or your account is permanently terminated by iRacing, you will forfeit your right to any and all payments you may have made for pre-purchased access to the Service and any Content. To the extent permitted by applicable law, you agree and acknowledge that you are not entitled to any refund for any amounts which were pre-paid on behalf of the Account prior to any termination of your Account. By accessing the Service, you acknowledge that, although under certain circumstances, users located in the European Union may have a right to cancel prepaid Account subscriptions within 14 days of signing up for, upgrading to or renewing an Account, PERFORMANCE OF THIS AGREEMENT HAS BEGUN UPON ACCESSING THE SERVICE AND YOU THEREBY LOSE YOUR RIGHT OF WITHDRAWAL UNDER APPLICABLE LAW, INCLUDING APPLICABLE EUROPEAN UNION LAW, IN RESPECT OF THE PURCHASE OF ANY DIGITAL CONTENT HEREUNDER, AND YOU THEREBY WAIVE ANY RIGHT YOU MAY HAVE TO A REFUND OF ANY AMOUNTS WHICH WERE PRE-PAID ON BEHALF OF YOUR ACCOUNT PRIOR TO ANY TERMINATION OF YOUR ACCOUNT. However, if you voluntarily cancel your membership, the termination of your Account will not occur until the end of the subscription period for which you have paid, and you will be able to continue using the Service until such time.
12.3 iRacing may place limits on the amount of time certain Content may be used with the Service or it may terminate users’ rights to use certain Content with the Service. For example, if iRacing is no longer authorized by the owner of a track to license the use of the track with the Online Application, users will no longer have the rights to use the track with the Online Application. However, even if you are no longer permitted to use certain Content with the Online Application, you may continue to use the Content with the Sim Client on your local computer, unless you are otherwise notified by iRacing or your Account is terminated or deleted due to your violation of this Agreement.
12.4 Upon any termination or deletion of your Account due to your violation of this Agreement, any rights granted to you under this Agreement will automatically and immediately terminate. In such event, you must immediately and permanently destroy all copies of the Sim Client (including any user guides) and Content in your possession and control and remove the Sim Client and Content from your hard drive.
12.5 If your Account is terminated or deleted for any reason other than your violation of this Agreement, you will no longer be able to use the Online Application, but you may continue to use the Sim Client subject to the terms and conditions contained in this Agreement.
13. Warranty Disclaimer
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE (INCLUDING THE SIM, THE ONLINE APPLICATION, THE SIM CLIENT, AND THE CONTENT) IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITATION, IRACING EXPRESSLY DISCLAIMS (ON BEHALF OF ITSELF AND ITS LICENSORS) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT.
14. Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER IRACING NOR ITS AFFILIATES OR LICENSORS, NOR ANY OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS OF ANY OF THE FOREGOING, WILL BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND RESULTING FROM OR OTHERWISE RELATING TO THE SERVICE (INCLUDING THE SIM, THE ONLINE APPLICATION, THE SIM CLIENT, OR THE CONTENT) OR THE USE THEREOF. IN NO EVENT WILL ANY OF SUCH PARTIES BE LIABLE TO YOU OR
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ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. If, notwithstanding the foregoing exclusions, it is determined that iRacing is liable for damages, in no event will iRacing's liability, whether arising in contract, tort, strict liability or otherwise, exceed (in the aggregate) the total fees paid by you to iRacing during the six (6) months prior to the time such claim arose. You hereby agree to defend, indemnify and hold iRacing harmless from and against any claim, liability, loss, injury, damage, cost or expense (including reasonable attorneys' fees) incurred by iRacing arising out of or from your use of the Service. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.
15. Export Controls
The Service may be subject to U.S. export controls and may not be re-exported, downloaded or otherwise exported without a license or into (or to a national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
16. Force Majeure
Without limitation to any other term of this Agreement, iRacing will not be liable for any delay or failure to perform resulting from causes outside the reasonable control of iRacing, including any failure to perform hereunder due to unforeseen circumstances or cause beyond iRacing's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
17. iRacing Dollars and Credits
17.1
Definitions.
(1.a) “iRacing Dollars” means converted currency saved to a Member’s account that may be used for a variety of purchases. iRacing Dollars may be purchased from the iRacing Store at a 1.00 to $1.00 USD rate. They are also awarded when a Gift Card code is redeemed. They may be gifted to other Members, but not transferred from one account to another.
(1.b) “iRacing Credits” means a currency awarded by iRacing to Members. iRacing Credits are awarded each Season through Race Participation (up to 10.00 iRacing Credits per license type), and they may also be awarded by iRacing for other reasons as applicable.
17.2
property of the user. All iRacing Credits issued after the “Updated” date first written above will expire no sooner than twenty-four (24) months after the date of issuance. For iRacing Credits issued prior to the “Updated” date first written above, the Credits will be treated as if issued on that date and expire no sooner than twenty-four (24) months following such date. Notwithstanding the foregoing, your iRacing Credits will automatically and immediately expire (and you forfeit them) if you are permanently banned or your account is permanently terminated by iRacing.
17.3 Validity. iRacing Dollars, iRacing Credits and other similar credits issued by iRacing are only valid for purchases made on the Sim. iRacing Dollars and iRacing Credits are not valid for purchases on the iRacing Gear Store. iRacing Dollars and Credits have no cash value. iRacing reserves the right to set and change expiration dates for iRacing Dollars and Credits.
18. Acknowledgments
You hereby acknowledge and agree to the following:
18.1 WHEN RUNNING, THE SIM MAY MONITOR YOUR COMPUTER'S RANDOM ACCESS MEMORY 4827-2694-6045, v. 41 10
Duration of iRacing Credits. Accrued iRacing Credits have no monetary value and do not constitute

(RAM) FOR UNAUTHORIZED PROGRAMS RUNNING CONCURRENTLY WITH THE SIM. AN “UNAUTHORIZED PROGRAM” MEANS ANY SOFTWARE, INCLUDING ANY “ADDON,” “MOD,” “HACK,” “TRAINER,” OR “CHEAT,” THAT IN IRACING'S SOLE DETERMINATION: (a) ENABLES OR FACILITATES CHEATING OF ANY TYPE; (b) ALLOWS USERS TO MODIFY OR HACK THE SIM INTERFACE, ENVIRONMENT, AND/OR EXPERIENCE IN ANY WAY NOT EXPRESSLY AUTHORIZED BY IRACING; OR (c) INTERCEPTS, “MINES,” OR OTHERWISE COLLECTS INFORMATION FROM OR THROUGH THE SIM. IN THE EVENT THAT THE SIM DETECTS AN UNAUTHORIZED PROGRAM, THE SIM MAY COMMUNICATE INFORMATION BACK TO IRACING, INCLUDING YOUR ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED PROGRAM DETECTED, AND THE TIME AND DATE THE UNAUTHORIZED PROGRAM WAS DETECTED.
18.2 WHEN THE SIM IS RUNNING, IRACING MAY OBTAIN CERTAIN IDENTIFICATION INFORMATION ABOUT YOUR COMPUTER AND ITS OPERATING SYSTEM, INCLUDING YOUR HARD DRIVES, CENTRAL PROCESSING UNIT, IP ADDRESS(ES) AND OPERATING SYSTEM(S). YOU HEREBY CONSENT TO IRACING’S USE OF SUCH INFORMATION FOR THE PURPOSES OF IMPROVING THE SIM AND TO POLICE AND ENFORCE THE PROVISIONS OF THIS AGREEMENT.
18.3 In addition to any disclosures permitted by the Privacy Policy, iRacing may, with or without notice to you, disclose your Internet Protocol (IP) address(es), personal information, and information about you and your activities in response to a written request by law enforcement, a court order or other legal process. iRacing may use or disclose your personal information if iRacing believes that doing so may protect your safety or the safety of others.
18.4 IRACING MAY RECORD YOUR CHAT SESSIONS AND OTHER ELECTRONIC COMMUNICATION TRANSMITTED OR RECEIVED THROUGH THE SIM AND YOU CONSENT TO SUCH MONITORING OR LOGGING.
18.5 You are wholly responsible for the cost of all telephone and Internet access charges along with all necessary equipment, consoles, servicing, repair or correction incurred in maintaining connectivity to any computer used to support the Service.
18.6 iRacing may deploy or provide patches, updates and modifications to the Service that must be installed for you to continue to use the Service. You hereby grant to iRacing your consent to deploy and apply such patches, updates and modifications iRacing, including remotely updating the Sim Client residing on your machine.
18.7 RACING IS AN INHERENTLY DANGEROUS ACTIVITY. WITHOUT LIMITATION TO ANY OTHER PROVISION OF THIS AGREEMENT, YOU ASSUME ALL RISK OF INJURY, DEATH, PROPERTY DAMAGE OR LIABILITY ARISING AS A RESULT OF YOUR ENGAGING IN RACING OR DRIVING, INCLUDING WITHOUT LIMITATION YOUR APPLICATION OF ANY METHOD, TECHNIQUE OR SKILL OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICE. IRACING WILL HAVE NO LIABILITY TO YOU OR ANY OTHER PARTY FOR, AND YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS IRACING AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND ADVISORS FROM AND AGAINST, ANY INJURY, DEATH, PROPERTY DAMAGE OR LIABILITY ARISING AS A RESULT OF YOUR ENGAGING IN RACING OR DRIVING.
18.8 SIMRACING CAN BE A PHYSICALLY DEMANDING AND STRESSFUL ACTIVITY. IF YOU HAVE ANY MEDICAL CONDITION THAT WOULD PUT YOU AT HIGHER RISK OF INJURY OR DEATH IF YOU PARTICIPATED IN REAL WORLD RACING, YOU SHOULD, BEFORE USING THE SERVICE, CONSULT WITH YOUR DOCTOR TO ENSURE THAT YOU CAN USE THE SERVICE SAFELY. YOU ASSUME ALL RISK OF INJURY OR DEATH AS A RESULT OF YOUR USE OF THE SERVICE.
18.9 We may include links to third-party sites or services, or information about third-party products or services. You should review the terms of use and privacy policies of all sites and services you link to from or are referred to by the Service. We do not endorse or take responsibility for these third party offerings. We do not vet or take responsibility for third-party sites, services or products or the postings or communications of other users.
19. Equitable Remedies
In the event that you breach this Agreement, you hereby agree that iRacing would be irreparably damaged if this 4827-2694-6045, v. 41 11

Agreement were not specifically enforced, and therefore you agree that iRacing will be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as iRacing may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation will be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
20. Claims of Copyright Infringement
iRacing respects the intellectual property of others, and iRacing expects iRacing’s users to do the same. iRacing may, in appropriate circumstances and at iRacing’s discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide the following information to iRacing’s Copyright Agent:
(1.a) a description of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple works at a single site are covered by a single notification, a representative list of such works at the site;
(1.b) identification of the material that you claim is infringing or is the subject of infringing activity and that is to be removed or disabled, and information reasonably sufficient to permit us to locate the material;
(1.c) your address, telephone number, and email address;
(1.d) a statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(1.e) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner's behalf; and
(1.f) your electronic or physical signature.
iRacing’s Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By email: copyright@iracing.com
By mail: iRacing.com Motorsport Simulations, LLC 300 Apollo Drive
Chelmsford, MA 01824 Attention: Copyright Agent
By telephone: 781-541-6360
21. Changes to this Agreement and the Service
Except with respect to Sections 21.2 (Binding Arbitration) and 21.3 (Exceptions to Alternative Dispute Resolution), iRacing reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement (including the Privacy Policy and (where applicable) the Sporting Code, which are incorporated into and a part of this Agreement) at any time, effective with or without prior notice; provided, however, that material changes (as determined in iRacing’s sole and absolute discretion) will be disclosed as follows: iRacing will provide you with notification of any such changes by email, postal mail, website posting, pop-up screen, or in-application notice. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Service and the Account. Your continued use of the Service following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. iRacing may change, modify, suspend, or discontinue any aspect of the Service at any time. iRacing may also impose limits on certain features or restrict your access to parts or all of the Service without notice or liability.
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22. Dispute Resolution and Governing Law
22.1 Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement ("Dispute"), you and iRacing agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice. Your address for such notices is your billing address, with an email copy to the email address you have provided to iRacing. iRacing’s address for such notices is iRacing.com Motorsport Simulations, LLC, 300 Apollo Drive Chelmsford, MA 01824 USA, Attention: Legal.
22.2 Binding Arbitration. If you and iRacing are unable to resolve a Dispute through informal negotiations, either you or iRacing may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. If you are a resident of the United States, the arbitration will be commenced and conducted under the Streamlined Arbitration Rules and Procedures of JAMS (the “JAMS Rules”), which is available at the JAMS website: www.jamsadr.com. If you reside outside the United States, the arbitration will be commenced and conducted under the WIPO Expedited Arbitration Rules, which are available at the WIPO website www.wipo.int. The determination of whether a Dispute is subject to arbitration will be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation will be governed by the JAMS Rules (and, where appropriate, limited by the JAMS Consumer Rules) or by the WIPO Expedited Arbitration Rules, as applicable. If such costs are determined by the arbitrator to be excessive, iRacing will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and iRacing may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
22.3 Exceptions to Alternative Dispute Resolution. You and iRacing agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or iRacing’s intellectual property rights; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for injunctive relief.
22.4 Restrictions. You and iRacing agree that any arbitration will be limited to the Dispute between iRacing and you individually. To the full extent permitted by law, (a) no arbitration will be joined with any other; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
22.5 Location. If you are a resident of the United States, any arbitration will take place at any reasonable location within the United States convenient for you. If you reside outside the United States, any arbitration will be initiated in Boston, Massachusetts, USA. You and iRacing agree that for any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, the Massachusetts state and Federal courts located in Boston, Massachusetts, USA have exclusive jurisdiction and you and iRacing agree to submit to the personal jurisdiction of such courts.
22.6 Governing Law. Except as expressly provided otherwise, this Agreement will be is governed by, and will be construed under, the laws of the USA and the Commonwealth of Massachusetts, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
22.7 Severability. You and iRacing agree that if any portion of this Section 21 is found illegal or unenforceable (except any portion of Section 21.3), that portion will be severed and the remainder of the section will be given full force and effect. If Section 21.3 is found to be illegal or unenforceable, neither you nor iRacing will elect to arbitrate any Dispute falling within that portion of Section 21.3 found to be illegal or unenforceable and such
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Dispute will be decided by a court of competent jurisdiction within Boston, Massachusetts, USA, and you and iRacing agree to submit to the personal jurisdiction of that court.
23. Miscellaneous
Pursuant to 47 U.S.C. § 230(d) as amended, iRacing hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying providers of such protection is available at the following links:
http://staysafeonline.org/stay-safe-online/ https://www.consumer.ftc.gov/features/feature-0038-onguardonline
Please note that iRacing.com is not affiliated with the above listed sites, nor is the above intended as an endorsement of any of the products or services listed on such sites.
If any provision of this Agreement is unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions. This Agreement (including the Privacy Policy and Sporting Code, which are incorporated into and a part of this Agreement) is the complete and exclusive statement of the agreement between you and iRacing concerning its subject matter, and this Agreement supersedes any prior or contemporaneous agreement, either oral or written, and any other communications with regard thereto between you and iRacing. This Agreement may only be modified as set forth herein. The section headings used herein are for reference only and will not be read to have any legal effect. Whenever used in this Agreement, the word “including” will be deemed to mean “including, without limitation.”
24. Sony Specific Terms
Solely to the extent you accessed the Service through Sony’s PlayStation Network or PlayStation console (collectively “PSN”), this Section 24 shall apply. You acknowledge and agree that this Agreement is between you and iRacing and not between you and any Sony entity. As between iRacing and Sony, iRacing is solely responsible for the Service. You acknowledge and agree that your right and license to use any Service accessed through PSN is limited to use on a Sony system that you own or control. Sony is a third-party beneficiary of this Agreement. “Sony” means Sony Computer Entertainment Europe Ltd.
25. Microsoft Specific Terms
Solely to the extent you accessed the Service through Microsoft’s Xbox console, this Section 25 shall apply. You acknowledge that Microsoft has no obligation under this Agreement to provide support or other services with respect to the Service. “Microsoft” means Microsoft Corporation.
26. Terms for App Store Apps
If you accessed or downloaded the App from the Apple Inc. (“Apple”) Store, you agree to use the App only: (1) on an Apple-branded product or device that runs iOS (Apple’s proprietary operating system software) that you own or control; and (2) as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service as of the effective date of this Agreement. You must comply with applicable third-party terms of agreements when using the App. In the event of any conflict between (a) this Agreement and (b) the Apple Media Services Terms and Conditions or the Apple Volume Content Terms (in each case to the extent applicable), the Apple Media Services Terms and Conditions or the Apple Volume Content Terms (as applicable) shall govern.
If you accessed or downloaded the App from any app store or distribution platform (like the Apple Store or Google Play) (each, an “App Provider”), then you acknowledge and agree that:
26.1 This Agreement is between you and iRacing, and not with App Provider, and that, as between iRacing and the App Provider, iRacing is solely responsible for the App.
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26.2 The App Provider has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
26.3 To the extent you accessed or downloaded the App from the Apple Store, in the event of any failure of the App to conform to any applicable warranty, you may notify Apple and Apple will refund to you any purchase price you paid for the App (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Subject to Section 13 and Section 14, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the App to conform to any warranty will be the sole responsibility of iRacing.
26.4 Subject to Section 13 and Section 14, as between Apple and iRacing, iRacing, and not Apple, is responsible for addressing any claims you or any third party may have relating to the App or your possession and use of the App, including, but not limited to: (1) product liability claims; (2) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
26.5 In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, as between Apple and iRacing, iRacing will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim solely to the extent required by this Agreement.
26.6 To the extent you accessed or downloaded the App from the Apple Store, Apple and its subsidiaries are third-party beneficiaries of this Agreement as related to your license of the App, and, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App against you as a third party beneficiary thereof.
26.7 You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the App you represent and warrant that: (1) you are not located in a region that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” region; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF USE AGREEMENT AND AGREE THAT MY USE OF THE SERVICE, THE SIM, AND/OR THE ONLINE APPLICATION (AND/OR MY REGISTRATION OF ANOTHER PERSON TO USE THE SERVICE, THE SIM, AND/OR THE ONLINE APPLICATION) IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS TERMS OF USE AND END USER LICENSE AGREEMENT.
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新しいプライバシーポリシー

Updated [2022 August 24] (“Effective Date”)
iRACING PRIVACY POLICY
Welcome to iRacing.com! iRacing.com values your privacy.
iRacing.com understands that you may wish to know how we collect and use information about users of the Service (as defined below). Toward this end, this Privacy Policy generally describes our practices with respect to the collection, use and maintenance of user information. Specifically, this Privacy Policy relates to information collected by iRacing.com Motorsport Simulations, LLC (along with each of iRacing.com Motorsport Simulations, LLC’s Corporate Affiliates (as defined below), collectively, “iRacing.com” or “we” or “us” or “our”) through your use of: the iRacing.com motorsport simulation experience (the “Sim”); the Service; and the following websites: https://www.iracing.com/, https://orontesgames.com/, http://mgiracing.com/, https://www.tonystewartgame.com/, https://worldofoutlawsgame.com/, and any subdomains of any of the foregoing websites, and together with associated and successor websites, applications, features, and information, or any part of any of the foregoing websites (collectively, the “Site”).
The Sim includes three components:
(a) iRacing.com’s proprietary iRacing.com online application currently found at https://www.iracing.com/,and any subdomains thereof and the applications, features, and information available thereon, along with associated and successor websites, applications, features, and information, or any part thereof (collectively, the “Online Application”), (b) the client software program for the Online Application (including any “patches,” updates, or the like supplied to you by iRacing.com) along with any accompanying materials or documentation, and all copies and derivative works of the foregoing (collectively, the “Sim Client”), and (c) additional content that is not part of the Sim Client, including additional tracks and cars (collectively, the “Content”). This Privacy Policy is incorporated into, and part of, and governed by the iRacing.com Motorsport Simulation Experience Terms of Use and End User License Agreement (available at https://www.iracing.com/terms-use-eula/, the “iRacing.com Terms of Use”).
In addition to the Sim and the Site, this Privacy Policy also applies to any mobile application we offer (each, an “App”) and any other games we may offer (the “Games”, and collectively with the Site, the Sim, and any Apps, the “Service”). As used herein, “you” and “your” mean a user of the Service and in addition, when the user of the Service is a minor (not under the age of 13) registered by a parent and/or guardian, the terms “you” and “your” also include such parent and/or guardian. As used in this Privacy Policy (a) “GDPR” means the General Data Protection Regulation (EU) 2016/679; (b) “UK Data Protection Laws” means data protection laws enacted under the Data Protection, Privacy and Electronic Communications (Amendments etc.) (EU Exit) Regulations 2019 (“UK GDPR”) and the UK Data Protection Act 2018 (“UK DPA 2018”); and (c) “European Data Protection Laws” means the GDPR and/or UK Data Protection Laws, in each case to the extent applicable.
As of the Effective Date, iRacing.com Motorsport Simulations, LLC’s Corporate Affiliates include:
iRacing MN Holding, LLC (DBA Monster Games) 300 Apollo Drive
Chelmsford, MA 01824
iRacing ARG Holding, LLC (DBA Orontes Games) 300 Apollo Drive
Chelmsford, MA 01824
You should carefully read this Privacy Policy. By using the Service or permitting your child to use the Service, you are signifying your acceptance of this Privacy Policy. If you do not agree to this Privacy Policy, you may not use the Service and you may not register your child to use the Service.
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To the extent that the Service is available to individuals located in the European Economic Area or the United Kingdom, or to the extent we process your personally identifiable information in the context of the activities of an establishment in the European Economic Area or United Kingdom, this Privacy Policy sets out our practices and obligations under the European Data Protection Laws.
As used in this Privacy Policy, the terms “using” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.
This Privacy Policy serves to notify you of the following:
1. What information about me is collected?
2. Where and when is information collected (including through the use of cookies and action tags)?
3. Is information submitted to the public areas of the Service private?
4. Does iRacing.com collect information from children under 13 years of age?
5. Will other users of the Sim have access to my information?
6. What does iRacing.com do with the information it collects?
7. When does iRacing.com disclose information to third parties?
8. Does this Privacy Policy apply when I link to other websites or services?
9. Is the information collected through the Service secure?
10. Could my information be transferred to other countries?
11. For how long will my personally identifiable information be kept?
12. What choices do I have regarding my personally identifiable information?
13. How will I know if there are any changes to this Privacy Policy?
14. Whom do I contact if I have any privacy questions?
15. Special Notice for California Residents.
1. What information about me is collected?
Depending on your use of the Service, we may collect two types of information: personally identifiable information and non-personally identifiable information.
Personally Identifiable Information
Personally identifiable information is information that identifies you or can be used to identify or contact you. Such information may include your name, address, email address, telephone number, Internet Protocol address, CPU serial number, hard drive information, support ticket information, console-specific online ID, Steam ID/user name, Steam profile picture, gamer tag, App user preferences (e.g. language, dark mode, time zone, purchased content, favorites, etc.), customer/user ID, username, avatar, gender, age, profession, date of birth, current location, records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies, racing statistics (including license level, skill level, and safety rating), and information relating to social media presence of iRacing.com users. Additionally, our Outside Contractor (as defined below) that is responsible for billing and payment processing services (the “Payment Services Provider”) may collect your billing and credit card information from you directly. Personally identifiable information amounts to ‘personal data’ for the purposes of and as defined in the European Data Protection Laws. All references to personally identifiable information shall be deemed to include ‘personal data’ as defined and used in the European Data Protection Laws (to the extent applicable).
In particular, we would like you to be aware that the Sim uses algorithms to construct profiles about individual users and therefore we may use the personally identifiable information described above so that an evaluation can
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be made about your behavior and performance (among other things) in the form of racing statistics (including license level, skill level, and safety rating). Under the European Data Protection Laws (to the extent applicable), this usage may be considered profiling. The European Data Protection Laws define "profiling" as "any form of automated processing of personally identifiable information consisting of the use of personally identifiable information to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements". To the extent iRacing.com's processing constitutes profiling under the European Data Protection Laws (to the extent applicable), you have the right to specifically object to the processing of your personally identifiable information for the purpose of profiling in accordance with Section 12 below. To learn more, please reach out to support@iracing.com.
Non-Personally Identifiable Information
Non-personally identifiable information is information, any single item of which, by itself, cannot be used to identify or contact you, including non-identifiable demographic information, browsing history, search history, information on your interaction with a website, application, or advertisement, browser types, unique device identifiers, device types, requested URL, referring URL, browser language, the pages you view, the date and time of your visit, domain names, and statistical data involving the use of the Service. Certain non-personally identifiable information may be considered a part of your personally identifiable information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified. However, the same pieces of information are considered non-personally identifiable information when they are taken alone or combined only with other non-personally identifiable information (for example, your viewing preferences) in a way that would not enable you to be identified.
2. Where and when is information collected (including through the use of cookies and action tags)?
We will collect personally identifiable information that you submit to us. We may also receive personally identifiable information about you from third parties, including third parties providing credit and debit card authorization and fraud screening services as part of your use of the Sim, as well as analytics service providers and, with respect to the Service, video game digital distribution service providers. Additionally, if you are a Sim user, we may receive your email address from another user if you refer such other user to us.
Registering to Use the Service and in the Course of Using the Service
You may be required to establish an account in order to take advantage of certain features of the Service. If so, if you wish to establish an account you will be required to provide us with information (including personally identifiable information and non-personally identifiable information) such as name, postal address, email address, birth date and including credit card and billing information directly to the Payment Services Provider. We may also receive personally identifiable information about you from third parties providing credit and debit card authorization and fraud screening services as part of the registration process. In addition, we may obtain your personally identifiable information from you if you identify yourself to us by communicating with us, including through any of our Apps or by sending us an email with questions or comments. Also, we will have access to any personally identifiable information that you choose to share through the Service (such as your name, which will not only be available to us but will be displayed to other users of the Sim).
Cookies and Action Tags
We may collect information passively using “cookies” and “action tags.”
“Cookies” are small text files that can be placed on your computer or mobile device in order to identify your web browser and the activities of your computer on the Service and other websites. Cookies can be used to personalize your experience on the Service (such as dynamically generating content on webpages specifically designed for you), to assist you in using the Service (such as saving time by not having to reenter your name each time you use the Service), and to allow us to statistically monitor how you are using the Service, to help us improve our offerings and to target certain advertisements to your browser which may be of interest to you or to determine the popularity of certain content. We may place cookies on your computer or mobile device when you use the Service and when you visit the websites of our commercial partners.
In addition to cookies that we may place on your computer or mobile device, cookies might also be placed on 4853-0041-5997, v. 52 3

your computer or mobile device by third parties that we use to display or serve advertisements or to collect non-personally identifiable information in order to provide advertising-related services as well as by third parties providing analytical and other services related to the Service. In the course of providing services and serving advertisements, such third parties could place or recognize unique cookies on your browser.
Depending on your use of the Service, cookies may be required to use the Service. Although most browsers are initially set to accept cookies, you may reset your browser to notify you when you receive a cookie or to reject cookies generally. Most browsers offer instructions on how to do so in the “Help” section of the toolbar. However, if you reject cookies, the Service will not work properly or at all and you may experience some loss of convenience.
“Action tags,” also known as web beacons or gif tags, are a web technology used to help track website usage information, such as how many times a specific page has been viewed. Action tags are invisible to you, and any portion of the Service, including advertisements, or email sent on our behalf, may contain action tags.
By using cookies and action tags together, we can gain valuable information to improve the Service and measure the effectiveness of our advertising and marketing campaigns. Information collected from some cookies placed on the Service (including cookies placed by third-party vendors, such as Google and its partners) is used to deliver advertisements to iRacing.com Service users when such users are visiting other websites, including Facebook, YouTube, Twitter, and Instagram. You may opt out of a third-party vendor's use of cookies for personalized advertising by visiting https://youradchoices.com.
Finally, you should be aware that advertisers and other third parties may use their own cookies or action tags when you click on their advertisement or a link to their websites or services on or from the Service. This Privacy Policy does not govern the use of cookies or action tags or the use of your information by such third-party websites or services or providers of third-party advertising. For the avoidance of doubt, the Service may use third-party service platforms (including to help analyze how users use the Service). These third-party service platforms may place cookies on your computer or mobile device. Additionally, certain of our commercial partners may place cookies on your computer or mobile device in order to understand how you interact with the Service, as well as such commercial partners' services or content. If you would like to disable "third party" cookies, you may be able to turn them off by going to the third party's website.
Here are URLs to the main third parties who may place cookies through the Service:
https://www.google.com/policies/privacy/ https://www.nascar.com/privacy-statement https://www.nextroll.com/privacy
Log Files
We also collect information through our Internet log files, which record data such as user IP addresses, browser types, domain names, and other anonymous statistical data involving the use of the Service. This information may be used to analyze trends, to administer the Service, to monitor the use of the Service, and to gather general demographic information. We may link this information to personally identifiable information for these and other purposes such as personalizing your experience on the Service and evaluating the Service in general.
3. Is information submitted to the public areas of the Service private?
No. Any information shared in the Public Areas (as defined below) of the Service is available to the public, including to all users. Such information is not protected or treated as confidential, can be used in any manner, and is not subject to this Privacy Policy. Without limiting the generality of the foregoing, any photographs you submit to the Public Areas may contain the geographical coordinates of where such photographs were taken; unless you disable the geographical coordinate tagging feature on the smart phone or camera used to capture any such photograph, such geographical coordinates may be available to the public, including to all users. Additionally, a user’s name, avatar, and personal stats page (including years of membership and original membership date), as well as racing statistics, including license level, skill level, and safety rating, are available to the public, including to all users, and are part of the Public Areas (as defined below). If you wish to keep any information private or proprietary, do not submit it to the Public Areas of the Service. NOTWITHSTANDING THE FOREGOING, WE HAVE NO RESPONSIBILITY OR LIABILITY IF A USER’S INFORMATION OR IDENTITY IS MISUSED OR
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STOLEN, OR IF A USER SUFFERS HARM AS A RESULT OF VOLUNTARY DISCLOSURES.
4. Does iRacing.com collect information from children under 13 years of age?
We are committed to protecting the privacy of children. The Service is not designed for or directed to children under the age of 13. We do not collect personally identifiable information from any person we actually know is under the age of 13. In order to register for, or to use, the Service, you must be an adult according to the laws of the jurisdiction (i.e., state or country, as the case may be) in which you reside. If you are not an adult, if you wish to use the Service you must have a parent or guardian enroll to use the Service on your behalf. If you authorize a minor child (not under the age of 13) for whom you are a parent or guardian to use the account you create to use the Service, you should not provide us with any personally identifiable information about such child. Any parent or guardian permitting their child (not under the age of 13) to use the Service should provide only personally identifiable information of the parent or guardian.
Notwithstanding the foregoing or anything to the contrary in iRacing.com Terms of Use or this Privacy Policy, you hereby acknowledge and consent that, if the information of any user of the Service who is a minor (not under the age of 13) (a “Minor User”) is submitted or collected in connection with such Minor User’s use of the Service (including through a requested account name change or otherwise), and including without limitation such Minor User’s name, photograph, audio/visual recording, and other information described in this Privacy Policy, all such information may be used and processed by iRacing.com and its parent, subsidiaries, and affiliates, and its and their successors, assigns representatives and licensees (collectively, the “Promoters”) in accordance with the terms of the iRacing.com Terms of Use and this Privacy Policy. Without limitation of the foregoing, you hereby expressly grant consent to the Promoters to: (a) process and disclose such Minor User’s and/or your information and photographic or videotaped images and recordings of such Minor User with or without such Minor User’s voice (“Likenesses”) in accordance with this Privacy Policy; (b) transfer such Minor User’s and/or your information and Likenesses throughout the world, including to the United States or other countries that do not ensure adequate protection for personally identifiable information (as determined by the European Commission); and (c) disclose such Minor User’s and/or your information and Likenesses to comply with lawful requests by public authorities, including to meet national security or law enforcement requirements.
5. Will other users of the Sim have access to my information?
In order to discourage misuse of the Sim, except in extraordinary circumstances as agreed to by iRacing.com in its sole discretion, all users of the Sim will be identified to other users of the Sim by their real names (or variations of their names, such as their names followed by a numeral), not by user names, aliases or other similar devices. By using the Sim, or registering a minor (not under the age of 13) to use the Sim, you consent to the display of your real name to other members. This includes display of your real name in connection with disciplinary actions taken against you, as further described in the iRacing.com Official Sporting Code. Additionally, when posting race results, we may include certain geographical information about the listed users, such as what countries, states, provinces and/or cities the users are located in. With this information, other users of the Sim could use publicly available resources to discover additional personally identifiable information about you, such as your address and phone number.
6. What does iRacing.com do with the information it collects?
We will only use your personally identifiable information to the extent that the law allows us to do so. Pursuant to the European Data Protection Laws we rely on the following legal bases for processing your personally identifiable information:
(a) where you have given consent to the processing, which consent may be withdrawn at any time without affecting the lawfulness of processing based on consent prior to withdrawal;
(b) where it is necessary to perform the contract we have entered into or are about to enter into with you (whether in relation to the provision of the Service or otherwise);
(c) where it is necessary for us to comply with a legal obligation to which we are subject; and/or
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(d) where it is necessary for the purposes of our legitimate interests (or those of a third party) in providing or marketing the Service and your interests or fundamental rights and freedoms do not override those legitimate interests.
We use the information collected through the Service to provide the Service to you and process your transactions, to help us understand who uses the Service, to send you in-Service or in-App notifications, for internal operations such as operating and improving the Service, to contact you for customer service and billing purposes, to facilitate the delivery of advertising, and, so that we (and certain third parties acting on behalf of iRacing.com) can contact you (by email unless you “opt out” (to the extent permitted by applicable law) and/or by text message if you “opt in”) about iRacing.com products and services that may be of interest to you. We may link or combine your information with other information we get from third parties to help understand your needs and provide you with better service.
We may use your information to send you a welcoming email that may confirm your user name and password. We (and certain third parties acting on behalf of iRacing.com) may (by email unless you “opt out” (to the extent permitted by applicable law) and/or by text message if you “opt in”) subsequently send you electronic newsletters, contact you about the Service, products, services, information, and news that may be of interest to you, provide you with marketing materials, and provide you with targeted feedback. If you no longer desire to receive these communications, we will provide you with the option to change your preferences in each communication we send to you. You may also inform us by email to: support@iracing.com.
If you identify yourself to us by sending us an email with questions or comments, we may use your information (including personally identifiable information) to respond to your questions or comments, and we may file your questions or comments (with your information) for future reference.
We may also use the information collected to send announcements and updates regarding the Service or, if applicable, about your billing account status. You will not be able to unsubscribe from these Service announcements and updates as they contain important information relevant to your use of the Service and are necessary for the performance of our contract with you.
We may also use the information gathered to perform statistical analysis of user behavior or to evaluate and improve the Service. We may link some of this information to personally identifiable information for internal purposes or to improve your experience with the Service.
7. When does iRacing.com disclose information to third parties?
We generally disclose information we gather from you through the Service to the following types of third parties and as otherwise set forth in this Privacy Policy or the iRacing.com Terms of Use or as specifically authorized by you.
Racing Partners
In the event that you are being considered for membership on a Team, or if you are a member of a Team, we may disclose personally identifiable and non-personally identifiable information about you to Racing Partners. “Racing Partner” means any third party that contracts with iRacing.com to compose a team (“Team”) consisting of elite/professional/world championship level drivers to race in competitions on the Sim; (ii) that contracts with iRacing.com to sponsor a racing series; or (iii) with whom iRacing.com partners to provide a racing series.
Laws and Legal Rights
We may disclose your information (including personally identifiable information) if we believe in good faith that we are required to do so in order to comply with an applicable statute, regulation, rule or law, a subpoena, a search warrant, a court or regulatory order, lawful requests by public authorities, including to meet national security or law enforcement requirements, or other valid legal process. We may disclose personally identifiable information in special circumstances when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating the iRacing.com Terms of Use and End User License Agreement or another contract with us, to detect fraud, for assistance with a delinquent account, or to protect the safety and/or security of our users, the Service, or the general public.
Third Parties Generally
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We may provide to third parties non-personally identifiable information, including where such information is combined with similar information of other users of the Service. For example, we might inform third parties regarding the number of unique users who use the Service, the demographic breakdown of the users of the Service, or the products and/or services purchased using the Service and the vendors of such products and services. In addition, when you use the Service, third parties (including without limitation third-party advertisers, third-party analytics service providers, app stores or distribution platforms, and commercial partners) may directly collect personally identifiable and non-personally identifiable information about your online activities over time and across different websites. The third parties to which we may provide non-personally identifiable information and the third parties who may independently directly collect personally identifiable and non-personally identifiable information may include analytics service providers, potential or actual advertisers, providers of advertising products or services (including vendors and website tracking services), merchants, affiliates and other actual or potential commercial partners, app stores or distribution platforms, sponsors, licensees, researchers and other similar parties. Please note in particular that the Service uses Google Analytics, including its data reporting features and Google Analytics Advertising Features. Information collected by Google Analytics includes but is not limited to web metrics, geographic region, IP address, browser, operating system, ISP, device type, time on site, and “site access from” information. For information on how Google Analytics collects and processes data, please see the site “How Google uses data when you use our partners' sites or apps”, currently located at https://policies.google.com/technologies/partner-sites/. For information on opting out of Google Analytics, we encourage you to visit Google’s website, including its list of currently available opt-out options presently located at https://tools.google.com/dlpage/gaoptout.
EasyAntiCheat
iRacing.com is using EasyAntiCheat anti-cheat service (“EasyAntiCheat”), which is operated by Kamu Ltd, a third-party service provider offering services to iRacing.com. When you are using the Sim, EasyAntiCheat is monitoring your account, analyzing the race binaries and scanning the memory of the Sim for the purpose of detecting and preventing cheating in the Sim (“Purpose”). For the Purpose EasyAntiCheat is storing information regarding cheating methods used in the Sim (“EasyAntiCheat Data”). By installing, copying, or otherwise using the Sim, you give your consent that EasyAntiCheat may gather, store and publish EasyAntiCheat Data for the Purpose. There are three instances in which your specific data may be stored and processed by EasyAntiCheat: (1) EasyAntiCheat Data sent from your computer is determined to be abnormal and then retained; (2) Abnormal unknown patterns in your EasyAntiCheat Data are found, stored, and manually analyzed; patterns proven not to repeat and/or not to be a cheat, are discarded within three months; (3) If a known cheat pattern is found, that piece of memory is stored indefinitely as evidence. EasyAntiCheat only handles data relevant to the identification of cheats and does not store any other data. The EasyAntiCheat Data will be used by EasyAntiCheat solely for the Purpose, including but not limited to identifying and banning players who are cheating in computer games, analyzing cheating behavior and cheating codes as well as sharing data about cheats with affiliates of EasyAntiCheat. EasyAntiCheat may share race specific and/or user specific data with third parties when third parties request a ban status, the disclosure of which includes ban reason, ban time, and game server on which the cheating occurred. To learn more about the services provided by EasyAntiCheat and their information privacy policies, visit this URL: https://www.epicgames.com/site/en-US/privacypolicy.
Professional Advisors
We may provide your information to professional advisors, such as lawyers, auditors, bankers and insurers, where necessary in the course of the professional services that they render to us.
Outside Contractors
We may employ independent contractors, vendors and suppliers (collectively, “Outside Contractors”) to provide specific services and products related to the Service, such as hosting and maintaining the Service, providing credit card processing and fraud screening, including the Payment Services Provider, and developing applications for the Service. In the course of providing products or services to us, these Outside Contractors may have access to information collected through the Service, including your personally identifiable information.
Sale of Business
We reserve the right to transfer information to a third party in connection with a sale, merger or other transfer of all or substantially all of the assets of iRacing.com or any of its Corporate Affiliates (as defined herein), or that
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portion of iRacing.com or any of its Corporate Affiliates to which the Service relates, or in connection with a strategic investment by a third party in iRacing.com, or in the event that we discontinue our business or file a petition or have filed against us a petition in bankruptcy, reorganization or similar proceeding.
Affiliates
We may disclose information (including personally identifiable information) about you to our Corporate Affiliates. For purposes of this Privacy Policy: “Corporate Affiliates” means any person or entity which directly or indirectly controls, is controlled by or is under common control with iRacing.com, whether by ownership or otherwise; and “control” means possessing, directly or indirectly, the power to direct or cause the direction of the management, policies or operations of an entity, whether through ownership of fifty percent (50%) or more of the voting securities, by contract or otherwise.
Public Areas
The Service features various community areas and other public forums (such as users' personal stats pages, member forums, message boards, blogs, leader boards, and public message areas, including the iRacing World area) (the “Public Areas”) where Service users with similar interests can share information. These Public Areas are open to the public and should not be considered private. We cannot prevent such information from being used in a manner that may violate this Privacy Policy, the law, or your personal privacy. We are not responsible for the results of such postings or for the accuracy of any information contained in those postings.
Any information you share in a Public Area (including personally identifiable information) is by design open to the public and is not private. You should think carefully before posting any information in any Public Area. What you post can be seen, disclosed to or collected by others and may be used by others in ways we cannot control or predict. As with any public forum on any website, the information you post may also show up in third-party search engines like Google, Yahoo, MSN, and Bing. If you mistakenly post personally identifiable information in a Public Area you can send us an email to request that we remove it by contacting us at support@iracing.com. You should understand that in some cases, we may not be able to remove your personal information.
Finally, a user’s name, console-specific online ID, Steam ID/user name, gamer tag, avatar, and personal stats page (including years of membership and date or original membership), as well as racing statistics, including license level, skill level, and safety rating, may be available to the public, including to all users, and may be part of the Public Areas.
8. Does this Privacy Policy apply when I link to other websites or services?
The Service may provide you with access to other websites and services. This may include providing you with the opportunity to purchase (or to obtain more information regarding) certain content, products or services that are sold by parties other than us and with the ability to automatically post updates on Facebook and Twitter and other social media outlets. Please be aware that we are not responsible for the privacy practices of any websites or services other than the Service. A link to a third-party website does not constitute or imply endorsement by us. Additionally, we cannot guarantee the quality or accuracy of information presented on those websites. We encourage you to read the privacy policies or statements of each and every such website and service. This Privacy Policy applies solely to information collected by us through the Service.
9. Is the information collected through the Service secure?
We want your information (including personally identifiable information) to remain secure. We strive to provide transmission of your information from your computer or mobile device to our servers through techniques that are consistent with commercially reasonable standards and employ administrative, physical, and electronic measures designed to protect your information from unauthorized access. We use Secured Socket Layer (SSL) encryption technology in transmitting such personally identifiable information over the Internet to our servers. Notwithstanding the above, you should be aware that there is always some risk involved in transmitting information over the Internet. There is also some risk that others could find a way to thwart our security systems. As a result, while we strive to protect your information, we cannot ensure or warrant the security or privacy of any information you transmit to us, and you do so at your own risk.
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10. Could my information be transferred to other countries?
Personally identifiable information collected on the Service may be transferred from time to time to our offices or personnel, or to third parties, located throughout the world, and the Service may be viewed and hosted anywhere in the world, including countries that may not have laws of general applicability regulating the use and transfer of such information. By using the Service and submitting information on or through the Service, you voluntarily consent to the trans-border transfer and hosting of such information. Without limitation of the foregoing, you hereby expressly grant consent to the Promoters to: (a) process and disclose such information in accordance with this Privacy Policy; (b) transfer such information throughout the world, including to the United States or other countries that do not ensure adequate protection for personally identifiable information (as determined by the European Commission or the UK Information Commissioner’s Office, as applicable, each, an "Inadequate Jurisdiction") and/or countries that may not have laws of general applicability regulating the use and transfer of such information; and (c) disclose such information to comply with lawful requests by public authorities, including to meet national security or law enforcement requirements. To the extent required by applicable law: whenever we transfer your personal data (as defined in the European Data Protection Laws) to third parties (as described in this Privacy Policy) located in an Inadequate Jurisdiction, we ensure a similar degree of protection is afforded to it; we may use specific contracts approved by the European Commission or the UK Information Commissioner’s Office, as applicable, which give personal data the same protection it has in the European Economic Area under the European Data Protection Laws; and if we rely on another basis to transfer your personal data to an Inadequate Jurisdiction, we will keep you updated or contact you if required. Please contact us if you want further information on the specific mechanisms used by us when transferring your personal data to an Inadequate Jurisdiction. If you are a user accessing the Service from a jurisdiction with laws or regulations governing personal data collection, use, and disclosure that differ from those of the United States, please be advised that all aspects of the Service are governed by the internal laws of the United States and the Commonwealth of Massachusetts, USA, regardless of your location.
11. For how long will my personally identifiable information be kept?
We will only retain your personally identifiable information for as long as necessary to fulfill the purposes for which we collected it.
To determine the appropriate retention period for personally identifiable information, we consider the amount, nature, and sensitivity of that information, the potential risk of harm from unauthorized use or disclosure, the purposes for which we process your personally identifiable information and whether we can achieve those purposes through other means, and the applicable legal requirements.
12. What choices do I have regarding my personally identifiable information?
We generally use personally identifiable information for the purposes described above or as authorized by you or as otherwise disclosed at the time we request such information from you. You must “opt in” and give us permission to use your personally identifiable information for any other purpose. You may also change your preference and “opt-out” of receiving certain marketing communications from us by following the directions provided in association with the communication, or by contacting support@iracing.com.
Under certain circumstances and in compliance with the European Data Protection Laws, you may have the right to:
Request access to your personally identifiable information (commonly known as a ‘subject access request’). This enables you to receive a copy of the personally identifiable information we hold about you and to check that we are lawfully processing it;
Request correction of the personally identifiable information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected;
Request erasure of your personally identifiable information. This enables you to ask us to delete or remove your personally identifiable information where there is no good reason for us to continue processing it. You also have
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the right to ask us to delete or remove all of your personally identifiable information in certain circumstances;
Object to processing of your personally identifiable information where we are relying on a legitimate interest (or that of a third party) and there is something about your particular situation which makes you want to object to processing on this ground;
Request the restriction of processing of your personally identifiable information. This enables you to ask us to suspend the processing of your personally identifiable information, for example if you want us to establish its accuracy or the reason for processing it;
Request the transfer of your personally identifiable information to another party; and
Lodge a complaint with the relevant supervisory authority (as defined in the European Data Protection Laws). If you have any complaints about the way we process your personally identifiable information please do contact us. Alternatively you may lodge a complaint with the supervisory authority which is established in your country.
If you want to review, verify, correct or request erasure of your personally identifiable information, object to the processing of your personally identifiable information, or request that we transfer a copy of your personally identifiable information to another party, please contact support@iracing.com.
Such updates, corrections, changes and deletions will not have an effect on other information that we maintain, or information that we have provided to third parties in accordance with this Privacy Policy prior to such update, correction, change or deletion. To protect your privacy and security, we may take reasonable steps (such as requesting a unique password) to verify your identity before making corrections. You are responsible for maintaining the secrecy of your unique password and account information at all times.
You should be aware that it may not be technologically possible to remove each and every record of the information you have provided to us from our system. The need to back-up our systems to protect information from inadvertent loss means that a copy of your personally identifiable information may exist in a non-erasable form that will be difficult or impossible for us to locate. After receiving your request, we will use commercially reasonable efforts to update, correct, change or delete, as appropriate, all personally identifiable information stored in databases we actively use and other readily searchable media, as appropriate, as soon as and to the extent reasonably practicable.
Do Not Track
The term “Do Not Track” refers to a HTTP header offered by certain web browsers to request that websites refrain from tracking the user. We take no action in response to automated Do Not Track requests. However, if you wish to stop such tracking, please contact us with your request, using our contact details provided below.
13. How will I know if there are any changes to this Privacy Policy?
We may revise this Privacy Policy from time to time. We will not make changes that result in significant additional uses or disclosures of your personally identifiable information without allowing you to “opt in” to such changes. We may also make non-significant changes to this Privacy Policy that generally will not significantly affect our use of your personally identifiable information, for which your opt-in is not required. Notification of material changes will be made in accordance with the iRacing.com Terms of Use and End User License Agreement. We encourage you to check this page periodically for any changes. If any non-significant changes to this Privacy Policy are unacceptable to you, you must immediately contact us and, until the issue is resolved, stop using the Service.
14. Whom do I contact if I have any privacy questions?
If you have any questions or comments about this Privacy Policy or feel that we are not abiding by the terms of this Privacy Policy, please contact our Privacy Agent in any of the following ways:
By email: support@iracing.com
By mail: Customer Care – Privacy Policy Issues iRacing.com Motorsport Simulations, LLC
300 Apollo Drive
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Chelmsford, MA 01824 By telephone: 781-541-6360
BY USING THE SERVICE, OR PERMITTING YOUR CHILD (NOT UNDER THE AGE OF 13) TO USE THE SERVICE, YOU SIGNIFY YOUR ACCEPTANCE OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, YOU SHOULD NOT USE THE SERVICE OR PERMIT YOUR CHILD TO USE THE SERVICE. CONTINUED USE OF THE SERVICE FOLLOWING THE POSTING OF CHANGES TO THIS PRIVACY POLICY THAT DO NOT SIGNIFICANTLY AFFECT THE USE OR DISCLOSURE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION MEANS THAT YOU ACCEPT THOSE CHANGES.
15. Special Notice for California Residents.
This Section 15 shall apply only to the extent that we are regulated as a business (as defined in the CCPA) under the CCPA (as defined below). This Section 15 shall apply to you only if you are a California resident.
As used in this Section 15, “sell” (including any grammatically inflected forms thereof) means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, consumer information (as defined below) to another business or a third party for monetary or other valuable consideration.
“Selling” does not include (i) disclosing consumer information to a third party at your direction, provided the third party does not sell the consumer information except in accordance with the California Consumer Privacy Act (collectively with any regulations promulgated thereunder, the “CCPA”), (ii) where you intentionally interact with a third party through the Service, provided the third party does not also sell the consumer information, (iii) using or sharing your consumer information with a service provider as necessary to perform business purposes, provided that such service provider provides its services on iRacing.com’s behalf and provided that the service provider does not further collect, sell or use the consumer information except as necessary to perform the business purpose, or (iv) transfers of your consumer information to a third party as an asset that is part of a merger, acquisition, bankruptcy, or other transaction in which the third party assumes control of all or part of iRacing.com, provided that information is used or shared consistently with the CCPA.
Where noted in this Privacy Policy, until the applicable date specified in the CCPA, the CCPA exempts consumer information reflecting a written or verbal business-to-business communication ("B2B consumer information") from some its requirements, provided that such exemptions shall not apply from and after such date specified by the CCPA.
15.1 Consumer Information Collected: We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with particular California residents, devices or households ("consumer information"). Consumer information does not include deidentified or aggregated information, publicly available information from government records, or any other information that is excepted from the definition of "personal information" under the CCPA, or any information that is otherwise not regulated by the CCPA. In particular, with respect to the activities covered by this Privacy Policy, we have collected the following categories of consumer information from California residents, households or devices within the last twelve (12) months:
Category
Examples
Business or commercial purposes for which we collect and use consumer information
Categories of third parties to whom we have disclosed consumer information for a business or commercial purpose in the preceding twelve (12) months
A. Identifiers.
Name, address, telephone number, email address, Internet Protocol address,
Provision, improvement, and promotion of the Service; tax or business
Racing Partners, Third Parties Generally, EasyAntiCheat, and
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console-specific online ID, Steam ID/user name, Steam profile picture, gamer tag, App user preferences (e.g. language, dark mode, time zone, purchased content, favorites, etc.), customer/user ID, username, avatar, profession, date of birth, current location, personal stats page (including years of membership and date of original membership), and device identifiable information, such as CPU serial number and hard drive information (and any other identifiers to the extent included in a Public Area).
operational purposes.
Outside Contractors, each as described in Section 7.
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
Name, address, telephone number, and credit card information (collected directly by the Payment Services Provider) (and any other Personal information categories listed in the California Customer Records statute to the extent included in a Public Area).
Provision of the Service; tax or business operational purposes.
Outside Contractors, as described in Section 7.
C. Protected classification characteristics under California or federal law.
Gender, age, and any protected classification characteristics under California or federal law to the extent included in a Public Area.
Provision, improvement, and promotion of the Service; tax or business operational purposes.
Outside Contractors, as described in Section 7.
D. Commercial information.
Records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies, support ticket information (and any other commercial information to the extent included in a Public Area).
Provision, improvement, and promotion of the Service; tax or business operational purposes.
Third Parties Generally and Outside Contractors, each as described in Section 7.
E. Biometric information
Any biometric information to the extent included in a
Provision, improvement, and promotion of the Service; tax or business
Outside Contractors, as described in Section 7.
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Public Area.
operational purposes.
F. Internet or other similar network activity.
Browsing history, search history, information on your interaction with a website, application, or advertisement (and any other Internet or other similar network activity information to the extent included in a Public Area).
Provision, improvement, and promotion of the Service; tax or business operational purposes.
Third Parties Generally and Outside Contractors, each as described in Section 7.
G. Geolocation data.
Any geolocation data to the extent included in a Public Area.
Provision, improvement, and promotion of the Service; tax or business operational purposes.
Outside Contractors, as described in Section 7.
H. Sensory data.
Any sensory data to the extent included in a Public Area.
Provision, improvement, and promotion of the Service; tax or business operational purposes.
Outside Contractors, as described in Section 7.
I. Professional or employment-related information.
Any professional or employment-related information to the extent included in a Public Area.
Provision, improvement, and promotion of the Service; tax or business operational purposes.
Outside Contractors, as described in Section 7.
J. Inferences drawn from other personal information.
Information relating to social media presence of iRacing.com users; racing statistics (including license level, skill level, and safety rating).
Provision, improvement, and promotion of the Service; tax or business operational purposes.
Third Parties Generally and Outside Contractors, each as described in Section 7.
15.2 Use of Consumer Information; Categories of Sources: We use consumer information for the business or commercial purposes described in the table above and in the manner described in Sections 2, 3, and 6 of this Privacy Policy with respect to personally identifiable information. Regarding the categories of sources from which consumer information is collected, we collect consumer information that you submit to us. We may also receive consumer information about you from third parties, including third parties providing credit and debit card authorization and fraud screening services as part of your use of the Sim, as well as analytics service providers and, with respect to the Service, video game digital distribution service providers. Additionally, if you are a Sim user, we may receive your email address from another user if you refer such other user to us.
15.3 Disclosures of Consumer Information for a Business or Commercial Purpose: iRacing.com may disclose your consumer information described in the table above to a third party for a business or commercial purpose, as described in the table above and in Sections 3 and 7 of this Privacy Policy with respect to personally identifiable information. In the preceding twelve (12) months, iRacing.com has disclosed the categories of consumer information described in the table above for a business or commercial purpose to the categories of third parties described in the table above. Further, any information posted to the Public Areas in the preceding twelve (12) months has been publicly available as described in Section 3.
15.4 Sales of Consumer Information: In the preceding twelve (12) months, iRacing.com has not sold, nor does it or will it sell, consumer information.
15.5 California Residents’ Rights and Choices: The CCPA provides California residents with specific rights regarding their consumer information. This Section 15.5 describes your CCPA rights (to the extent applicable to you) and explains how to exercise those rights.
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15.5.1 Access to Specific Information and Data Portability Rights: You may have the right to request that iRacing.com disclose certain information to you about our collection and use of your consumer information over the past 12 months. Once we receive and confirm your verifiable consumer request (in the manner described in Section 15.6 below), to the extent required by the CCPA, we will disclose to you:
15.5.1.1
15.5.1.2
15.5.1.3
15.5.1.4
15.5.1.5 request).
The categories of consumer information we collected about you.
The categories of sources for the consumer information we collected about you.
Our business or commercial purpose for collecting that consumer information.
The categories of third parties with whom we share that consumer information.
The specific pieces of consumer information we collected about you (also called a data portability
15.5.1.6
a business purpose, identifying the consumer information categories that each category of recipient obtained.
If we disclosed your consumer information for a business purpose, a list disclosing disclosures for
We will not provide the foregoing access and data portability rights for B2B consumer information prior to such date required by the CCPA.
15.5.2 Deletion Request Rights: You have the right to request that iRacing.com delete any of your consumer information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm a verifiable request from you (if you are a California resident) in the manner described in Section 15.6 below (“verifiable consumer request”), we will delete (and direct our service providers to delete) your consumer information from our records, unless an exception applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
15.5.2.1 Complete the transaction for which we collected the consumer information, provide a product or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
15.5.2.2 Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
15.5.2.3 Debug products or services to identify and repair errors that impair existing intended functionality.
15.5.2.4 Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
15.5.2.5 Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
15.5.2.6 Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
15.5.2.7 Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
15.5.2.8 Comply with a legal obligation.
15.5.2.9 Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
We will not provide the foregoing deletion rights for B2B consumer information prior to such date required by the CCPA.
15.6 Exercising Access, Data Portability, and Deletion Rights:
15.6.1 To exercise the access, data portability, and deletion rights described in Section 15.5 above, please submit a verifiable consumer request to us by either: (1) calling us at 1-800-928-1923; (2) visiting https://www.iracing.com/personally-identifiable-information-request-web-form/; or (3) contacting us in accordance with Section 14. Only you, or a person registered with the California Secretary of State that you authorize to act
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on your behalf, may make a verifiable consumer request related to your consumer information. You may also make a verifiable consumer request on behalf of your minor child. You may make a verifiable consumer request for access or data portability no more than twice within a 12-month period. The verifiable consumer request must: (i) provide sufficient information that allows us to reasonably verify you are the person about whom we collected consumer information or an authorized representative; and (ii) describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We cannot respond to your request or provide you with consumer information if we cannot verify your identity or authority to make the request and confirm the consumer information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use consumer information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request. In the event you make a request under this Section 15, we may take various approaches to verify your identity depending on the nature of your request. These approaches may include initiating video conferencing or telephone calls with you or reaching out to by email or otherwise to ask you questions pertaining to the information we have about you.
15.6.2 We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to ninety (90) days), we will inform you of the reason and extension period in writing. If you have an account with us, we may deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your consumer information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance. If your requests are manifestly unfounded or excessive, in particular because of their repetitive character, we may either charge a reasonable fee, taking into account the administrative costs of providing the information or communication or taking the action requested, or refuse to act on the request and notify you of the reason for refusing the request.
15.7 Non-Discrimination: We will not discriminate against you for exercising any of your CCPA rights, including, unless permitted by the CCPA, by:
15.7.1 Denying you goods or services.
15.7.2 Charging you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
15.7.3 Providing you a different level or quality of goods or services.
15.7.4 Suggesting that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
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