Hotlap Terms and Conditions of Use
Hotlap is a user based social network for motorsports enthusiasts to share and analyze their lap times, videos and telemetry data. To benefit all Hotlap users, we require that any use of this platform be limited to those related topics. The mobile application, web application or other forms of Hotlap's platform herein referred to as the "App".
In using the App you are deemed to have read and agreed to the following terms and conditions:
The terms "you," "your" and "yours" and refer to all users and/or any visitor to this App. The terms "Hotlap", "its" "we," "us," "our" and "App" refer to hotlap.io, its corporate entity Extravehicular Activity, Inc., and its subsidiaries and affiliates.
I. TERMS OF SERVICE
In order to use this App, you must be at least 16 years of age. We require that you provide a valid email address, and any other information needed to complete the enrollment process. Note that by signing up for this App, you acknowledge that the email provided we will be used for communication to confirm your identity.
Hotlap is not responsible for any loss or damages are the result of your failure to maintain the security of your account and/or password. You are prohibited from transmitting or uploading any program, code, virus or other item of a destructive nature. Furthermore, you must adhere to all laws of your particular jurisdiction with regarding use. The prohibition noted in these terms is subject to the law of your jurisdiction, including but not limited to copyright laws. You are fully and solely responsible with knowing what content or activity is permitted in your jurisdiction.
You agree, by using this App you will not:
PLEASE NOTE Any timing functionality of the App should be used off-road only. All use of the App must be in compliance of applicable local laws.
II. CODE OF CONDUCT
You agree, by using this App to abide by Hotlap's Code of Conduct. You agree to:
III. RIGHTS AND RESERVATIONS
Hotlap, at any time, modify or terminate the use of its App to any individual or company for any reason, without notice. Hotlap.io reserves the right to refuse service to anyone for any reason at any time.
You grant Hotlap, its affiliates, and related entities a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, publish, transmit, perform, distribute, reproduce and create derivative works from all submissions/data you provide to hotlap.io in any form, media, software or technology of any kind now existing or developed in the future. Not limiting the generality of the previous sentence, you authorize Hotlap to include the submissions/data you provide in a searchable format that may be accessed by users of the App. Hotlap may at any time request documentation proof of identification in order to determine account ownership and use. Hotlap may suspend use during such period until a determination can be made as to proper ownership of said account.
You understand that you, and not Hotlap, are entirely responsible for all content that you upload, post, email, transmit or otherwise make available via the App. Hotlap does not control, screen or monitor the content posted to the App by others and, as such, does not guarantee the accuracy, integrity or quality of such content. Hotlap may, in its sole discretion, screen, monitor, refuse or remove any content, or remove any content that violates the Terms or is otherwise objectionable. You understand that by using the App and its services, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Hotlap be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content made available on the App. You agree to bear all risks associated with the use of any Content available in connection with the App, including any reliance on the accuracy, completeness, or usefulness of such content.
IV. ELECTRONIC COMMUNICATIONS
The App and services may provide you with the ability to send or post messages to forums or chat rooms, speak via internet voice connections or send similar messages and communications to third party service providers, advertisers, your personal contacts, other members and/or Hotlap. You agree to use communication methods available on the App only to send communications and materials related to the subject matter for which Hotlap provided the communication method, and you further agree that all such communications by you shall be deemed your content and shall be subject to and governed by the terms. By using communications methods available on the App, you agree that (a) all communications methods constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers, advertisers or other third parties are not be endorsed, sponsored or approved by Hotlap (unless expressly stated otherwise by Hotlap) and (c) communications are not pre-reviewed, post-reviewed, screened, archived or otherwise monitored by Hotlap in any manner, though Hotlap reserves the right to do so at any time at its sole discretion. You agree that all notices, disclosures and other communications that we provide to you electronically shall satisfy any legal requirement that such communications be in writing.
V. DISCLAIMER AND LIMITATION OF LIABILITY
THE INFORMATION ON THIS APP IS PROVIDED ON AN "AS IS" BASIS WITH NO PROMISES, REPRESENTATIONS OR WARRANTIES (EXPRESS OR IMPLIED). TO THE FULLEST EXTENT PERMITTED BY LAW, HOTLAP EXCLUDES ALL REPRESENTATIONS AND WARRANTIES RELATING TO THIS APP AND ITS CONTENTS OR WHICH IS OR MAY BE PROVIDED BY ANY AFFILIATES OR ANY OTHER THIRD PARTY, INCLUDING IN RELATION TO ANY INACCURACIES OR OMISSIONS IN THIS APP AND/OR OTHER HOTLAP.IO PUBLIC INFORMATION. FURTHERMORE, HOTLAP.IO MAKES NO GUARANTEES AS TO THE APP'S SECURITY, LACK OF INTERRUPTION OF SERVICE, RELIABILITY, OR ERRORS THEREIN.
YOU ACKNOWLEDGE AND AGREE EXPRESSLY AND IMPLIEDLY, WITH EXTENT PERMITTED BY LAW, THAT HOTLAP SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INTANGIBLE DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE APP. FURTHERMORE, THE EXTENT PERMITTED BY LAW, HOTLAP SHALL NOT BE HELD LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PERSONAL INJURY DAMAGES ARISING OUT OF OR IN CONNECTION WITH ITS APP, ITS SERVICES OR THIS AGREEMENT.
YOU AGREE TO INDEMNIFY AND HOLD HOTLAP, ITS PARENT, SUBSIDIARIES, AFFILIATES (AS APPLICABLE), AS WELL AS HOTLAPâ€™S PARTNERS, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEYSâ€™ FEES, MADE BY ANY THIRD PARTY RELATED TO YOUR BREACH OF THIS AGREEMENT AND INCORPORATED DOCUMENTS OR VIOLATION OF THE RIGHTS OF ANY THIRD PARTY.
YOU ACKNOWLEDGE AND AFFIRM THAT HOTLAP DOES NOT AND DID NOT WARRANT THAT THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE APP WILL BE ACCURATE OR RELIABLE. FURTHERMORE, IT DOES NOT WARRANT THAT THE QUALITY OR LEGAL SUFFICIENCY OF ANY INFORMATION OR REPRESENTATION OBTAINED BY YOU THROUGH THE APP, OR THAT ANY ERRORS IN THE APP WILL BE CORRECTED. HOTLAP DOES NOT REPRESENT OR WARRANTY THE MARKETABILITY OF ANY INTEREST POSTED ON ITS APP. ALL RISKS AND LIABILITY REMAIN WITH USERS AS APPLICABLE LAW DICTATES. THIS APP IS MERELY FOR NETWORKING AND SHARING OF INFORMATION BETWEEN USERS AND NOT A DIRECT MARKET APP.
YOU UNDERSTAND THAT USE OF CERTAIN FEATURES OF THE APPS MAY REQUIRE YOU TO PURCHASE THIRD PARTY EQUIPMENT OR MATERIALS (E.G., CAMERAS, GPS SYSTEMS). WHILE HOTLAP MAY RECOMMEND THE EQUIPMENT OR MATERIALS OF CERTAIN THIRD PARTY SUPPLIERS, HOTLAP SHALL HAVE NO RESPONSIBILITY FOR YOUR ACQUISITION OR USE OF ANY THIRD PARTY EQUIPMENT OR MATERIALS AND DOES NOT GUARANTEE THAT THIRD PARTY EQUIPMENT OR MATERIALS WILL FUNCTION WITH THE APP OR WILL BE ERROR-FREE.
VI. WAIVER AND COMPLETE AGREEMENT
VIII. CANCELLATION AND TERMINATION
Hotlap reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue services or membership offered on or through the App (or any part thereof), including but not limited to the App's features, look and feel, and functional elements and related services at any time, with or without notice. This App is provided at will by Hotlap and there is no expectation of continued use by any member.
IX. NOTICE FOR CALIFORNIA MEMBERS
Under California Civil Code Section 1789.3, California Services members are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
XI. DISPUTE RESOLUTION
The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through good-faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration. Except for disputes relating to the Hotlap's intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents) or if you opt out of this agreement to arbitrate, all claims arising out of or relating to this Agreement and your use of the services shall be finally settled by binding arbitration administered by JAMS in accordance with its provisions and procedures for consumer-related disputes, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court; provided, however, that the arbitrator will not have authority to award damages, remedies, or awards that conflict with this Agreement. The arbitrator's award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You and Hotlap hereby expressly waive trial by jury. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if Hotlap is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.
VII. INTELLECTUAL PROPERTY AND CUSTOMER CONTENT
The name, trademark, symbol, or representation of the Hotlap brand is the sole property of Extravehicular Activity, Inc.
Hotlap is a trademarked name and platform. Such trademarks and other marks, logos, and names of Hotlap, used on or in connection with Hotlap may not be used in connection with any product or service that is not under Hotlap ownership or control. Furthermore, such trademarks may not be used in any manner that is likely to cause confusion among users or the general public, or in any manner that disparages or discredits Hotlap. All other trademarks not owned by Hotlap (or its affiliates) that appear on the Apps are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by hotlap.io or its affiliates.
X. DMCA TAKE DOWN PROCEDURE
Hotlap supports the protection of intellectual property and requires all users of its website to do the same. It is Hotlap's policy to respond to all notices of alleged copyright infringement. In the policy Hotlap, in appropriate circumstances and in its sole discretion, to disable and/or terminate the accounts of users of Hotlap who are proven to infringe upon the copyrights or other intellectual property rights of Hotlap in accordance with the Digital Millennium Copyright Act of 1998 (DMCA).
Notification of Infringement
Notice is specifically given that Hotlap is not responsible for the content placed on its website by parties other than Hotlap employees or agents. Hotlap endeavors to prevent the placement of illegal or infringing property on its App, but cannot prevent all occasions of said placement. Hotlap appreciates the help of its users in identifying any illegal or infringing property. We request that you provide us with notifications of any infringement of which you have knowledge. Please note that in addition to being forwarded to the person who provided the allegedly infringing content, a copy of this legal notice (with your personal information removed) may be published publicly on Hotlapâ€™s website.
The claim of infringement must be submitted as a written or emailed notification to:
Subject line: "DMCA Takedown"
Alleged parties to the infringement will be provided with an opportunity to provide Counter-notification. To be effective, a Counter-Notification must be a written communication by the alleged infringer provided to Hotlap (as set forth above). Upon receipt of a Counter Notification:
Repeated Violations of this Policy
In accordance with Section 512(i)(1)(a) of the DMCA, Hotlap will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat violators of this policy.
XII. CHOICE OF LAW AND FORUM
Any action related to the Terms, Content, the Services, and your relationship with the Hotlap shall be governed by, and construed and interpreted in accordance with, the laws of the State of California without regard to its conflict of laws principles AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. Subject to the Section entitled "Dispute Resolution", the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts embracing Los Angeles, California and you consent to the exclusive jurisdiction of the federal or state courts embracing Los Angeles, California. If any party hereto brings any suit or action against another for relief, declaratory or otherwise, arising out of these Terms, the prevailing party will have and recover against the other party, in addition to all court costs and disbursements, such sum as the court may adjudge to be reasonable attorneys' fees. Except to the extent prohibited by applicable law, the parties agree that any claim or cause of action arising out of or related to use of the services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
XIII. MODIFICATION OF THE TERMS AND SERVICES
Certain provisions of the Terms may be supplemented or superseded by expressly designated legal notices or terms located on particular pages on the services. Hotlap reserves the right to update the Terms at any time and for any reason in its sole discretion. Hotlap will notify you of any material changes to the Terms or to any service or other features of the services. By continuing to access or use the services after we have provided you with notice of a modification, you are agreeing to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the services.
Hotlap and its third party service providers may make improvements and/or changes in the services, products, services, mobile applications, features, programs, and prices described at any time and for any reason in its sole discretion. The mobile application may download and install upgrades, updates and additional features in order to improve, enhance, and further develop the services. Hotlap reserves the right at any time to modify or discontinue, temporarily or permanently, the services or any portion thereof with or without notice. You agree that Hotlap shall not be liable to you or to any third party for any modification, suspension or discontinuance of the services.