Terms and Conditions for Use of the imstix.com Internet Website

TERMS OF USE

Please read the following terms and conditions carefully. They govern your use of the Indianapolis Motor Speedway Ticket web site imstix.com (the "Site") of Indianapolis Motor Speedway, LLC ("IMS"). By accessing this Site, you acknowledge and agree to be bound by the following terms and conditions. They may be modified from time to time without notice by IMS, but they will be posted on this Site. If you do not agree to the following terms and conditions, do not use this Site.

Each user of this Site agrees as follows:

1.  Ticketing Terms and Conditions

These terms and conditions apply to all tickets sold through this web site, including (without limitation) reserved seat tickets, parking passes for IMS owned/licensed parking areas (whether inside or outside the race track) and general admission or other tickets sold through this web site.  For specific terms of sale applicable to the purchase of tickets for the Indianapolis 500 Mile Race, Allstate 400 at the Brickyard and Red Bull Indianapolis GP, please see Terms of Sale.

Renewal of specific seats and allocation of tickets are at the discretion of IMS.  As such, large orders for specific seating and/or parking areas may require partial reallocation (reassignment) and/or substitution in alternate areas and IMS reserves the right to deny renewal requests as to tickets that are subsequently re-sold at inflated prices even if the original purchaser did not profit from the re-sale. 

PARTICIPATION IN RACING EVENTS AT THE INDIANAPOLIS MOTOR SPEEDWAY AS A SPECTATOR IS AT YOUR OWN RISK.  Ticket holders expressly ASSUME ALL RISK incident to any racing event, whether occurring prior to, during, or subsequent to the actual conduct of the event and RELEASE IMS AND ALL OTHERS INVOLVED IN THE EVENT FROM CLAIMS OF LIABILITY, INCLUDING CLAIMS OF NEGLIGENCE OF RELEASEES.  Tickets may not be used for advertising, promotion (including contests and sweepstakes) or other trade purposes without the express written consent of IMS.  A ticket is a revocable license.  IMS reserves the right to revoke any ticket either before, during, or after the event, for such reasons as IMS deems appropriate in its sole and absolute discretion.  A ticket entitles the holder only to admission to the grounds of the Indianapolis Motor Speedway on the date and for the seat depicted (as applicable) on the ticket, and is subject to the holder's compliance with the rules, regulations and policies of IMS.  No other rights of any kind are conveyed to the holder of any ticket.  ALL TICKET SALES ARE FINAL.  THE HOLDER OF A TICKET IS NOT ENTITLED TO A REFUND, REPLACEMENT TICKET OR TO PAYMENT FOR ANY DAMAGES OF ANY KIND FOR ANY REASON, INCLUDING WITHOUT LIMITATION THE CANCELLATION, SHORTENING OR OTHER ALTERATION OF THE EVENT. 

• Seat prices include general admission to grounds • IMS assumes no responsibility for tickets lost, stolen or destroyed • Any person, regardless of age, must have a reserved seat ticket for admittance to seating areas • Infield parking is restricted to passenger cars and trucks not exceeding a rating of one half ton • Coolers exceeding 14” in length will not be permitted in grandstands • No glass containers are permitted on IMS property.


2. Laws and Regulations

Except to the extent that federal law may govern, these Terms of Use and your access to and use of this Site are governed by, interpreted, construed, and enforced in accordance with the laws of the State of Indiana, USA, without reference to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within Marion County, Indiana, USA, in the event of any dispute arising under these Terms of Use or arising out of your use of this Site, and waive any future right to object to such jurisdiction and venue. The provisions of these Terms of Use are severable. If any such provision is determined to be unenforceable, such unenforceability will not affect any other provision of these Terms of Use, and these Terms of Use will be construed as if such unenforceable provision had not been contained herein. No waiver by IMS, of any right under or provision of these Terms of Use will be deemed to be either a waiver of any other such right or provision or a waiver of that same right or provision at any other time.

3. Copyright and Trademarks

This Site and all information, documentation, and other content posted in or on this Site are subject to copyright 2003-2007 Indianapolis Motor Speedway, LLC. All rights reserved.

Except as otherwise noted on this Site, all information, documentation, and other content posted on this Site are the property of IMS, its affiliates, its licensors, and/or its affiliates' licensors. The graphics, icons, and overall appearance of this Site are the property of IMS. The posting of information, documentation, and other content does not constitute a waiver of any of IMS', an affiliate's, and/or a third party licensor's proprietary rights in such information, documentation, and other content (such as, but not limited to, copyrights or trademarks) or a transfer of any such rights to you or any third party. The information, documentation, and other content posted on this Site are protected by U.S. and international copyright laws, both as individual works and as collections. You agree not to delete any copyright or similar notice from any information, documentation, and other content you obtain from this Site. You may not sell, republish, frame in another webpage, or use on another website, any of the information, documentation, and other content, or any portion thereof, posted in or on this Site without the prior written consent of IMS. You may view, print, copy, and download portions of the information, documentation, and other content of this Site solely in connection with your use of the Site, and solely for your own individual, internal, non-commercial use or records. IMS and its affiliates reserve the right to revoke this authorization at any time.

"Indianapolis Motor Speedway," the Indianapolis Motor Speedway logo, and other names of Indianapolis Motor Speedway companies, products, and services referenced herein are trademarks or registered trademarks of IMS or one of its affiliated companies. All other products, services, and company names mentioned herein are the trademarks of their respective owners.

4. Disclaimers

IMS and its affiliates assume no responsibility for errors or omissions in the contents, functions, materials, information, products, or services contained or described on or accessed through this Site (collectively, the "Information"). Such Information is subject to change at any time without notice, and these Terms of Use apply automatically to any new or modified Information.

IMS and its affiliates do not guarantee, represent, or warrant that the Information, text, graphics, links, or other items contained or described on this Site are or will be accurate, complete, current, reliable, or suitable for any particular purpose, that your access will be uninterrupted, that the Information is free of computer viruses, or that this Site cannot be tampered with by third parties. The Information is not intended to be legal, tax or financial advice, and IMS and its affiliates disclaim all responsibility for any claims arising from reliance on the Information.

IMS does not guarantee and makes no representations or warranties concerning its ability to prevent unauthorized access to or tampering with the Site or information accessible through the Site. You acknowledge that information transmitted through the Internet or accessible through the Internet is never completely secure, and communications to and from you may be read, used, or intercepted by others.

THIS SITE AND ALL INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE IS PROVIDED "AS IS” AND “AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

IMS AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY COMPENSATORY, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, OR DATA, WHETHER IN AN ACTION IN CONTRACT, NEGLIGENCE, OR OTHER TORT THAT MAY RESULT FROM OR BE RELATED TO THE USE OF, OR THE INABILITY TO USE, THIS SITE, ANY WEB SITE OPERATED BY A THIRD PARTY, OR THE INFORMATION CONTAINED ON THIS SITE OR ANY OTHER WEB SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE LIABILITY OF IMS AND ITS AFFILIATES TO YOU UNDER THIS AGREEMENT EXCEED THE LESSER OF (A) THE AMOUNTS PAID BY YOU TO IMS AND ITS AFFILIATES IN THE THREE (3) MONTHS PRIOR TO THE ACCRUAL OF ANY SUCH CLAIM, OR (B) $1000.00.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE AND/OR ANY SITE-RELATED SERVICES IS TO STOP USING THIS SITE AND/OR THOSE SERVICES CONTAINED ON THIS SITE.

5. Links

This Site may contain links to other external sites. The links are provided "as is” and “as available." You should be aware that you use them at your own risk. IMS and its affiliates do not endorse, and IMS and its affiliates are not liable for any content, products, services, software or other materials available on such other sites, even if a page or pages of the other sites are framed with a page of this Site. IMS and its affiliates are not responsible for the privacy practices or the content of other sites. For your protection, please refer to the terms of service and privacy policies of the respective sites. You acknowledge, understand and agree that IMS and its affiliates shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such other sites. IMS and its affiliates and content and service providers shall not be liable for any errors or delays in the content, goods or services available on such other sites, or for any actions taken or not taken in reliance thereon.

6. Broadcast Rights

All rights to broadcast, record, photograph, repeat or recreate an event at the Indianapolis Motor Speedway are reserved by IMS and/or its designee(s).  IMS and/or its designee(s) owns all rights to broadcast, transmit, film, tape, capture, overhear, photograph, collect or record by any means (including but not limited to television, cable television, radio, pay-per-view, closed circuit television, satellite signal, digital signal, and the Internet) all images, sounds and data arising from or during any event.  IMS and/or its designee(s) shall be the sole owner of any and all copyrights, intellectual property rights, and proprietary rights worldwide in and to these works and in and to any other works, copyrightable or otherwise, created from the images, sounds and data arising from or during any event.  The ticket holder grants IMS and/or its designees the right to use the holder's image and/or likeness in any live or recorded video display or other transmission or reproduction of the event, including without limitation his/her rights of publicity.  The ticket holder shall not take any action, or cause others to take any action, which would contravene, diminish, encroach or infringe upon the rights of IMS and/or its designee(s). 

With regard to the Allstate 400 at the Brickyard, NASCAR owns all rights to broadcast, transmit, film, tape, capture, overhear, photograph, collect or record by any means (including but not limited to television, cable television, radio, pay-per-view, closed circuit television, satellite signal, digital signal, and the Internet) all images, sounds and data arising from or during any NASCAR Event and NASCAR shall be the sole owner of any and all copyrights, intellectual property rights, and proprietary rights worldwide in and to these works and in and to any other works, copyrightable or otherwise, created from the images, sounds and data arising from or during any NASCAR Event.  The ticket holder grants NASCAR and IMS and their designees the right to use the ticket holder’s image and/or likeness in any live or recorded video display or other transmission or reproduction of the event, including without limitation his/her rights of publicity.  The bearer of any tickets purchased via this document agrees not to take any action, or cause others to take any action, which would contravene, diminish, encroach or infringe upon these NASCAR rights.

 

As to the Red Bull Indianapolis GP, all rights to broadcast, record, photograph, repeat, reproduce or recreate the events (including the competitors, motorcycles and/or riders), directly or indirectly, are reserved to Dorna Sports, S.L. (Dorna) and/or IMS.  The foregoing does not prevent any person attending the events from originating amateur video recordings solely for his/her private enjoyment at the areas specifically designated for that purpose.  The ticket holder grants Dorna and IMS and their designees the right to use the ticket holder’s image and/or likeness in any live or recorded video display or other transmission or reproduction of the event, including without limitation his/her rights of publicity.  The bearer of any tickets purchased via this document agrees not to take any action, or cause others to take any action, which would infringe on the rights of Dorna or IMS or their designees.

If you have questions with regard to broadcast rights, please contact IMS.

7. User Conduct

You agree to abide by all applicable international, federal, state and local laws and regulations in your use of this Site. You agree that IMS may terminate your password, account and/or use of the Site in IMS' sole discretion for any reason.

You are responsible for maintaining the confidentiality of your login name and password and for any and all activities that occur under your password or account. You agree to immediately notify IMS of any unauthorized use of your password or account, or any other breach of security of which you become aware.

You shall not access or attempt to access password protected, secure, or non-public areas of the Site, except with the authorization of IMS. IMS has no obligation to monitor the Site; however, you acknowledge and agree that IMS has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation, or other governmental request, to operate the Site properly, or to protect itself or others.

You shall be solely responsible for your actions and the contents of your transmissions to the Site. You shall not transmit any materials or information to this Site that infringes on any copyright or other proprietary rights of any other person. You shall not impersonate any person or entity or falsely state or otherwise misrepresent your identity or affiliation with a person or entity. You shall not post or transmit: (i) any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law; (ii) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial or non-commercial communication except as otherwise expressly permitted by IMS; or (iii) any information or software which contains a virus, trojan horse, worm, or other harmful component. 

8. Notices

Where required, IMS may give notice to you by a general posting on the Site, by electronic mail, or by conventional mail to your address of record. You may give notice to IMS by electronic mail or by conventional mail to the address below. If you have any questions about these Terms of Use, the practices of the Site, or your dealings with IMS, please e-mail or write to:

Indianapolis Motor Speedway, LLC

4790 West 16th Street

Indianapolis, Indiana 46222

E-mail:tickets@brickyard.com

We welcome your questions and comments.

9/7/2007 2:17 PM