Terms of Use (“App”)

Last update May 5, 2021

[View App Privacy Notice here]

These Terms of Use (“Terms”) govern your access to and use of the applications SVRA and/or TransAm (collectively “App”), and of the websites (“Site”) of PARELLA MOTORSPORTS HOLDINGS (“PMH”).

PMH is the parent company of Sportscar Vintage Racing Association (“SVRA”) and of Trans Am Race Company (“TransAm”).

The applications SVRA and TransAm and their respective features (collectively the “Service”) are operated and provided on behalf of PMH by Nagravision SA (“Nagra”).

These Terms of Use also apply to any videos, information, text, links, graphics, photos, music, sound, software, scripts, audiovisual combination, interactive features or other materials or arrangements of materials appearing on the Site and/or the App (collectively referred to as “Content”).

By using the Service or any of its components and/or by registering for an account and/or accessing the Content, you agree to be bound by these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark laws.

These Terms may be amended at any time by us from time to time without specific notice to you. The latest Terms supersede all earlier versions; they will be posted on the App and Site, and you should review these Terms prior to using the App and/or Site.

If you are under 13 years of age, you shall not register to use the Service. If you are at least 13 years of age but under 16 years of age or the age required in your jurisdiction, you represent and warrant that you have obtained the consent of your parent or legal guardian before providing your personal information and/or accessing or using the Service. In order to subscribe to pay Services and Content, you represent and warrant that you are of legal age to form a binding contract. In all cases, you represent and warrant that you are not a person barred from accessing or using the Service under the laws of your country of residence or any other applicable jurisdiction. Some parts of the Service may have different age requirements, which will be noted in those parts of the Service.

Your PMH user account

In order to access some features of the Service and to some Content, you will have to create a PMH account. When creating your account, you must provide accurate and complete information. It is important that you keep all information related to your PMH account and related credentials, such as login, password and login links send to your email, secure and confidential.

Any password or login credentials right given to you to access the Service and Content from the App and/or the Site are not transferable.

You must notify PMH immediately of any breach of security or unauthorized use of your PMH account that you become aware of. Please send all the information to privacy@svra.com or to privacy@gotransam.com.

You agree that you will be solely responsible (to PMH, Nagra, and to others) for all activity that occurs under your PMH account, whether or not actually or expressly authorized by you.

Orders

When purchasing the Services and by accepting the Terms of Use on the subscription or registration page, you are entering into a legally binding contract with PMH. The contract is conditional on payment being authorized by your card issuer or your subscription code or promotional code being valid (if applicable) and is at all times subject to these Terms of Use.

Price and Payment

Our prices only cover access to the Services. Telephone line and other communications or access costs may be charged to you separately by your ISP or relevant service provider.

The financial transactions associated with the Services are provided by a certified third-party payment service provider (TPP). To make a purchase, you are directed to a portal operated by the TPP and must read and agree to the applicable terms of use, privacy notice, and other TPP policies and requirements, which can be viewed on the TPP payment portal. You must also follow the TPP payment instructions to complete each transaction.

Duration and Termination

You may cancel your subscription for the Services by logging in, visit the My Details panel and click on the “Cancel Subscription” button or sending an e-mail to customer services at the appropriate following e-mail address: questions@svra.com or questions@gotransam.com.

You may cancel your subscription to the Services at any time prior to the expiry of your subscription period, but you will continue to have access to the Services for the duration of your subscription period. We do not refund any subscription fees paid in case of your cancellation. When you acquire a subscription, you acknowledge and agree that for the purposes of the Consumer Protection (Distance Selling) Regulations 2000 (or any similar legislation in any other relevant jurisdiction) (the “DSRs”) or any replacement or successor legislation, the provision of Services pursuant to such subscription shall commence immediately upon you initially logging in (or being logged in) to your account on the Website or App and accordingly, any cancellation rights under the DSRs shall not apply to such transaction.

You can cancel your free trial (where no payment has been taken and you are able to access subscription products) at any time prior to the end of the relevant free trial period and your credit/debit card will not be charged. The exact length of the free trial period will be stated at the time of purchase. However, we will not issue a refund if you request cancellation and a refund after your free trial period has ended and/or your credit/debit card has been charged for the relevant month, year or relevant period.

PMH may terminate this agreement with immediate effect and by written notice at any time if you commit a material breach of this agreement (and any breach of clauses described in “General restrictions on use” of “User Conduct” will be considered to be a material breach) or if you do not fulfil any of the technical requirements described in “Technical requirements”.

In addition, PMH may terminate this agreement on one calendar month’s notice. If PMH terminates the agreement other than as a result of your breach or technical non-compliance, you will receive a refund of the amount you pre-paid for the Services less an amount proportionate to the number of days for which you have had access to the Services.

Technical Support and Contacting PMH

You can contact PMH whether to discuss technical problems or trace your subscription, or for any other reason by emailing PMH as described below. In all instances, please be ready to give your e-mail, product details, last transaction ID or other data that PMH may require from you in order to assist you or to identify your subscription (if applicable).

If you subscribe to the Services, you should notify us immediately if any of your details change by logging on to the Service and updating these details in the My Details section or by e-mail to questions@svra.com or questions@gotransam.com.

Any notice given by PMH can be given by email on the address we hold for you. Transmission or postal failures are at your risk, and we cannot be responsible for non-receipt of messages we send you.

General restrictions on use

PMH hereby grants you permission conditioned to the obtention of a valid subscription to access and use the Service and Content, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms on your part:

  1. you agree to use the Service and Content strictly in compliance with the terms described herein.
  2. you agree not to distribute the App and/or the Site and/or any part thereof, including but not limited to any Content, in any medium without PMH’s prior written authorization;
  3. you agree not to alter or modify any part of the App and/or the Site;
  4. you agree not to access Content through any technology or means other than the video playback pages of the App or the Site itself or such other means as PMH may explicitly designate for this purpose;
  5. you agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the App and/or the Site or features that (i) prevent or restrict use or copying of Content or (ii) enforce limitations on use of the App and/or the Site or the content accessible via the App and/or the Site;
  6. you agree not to use the App and/or the Site for any of the following commercial uses unless you obtain PMH’s prior written approval:

i. the sale of access to the App and/or the Site;

ii. the sale of advertising, sponsorships or promotions placed on or within the App and/or the Site, or Content;

iii. the sale of advertising, sponsorships or promotions on any page of an ad- enabled blog or site containing Content delivered via the App and/or the Site unless other material not obtained from PMH appears on the same page and is of sufficient value to be the basis for such sales;

  • you agree not to collect or harvest any personal data of any user of the App and/or Site (and agree that this shall be deemed to include PMH account names);
  • you agree not to use the App and/or the Site for the solicitation of business in the course of trade or in connection with a commercial enterprise;
  • you agree not to solicit, for commercial purposes, any users of the App and/or the Site; and
  • you agree not to access Content for any reason other than your personal, non-commercial use solely as intended through and permitted by, the normal functionality of the App and/or the Site, and solely for Streaming and downloading when offered by the App and/or the Site. “Streaming” means a contemporaneous digital transmission of the material by PMH via the Internet to a user operated Internet enabled device in such a manner that the data is intended for real- time viewing and not intended to be downloaded (either permanently or temporarily), copied, stored, or redistributed by the user.
  • you shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of PMH or the respective licensors of the Content.

You agree that you will comply with all of the other provisions of these Terms of Use at all times during your use of the App and/or the Site.

PMH is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the App and/or the Site which PMH provides may change from time to time without prior notice to you.

As part of this continuing innovation, you acknowledge and agree that PMH may suspend temporarily providing the App and/or the Site (or any features within the App and/or the Site) to you or to users generally at PMH’s sole discretion, without prior notice to you. You agree that PMH shall not be liable to you or any third party for any modification or suspension of the Service (or any features within the App and/or the Site).

You may stop using the App and/or the Site at any time. You do not need to specifically inform PMH when you stop using the App and/or the Site, unless you need to terminate a pay subscription.

You agree that you are solely responsible for (and that PMH has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which PMH may suffer) of any such breach.

USER CONDUCT

In connection with your access to or use of the Service, you shall not:

  1. upload, post, email, transmit or otherwise make available any Content that:
    1. is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or otherwise objectionable;
    1. infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
    1. consists of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, commercial electronic messages or any other form of solicitation; or
    1. contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware;
  2. impersonate any person or entity, including, but not limited to, Nagra and PMH personnel, or falsely state or otherwise misrepresent your affiliation with any person or entity;
  3. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  4. act in a manner that negatively affects the ability of other users to access or use the Service;
  5. take any action that imposes an unreasonable or disproportionately heavy load on the Service or its infrastructure;
  6. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  7. use spiders, crawlers, robots or any other similar means to access the Service or substantially download, reproduce or archive any portion of the Service;
  8. sell, share, transfer, trade, loan or exploit for any commercial purpose any portion of the Service, including, but not limited to, your user account and password; or
  9. violate any applicable local, state, provincial, federal, national or international law or regulation.

RESPONSIBILITY FOR CONTENT

  1. You understand and agree that you are solely responsible for the consequences of posting, publishing or sharing Content. PMH does not endorse any Content or any opinion, recommendation, or advice expressed therein, and PMH expressly disclaims any and all liability in connection with Content.
  2. You acknowledge and agree that PMH has no obligation to pre-screen Content, although PMH reserves the right in its sole discretion to pre-screen, filter, refuse or remove any Content.
  3. PMH shall have the right to edit or remove any Content appearing in the App and/or on the Site.
  4. You further understand and acknowledge that in using the App and/or the Site, you may be exposed to Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you. The App and/or the Site allow you to report such Content to PMH to review and remove such Content. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against PMH with respect to any such Content.

Limited Right to Use

Unless otherwise expressly agreed in writing by PMH, the viewing, printing or downloading of any Content from the App and/or the Site grants you only a limited, nonexclusive license for use solely by you for personal, internal, non-commercial purposes and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal, internal, non-commercial use (but not for resale or redistribution). The rights specified above to view, download and print the Content are not applicable to the design or layout of the App and/or the Site. Elements of the App and/or the Site are protected by copyright and other laws and may not be copied or imitated in whole or in part.

Intellectual Property Rights on Material

“Material” includes PMH Content on the Site not submitted to the App and/or the Site by you. All Material on the App and/or the Site is either owned by or licensed to PMH, and is subject to copyright, trademark rights, and other intellectual property rights of PMH or PMH’s licensors. Any third-party trade or service marks present on Material are trade or service marks of their respective owners. Such Material may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of PMH or, where applicable, PMH’s licensors.

PMH and its licensors reserve all rights not expressly granted in and to their Material.

Indemnification

You agree to indemnify, defend and hold PMH, Nagra and their affiliates (collectively, the “Affiliated Parties”) harmless from and against any liability, loss, claim or expense, including reasonable attorneys’ fees, related to your violation of these Terms or use of the Site.

Warranties and Disclaimers

UNLESS EXPRESSLY AGREED OTHERWISE IN WRITING BY PMH, THE CONTENT AND SERVICES AVAILABLE FROM OR THROUGH THE APP AND/OR THE SITE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. PMH HEREBY DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE CONTENT AND THE SERVICES AVAILABLE FROM OR THROUGH THE APP AND/OR THE SITE, AND THE APP AND/OR THE SITE THEMSELVES, MAY CONTAIN BUGS, ERRORS, TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY CONTENT AND THE SERVICES AVAILABLE FROM OR THOUGH THE APP AND/OR THE SITE, OR THE APP AND/OR THE SITE THEMSELVES. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE CONTENT AND THE SERVICES AVAILABLE FROM OR THROUGH THE APP AND/OR THE SITE, AND THE APP AND/OR THE SITE THEMSELVES, WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

SUGGESTIONS

If you elect to provide or make available to PMH any suggestions, comments, ideas, improvements or other feedback relating to the Service (“Suggestions”), PMH shall be free to use, disclose, reproduce, have made, modify, license, transfer and otherwise utilize and distribute your Suggestion in any manner, without credit or compensation to you. You will not knowingly provide PMH any Suggestion that is subject to third party intellectual property rights.

DEALINGS WITH ADVERTISERS AND OTHER THIRD PARTIES

  1. Your dealings with advertisers and other third parties who market, sell, buy or offer to sell or buy any goods or services on the Service, including payment for or delivery of such goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser or other third party. You acknowledge and agree that PMH shall not be liable for any loss or damage of any kind incurred as a result of any such dealings.
  2. The Service provided to you hereunder may require data usage from a third-party service provider such as a wireless carrier and/or an Internet service provider (“ISP”). As between you and PMH, you are responsible for obtaining services from such ISP and you are responsible for all charges related to such services from ISPs, including without limitation airtime service charges, Internet access charges, and data usage charges and overages.
  3. You should give due consideration before sharing your personal information with other persons or parties you may interact or communicate with within the Services. You acknowledge and agree that PMH shall not be liable for any loss or damage of any kind incurred as a result of such interactions.

LINKS AND EXTERNAL MATERIALS

The Service may contain Content from other third-party websites, platforms and/or resources. You acknowledge and agree that PMH does not control or endorse, and is not responsible for, any Content, advertising, products, services or other materials on, transmitted from or available through such third-party websites, platforms and/or resources (collectively “External Materials”), including without limitation the accessibility, accuracy, non-infringement, legality, decency, or any other aspect of the External Materials. PMH provides access to the External Materials to you only as a convenience and it does not imply any endorsement or association with the operators of such External Materials. The use and access of such External Materials are subject to different terms of use and privacy policies, which you are responsible for reviewing and abiding. You further acknowledge and agree that PMH shall not be liable for any damage or loss caused by or resulting from the access, use of or reliance on any External Materials.

Information and Press Releases

The App and/or the Site may contain press releases and other information (collectively, “Information”) about PMH, PMH business and PMH products, including links to third-party websites or applications that contain such Information, which are being provided as a convenience to visitors of the App and/or the Site.

While all Information prepared by PMH was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update any Information. Statements concerning companies other than PMH that are contained in any such Information should not be relied upon as being provided or endorsed by us. The opinions expressed in any Information prepared by third parties are solely those of the author(s) and do not necessarily reflect the opinion of PMH. With respect to Information contained in links to third-party websites and/or applications, please refer to the section above entitled “Links and external material”.

Privacy Policy

To learn about how PMH protects your personal information, such as your name and address, refer to the Site or App online privacy policy. Except as set forth in the Privacy Policy or in these Terms, your personal information will be deemed to be confidential. Any non-personal information or material sent to PMH or posted as allowed by the Services will generally be deemed NOT to be confidential. You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of PMH or others, or as stated in our Privacy Policy.

General

Unless provided otherwise by imperative applicable consumer local law these Terms shall be treated as though it were executed and performed in Texas, USA, and shall be governed by and construed in accordance with the laws of Texas, USA (without regard to conflict of law principles). Any cause of action by you with respect to the App and/or the Site (and/or information, content, documents and other materials contained therein) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Unless provided otherwise by imperative applicable consumer local law You expressly submit to the exclusive jurisdiction and venue of the courts of Texas, USA, with respect to all matters relating to these Terms or your use of the App and/or the Site, and consent to extra-territorial service of process in connection therewith. Should any part of these Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the App and/or the Site is in conflict or inconsistent with these Terms, these Terms shall take precedence. Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision.

These Terms are an agreement between you and PARELLA MOTORSPORTS HOLDINGS, 1312 Regency Court Southlake, TX 76092. If you have any questions about these Terms, please contact us at questions@svra.com or questions@gotransam.com.