Effective date: September 19, 2018
Welcome to RacerZ (“RacerZ,” “we,” “us” or “our”). RacerZ provides a fast, beautiful and fun way for you to share media through our content-sharing platform. Just snap a video, choose a filter to transform the look and feel, add comments (if you like) and share!
1. INFORMATION WE COLLECT
We collect the following types of information.
Information you provide us directly:
· Your username, password and e-mail address when you register for an RacerZ account.
· Profile information that you provide for your user profile (e.g., first and last name, picture, phone number). This information allows us to help you or others be “found” on RacerZ.
· User Content (e.g., videos, comments, and other materials) that you post to the Service.
· Communications between you and RacerZ. For example, we may send you Service-related emails (e.g., account verification, changes/updates to features of the Service, technical and security notices). Note that you may not opt out of Service-related e-mails.
Finding your friends on RacerZ:
· If you choose, you can use our “Find friends” feature to locate other people with RacerZ accounts either through (i) your contacts list, (ii) third-party social media sites or (iii) through a search of names and usernames on RacerZ.
· If you choose to find your friends through (i) your device’s contacts list, then RacerZ will access your contacts list to determine whether or not someone associated with your contact is using RacerZ.
· If you choose to find your friends (iii) through a search of names or usernames on RacerZ then simply type a name to search and we will perform a search on our Service.
Note about “Invite Friends” feature:
If you choose to invite someone to the Service through our “Invite friends” feature, you may select a person directly from the contacts list on your device and send a text or email from your personal account. You understand and agree that you are responsible for any charges that apply to communications sent from your device, and because this invitation is coming directly from your personal account, RacerZ does not have access to or control this communication.
· We use third-party analytics tools to help us measure traffic and usage trends for the Service. These tools collect information sent by your device or our Service, including the web pages you visit, add-ons, and other information that assists us in improving the Service. We collect and use this analytics information with analytics information from other Users so that it cannot reasonably be used to identify any particular individual User.
Cookies and similar technologies:
Log file information:
· Log file information is automatically reported by your browser each time you make a request to access (i.e., visit) a web page or app. It can also be provided when the content of the webpage or app is downloaded to your browser or device.
· When you use our Service, our servers automatically record certain log file information, including your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information. We may also collect similar information from emails sent to our Users which then help us track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the Service.
· When you use a mobile device like a tablet or phone to access our Service, we may access, collect, monitor, store on your device, and/or remotely store one or more “device identifiers.” Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by RacerZ.
· A device identifier may deliver information to us or to a third party partner about how you browse and use the Service and may help us or others provide reports or personalized content and ads. Some features of the Service may not function properly if use or availability of device identifiers is impaired or disabled.
· Metadata is usually technical data that is associated with User Content. For example, Metadata can describe how, when and by whom a piece of User Content was collected and how that content is formatted.
· Users can add or may have Metadata added to their User Content including a hashtag (e.g., to mark keywords when you post a video), geotag (e.g., to mark your location to a video), comments or other data. This makes your User Content more searchable by others and more interactive. If you geotag your video or tag your video using other’s APIs then, your latitude and longitude will be stored with the video and searchable (e.g., through a location or map feature) if your video is made public by you in accordance with your privacy settings.
2. HOW WE USE YOUR INFORMATION
· help you efficiently access your information after you sign in
· remember information so you will not have to re-enter it during your visit or the next time you visit the Service;
· provide personalized content and information to you and others, which could include online ads or other forms of marketing
· provide, improve, test, and monitor the effectiveness of our Service
· develop and test new products and features
· monitor metrics such as total number of visitors, traffic, and demographic patterns
· diagnose or fix technology problems
· automatically update the RacerZ application on your device RacerZ or other Users may run contests, special offers or other events or activities (“Events”) on the Service. If you do not want to participate in an Event, do not use the particular Metadata (i.e. hashtag or geotag) associated with that Event.
3. SHARING OF YOUR INFORMATION
We will not rent or sell your information to third parties outside RacerZ (or the group of companies of which RacerZ is a part) without your consent, except as noted in this Policy.
Parties with whom we may share your information:
· We may share User Content and your information (including but not limited to, information from cookies, log files, device identifiers, location data, and usage data) with businesses that are legally part of the same group of companies that RacerZ is part of, or that become part of that group (“Affiliates”). Affiliates may use this information to help provide, understand, and improve the Service (including by providing analytics) and Affiliates’ own services (including by providing you with better and more relevant experiences). But these Affiliates will honor the choices you make about who can see your videos.
· We also may share your information as well as information from tools like cookies, log files, and device identifiers and location data, with third-party organizations that help us provide the Service to you (“Service Providers”). Our Service Providers will be given access to your information as is reasonably necessary to provide the Service under reasonable confidentiality terms.
· We may also share certain information such as cookie data with third-party advertising partners. This information would allow third-party ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you.
· We may remove parts of data that can identify you and share anonymized data with other parties. We may also combine your information with other information in a way that it is no longer associated with you and share that aggregated information.
Parties with whom you may choose to share your User Content:
· Any information or content that you voluntarily disclose for posting to the Service, such as User Content, becomes available to the public, as controlled by any applicable privacy settings that you set. To change your privacy settings on the Service, please change your profile setting. Once you have shared User Content or made it public, that User Content may be re-shared by others.
· If you remove information that you posted to the Service, copies may remain viewable in cached and archived pages of the Service, or if other Users or third parties using the RacerZ API have copied or saved that information.
What happens in the event of a change of control:
Responding to legal requests and preventing harm:
· We may access, preserve and share your information in response to a legal request (like a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of the United States where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards. We may also access, preserve and share information when we have a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others, including as part of investigations; and to prevent death or imminent bodily harm. Information we receive about you may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm.
4. HOW WE STORE YOUR INFORMATION
Storage and Processing:
· Your information collected through the Service may be stored and processed in the United States or any other country in which RacerZ, its Affiliates or Service Providers maintain facilities.
· RacerZ, its Affiliates, or Service Providers may transfer information that we collect about you, including personal information across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction.
· We use commercially reasonable safeguards to help keep the information collected through the Service secure and take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. However, RacerZ cannot ensure the security of any information you transmit to RacerZ or guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed.
· Please do your part to help us. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to emails between you and RacerZ, at all times. Your privacy settings may also be affected by changes the social media services you connect to RacerZ make to their services. We are not responsible for the functionality, privacy, or security measures of any other organization.
5. YOUR CHOICES ABOUT YOUR INFORMATION
Your account information and profile/privacy settings:
· Update your account at any time by logging in and changing your profile settings.
· Unsubscribe from email communications from us by clicking on the “unsubscribe link” provided in such communications. As noted above, you may not opt out of Service-related communications (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices).
How long we keep your User Content:
· Following termination or deactivation of your account, RacerZ, its Affiliates, or its Service Providers may retain information (including your profile information) and User Content for a commercially reasonable time for backup, archival, and/or audit purposes.
6. CHILDREN’S PRIVACY
RacerZ does not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register for the Service ; under the age of 13 we need parental consent. In the event that we learn that we have collected personal information from a child under age 13 without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us.
7. OTHER WEB SITES AND SERVICES
8. HOW TO CONTACT US ABOUT A DECEASED USER
In the event of the death of an RacerZ User, please contact us. We will usually conduct our communication via email; should we require any other information, we will contact you at the email address you have provided in your request.
9. HOW TO CONTACT US
We provide the RacerZ APIs to support several types of apps and services. First, we provide them to help members of our community share their own content with apps or services. We also support apps and services that help brands and advertisers understand and manage their audience, develop their content strategy, and obtain digital rights. Finally, we provide the RacerZ APIs to help broadcasters and publishers discover content, get digital rights to media, and share media using web embeds. The RacerZ APIs are not intended for other types of apps or services. For those we do support, the following terms and information also apply:
A. General Terms
1. Ensure your app is stable and easily navigable.
2. Don’t confuse, deceive, defraud, mislead, or harass anyone.
3. Be transparent about your identity and your app’s identity.
4. Don’t use the RacerZ APIs for any app that constitutes, promotes or is used in connection with spyware, adware, or any other malicious programs or code.
5. Don’t store or cache RacerZ login credentials.
6. Follow any instructions we include in our technical documentation.
7. Provide meaningful customer support for your app, and make it easy for people to contact you.
11. Comply with any requirements or restrictions imposed on usage of RacerZ user videos and videos (“User Content”) by their respective owners. You are solely responsible for making use of User Content in compliance with owners’ requirements or restrictions.
12. Remove within 24 hours any User Content or other information that the owner asks you to remove.
13. Obtain a person’s consent before including their User Content in any ad.
14. Only store or cache User Content for the period necessary to provide your app’s service.
15. If you store or cache User Content, keep it up to date. For example, if a user marks a video as “private”, you must reflect that change by removing the content as soon as reasonably possible.
16. Don’t use the RacerZ API to simply display User Content, import or backup content, or manage RacerZ relationships, without our prior permission.
17. Don’t apply computer vision technology to User Content, without our prior permission.
18. Don’t participate in any “like”, “share”, “comment” or “follower” exchange programs.
19. Don’t use follower information for anything other than analytics without our prior permission. For example, don’t display these relationships in your app.
20. Only use the POST and DELETE endpoints after a business has taken an explicit action in your app requesting you to do so.
21. Only use the POST and DELETE likes, comments, and relationships endpoints to enable businesses to manage communication with people who have expressed interest in them. Don’t use these endpoints for non-business purposes.
22. Ensure your comments are uniquely tailored for each person. Don’t post unauthorized commercial communication or spam on RacerZ.
23. Don’t enable a business to take more than one action on RacerZ at a time.
24. Add something unique to the community. Don’t use the RacerZ APIs to replicate or attempt to replace the functionality or essential user experiences of RacerZ.tv or any of RacerZ’s apps.
25. Respect the way RacerZ looks and functions. Don’t offer experiences that change it.
26. Don’t attempt to build an ad network on RacerZ.
27. Don’t attempt to identify groups of individuals or create demographic clusters for the purpose of contacting or targeting RacerZ members on or off RacerZ.
28. Don’t transfer any data that you receive from us (including anonymous, aggregate, or derived data) to any ad network, data broker, influencer network, or other advertising or monetization-related service.
29. You can administer a promotion on RacerZ if you comply with all applicable laws and regulations, but don’t directly incentivize other actions.
30. If you want to facilitate or promote online gambling, online real money games of skill, or online lotteries, get our written permission before using any of our products.
31. Don’t use an unreasonable amount of bandwidth, or adversely impact the stability of RacerZ.tv servers or the behavior of other apps using the RacerZ APIs.
32. Don’t reverse engineer the RacerZ APIs or any of RacerZ’s apps.
33. Don’t sell, lease, or sublicense the RacerZ APIs or any data derived through the APIs.
34. Comply with all applicable laws or regulations. Don’t violate any rights of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality. Don’t expose RacerZ or people who use RacerZ to harm or legal liability.
B. Brand Assets
Don’t use the trademarks of RacerZ or its affiliates without written permission, including as authorized by applicable brand guidelines.
C. Things you should know
1. RacerZ primarily communicates with developers through email. Please ensure that the email addresses associated with your RacerZ account are current and that you don’t filter out these messages.
2. RacerZ may rate limit or block apps that make a large number of calls to the API that are not primarily in response to direct user actions.
3. Enforcement is both automated and manual, and can include disabling your app, restricting you and your app’s access to RacerZ APIs, requiring that you delete data, terminating our agreements with you or any other action that we deem appropriate.
4. RacerZ may change, suspend, or discontinue the availability of any RacerZ APIs at any time. In addition, RacerZ may impose limits on certain features and services or restrict your access to parts or all of the RacerZ APIs or the RacerZ website without notice or liability.
5. If RacerZ elects to provide you with support or modifications for the RacerZ APIs, this support may be terminated at any time without notice to you.
6. RacerZ reserves the right to charge fees for future use of or access to the RacerZ APIs.
7. RacerZ doesn’t guarantee that any RacerZ APIs are free of inaccuracies, errors, bugs, or interruptions, or are reliable, accurate, complete, or otherwise valid.
8. Licensed Uses and Restrictions: The RacerZ APIs are owned by RacerZ and are licensed to you on a worldwide (except as limited below), non-exclusive, non-sublicenseable basis in accordance with these terms. Your license to the RacerZ APIs continues until it is terminated by either party. Please note that User Content is owned by users and by RacerZ. All rights not expressly granted to you are reserved by RacerZ.
9. Disclaimer of Any Warranty: RacerZ APIs and all data derived through such APIs are provided “as is” with no warranty, express or implied, of any kind and RacerZ expressly disclaims any and all warranties and conditions, including but not limited to, any implied warranty of merchantability, fitness for a particular purpose, availability, security, title and non-infringement. You are solely responsible for any damage that results from the use of any RacerZ APIs and all any data derived through such APIs including, but not limited to, any damage to your computer system or loss of data.
10. Limitation of Liability: RacerZ shall not, under any circumstances, be liable to you for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with use of the RacerZ APIs and any data derived through such APIs, whether based on breach of contract, breach of warranty, tort (including negligence, product liability or otherwise), or any other pecuniary loss, whether or not RacerZ has been advised of the possibility of such damages. Under no circumstances shall RacerZ be liable to you for any amount.
11. Release and Waiver: To the maximum extent permitted by applicable law, you hereby release and waive all claims against RacerZ, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising from or in any way related to your use of the RacerZ APIs and data derived through such APIs. If you are a California resident, you waive your rights under California Civil Code 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
12. Hold Harmless and Indemnify: To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify RacerZ and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third-party claim arising from or in any way related to your use of the RacerZ APIs and any data derived through the APIs, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. RacerZ shall use good faith efforts to provide you with written notice of such claim, suit or action.
13. Relationship of the Parties: Notwithstanding any provision hereof, for all purposes of the RacerZ API Terms, you and RacerZ shall be and act independently and not as partner, joint venturer, agent, employee or employer of the other. You don’t have any authority to assume or create any obligation for or on behalf of RacerZ, express or implied, and you must not attempt to bind RacerZ to any contract.
14. Invalidity of Specific Terms: If any provision of the RacerZ API Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and that the other provisions remain in full force and effect.
15. No Waiver of Rights by RacerZ: RacerZ’s failure to exercise or enforce any right or provision of the RacerZ API Terms shall not constitute a waiver of such right or provision.