TERMS AND CONDITIONS
Whereas; Simulated Online Racing Series or SORS is a registered Limited Liability Company Located and residing in the State of North Carolina, and as such is bound by the laws and regulations that govern limited liability companies, pursuant to ~57C-2-20 of the General Statutes of North Carolina.
Whereas; any person whom creates an account and becomes a member of SORS LLC will be considered the under-signed herein by this document and will hereby agree to submit to the laws of the State of North Carolina so far as it pertains to SORS LLC in all that encompasses the following: website, racing venues, forums, emails, news letters and news pages, paint schemes, sponsors, payment methods, purchase methods, financing and account management. Furthermore the undersigned will agree to accept the following terms and conditions as written below without exception.
Welcome to Simulated
Online Racing Series (SORS) available at http://www.sorsracing.net
(the “Site”). Please review the following basic rules that govern your
participation in races available via the Site and your overall use of the Site.
1. Governing Law and Disputes
These Terms and Conditions will be governed and construed in accordance with
the laws of the State of
2. Binding Nature of Terms and Conditions
You are responsible for reviewing these Terms and
Conditions periodically for any modifications. If any portion of these Terms and
Conditions is deemed void or unenforceable, then that provision shall be deemed
severable from these Terms and Conditions and shall not affect the validity and
enforceability of the remaining provisions. The failure of SORS to enforce any
right or provision in these Terms and Conditions shall not constitute a waiver
of such right or provision unless acknowledged and agreed to by SORS in
writing. These Terms and Conditions comprises the entire agreement between you
and SORS and supersede all prior or contemporaneous negotiations, discussions
or agreements, if any, between the parties regarding the subject matter
contained herein. These Terms and Conditions are personal to you and you may
not assign these Terms and Conditions to anyone without the express written
permission of SORS.
3. Eligibility
To open an account and/or participate in any of the races offered on the Site,
you must :
a) be a natural person, at least 18 years old, who is assigned to the email
address submitted on your account registration form;
b) be a citizen or resident with an address in Austria, Belgium, Canada,
Denmark, Finland, France, Germany, Hungary, Italy, Luxembourg, The Netherlands,
Norway, Portugal, Spain, Sweden, Switzerland, United Kingdom, or the USA.
c) be physically residing within Austria, Belgium, Canada, Denmark, Finland,
France, Germany, Hungary, Italy, Luxembourg, The Netherlands, Norway, Portugal,
Spain, Sweden, Switzerland, United Kingdom, or the USA.
d) and for
In the
4. Legality and Taxes
You are subject to all laws of the state in which you
reside and from which you access the Site and are solely responsible for
obeying those laws. You agree that SORS cannot and shall not be held liable if
laws applicable to you restrict or prohibit your participation. SORS makes no
representations or warranties, implicit or explicit, as to your legal right to
participate in any races offered on the Site nor shall any person affiliated,
or claiming affiliation, with SORS or the Site have authority to make any such
representations or warranties.
SORS reserves the right to monitor the location from which you access the Site
and to block access from any jurisdiction other than the
It is the policy of SORS, in compliance with United States Internal Revenue
Service regulations, to send a Form 1099 to any person who wins in excess of
$600 (USD) on the Site in any given year. However, you remain solely
responsible for paying all federal and other taxes applicable to any prize you
may win via the Site in accordance with the laws that apply in your state,
province, and/or country of residence.
If your total winnings on the Site in any given year reach
$600, SORS will request that you submit your social security number in order to
send you a Form 1099, as required by Internal Revenue Service regulations.
Failure to provide your social security number at that time will result in SORS’s inability to credit your account for any winnings in
excess of $600.
5. Privacy Policy
SORS will not use any personally identifying information about you (including
information submitted on the application form, your social security number,
your e-mail address, information obtained via the Site from cookies, and
information regarding your IP address). SORS reserves the right to collect
general demographic and other market information that does not personally
identify you to any person without additional consent. You acknowledge and
agree that your alias shall not be deemed personally identifiable information
subject to this privacy policy.
6. Limitations on Participation
You may establish only one membership account per
person to participate in the activities offered on the Site. SORS reserves the
right to monitor any effort to establish multiple accounts; in the event SORS
discovers that you have opened more than one membership account per person, all
additional accounts will be closed without notice and continued violation will
result in the termination of any and all of your accounts and forfeiture of any
prizes to which you are otherwise entitled.
7. Odds and Prizes
The results of all races offered on the Site depend on
the number and skill level of the drivers participating in such races; precise
odds of winning are therefore unavailable. Prizes will be in cash in the
amounts designated by SORS for a particular race, which are deposited directly
into winners' paypal accounts immediately following
the completion of the race and SORS’s verification of
a winner. The actual prize(s) available for each race on the Site shall be
described in the particular page on which you can initially gain access to
information on a particular race.
8. Winners Lists
Lists of winners (identifiable by their alias names) will be posted on the Site
immediately following each race. The results and winners of each race offered
on the Site will be determined by the Site. By registering and/or participating
in any race, you agree to be bound by these determinations.
9. General Disclaimer
By registering for an account and/or participating in any race offered on
the Site, you agree that SORS is not responsible for any damage, loss, or
injury resulting from use, access, or attempted use or access of the Site. You
further agree that SORS is not liable for any damage, loss, or injury caused by
downloading any information from the Site. Without limiting the generality of
the foregoing, you agree that SORS is not liable for any damage to your
personal computer, any damage, loss, or corruption of data. IN NO EVENT
WILL SORS BE LIABLE TO YOU FOR SPECIAL, CONSEQUENTIAL, INDIRECT OR EXEMPLARY
DAMAGES, ARISING OUT OF OR IN RELATION TO THE SITE, THE RACES AVAILABLE VIA THE
SITE, PRIZES OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, USE, DATA OR OTHER INTANGIBLES, WHETHER OR NOT SORS HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
10. No Warranty
THE SITE AND RACES AVAILABLE VIA THE SITE ARE PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS, AND SORS DOES NOT WARRANT THE USE OR THE
INABILITY TO USE THE SITE AND/OR THE RACES, OR THAT THE SITE AND/OR THE RACES
WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE; NOR DOES SORS MAKE ANY WARRANTY
AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE.
SORS EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS OR CONDITIONS,
EXPRESSED, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. No information, whether oral or written, obtained by you from
SORS or through the Site, and/or a race available via the Site shall create any
warranty not expressly made herein. NO PERSON AFFILIATED, OR CLAIMING
AFFILIATION, WITH THE SITE HAS AUTHORITY TO EXTEND SUCH WARRANTIES.
11. Payments
You are solely responsible for depositing or otherwise
making funds payable to SORS for the SORS License see and each fee-based race
you desire to participate in via the payment methods authorized on the Site by
SORS. All such fees shall be due and payable before the beginning of each
fee-based event, except as expressly stated otherwise in these Terms and
Conditions, fees paid to SORS shall be non-refundable on all races for which
SORS declares a winner.
12. Hacking, Tampering, or Unauthorized Access
By registering for an account and/or participating in any race offered on
the Site, you agree that SORS is not responsible for any damage, loss, or
injury resulting from hacking, tampering, or other unauthorized access or use
of the Site or your account. Any attempt to gain unauthorized access to SORS’s systems or any account, interfere with procedures or
performance of the Site, or deliberately damage or undermine the Site is
subject to civil and/or criminal prosecution and will result in immediate
termination of your account and forfeiture of any prizes to which you are
otherwise entitled.
SORS uses or may use many techniques to identify our users
when they register on the Site to ensure that users compete honestly and
fairly, but SORS cannot ensure that mechanisms are not being used to change
game play or otherwise affect the ultimate outcome of a race. Any attempt to
participate in any race offered on the Site by means of automatic, macro,
programmed, or similar methods to compete or assist you to compete in a race,
or to otherwise commit fraud with regard to the Site (including by way of
example only, using any machines or third-party software (including, but not
limited to cheats and/or hacks) to modify the game or use any other techniques
to change game play and the results of all or a portion of a race), may result
in civil and/or criminal prosecution and will result in the termination of your
account, and forfeiture of all prizes to which your are otherwise entitled.
13. Accounts for individual use only
You, as the holder of your account, (a) may not allow any other person to
access your account, access the Site, accept any winnings, or participate in
any race using your account information and (b) are solely responsible if you
do not maintain the confidentiality of your password and account and for any
and all activities made under your password and account. You agree to
immediately notify SORS in the event that your password is lost, stolen,
disclosed to an unauthorized third party, or any other breach of security in
relation to the your account known to you. Your account is not transferable to
any other person.
14. Account Termination; Site Termination
SORS reserves the right to terminate your account or decline or limit your
participation in any race for any reason, including, but not limited to
harassment of other participants, posting of objectionable material, creating
multiple accounts, game fraud, or any breach of these Terms and Conditions, and
any breach of the security of your account or the Site. By registering for an account
and/or participating in any race offered on the Site, you consent to allow SORS
to access your account information, to investigate complaints or other
allegations of abuse, and determine in its sole discretion if a breach has
taken place.
SORS may terminate the Site or any race available via the
Site with or without cause at any time, effective immediately upon notice to
you; such notice may be in the form of an electronic mail message, or may be
posted within the Site itself prior to termination. SORS shall not be liable to
you for termination of the Site or the races available via the Site under any
theory of law or equity.
15. Proprietary Rights
You acknowledge that the contents of the Site, including without limitation,
the game that are the subject of the races available via the Site, and other
text, software, music, sound, graphics, photographs, video or other material
contained in the Site or the game that is the subject of the races located
therein ("Content"), is protected by copyrights, trademarks, service
marks, patents and other laws protecting proprietary information and trade
secrets owned by SORS and/or its licensors; therefore, you acknowledge that you
are entitled only to use the Site and the game that are the subject of the
races available via the Site as set forth in these Terms and Conditions, and
may not copy, reproduce, distribute, publicly perform, publicly display, or
otherwise create derivative works from the Content without the advance written
approval of SORS.
16. Links
The Site may contain links to other web sites and resources. You acknowledge
and agree that SORS is not responsible or liable for (a) the availability or
accuracy of such web sites or resources; or (b) the content, advertising, or
products on or available from such web sites or resources. The inclusion of any
link on the Site does not imply that SORS endorses the linked site.
17. Indemnification
You agree to indemnify and hold SORS, its parents, subsidiaries, affiliates,
officers and employees, harmless from and against any claim or demand,
including reasonable attorneys' fees, made by any third party resulting from or
arising out of your use of the Site (including without limitation your
participation in races available via the Site), your violation of these Terms
and Conditions, or the infringement by you or any other user of the Site using
your account name and password (whether or not you are the individual who
undertakes such activities), of any intellectual property or other right of any
person or entity.