LAST MODIFIED: 03/11/2025
What’s new in the updated Terms of Use?
We, NASCAR Digital Media, LLC (“NMD”), DEJ Management, LLC. And www.dalejr.com (“DaleJr.com”), have revised the Terms of Use for our current and future online and mobile websites, platforms, services, and applications owned or operated by NDM and/or www.dalejr.com and each of their respective parents and affiliates and the officers, directors, members, employees, advisors, subcontractors and agents (collectively, the “Site“). Some of the key changes are summarized below, but please take the time to read the full Terms of Use. You accept and agree to be bound by these Terms of Use when you use the Site, including without limitation, when you view or access content or videos on the Site.
- Throughout we have revised these Terms to enhance readability and understanding.
IMPORTANT NOTICE: THESE TERMS OF USE INCLUDE A WAIVER OF CLASS ACTION RIGHTS.
Welcome to www.dalejr.com! www.dalejr.com includes this web site (including its sub-domains) and associated applications (such as mobile and other device applications) and other associated offerings that are owned, offered or operated by or on behalf of NDM. Please read these terms and conditions of use (“Terms of Use”) carefully before using www.dalejr.com. Your access to and use of www.dalejr.com is subject to the following terms and conditions (including our privacy policy (“Privacy Policy”)) and all applicable laws. By accessing and using www.dalejr.com, you signify your assent to these Terms of Use and the Privacy Policy (collectively, the “Agreement”). If you do not agree to these Terms of Use or the Privacy Policy please do not use www.dalejr.com. These Terms of Use may be amended or modified, or new conditions may be imposed, at any time. Any such changes or additions will be reflected by an update of this posting. Please check these Terms of Use periodically for changes. Your continued use of www.dalejr.com following the posting of changes to these terms (including the Privacy Policy) will mean you accept those changes.
TABLE OF CONTENTS
DaleJr.com TERMS OF USE
Definitions.
General.
Changes in Terms.
Equipment.
Intellectual Property Rights of THE NDM parties.
Interactive Areas.
Submissions.
Publicly Available Participation.
User Conduct.
Advertisements and Promotions.
Disclaimer of Warranty; Limitation of Liability.
Indemnification.
Termination.
Governing Law.
Class Action Waiver.
Miscellaneous.
Notice of Infringement of Copyright.
Interpretation
www.dalejr.com is operated by NASCAR Digital Media, LLC on behalf of the National Association for Stock Car Auto Racing, LLC and DEJ Management, LLC. As used in this document, “NDM” refers to NASCAR Digital Media, LLC. As used in this document, “NASCAR” refers to the National Association for Stock Car Auto Racing, LLC. As used in this document, “NDM Parties” means NDM, NASCAR, DEJ Management, LLC and any of its parents and affiliates and the officers, directors, members, employees, advisors, and agents of the foregoing. As used in this document, (i) “Visitor” means an www.dalejr.com user that accesses the www.dalejr.com web pages and associated applications without registering and/or logging-in, (ii) “Member” means a user that is registered with and has an account (an “Account”) with www.dalejr.comand/or www.dalejr.com, and (iii) “User” and/or “you(r)” means and includes Members and Visitors.
These Terms of Use set forth the terms and conditions that apply to your use of www.dalejr.com. By using www.dalejr.com (other than to read these Terms of Use for the first time), you agree to comply with all of the terms and conditions hereof. In addition, you agree that any information collected in connection with your use of www.dalejr.com is subject to the www.dalejr.com Privacy Policy. The right to use www.dalejr.com is personal to you and is not transferable to any other person or entity. Without limiting the generality of the foregoing, if www.dalejr.com offers you applications (e.g., mobile device application) or other features to download, you may only use the application or feature on a device that you own or control and such right to use the application or other feature shall be limited, non-exclusive, non-sublicensable and non-transferable. You are responsible for all use of your Account (under any screen name or password) and for ensuring that all use of your Account complies fully with the provisions of this Agreement. You shall be responsible for protecting the confidentiality of your password(s), if any. You agree not to use the account, username, or password of another User at any time. You agree to notify DEJ Management, LLC and NDM immediately if you suspect any unauthorized use of your Account or access to your password. You are solely responsible for all use of your Account and/or password.
The NDM Parties shall have the right at any time to change or discontinue any aspect or feature of www.dalejr.com, including, but not limited to, content, hours of availability, and equipment needed for access or use. The NDM Parties shall have the right at any time to change or modify the terms and conditions applicable to your use of www.dalejr.com, or any part pertaining to that, including these Terms of Use, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means determined by the NDM Parties, including, but not limited to, posting on and/or through www.dalejr.com or by electronic or conventional mail, or by any other means by which you obtain notice. Any use of www.dalejr.com by you after such notice shall be deemed to constitute your acceptance of such changes, modifications, or additions.
You shall be responsible for obtaining and maintaining all telecommunication devices, computer hardware and other services and equipment needed for access to and use of www.dalejr.com and all charges related to it. In addition, certain features that make up www.dalejr.com (e.g., www.dalejr.com device applications) may operate on or in connection with various products and services provided by various third parties, such as third party handsets, tablet devices, televisions, set top devices and other devices, and third party-provided Internet access services. Without limiting the generality of the disclaimers and limitations of liability stated elsewhere in this document, you acknowledge that DEJ Management, LLC does not control such third parties or their products or services and that DEJ Management, LLC shall not be responsible for such third parties or their products or services.
www.dalejr.com contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, and sound. The entire contents of www.dalejr.com are copyrighted as a collective work under the United States copyright laws. The NDM Parties (and/or its parents and/or affiliates) own copyrights in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works of, or in any way similarly exploit, any of the content, in whole or in part. To the extent expressly permitted at certain parts of www.dalejr.com (if any), you may download copyrighted material for your personal non-commercial use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of Spire and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by viewing or downloading copyrighted material. DEJ Management, LLC. and its affiliates and content suppliers expressly reserve all ownership and other rights (including, but not limited to, intellectual property rights) in their respective materials and no such rights are transferred to you. NDM, NASCAR and www.dalejr.com, and each of their logos, are trademarks of NASCAR and/or NDM and/or DEJ Management, LLC. All rights reserved. All other trademarks appearing on www.dalejr.com are the property of their respective owners.
www.dalejr.com may contain comments sections, discussion forums, bulletin boards, fantasy games or other interactive features (“Interactive Areas”) in which you may post or upload comments or user-generated content such as video, photos, messages, other content, materials, or items (collectively, “User Content”). You are solely responsible for your use of any Interactive Areas, and you use them at your own risk. Interactive Areas are available for individuals aged 13 years or older. By submitting User Content to an Interactive Area, you represent that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor or have obtained the legal consent of your parent or legal guardian to enter into this Agreement, submit content, participate on www.dalejr.com, and fulfill the obligations set forth in these Terms of Use, which form a binding contract between you and DEJ Management, LLC.
By submitting Materials (defined below) to and/or via www.dalejr.com, and in exchange for good and valuable consideration, the sufficiency and receipt of which you now acknowledge, you now grant to NDM and/or DEJ Management, LLC. a non-exclusive, perpetual, royalty-free, fully-paid, worldwide license to edit, telecast, rerun, reproduce, use, create derivative works of, modify, syndicate, license, print, sublicense, distribute and otherwise exhibit the Materials you submit, or any portion pertaining to that, in any manner and in any medium or forum, whether now known or hereafter devised. For the purposes of these Terms of Use, “Materials” means and includes all data, information, images, video, audio, pictures, sounds, files and/or any other content, materials and/or intellectual property.
Please choose carefully the Materials you post or otherwise submit to www.dalejr.com and/or that you provide to other Users. Except with respect to personal information (e.g., DOB, address) that you submit as part of registering for an account on www.dalejr.com and/or NASCAR.com (which shall be maintained in accordance with the www.dalejr.com and/or the NASCAR.com Privacy Statement), your submissions are non-confidential and Spire has no obligation to maintain the confidentiality of any Materials you submit. Without limiting the generality of the foregoing, Materials you choose to post and/or upload to www.dalejr.com will be viewed by other Users, so please do not post information, content or other Materials to which you do not wish other Users to have access.
You represent and warrant to DEJ Management, LLC. and/or NDM that: (i) you have the full legal right, power and authority to grant to DEJ Management, LLC and/or NDM the license provided for in these Terms of Use; (ii) you own or control, or the owner(s) of such materials (and of all rights in that) has/have expressly granted you the right to submit and use, the Materials you submit; (iii) neither the Materials you submit nor the exercise of the rights granted in this text shall infringe upon or violate any rights of any third party, including, but not limited to, any intellectual property rights and/or any rights of privacy or publicity and that you have the consent of each and every identifiable natural person in any submission to use such person’s name and/or likeness in the manner contemplated by www.dalejr.com; (iv) any person who appears in your submission who is a current member of the Screen Actors Guild (SAG), the American Federation of Television and Radio Actors (AFTRA) or any other similar rights society or organization is not entitled to compensation by www.dalejr.com; and (v) neither the Materials you submit nor the exercise of the rights granted in this text shall defame any other person or entity. Without limiting the foregoing, you agree to pay all royalties, fees, and any other monies owing any person or entity by reason of any Materials posted by you, to or through www.dalejr.com.
Any opinions, views, advice, statements, services, offers or other information or content expressed or made available by you or any third parties (e.g., other Users, professional information providers, etc.) are those of the respective author(s) or submitter(s) and not of the NDM Parties. THE NDM PARTIES DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT, NOR ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Users are solely responsible for anything contained in their submissions, message board and/or chat sessions. The NDM Parties do not verify, endorse, or otherwise vouch for the contents of any submission, message board or chat room. Users may be held legally liable for the contents of their submissions, message board and chat sessions, and may be held legally liable if their submissions or chat sessions include, for example, material protected by copyright, trademark, patent or trade secret law or other proprietary right without permission of the author or owner, or defamatory comments. The NDM Parties reserve the right, in its sole discretion, to reject, to refuse to post and/or to remove any posting (including private messages) by you, for any or no reason, with or without prior notice, and without liability on the part of the NDM Parties.
The NDM Parties do not accept or consider business and/or programming proposals and/or similar suggestions and/or materials (“Proposals”) other than those they have specifically requested. This is to avoid the possibility of future misunderstandings when projects independently developed by any of the NDM Parties might seem to others to be similar to their own proposals or suggestions. If you do send or post any Proposals, including related ideas, notes, drawings, concepts or other information, or if you transmit them through www.dalejr.com by electronic mail or otherwise, the Proposals shall be deemed, and shall remain, the property of the NDM Parties. None of the Proposals shall be subject to any obligation on the part of any of the NDM Parties to use the Proposals or keep them confidential and none of the NDM Parties shall be liable for any use or disclosure of any Proposals. The NDM Parties shall exclusively own any now known or hereafter existing rights to the Proposals of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Proposals for any purpose whatsoever, commercial, or otherwise, without compensation to the provider of the Proposals.
By participating in an Interactive Area, you acknowledge that the fact and elements of your participation will be publicly available on www.dalejr.com to other www.dalejr.com and/or NASCAR.com Users and may be included in the search results of Internet search engines (e.g., Google and Bing, etc.). For example, if you comment on a story, play a fantasy game, enter a public chat or interact with www.dalejr.comand/or NASCAR.com in any other way, unless otherwise noted, your interactions will be published live on the www.dalejr.com and/or NASCAR.com newsfeed and maintained in your public profile. If you do not want your participation listed on the news feed or included in the search results of Internet search engines, do not interact with www.dalejr.com and/or NASCAR.com.
By viewing www.dalejr.com and/or NASCAR.com or participating in the Interactive Areas, you agree to the following:
§ Names may not be offensive, sexually explicit, vulgar, racist, hateful, obscene, defamatory, or any other language that is offensive in nature (including common swear words, names concerned with anatomical references, and intentional misspellings, anagrams, combinations, and homonyms of these words).
§ Names may not be used that harass or damage the reputation of another user, DEJ Management, LLC, NDM or NASCAR employees or agents.
§ Names may not be a name or handle of any DEJ Management, LLC, NDM or NASCAR employees or agents.
§ Names may not include any unlawful reference to trademarked names, materials, or products.
§ Names may not incorporate names of other people, including drivers, crew chiefs, broadcast talent, actors, celebrities, or other personalities or individuals in a manner that creates confusion or false affiliation.
§ Names may not be religiously or historically sensitive.
§ Names may not have a title or rank within them suggesting affiliation with DEJ Management, LLC, www.dalejr.com, NDM, NASCAR or NASCAR.com.
§ Names may not contain a phrase, sentence, or any fragment of a sentence.
§ Names may not include any telephone numbers, credit card numbers, social security numbers, street addresses, or email/instant message addresses other than your own (and www.dalejr.com and NASCAR.com strongly recommend that you not use your own either).
§ Names may not use misspellings or alternative spellings of names that violate any of the rules above.
§ You agree not to upload, post, or otherwise transmit any User Content that violates or infringes in any way the rights of others, including any statements that may defame, harass, stalk, or threaten others.
§ You agree not to upload, post, or otherwise transmit any User Content that is offensive to the online community, including blatant expressions of bigotry, racism, abusiveness, vulgarity, or profanity.
§ You agree not to upload, post, or otherwise transmit any material that contains or advocates profane or obscene material as determined in any of the NDM Parties’ discretion.
§ You agree not to upload, post, or otherwise transmit any User Content that violates any law or engage in activity that would constitute a criminal offense or give rise to a civil liability.
§ You agree not to upload, post, or otherwise transmit any User Content that advocates or provides instruction on illegal activity or discuss illegal activities with the intent to commit them.
§ You agree not to upload, post, or otherwise transmit User Content that does not generally pertain to the designated topic or theme of any Interactive Area.
§ You agree not to impersonate any person or entity, including, but not limited to, any Spire, www.dalejr.com, NASCAR, NDM, NASCAR.com, racing teams, racing or www.dalejr.com and/or NASCAR.com sponsors, employee or associated persons, or falsely state or otherwise misrepresent your affiliation with any person or entity.
§ You agree not to interfere with any other User’s right to privacy, including by harvesting or collecting personally-identifiable information about www.dalejr.com and/or NASCAR.com Users or posting private information about a third party.
§ You agree not to upload, post, or otherwise transmit any User Content, software or other materials that contain a virus or other harmful or disruptive component.
§ You agree not to interfere with or disrupt www.dalejr.com and/or NASCAR.com or the servers or networks connected to www.dalejr.com and/or NASCAR.com, or disobey any requirements, procedures, policies or regulations of networks connected to www.dalejr.com and/or NASCAR.com.
§ You agree not to upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
§ You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of www.dalejr.com and/or NASCAR.com, use of www.dalejr.com and/or NASCAR.com, or access to www.dalejr.com and/or NASCAR.com.
Any conduct that the NDM Parties determine, in the NDM Parties’ sole discretion, restricts or inhibits anyone else from using or enjoying www.dalejr.comand/or NASCAR.com will not be permitted. The NDM Parties reserve the right in its sole discretion to remove or edit User Content by you and to terminate your Account for any reason. The NDM Parties are not responsible for User Content submitted to www.dalejr.com and/or NASCAR.com or posted in comments sections, chat rooms, on bulletin boards or on other Interactive Areas by users of www.dalejr.com and/or NASCAR.com.
The NDM Parties may run advertisements and promotions from third parties on www.dalejr.com and/or NASCAR.com. Your business dealings or correspondence with, or participation in promotions of, advertisers other than the NDM Parties, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. The NDM Parties are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on www.dalejr.com and/or NASCAR.com.
The NDM Parties may offer you opportunities to vote in connection with certain events and to participate in contests, sweepstakes, or other promotions. By participating in any such event, you signify your agreement to all special terms set forth on or in connection to the event as well as the terms of this Agreement.
IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
You shall defend, indemnify and hold harmless the NDM Parties and their respective directors, officers, shareholders, members, employees, agents, third-party content providers, vendors and licensors from and against all claims, damages, losses and expenses, including attorneys’ fees, arising out of the use of www.dalejr.com and/or NASCAR.com by You, and/or arising out of use of Your Account (whether or not by You), and/or arising out of Your other acts or omissions. The NDM Parties reserve the right to take over the exclusive defense of any claim for which the NDM Parties are entitled to indemnification under this Section. In such event, you shall provide the NDM Parties with such cooperation as is reasonably requested by the NDM Parties.
The NDM Parties may change, suspend or discontinue any aspect of www.dalejr.com and/or NASCAR.com at any time, including the availability of any feature, database, or content. The NDM Parties may also impose limits on certain features and services or restrict your access to parts or all of www.dalejr.com and/or NASCAR.com without notice or liability at any time in the NDM Parties’ sole discretion, without prejudice to any legal or equitable remedies available to the NDM Parties, for any reason or purpose, including, but not limited to, conduct that the NDM Parties believe violates these Terms of Use or other policies or guidelines posted on www.dalejr.com and/or NASCAR.com or conduct that the NDM Parties believe is harmful to other customers, to the NDM Parties’ business, or to other information providers. Upon any termination of these Terms of Use, you shall immediately discontinue your use and access of www.dalejr.com and/or NASCAR.com and destroy all materials obtained from it. The provisions reasonably necessary to effectuate the intent hereof post termination shall survive.
The content, data, video, and all other material and features on www.dalejr.com and/or NASCAR.com are presented for the purpose of providing entertainment, news and/or information and/or promoting programs, films, music, games, and other products and/or services that are or may become available in the United States, its territories, possessions, and protectorates.
Any and all disputes, claims and controversies arising out of or in connection with your access to, and/or use of www.dalejr.com and/or NASCAR.com, and/or the provision of content, services, and/or technology on or through www.dalejr.com and/or NASCAR.com shall be governed by and construed exclusively in accordance with the laws and decisions of the State of Florida applicable to contracts made, entered into and performed entirely in it, without giving effect to its conflict of laws provisions, and the courts in the State of Florida shall be the exclusive forum for any disputes.
PLEASE READ THIS SECTION CAREFULLY -- IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
You agree that you will not sue any of the NDM Parties and NASCAR (individually and collectively, “Company Entities”) as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any class, consolidated, or representative proceeding (existing or future) brought by any third-party against Company Entities. Nothing in this section, however, limits your rights to bring a lawsuit as an individual plaintiff.
If any court determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason, then the disputes, claims or controversies must be litigated in federal court located in Volusia County, Florida.
The terms of this provision will also apply to any claims asserted by you against any past, present or future parent or affiliated company of the Company Entities, person or entity for whose actions the Company Entities could be liable, or any person or entity involved in creating, producing or distributing www.dalejr.com and/or NASCAR.com, including, without limitation, third-party content providers, vendors and licensors, to the extent that any such claims arise out of your access to, and/or use of www.dalejr.com and/or NASCAR.com, and/or the provision of content, services, and/or technology on or through www.dalejr.com and/or NASCAR.com.
Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff in court.
These Terms of Use, including the Privacy Policy, and any operating rules for www.dalejr.com and/or NASCAR.com established by the NDM Parties, constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of these Terms of Use are for the benefit of the NDM Parties, present or future parent or affiliated companies of any of the NDM Parties, and any person or entity involved in creating, producing or distributing www.dalejr.com and/or NASCAR.com, including, without limitation, third-party content providers, vendors and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. If you access www.dalejr.com and/or NASCAR.com, including its Interactive Areas, from any location other than the United States, you accept full responsibility for compliance with all local laws. You are also subject to United States export controls and are responsible for any violations of United States embargoes or other federal rules and regulations restricting exports. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of these Terms of Use is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these Terms of Use will remain binding upon the parties. The section headings used in this text are for convenience only and shall not be given any legal import.
Neither the NDM Parties nor you shall be liable for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, terrorism, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
The NDM Parties respect the rights of all copyright holders and in this regard, the NDM Parties have adopted and implemented a policy that provides for the termination in appropriate circumstances of Users and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide NDM’s Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. Section 512:
For copyright inquiries under the Digital Millennium Copyright Act please contact:
NASCAR Digital Media, LLCCopyright Agent – Legal DepartmentOne Daytona BoulevardDaytona Beach, FloridaEmail: [email protected] and [email protected]
For purposes of this Agreement, (a) the words “include,” “includes” and “including” are deemed to be followed by the words “without limitation”; (b) the word “or” is not exclusive (e.g., for a list of two alternatives, “or” means either of those alternatives or both alternatives); (c) words denoting the singular have a comparable meaning when used in the plural, and vice-versa.
For web posting, reprint, transcript, or licensing requests for DEJ Management, LLC, NDM or NASCAR material, please contact [email protected].
For any questions or requests other than copyright issues or licensing requests, please contact [email protected].
These Terms of Use were last updated [08/27/2024].
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