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End User Software License Agreement v1.1 September 2013
Virtual Racing Industries bv, the Netherlands
The software (including updates and all possible content used by the software) you (can) download from any of the official VRC websites or has been made available to you in any other way (hereafter referred to as “Software”) and the software and web services obtained from the VRC web sites (Software and web services combined called the "Service"), are protected by copyright laws and international treaty and are owned by VIRTUAL RACING INDUSTRIES bv (hereafter referred to as "VRI"), a limited liability company under the laws of the Netherlands. Virtual RC Racing, VRC, iVRC and VRC Pro are (registered) trademarks of VRI. VRI holds domain registrations including, but not limited to, virtualrc.com, vrcpro.com, vrcworld.com, ivrc.com (hereafter referred to as the “VRC websites”).
VRI retain title to the Service, and all intellectual property rights therein. Unauthorized reproduction or distribution of the Service is subject to civil and criminal penalties.
VRI is willing to license the Service to you and open your VRC Pro member account (hereafter referred to as the “Account”) under the condition that you (i) complete the user account registration, (ii) accept all of the terms and conditions in the License Agreement ("Agreement") between you (either an individual end-user or an entity) and VRI which is written below and (iii) accept the Privacy Policy rules of VRI.
By pressing the "I accept" button you accept the User Account Registration and the terms and conditions of Agreement below. If you do not agree to the User Account Registration and/or the terms and conditions of this Agreement, and/or the VRI Privacy Policy, press the "I do not accept" button. If you have already downloaded the Software or obtained the Software in any other way, you must then stop using the Software and destroy any copies of the software in your possession or control.
If you are acquiring the Service on behalf of another person or entity, you represent and warrant that you have the authority to bind the party or entity for which you are acquiring the Software to the terms and conditions of the Agreement.
License Agreement
1. In order to register for the Service, you must be an adult according to the laws of the jurisdiction (i.e. state or country) in which you reside. If you wish to use the Service and you are not an adult, you must have a parent or guardian register for the Service on your behalf. By registering for the Service, you are making a representation to VRI that you are an adult in the jurisdiction in which you reside and that you agree to this Agreement on behalf of yourself and, at your discretion, for one (1) minor child for whom you are a parent or guardian and whom you have authorized to use the account you create to use the Service. In any event, the Service is not designed for minors under the age of thirteen (13), so minors under the age of 13 should be discouraged to use the Service or only under parental guidance.
2. Subject to the terms and conditions of this Agreement, VRI grant to you a non-exclusive, non-transferable and revocable license to install and use the Software on up to two (2) computers, which must be under your legitimate control at any one time. Accounts may not be purchased, sold or traded, or offer to do this on behalf of a third party. Any such attempt will be null and void. Installation of software on a network server is prohibited. Software may only be used for personal, non-commercial leisure, training and educational purposes. No other rights on whatsoever name are granted. You may re-install Software on another computer under the same conditions of this License, under the explicit condition that Software is removed from the original computer.
3. The Software contains copyrighted material and trade secrets of VRI and its licensors. VRI and its licensors shall retain al rights, title and interests including the ownership of all intellectual property rights relating to the Software and copies thereof. You agree that neither you nor a third party acting on your behalf will:
- modify or change the Software or create derivative works of the Software in whole or in part;
- de-compile, disassemble or reverse engineer the Software in whole or in part;
- use the Software in any manner to provide computer services to third parties or facilitate, host, link to or provide any other means through which the Software can be played by others, such as through server emulators;
- transmit the Software in whole or in part, over the Internet;
- sublicense or otherwise transfer on whatsoever title, the Software to a third party;
- ever acquire or obtain any intellectual property rights of any kind in or to the Software in whole or a part.
All names and logos in the Software are either the (registered) trademarks of VRI, Microsoft or the property of their respective owners. The absence of a product name or logo on the web site or in the Software does not constitute a waiver of the intellectual property rights of VRI, Microsoft or third parties, concerning that name or logo.
4. You declare that you are aware that before you can use the Software and your Account you must have obtained the Software installation package either as a download, which VRI (or a third party authorized by VRI) provides, have verified to have a computer, monitor and controller suitable to run and play the Software and have a suitable Internet connection (none of which VRI provides with the Service) to create and access your Account. Furthermore you declare that you have received the Software installation package from authorized websites or through a VRI-authorized promotional offer such as a CD-Rom bundled with, but not limited to, an r/c car magazine or r/c car product.
5. This Agreement can be terminated by VRI at any time. If VRI makes a request via public announcement (including from its web sites) or press release, to stop using the copies of the Software, you will comply immediately with that request and the copies of the Software in your possession or control must be destroyed. VRI is entitled to terminate this Agreement, inactivate your account and/or suspend your account, without being obliged to (pro rated) refund of any prepaid amounts, immediately and without (prior) notice if you breach this Agreement or infringe any third party intellectual property rights, and in case we are unable to verify or authenticate any information you provide to us. In case of termination you have no longer access to your Account and the copies of the Software in your possession or control must be destroyed. After termination of this Agreement the provisions of paragraph 18,19,20 and 21 in this Agreement will survive.
6. In case of termination of the Agreement or inactivation of your Account VRI does not give full or partial refunds for any VRC Racing subscription period that you have paid for in advance, for any VRC content purchased or any virtual cash (vEuros) remaining in your account. In case of inactivation of your Account you have no longer access to your Account, nor will any personal information be posted on the website, with the exception of:
- race, series and ranking results scored prior to the inactivation of the Account
- Time trial results scored prior to the inactivation of the Account
- Multi-player run results scored prior to the inactivation of the Account
- forum entries and other publicly available information posted prior to the inactivation of the Account
7. All fees mentioned on the VRC Websites are stated in Euros (€) unless otherwise specified. All fees are prepaid and non-refundable. Fees and prices include 21% of value added tax as mandatory under Netherlands and European tax laws. Electronic software purchases made through the VRC e-shop are registered in and linked to your Account and are non-refundable. You will receive a confirmation of all your purchase(s) by e-mail.
8. Hardware purchases made through the VRC e-shop are subject to a one-year warranty. Products considered DOA (Dead on Arrival) must be reported to VRI "DOA" within 31 calendar days of the purchase date, by e-mail (sales@virtualrc.com).
VRC hardware is considered DOA if it shows symptoms of hardware failure which prevents basic operability upon its first use. VRI may require the VRC hardware to be returned for examination. The DOA declared VRC hardware and hardware replaced under warranty will be replaced free of charge.
9. To obtain a VRC Account, you will be required to enter your REAL first and last name, a valid e-mail address and password. Before your account becomes active you must successfully reply to the account activation e-mail from VRI which will be sent to the e-mail address entered with your Account. VRI is entitled, and you acknowledge this, to verify your name information in order to validate your account. You may not use a name that belongs to another person, relates to websites or email addresses, is obscene or offensive to other persons, is abusing the name of existing persons, violates anyone's trademarks, publicity rights or other proprietary rights.
You acknowledge that your real name as registered in your Account will be displayed in full to other users of the Service and you hereby consent to such display of your name in any part of the Service including, but not limited to, results, forums, website and e-mail communications. You agree to handle your personal information as described in our Privacy policy. If you are authorizing a minor child to use the Service you must not provide to vrcworld.com any personal information about such child.
10. Your e-mail address will be used as your unique login name. During the account registration process you will be required to enter a password. You may not disclose your password to any third party. You are responsible for maintaining the confidentiality of your password and you will be responsible for all uses of your password, whether or not authorized by you. VRI never asks you for your password by telephone or email, and you should not disclose it this way if someone asks you to do so. Although VRI may offer a feature that allows you to "save" or "remember" your password on your hard drive, please note that by using this feature third parties may be able to access your computer and thus your Account. Unauthorized use or disclosure of your password should be immediately reported to VRI by e-mailing to support@virtualrc.com.
11. You acknowledge that unless you request otherwise in your Account section of the VRC Websites by clicking on the box to not automatically renew, your subscription will automatically renew at the end of your subscription period and you will be charged for the renewal fee. For manually recurring subscription payments you will be notified by e-mail 2 weeks prior to the expiration date of the subscription period.
12. Your Account gives access to the VRC Websites member area (specifically vrcworld.com) of VRI and provides the possibility to upload content to our servers in various forms (hereafter referred to as “User Content”). You guarantee that the User Content shall not: (i) infringe any third party intellectual property, other proprietary or publicity/privacy rights; (ii) violate any law or regulation; (iii) be defamatory, obscene, pornographic, child pornographic or harmful to minors; or (iiii) contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. VRI may take any action with respect to your User Content if we believe it may create liability for VRI or may cause VRI to lose (in whole or in part) the services of our ISPs or other suppliers.
While uploading the User Content you transfer to VRI a worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise all intellectual property rights, in any media now known or not currently known, associated with your Content, which transfer hereby is accepted by VRI. Additionally, the User Content may include certain optional voice or video communication features that you may choose to use. If you use these voice or video communication features, if any, to send or receive voice or video messages through the Service, you agree that (i) you will not receive or send any User Content in violation of this Agreement, (ii) you will hold VRI free and harmless against any claims of yourself or third parties concerning the User Content transmitted by you, and (iii) VRI is not responsible for any use of such features by any other users or third parties, including without limitation, uses that may result in unauthorized access or damage to your computer and/or the information stored there. Furthermore you guarantee not to take any action which imposes an unreasonable or disproportionately large load on our infrastructure.
13. Information and materials submitted to the VRC Websites, such as any comments, feedback, ideas, questions, designs, data or the like regarding or relating to the Service or the business of VRI (collectively "Feedback"), will be considered non-confidential and non-proprietary with regard to you, but VRI reserves the right to treat any such Feedback as the confidential information of VRI. For this reason, we ask you not to send us any information or materials that you do not wish to assign to us, including, without limitation, any confidential information or any original creative materials such as product ideas, computer code, or original artwork. By submitting Feedback to the VRC Websites, you assign to VRI, subsidiaries, and affiliates, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in such Feedback.
VRI will be entitled to use any Feedback you submit to it, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing, marketing and selling products and services using such Feedback, without restriction and without compensating you in any way. You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, their truthfulness and accuracy.
14. VRI may communicate with you through personal or automated e-mail notifications and through internal messaging on the VRC Websites about general VRC, racing or product information. VRI offers you the possibility to opt out from receiving such e-mails in your Account under e-mail preferences. By participating in on-line VRC events you agree to transfer to, and store on VRC servers race results and racing data, including but not limited to lap and section times, pit stops, repairs, racing incidents, use of marshals and product configurations, and you give permission to VRI to use your race results and racing data for statistical purposes and publish your product selections with the results published on the VRC website, and to share product preferences and use with VRC partners, sponsors, advertisers and affiliates directly related to VRC or the event. VRI will not share any information that will personally identify you to such 3rd parties without your authorization.
15. Using your Account VRI cannot ensure that your private communications and other personally identifiable information will not be disclosed to third parties. For example, VRI may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Additionally, VRI can (and you authorize us to) disclose any information about you to private entities, law enforcement or other government officials as VRI, in our sole discretion, believe necessary or appropriate to investigate or resolve possible problems or inquiries. Furthermore, if you request any technical support, you consent to our remote accessing and review of the computer you load the Software onto for purposes of support and debugging. You agree that VRI may communicate with you via email and any similar technology for any purpose relating to the Software and any services or software which may in the future be provided by us or on our behalf.
16. For the purpose of patching and updating the Software, you hereby give VRI permission and the irrevocable right to (i) download Software and file information from the Software directory and (ii) upload Software to you. You acknowledge that any and all data is stored and is resident on our servers, and any and all communications that you make (including, but not limited to, messages solely directed at another player or group of players) traverse through our servers, which might be monitored by VRI’s personnel. You declare that you have no expectation of privacy in any such communications and you expressly consent to monitoring of communications that you send and receive.
17. VRI and its suppliers provide the Software to you on a “as is” basis. VRI and its suppliers hereby expressly disclaim all warranties of any kind including but not limited to (i) the implied warranty of fitness of the Software for whatsoever purpose, (ii) non infringement of third-party rights with respect to the Software and (iii) the continuous, error-free, secure or virus-free operation of the Software. You understand that VRI may update or otherwise enhance the Software at any time and in doing so incur no obligation to furnish such updates to you pursuant to this Agreement. VRI may close down its servers and Services for scheduled and incidental maintenance of the Service. You acknowledge and accept temporary interruptions of the Services due to, but not restricted to, maintenance work activities on VRI, partners and third party servers.
18. In no event VRI or its suppliers can be held liable under this Agreement or on any other ground, for any costs, damages or substitute products or services, loss of profits, loss of information or data or any other direct, indirect, consequential of incidental damages arising in any way out of the possession, use or inability to use or malfunction of the Software or (delay or failure of any performance of) your Account, even if VRI or its suppliers has been advised of the possibility of such damages.
19. This Agreement constitutes the entire agreement between the parties with respect to the use of the Software and Services, and supersedes all prior or contemporaneous communications or agreements, written or oral, regarding such subject matter. VRI may, in its sole discretion, modify portions of this Agreement at any time. VRI may notify you of any changes by posting notice of such modifications on VRC Websites or sending notice via e-mail, or other means such as a communication to you at the time you log into your account. Your continued use of the Software and Services following notice of such modifications shall be deemed to be your acceptance of any such modifications to the Agreement. If you do not agree to any such modifications, you must immediately stop using the Software and destroy all copies of the Software in your possession or control.
20. All rights not expressly granted herein are reserved.
21. This Agreement will be governed by and construed in accordance with the laws of the Netherlands. The UN Convention on Contracts for the International Sale of Goods (or any other treaty) is not applicable to this Agreement. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
VRC PRO ® Privacy Policy
v1.0 September 2011
Virtual Racing Industries bv, the Netherlands
The VRC PRO Privacy Policy explains how Virtual Racing Industries bv ("VRI") protects and safeguards the privacy of the users of its online r/c car racing simulator software (referred to as the "Software"), game related services and web sites (referred to collectively in this Privacy Policy as the "VRC Service"). This Privacy Policy is a part of and incorporated into our VRC Pro end-user agreement ("Agreement"). By using the VRC Service, you are demonstrating your consent to the use of your information as described in this Privacy Policy.
If you have questions regarding this Privacy Policy, you should first contact VRI at support@virtualrc.com.
Personal information collected by the VRC Service
VRI distinguishes 2 types of information that is being collected depending on your use of the VRC Service:
- non-personally identifiable information
- personally identifiable information.
Non-personally identifiable information
Non-personally identifiable information is information that by itself cannot be used to identify or contact you, such as demographic information (like age, profession or gender). Non-personally identifiable information may also include member IP addresses, browser types, domain names, and other anonymous statistical data involving the use of the VRC Service.
Personally identifiable information
Personally identifiable information is information that identifies you or can be used to identify you or contact you. Such personal information may include your name, address, email address, telephone number and birth date. Birth date information is primarily for eligibility purposes. In all of these cases, we will collect personally identifiable information from you only if you voluntarily submit the information to us. We may also receive personally identifiable information about you from third parties providing credit and debit card authorization and fraud screening services as part of your use of such service. Unless you give us permission to do so, we will not sell, share, license, trade or rent your personally identifiable information other than as specified in this Privacy Policy.
Where and when is information collected on the VRC Service?
Information you must disclose during registering as a member
During member registration, you will be required to provide us with information (personally identifiable and non-identifiable information) such as name, postal address and email address. We do not ask you to provide billing information. We may also receive personally identifiable information about you from third parties providing credit and debit card authorization and fraud screening services as part of the registration process. This information is necessary for our provision of the VRC Service and is also used to help us understand who uses the VRC Service, to improve the VRC Service, to contact members about the VRC Service and/or for billing purposes.
Information you voluntarily disclose to the VRC Service
In using certain features of the VRC Service, such as member forums, personal messaging, scraps and chats, you may voluntarily make your information available to other users of the VRC Service.
VRI also collects non-personally identifiable information passively using cookies and so called action tags.
“Cookies” are small text files that are placed on your computer in order to identify your web browser and the activities of your computer on the VRC Service and other web sites. In order to use the VRC Service, your web browser must be set to accept cookies. Most web browsers are initially set to accept cookies. Cookies are used to personalize your experience on the VRC Service (such as dynamically generating content on web pages specifically designed for you), to assist you in using the VRC Services (such as saving time by not having to re-enter your name upon each visit to the VRC Service), and to allow us to statistically monitor how you are using the VRC Service to help us improve our online services.
"Action tags," also known as web beacons or gif tags, are a web technology used to help track web site usage information, such as how many times a specific page has been viewed. Action tags are invisible to you, and any portion of the VRC Service, including advertisements, or email sent on our behalf, may contain action tags.
By using cookies and action tags together, VRI may gain valuable information to improve the VRC Service. VRI does not disclose any of your personally identifiable information to our advertising partners.
Finally, you should be aware that partners, sponsors, advertisers and other third parties may also use their own cookies or action tags when you click on their advertisement or link to their web sites or Services on or from the VRC Service. This Privacy Policy does not govern the use by such third-party web sites or services or providers of third-party advertising.
Internet log files
VRI collects non-personally identifiable information through the Internet log files, which record data such as member IP addresses, browser types, domain names, and other anonymous statistical data involving the use of the VRC Service. This information may be used to analyze trends, to administer the VRC Service, to monitor the use of the VRC Service, and to gather general demographic information. VRI may link this information to personally identifiable information for these and other purposes such as personalizing your experience on the VRC Service and evaluating our services in general.
Software log files
VRI collects non-personally identifiable information through Software log files which record data from on- and off-line sessions such as component usage, exposure time, track id, lap times, positions, pit stop, refueling, adjustments, repairs, driving incidents, pit table configurations and other anonymous statistical data involving the use of the Software. This information will be used to generate race results, diagrams and diagram markers, to generate statistical data for analysis and commercial usage, and commercial information relevant to our partners, affiliates and advertisers. Personal identifiable racing data information may be published on the VRC Websites. VRI may use all or part of the non-identifiable software log file data to promote the Service to their partners and advertisers.
Minor children policy
Virtual RC Racing is a simulation of radio controlled model car racing. Radio controlled model cars are widely used and played by children under 13 year of age. The Software can therefore be played by persons from the age of 7. The VRC Service (software and web services combined) is not designed for or directed to children under the age of 13 although with parental guidance children from the age of 7 could use our Software as a training tool. We strongly advise children of under 13 years of age not to engage in any community services. VRI is committed to protecting the privacy of children. We do not collect personally identifiable information from any person we actually know is under the age of 13.
Also, in order to become a member of the VRC Service, you must be an adult according to the laws of the jurisdiction (i.e., state or country, as the case may be) in which you reside. If you are not an adult, if you wish to use the VRC Service you must have a parent or guardian enroll to use the VRC Service on your behalf. If you authorize a minor child for whom you are a parent or guardian to use the account you create to use the VRC Service, you should not provide us with any personally identifiable information about such child. As a parent or guardian you are responsible to monitor and guide the contributions of the minor child to the VRC websites.
Laws and Legal Rights
We may disclose your information (including personally identifiable information) if we believe in good faith that we are required to do so in order to comply with an applicable statute, regulation, rule or law, a subpoena, a search warrant, a court or regulatory order, or other valid legal process. We may disclose personally identifiable information in special circumstances when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating the VRC Agreement terms, or to protect the safety and/or security of our members, VRI or the general public.
Third Parties Generally
We will not provide your email address to third parties for such third parties to contact you about their products, services, information and news that may be of interest to you.
We may provide to third parties information about you that does not allow you to be identified or contacted, including where such information is combined with similar information of other members of the VRC Service. For example, we might inform third parties regarding the number of unique members who visit the VRC Service, the demographic breakdown of our enrolled members of the VRC Service, the products and/or services purchased using the VRC Service, the products selected and used with the Software including exposure time, and the vendors of such products and services. The third parties to which we may provide this information may include potential or actual advertisers, providers of advertising products or services (including vendors and web site tracking services), commercial partners, sponsors, affiliates, licensees, researchers and other similar parties.
Outside Contractors
VRI may employ independent contractors, vendors and suppliers (collectively, "Outside Contractors") to provide specific services and products related to the VRC Service, such as hosting and maintaining the VRC Service, providing credit card processing and fraud screening, and developing applications for the VRC Service and e-mail services. In the course of providing products or services to us, these Outside Contractors may sometimes require and have limited access to information collected on the VRC Service, including your personally identifiable information. We also require that these contractors (1) protect the privacy of your personally identifiable information consistent with this VRC Pro Privacy Policy, and (2) not use or disclose your personally identifiable information for any purpose other than providing us with the products or services for which we contracted.
VRC PRO Partners
In addition, through the VRC Service, you may be given the opportunity to purchase (or to obtain more information regarding) certain content, products or services that are offered by parties other than us (collectively, "Partners"). We will attempt to make it clear to you when you are dealing with a Partner by opening a new browser or otherwise notifying you that you are leaving the VRC Service. For example, if you select a clickable 3D object in the Software and decide to click on the web link provided, then you are likely on, or about to enter, a web site hosted or operated by a person or company other than us. Partners may request that you submit certain information to them in order to purchase their products or services or to obtain additional information from them. By submitting the requested information, you affirmatively consent to have that information shared with the Partner. This information is used by the Partner and may be subject to a different privacy policy. We are not responsible for the privacy practices of Partners. We encourage you to be aware when the VRC Service links to Partners’ web sites and to read the privacy policies or statements of each and every Partner web site. This Privacy Policy applies solely to information collected by the VRC Service.
Sale of Business
As with any business, your personal information is also an asset of VRI and will become part of our normal business records. As such, we reserve the right to transfer information to a third party in the event of a sale, merger or other transfer of all or substantially all of the assets of VRI or the line of business that the VRC Service falls under.
By using the VRC Service, you signify your acceptance of this privacy policy. If you do not agree to this privacy policy, you should not use the VRC Service. Your continued use of the VRC Service following the posting of changes to this privacy policy will mean that you accept those changes.
QUESTIONS AND ANSWERS
Q: Will other members of the VRC Service have access to my information?
A: In order to discourage misuse of the VRC Service, except in extraordinary circumstances as agreed to by VRI in its sole discretion, all members of the VRC Service will be identified to other members of the VRC Service by their real names (or variations of their names, such as their names followed by a numeral), not by user names, aliases or other similar devices. By using the VRC Service you consent to the display of your real name to other members.
Also, if you voluntarily make your information available when using certain features of the VRC Service, such as member forums, message boards, and chats, this information will be accessible to other members of the VRC Service. Additionally, when posting race results, we may include certain geographical information about the listed members, such as what countries, states, provinces and/or cities the members are located in. With this information, other members of the VRC Service could use publicly available resources to discover additional personally identifiable information about you, such as your address and phone number. Except as described in this Privacy Policy, we will not disclose your personally identifiable information to other members of the VRC Service.
Members of the VRC Service are free to contact each other using specially designed social network features on VRC Websites and may exchange personal identifiable information on a voluntary basis among each other, for which VRI does not bear any responsibility.
Q: What does VRI do with the information it collects?
A: In general, VRI uses the information collected on the VRC Service to provide the VRC Service to you and process your transactions, to help VRI understand who uses the VRC Service, to improve the VRC Service, and to contact you for customer service and billing purposes.
VRI may use your information to send you a welcoming email that may confirm your name and password. VRI may also send you electronic newsletters, contact you about VRI products, activities, services, information and news that may be of interest to you, provide you with other marketing materials, and provide you with targeted feedback. If you no longer desire to receive these communications, we will provide you with the option to “opt out.” In addition, if you identify yourself to us by sending us an email with questions or comments, we may use your information (including personally identifiable information) to respond to your questions or comments, and we may file your questions or comments for future reference. We may also use the information collected to send you important service announcements and updates regarding the VRC Service or, if you are a member, about your billing account status. You will not be able to unsubscribe from these service announcements and updates as they contain important information relevant to your use of the VRC Service.
VRI may also use the information gathered on the VRC Service to perform statistical analysis of member behavior and/or to evaluate and improve our VRC Services. We may link some of this information to personally identifiable information for internal purposes only or to improve your experience with the VRC Service.
Q: Does VRI collect and store billing information?
A: VRI does NOT collect and store credit card billing information on its servers. All PayPal and credit card transaction services are provided by PayPal and/or other third party payment service providers and processors, and are executed under their supervision and responsibility, on their own servers and using their own specific software services. VRI bears nor accepts any legal responsibility for the security of these services.
Q: When does VRI disclose information to third parties?
A: Except as set forth in this Privacy Policy or as specifically authorized by you, we will not disclose any personal identifiable information we gather from you on the VRC Service.
Q:Does the VRC Pro Privacy Policy apply when I link to other websites from within the VRC Service?
A: The VRC Service contains links to web sites not owned or operated by VRI (for example, if you "click" on a banner advertisement in the VRC Service or on a commercial object in the Software, you will likely be taken off the VRC Service). However, please be aware that we are not responsible for the privacy practices of such web sites. We encourage you to be aware when the VRC Service links to other web sites and to read the privacy policies or statements of each and every web site. This Privacy Policy applies solely to information collected by the VRC Service.
Q: Is the information collected on the VRC Service secure?
A: We want your information (including personally identifiable information) to remain as secure as possible. We strive to provide secure transmission of your information from your computer to our servers through industry-standard techniques. To help ensure the integrity and privacy of the personally identifiable information you provide to us via the Internet at the time you elect to become an enrolled member or subscribe to our VRC Services, we use Secured Socket Layer (SSL) encryption technology in transmitting such personally identifiable information over the Internet to our servers. We secure the personally identifiable information you provide on servers located in controlled, secure environments, protected from unauthorized access, use, or alteration. Only employees and contractors who need access to your information to perform a specific task or function are granted access to such information. In addition, all VRI employees and outside contractors must abide by this Privacy Policy and are kept up-to-date on security practices. Any employee or outside contractor who violates this Privacy Policy is subject to disciplinary action, including termination.
Notwithstanding the above commitments to protect your information (including personally identifiable information) from loss, misuse or alteration by third parties, you should be aware that there is always some risk involved in transmitting information over the Internet. There is also some risk that others could find a way to compromise our security systems. As a result, while we strive to protect your information, we cannot ensure or warrant the security and privacy of any information you transmit to us, and you do so at your own risk.
Q: What choices do I have regarding the collection, disclosure and distribution of personally identifiable information?
A: Except as otherwise described in this Privacy Policy, we will only use personally identifiable information for the purposes described above or as otherwise disclosed at the time we request such information from you. You may change your preference and "opt-out" of receiving such communications by changing that option on your VRC World Profile page, following the directions provided in association with the communication, or by contacting support@virtualrc.com.
Q: Can I update or correct my personally identifiable information?
A: You can update certain parts of your personal identifiable data in your Profile page on the VRC Website. Your name and country can only be changed upon request and under certain conditions to prevent account transfer. Address data can be maintained by yourself. Changing your e-mail address is subject to a verification process to verify that the e-mail address is unique in the VRI database and that it belongs to you.
You have the right to request the restriction of certain uses and disclosures of personally identifiable information as follows. You can contact us in order to (1) update or correct your personally identifiable information, (2) change your preferences with respect to communications and other information you receive from us, or (3) delete the personally identifiable information maintained about you on our systems (subject to the following paragraph), by accessing your Profile page or contacting support@virtualrc.com. Such updates, corrections, changes and deletions will not have an effect on other information that we maintain, or information that we have provided to third-parties in accordance with this Privacy Policy prior to such update, correction, change or deletion.
You should be aware that it is not technologically possible to remove each and every record of the information you have provided to us from our system. The need to back-up our systems to protect information from inadvertent loss means that a copy of your personally identifiable information may exist in a non-erasable form that will be difficult or impossible for us to locate. We promise that promptly after receiving your request, all personally identifiable information stored in databases we actively use and other readily searchable media will be updated, corrected, changed or deleted, as appropriate, as soon as reasonably practicable.
Q: How will I know if there are any changes to this privacy policy?
A:You should be aware that we may revise this Privacy Policy at any time and that such revisions may result in additional uses or disclosures of your personally identifiable information. If we decide to change this Privacy Policy, we will post those changes on the VRC Service so you are always aware of what information we collect, how we use it, and under circumstances, if any, we disclose it. We may also make non-significant changes to this Privacy Policy that generally will not affect our use of your personally identifiable information. If you do not agree to the terms of any revisions of this Privacy Policy, you should discontinue use the VRC Service. If you continue to use the VRC Service after this Privacy Policy is revised, you are demonstrating your consent to the revised Privacy Policy. As a result, you should frequently review this Privacy Policy for any revisions.
Q: Who do I contact if I have any privacy questions?
A: If you have any questions or comments about our Privacy Policy or feel that we are not abiding by the terms of our posted Privacy Policy, please contact our Customer care dept. in any of the following ways:
By e-mail:
privacy@virtualrc.com
Virtual Racing Industries bv, the Netherlands
The software (including updates and all possible content used by the software) you (can) download from any of the official VRC websites or has been made available to you in any other way (hereafter referred to as “Software”) and the software and web services obtained from the VRC web sites (Software and web services combined called the "Service"), are protected by copyright laws and international treaty and are owned by VIRTUAL RACING INDUSTRIES bv (hereafter referred to as "VRI"), a limited liability company under the laws of the Netherlands. Virtual RC Racing, VRC, iVRC and VRC Pro are (registered) trademarks of VRI. VRI holds domain registrations including, but not limited to, virtualrc.com, vrcpro.com, vrcworld.com, ivrc.com (hereafter referred to as the “VRC websites”).
VRI retain title to the Service, and all intellectual property rights therein. Unauthorized reproduction or distribution of the Service is subject to civil and criminal penalties.
VRI is willing to license the Service to you and open your VRC Pro member account (hereafter referred to as the “Account”) under the condition that you (i) complete the user account registration, (ii) accept all of the terms and conditions in the License Agreement ("Agreement") between you (either an individual end-user or an entity) and VRI which is written below and (iii) accept the Privacy Policy rules of VRI.
By pressing the "I accept" button you accept the User Account Registration and the terms and conditions of Agreement below. If you do not agree to the User Account Registration and/or the terms and conditions of this Agreement, and/or the VRI Privacy Policy, press the "I do not accept" button. If you have already downloaded the Software or obtained the Software in any other way, you must then stop using the Software and destroy any copies of the software in your possession or control.
If you are acquiring the Service on behalf of another person or entity, you represent and warrant that you have the authority to bind the party or entity for which you are acquiring the Software to the terms and conditions of the Agreement.
License Agreement
1. In order to register for the Service, you must be an adult according to the laws of the jurisdiction (i.e. state or country) in which you reside. If you wish to use the Service and you are not an adult, you must have a parent or guardian register for the Service on your behalf. By registering for the Service, you are making a representation to VRI that you are an adult in the jurisdiction in which you reside and that you agree to this Agreement on behalf of yourself and, at your discretion, for one (1) minor child for whom you are a parent or guardian and whom you have authorized to use the account you create to use the Service. In any event, the Service is not designed for minors under the age of thirteen (13), so minors under the age of 13 should be discouraged to use the Service or only under parental guidance.
2. Subject to the terms and conditions of this Agreement, VRI grant to you a non-exclusive, non-transferable and revocable license to install and use the Software on up to two (2) computers, which must be under your legitimate control at any one time. Accounts may not be purchased, sold or traded, or offer to do this on behalf of a third party. Any such attempt will be null and void. Installation of software on a network server is prohibited. Software may only be used for personal, non-commercial leisure, training and educational purposes. No other rights on whatsoever name are granted. You may re-install Software on another computer under the same conditions of this License, under the explicit condition that Software is removed from the original computer.
3. The Software contains copyrighted material and trade secrets of VRI and its licensors. VRI and its licensors shall retain al rights, title and interests including the ownership of all intellectual property rights relating to the Software and copies thereof. You agree that neither you nor a third party acting on your behalf will:
- modify or change the Software or create derivative works of the Software in whole or in part;
- de-compile, disassemble or reverse engineer the Software in whole or in part;
- use the Software in any manner to provide computer services to third parties or facilitate, host, link to or provide any other means through which the Software can be played by others, such as through server emulators;
- transmit the Software in whole or in part, over the Internet;
- sublicense or otherwise transfer on whatsoever title, the Software to a third party;
- ever acquire or obtain any intellectual property rights of any kind in or to the Software in whole or a part.
All names and logos in the Software are either the (registered) trademarks of VRI, Microsoft or the property of their respective owners. The absence of a product name or logo on the web site or in the Software does not constitute a waiver of the intellectual property rights of VRI, Microsoft or third parties, concerning that name or logo.
4. You declare that you are aware that before you can use the Software and your Account you must have obtained the Software installation package either as a download, which VRI (or a third party authorized by VRI) provides, have verified to have a computer, monitor and controller suitable to run and play the Software and have a suitable Internet connection (none of which VRI provides with the Service) to create and access your Account. Furthermore you declare that you have received the Software installation package from authorized websites or through a VRI-authorized promotional offer such as a CD-Rom bundled with, but not limited to, an r/c car magazine or r/c car product.
5. This Agreement can be terminated by VRI at any time. If VRI makes a request via public announcement (including from its web sites) or press release, to stop using the copies of the Software, you will comply immediately with that request and the copies of the Software in your possession or control must be destroyed. VRI is entitled to terminate this Agreement, inactivate your account and/or suspend your account, without being obliged to (pro rated) refund of any prepaid amounts, immediately and without (prior) notice if you breach this Agreement or infringe any third party intellectual property rights, and in case we are unable to verify or authenticate any information you provide to us. In case of termination you have no longer access to your Account and the copies of the Software in your possession or control must be destroyed. After termination of this Agreement the provisions of paragraph 18,19,20 and 21 in this Agreement will survive.
6. In case of termination of the Agreement or inactivation of your Account VRI does not give full or partial refunds for any VRC Racing subscription period that you have paid for in advance, for any VRC content purchased or any virtual cash (vEuros) remaining in your account. In case of inactivation of your Account you have no longer access to your Account, nor will any personal information be posted on the website, with the exception of:
- race, series and ranking results scored prior to the inactivation of the Account
- Time trial results scored prior to the inactivation of the Account
- Multi-player run results scored prior to the inactivation of the Account
- forum entries and other publicly available information posted prior to the inactivation of the Account
7. All fees mentioned on the VRC Websites are stated in Euros (€) unless otherwise specified. All fees are prepaid and non-refundable. Fees and prices include 21% of value added tax as mandatory under Netherlands and European tax laws. Electronic software purchases made through the VRC e-shop are registered in and linked to your Account and are non-refundable. You will receive a confirmation of all your purchase(s) by e-mail.
8. Hardware purchases made through the VRC e-shop are subject to a one-year warranty. Products considered DOA (Dead on Arrival) must be reported to VRI "DOA" within 31 calendar days of the purchase date, by e-mail (sales@virtualrc.com).
VRC hardware is considered DOA if it shows symptoms of hardware failure which prevents basic operability upon its first use. VRI may require the VRC hardware to be returned for examination. The DOA declared VRC hardware and hardware replaced under warranty will be replaced free of charge.
9. To obtain a VRC Account, you will be required to enter your REAL first and last name, a valid e-mail address and password. Before your account becomes active you must successfully reply to the account activation e-mail from VRI which will be sent to the e-mail address entered with your Account. VRI is entitled, and you acknowledge this, to verify your name information in order to validate your account. You may not use a name that belongs to another person, relates to websites or email addresses, is obscene or offensive to other persons, is abusing the name of existing persons, violates anyone's trademarks, publicity rights or other proprietary rights.
You acknowledge that your real name as registered in your Account will be displayed in full to other users of the Service and you hereby consent to such display of your name in any part of the Service including, but not limited to, results, forums, website and e-mail communications. You agree to handle your personal information as described in our Privacy policy. If you are authorizing a minor child to use the Service you must not provide to vrcworld.com any personal information about such child.
10. Your e-mail address will be used as your unique login name. During the account registration process you will be required to enter a password. You may not disclose your password to any third party. You are responsible for maintaining the confidentiality of your password and you will be responsible for all uses of your password, whether or not authorized by you. VRI never asks you for your password by telephone or email, and you should not disclose it this way if someone asks you to do so. Although VRI may offer a feature that allows you to "save" or "remember" your password on your hard drive, please note that by using this feature third parties may be able to access your computer and thus your Account. Unauthorized use or disclosure of your password should be immediately reported to VRI by e-mailing to support@virtualrc.com.
11. You acknowledge that unless you request otherwise in your Account section of the VRC Websites by clicking on the box to not automatically renew, your subscription will automatically renew at the end of your subscription period and you will be charged for the renewal fee. For manually recurring subscription payments you will be notified by e-mail 2 weeks prior to the expiration date of the subscription period.
12. Your Account gives access to the VRC Websites member area (specifically vrcworld.com) of VRI and provides the possibility to upload content to our servers in various forms (hereafter referred to as “User Content”). You guarantee that the User Content shall not: (i) infringe any third party intellectual property, other proprietary or publicity/privacy rights; (ii) violate any law or regulation; (iii) be defamatory, obscene, pornographic, child pornographic or harmful to minors; or (iiii) contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. VRI may take any action with respect to your User Content if we believe it may create liability for VRI or may cause VRI to lose (in whole or in part) the services of our ISPs or other suppliers.
While uploading the User Content you transfer to VRI a worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise all intellectual property rights, in any media now known or not currently known, associated with your Content, which transfer hereby is accepted by VRI. Additionally, the User Content may include certain optional voice or video communication features that you may choose to use. If you use these voice or video communication features, if any, to send or receive voice or video messages through the Service, you agree that (i) you will not receive or send any User Content in violation of this Agreement, (ii) you will hold VRI free and harmless against any claims of yourself or third parties concerning the User Content transmitted by you, and (iii) VRI is not responsible for any use of such features by any other users or third parties, including without limitation, uses that may result in unauthorized access or damage to your computer and/or the information stored there. Furthermore you guarantee not to take any action which imposes an unreasonable or disproportionately large load on our infrastructure.
13. Information and materials submitted to the VRC Websites, such as any comments, feedback, ideas, questions, designs, data or the like regarding or relating to the Service or the business of VRI (collectively "Feedback"), will be considered non-confidential and non-proprietary with regard to you, but VRI reserves the right to treat any such Feedback as the confidential information of VRI. For this reason, we ask you not to send us any information or materials that you do not wish to assign to us, including, without limitation, any confidential information or any original creative materials such as product ideas, computer code, or original artwork. By submitting Feedback to the VRC Websites, you assign to VRI, subsidiaries, and affiliates, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in such Feedback.
VRI will be entitled to use any Feedback you submit to it, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing, marketing and selling products and services using such Feedback, without restriction and without compensating you in any way. You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, their truthfulness and accuracy.
14. VRI may communicate with you through personal or automated e-mail notifications and through internal messaging on the VRC Websites about general VRC, racing or product information. VRI offers you the possibility to opt out from receiving such e-mails in your Account under e-mail preferences. By participating in on-line VRC events you agree to transfer to, and store on VRC servers race results and racing data, including but not limited to lap and section times, pit stops, repairs, racing incidents, use of marshals and product configurations, and you give permission to VRI to use your race results and racing data for statistical purposes and publish your product selections with the results published on the VRC website, and to share product preferences and use with VRC partners, sponsors, advertisers and affiliates directly related to VRC or the event. VRI will not share any information that will personally identify you to such 3rd parties without your authorization.
15. Using your Account VRI cannot ensure that your private communications and other personally identifiable information will not be disclosed to third parties. For example, VRI may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Additionally, VRI can (and you authorize us to) disclose any information about you to private entities, law enforcement or other government officials as VRI, in our sole discretion, believe necessary or appropriate to investigate or resolve possible problems or inquiries. Furthermore, if you request any technical support, you consent to our remote accessing and review of the computer you load the Software onto for purposes of support and debugging. You agree that VRI may communicate with you via email and any similar technology for any purpose relating to the Software and any services or software which may in the future be provided by us or on our behalf.
16. For the purpose of patching and updating the Software, you hereby give VRI permission and the irrevocable right to (i) download Software and file information from the Software directory and (ii) upload Software to you. You acknowledge that any and all data is stored and is resident on our servers, and any and all communications that you make (including, but not limited to, messages solely directed at another player or group of players) traverse through our servers, which might be monitored by VRI’s personnel. You declare that you have no expectation of privacy in any such communications and you expressly consent to monitoring of communications that you send and receive.
17. VRI and its suppliers provide the Software to you on a “as is” basis. VRI and its suppliers hereby expressly disclaim all warranties of any kind including but not limited to (i) the implied warranty of fitness of the Software for whatsoever purpose, (ii) non infringement of third-party rights with respect to the Software and (iii) the continuous, error-free, secure or virus-free operation of the Software. You understand that VRI may update or otherwise enhance the Software at any time and in doing so incur no obligation to furnish such updates to you pursuant to this Agreement. VRI may close down its servers and Services for scheduled and incidental maintenance of the Service. You acknowledge and accept temporary interruptions of the Services due to, but not restricted to, maintenance work activities on VRI, partners and third party servers.
18. In no event VRI or its suppliers can be held liable under this Agreement or on any other ground, for any costs, damages or substitute products or services, loss of profits, loss of information or data or any other direct, indirect, consequential of incidental damages arising in any way out of the possession, use or inability to use or malfunction of the Software or (delay or failure of any performance of) your Account, even if VRI or its suppliers has been advised of the possibility of such damages.
19. This Agreement constitutes the entire agreement between the parties with respect to the use of the Software and Services, and supersedes all prior or contemporaneous communications or agreements, written or oral, regarding such subject matter. VRI may, in its sole discretion, modify portions of this Agreement at any time. VRI may notify you of any changes by posting notice of such modifications on VRC Websites or sending notice via e-mail, or other means such as a communication to you at the time you log into your account. Your continued use of the Software and Services following notice of such modifications shall be deemed to be your acceptance of any such modifications to the Agreement. If you do not agree to any such modifications, you must immediately stop using the Software and destroy all copies of the Software in your possession or control.
20. All rights not expressly granted herein are reserved.
21. This Agreement will be governed by and construed in accordance with the laws of the Netherlands. The UN Convention on Contracts for the International Sale of Goods (or any other treaty) is not applicable to this Agreement. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
VRC PRO ® Privacy Policy
v1.0 September 2011
Virtual Racing Industries bv, the Netherlands
The VRC PRO Privacy Policy explains how Virtual Racing Industries bv ("VRI") protects and safeguards the privacy of the users of its online r/c car racing simulator software (referred to as the "Software"), game related services and web sites (referred to collectively in this Privacy Policy as the "VRC Service"). This Privacy Policy is a part of and incorporated into our VRC Pro end-user agreement ("Agreement"). By using the VRC Service, you are demonstrating your consent to the use of your information as described in this Privacy Policy.
If you have questions regarding this Privacy Policy, you should first contact VRI at support@virtualrc.com.
Personal information collected by the VRC Service
VRI distinguishes 2 types of information that is being collected depending on your use of the VRC Service:
- non-personally identifiable information
- personally identifiable information.
Non-personally identifiable information
Non-personally identifiable information is information that by itself cannot be used to identify or contact you, such as demographic information (like age, profession or gender). Non-personally identifiable information may also include member IP addresses, browser types, domain names, and other anonymous statistical data involving the use of the VRC Service.
Personally identifiable information
Personally identifiable information is information that identifies you or can be used to identify you or contact you. Such personal information may include your name, address, email address, telephone number and birth date. Birth date information is primarily for eligibility purposes. In all of these cases, we will collect personally identifiable information from you only if you voluntarily submit the information to us. We may also receive personally identifiable information about you from third parties providing credit and debit card authorization and fraud screening services as part of your use of such service. Unless you give us permission to do so, we will not sell, share, license, trade or rent your personally identifiable information other than as specified in this Privacy Policy.
Where and when is information collected on the VRC Service?
Information you must disclose during registering as a member
During member registration, you will be required to provide us with information (personally identifiable and non-identifiable information) such as name, postal address and email address. We do not ask you to provide billing information. We may also receive personally identifiable information about you from third parties providing credit and debit card authorization and fraud screening services as part of the registration process. This information is necessary for our provision of the VRC Service and is also used to help us understand who uses the VRC Service, to improve the VRC Service, to contact members about the VRC Service and/or for billing purposes.
Information you voluntarily disclose to the VRC Service
In using certain features of the VRC Service, such as member forums, personal messaging, scraps and chats, you may voluntarily make your information available to other users of the VRC Service.
VRI also collects non-personally identifiable information passively using cookies and so called action tags.
“Cookies” are small text files that are placed on your computer in order to identify your web browser and the activities of your computer on the VRC Service and other web sites. In order to use the VRC Service, your web browser must be set to accept cookies. Most web browsers are initially set to accept cookies. Cookies are used to personalize your experience on the VRC Service (such as dynamically generating content on web pages specifically designed for you), to assist you in using the VRC Services (such as saving time by not having to re-enter your name upon each visit to the VRC Service), and to allow us to statistically monitor how you are using the VRC Service to help us improve our online services.
"Action tags," also known as web beacons or gif tags, are a web technology used to help track web site usage information, such as how many times a specific page has been viewed. Action tags are invisible to you, and any portion of the VRC Service, including advertisements, or email sent on our behalf, may contain action tags.
By using cookies and action tags together, VRI may gain valuable information to improve the VRC Service. VRI does not disclose any of your personally identifiable information to our advertising partners.
Finally, you should be aware that partners, sponsors, advertisers and other third parties may also use their own cookies or action tags when you click on their advertisement or link to their web sites or Services on or from the VRC Service. This Privacy Policy does not govern the use by such third-party web sites or services or providers of third-party advertising.
Internet log files
VRI collects non-personally identifiable information through the Internet log files, which record data such as member IP addresses, browser types, domain names, and other anonymous statistical data involving the use of the VRC Service. This information may be used to analyze trends, to administer the VRC Service, to monitor the use of the VRC Service, and to gather general demographic information. VRI may link this information to personally identifiable information for these and other purposes such as personalizing your experience on the VRC Service and evaluating our services in general.
Software log files
VRI collects non-personally identifiable information through Software log files which record data from on- and off-line sessions such as component usage, exposure time, track id, lap times, positions, pit stop, refueling, adjustments, repairs, driving incidents, pit table configurations and other anonymous statistical data involving the use of the Software. This information will be used to generate race results, diagrams and diagram markers, to generate statistical data for analysis and commercial usage, and commercial information relevant to our partners, affiliates and advertisers. Personal identifiable racing data information may be published on the VRC Websites. VRI may use all or part of the non-identifiable software log file data to promote the Service to their partners and advertisers.
Minor children policy
Virtual RC Racing is a simulation of radio controlled model car racing. Radio controlled model cars are widely used and played by children under 13 year of age. The Software can therefore be played by persons from the age of 7. The VRC Service (software and web services combined) is not designed for or directed to children under the age of 13 although with parental guidance children from the age of 7 could use our Software as a training tool. We strongly advise children of under 13 years of age not to engage in any community services. VRI is committed to protecting the privacy of children. We do not collect personally identifiable information from any person we actually know is under the age of 13.
Also, in order to become a member of the VRC Service, you must be an adult according to the laws of the jurisdiction (i.e., state or country, as the case may be) in which you reside. If you are not an adult, if you wish to use the VRC Service you must have a parent or guardian enroll to use the VRC Service on your behalf. If you authorize a minor child for whom you are a parent or guardian to use the account you create to use the VRC Service, you should not provide us with any personally identifiable information about such child. As a parent or guardian you are responsible to monitor and guide the contributions of the minor child to the VRC websites.
Laws and Legal Rights
We may disclose your information (including personally identifiable information) if we believe in good faith that we are required to do so in order to comply with an applicable statute, regulation, rule or law, a subpoena, a search warrant, a court or regulatory order, or other valid legal process. We may disclose personally identifiable information in special circumstances when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating the VRC Agreement terms, or to protect the safety and/or security of our members, VRI or the general public.
Third Parties Generally
We will not provide your email address to third parties for such third parties to contact you about their products, services, information and news that may be of interest to you.
We may provide to third parties information about you that does not allow you to be identified or contacted, including where such information is combined with similar information of other members of the VRC Service. For example, we might inform third parties regarding the number of unique members who visit the VRC Service, the demographic breakdown of our enrolled members of the VRC Service, the products and/or services purchased using the VRC Service, the products selected and used with the Software including exposure time, and the vendors of such products and services. The third parties to which we may provide this information may include potential or actual advertisers, providers of advertising products or services (including vendors and web site tracking services), commercial partners, sponsors, affiliates, licensees, researchers and other similar parties.
Outside Contractors
VRI may employ independent contractors, vendors and suppliers (collectively, "Outside Contractors") to provide specific services and products related to the VRC Service, such as hosting and maintaining the VRC Service, providing credit card processing and fraud screening, and developing applications for the VRC Service and e-mail services. In the course of providing products or services to us, these Outside Contractors may sometimes require and have limited access to information collected on the VRC Service, including your personally identifiable information. We also require that these contractors (1) protect the privacy of your personally identifiable information consistent with this VRC Pro Privacy Policy, and (2) not use or disclose your personally identifiable information for any purpose other than providing us with the products or services for which we contracted.
VRC PRO Partners
In addition, through the VRC Service, you may be given the opportunity to purchase (or to obtain more information regarding) certain content, products or services that are offered by parties other than us (collectively, "Partners"). We will attempt to make it clear to you when you are dealing with a Partner by opening a new browser or otherwise notifying you that you are leaving the VRC Service. For example, if you select a clickable 3D object in the Software and decide to click on the web link provided, then you are likely on, or about to enter, a web site hosted or operated by a person or company other than us. Partners may request that you submit certain information to them in order to purchase their products or services or to obtain additional information from them. By submitting the requested information, you affirmatively consent to have that information shared with the Partner. This information is used by the Partner and may be subject to a different privacy policy. We are not responsible for the privacy practices of Partners. We encourage you to be aware when the VRC Service links to Partners’ web sites and to read the privacy policies or statements of each and every Partner web site. This Privacy Policy applies solely to information collected by the VRC Service.
Sale of Business
As with any business, your personal information is also an asset of VRI and will become part of our normal business records. As such, we reserve the right to transfer information to a third party in the event of a sale, merger or other transfer of all or substantially all of the assets of VRI or the line of business that the VRC Service falls under.
By using the VRC Service, you signify your acceptance of this privacy policy. If you do not agree to this privacy policy, you should not use the VRC Service. Your continued use of the VRC Service following the posting of changes to this privacy policy will mean that you accept those changes.
QUESTIONS AND ANSWERS
Q: Will other members of the VRC Service have access to my information?
A: In order to discourage misuse of the VRC Service, except in extraordinary circumstances as agreed to by VRI in its sole discretion, all members of the VRC Service will be identified to other members of the VRC Service by their real names (or variations of their names, such as their names followed by a numeral), not by user names, aliases or other similar devices. By using the VRC Service you consent to the display of your real name to other members.
Also, if you voluntarily make your information available when using certain features of the VRC Service, such as member forums, message boards, and chats, this information will be accessible to other members of the VRC Service. Additionally, when posting race results, we may include certain geographical information about the listed members, such as what countries, states, provinces and/or cities the members are located in. With this information, other members of the VRC Service could use publicly available resources to discover additional personally identifiable information about you, such as your address and phone number. Except as described in this Privacy Policy, we will not disclose your personally identifiable information to other members of the VRC Service.
Members of the VRC Service are free to contact each other using specially designed social network features on VRC Websites and may exchange personal identifiable information on a voluntary basis among each other, for which VRI does not bear any responsibility.
Q: What does VRI do with the information it collects?
A: In general, VRI uses the information collected on the VRC Service to provide the VRC Service to you and process your transactions, to help VRI understand who uses the VRC Service, to improve the VRC Service, and to contact you for customer service and billing purposes.
VRI may use your information to send you a welcoming email that may confirm your name and password. VRI may also send you electronic newsletters, contact you about VRI products, activities, services, information and news that may be of interest to you, provide you with other marketing materials, and provide you with targeted feedback. If you no longer desire to receive these communications, we will provide you with the option to “opt out.” In addition, if you identify yourself to us by sending us an email with questions or comments, we may use your information (including personally identifiable information) to respond to your questions or comments, and we may file your questions or comments for future reference. We may also use the information collected to send you important service announcements and updates regarding the VRC Service or, if you are a member, about your billing account status. You will not be able to unsubscribe from these service announcements and updates as they contain important information relevant to your use of the VRC Service.
VRI may also use the information gathered on the VRC Service to perform statistical analysis of member behavior and/or to evaluate and improve our VRC Services. We may link some of this information to personally identifiable information for internal purposes only or to improve your experience with the VRC Service.
Q: Does VRI collect and store billing information?
A: VRI does NOT collect and store credit card billing information on its servers. All PayPal and credit card transaction services are provided by PayPal and/or other third party payment service providers and processors, and are executed under their supervision and responsibility, on their own servers and using their own specific software services. VRI bears nor accepts any legal responsibility for the security of these services.
Q: When does VRI disclose information to third parties?
A: Except as set forth in this Privacy Policy or as specifically authorized by you, we will not disclose any personal identifiable information we gather from you on the VRC Service.
Q:Does the VRC Pro Privacy Policy apply when I link to other websites from within the VRC Service?
A: The VRC Service contains links to web sites not owned or operated by VRI (for example, if you "click" on a banner advertisement in the VRC Service or on a commercial object in the Software, you will likely be taken off the VRC Service). However, please be aware that we are not responsible for the privacy practices of such web sites. We encourage you to be aware when the VRC Service links to other web sites and to read the privacy policies or statements of each and every web site. This Privacy Policy applies solely to information collected by the VRC Service.
Q: Is the information collected on the VRC Service secure?
A: We want your information (including personally identifiable information) to remain as secure as possible. We strive to provide secure transmission of your information from your computer to our servers through industry-standard techniques. To help ensure the integrity and privacy of the personally identifiable information you provide to us via the Internet at the time you elect to become an enrolled member or subscribe to our VRC Services, we use Secured Socket Layer (SSL) encryption technology in transmitting such personally identifiable information over the Internet to our servers. We secure the personally identifiable information you provide on servers located in controlled, secure environments, protected from unauthorized access, use, or alteration. Only employees and contractors who need access to your information to perform a specific task or function are granted access to such information. In addition, all VRI employees and outside contractors must abide by this Privacy Policy and are kept up-to-date on security practices. Any employee or outside contractor who violates this Privacy Policy is subject to disciplinary action, including termination.
Notwithstanding the above commitments to protect your information (including personally identifiable information) from loss, misuse or alteration by third parties, you should be aware that there is always some risk involved in transmitting information over the Internet. There is also some risk that others could find a way to compromise our security systems. As a result, while we strive to protect your information, we cannot ensure or warrant the security and privacy of any information you transmit to us, and you do so at your own risk.
Q: What choices do I have regarding the collection, disclosure and distribution of personally identifiable information?
A: Except as otherwise described in this Privacy Policy, we will only use personally identifiable information for the purposes described above or as otherwise disclosed at the time we request such information from you. You may change your preference and "opt-out" of receiving such communications by changing that option on your VRC World Profile page, following the directions provided in association with the communication, or by contacting support@virtualrc.com.
Q: Can I update or correct my personally identifiable information?
A: You can update certain parts of your personal identifiable data in your Profile page on the VRC Website. Your name and country can only be changed upon request and under certain conditions to prevent account transfer. Address data can be maintained by yourself. Changing your e-mail address is subject to a verification process to verify that the e-mail address is unique in the VRI database and that it belongs to you.
You have the right to request the restriction of certain uses and disclosures of personally identifiable information as follows. You can contact us in order to (1) update or correct your personally identifiable information, (2) change your preferences with respect to communications and other information you receive from us, or (3) delete the personally identifiable information maintained about you on our systems (subject to the following paragraph), by accessing your Profile page or contacting support@virtualrc.com. Such updates, corrections, changes and deletions will not have an effect on other information that we maintain, or information that we have provided to third-parties in accordance with this Privacy Policy prior to such update, correction, change or deletion.
You should be aware that it is not technologically possible to remove each and every record of the information you have provided to us from our system. The need to back-up our systems to protect information from inadvertent loss means that a copy of your personally identifiable information may exist in a non-erasable form that will be difficult or impossible for us to locate. We promise that promptly after receiving your request, all personally identifiable information stored in databases we actively use and other readily searchable media will be updated, corrected, changed or deleted, as appropriate, as soon as reasonably practicable.
Q: How will I know if there are any changes to this privacy policy?
A:You should be aware that we may revise this Privacy Policy at any time and that such revisions may result in additional uses or disclosures of your personally identifiable information. If we decide to change this Privacy Policy, we will post those changes on the VRC Service so you are always aware of what information we collect, how we use it, and under circumstances, if any, we disclose it. We may also make non-significant changes to this Privacy Policy that generally will not affect our use of your personally identifiable information. If you do not agree to the terms of any revisions of this Privacy Policy, you should discontinue use the VRC Service. If you continue to use the VRC Service after this Privacy Policy is revised, you are demonstrating your consent to the revised Privacy Policy. As a result, you should frequently review this Privacy Policy for any revisions.
Q: Who do I contact if I have any privacy questions?
A: If you have any questions or comments about our Privacy Policy or feel that we are not abiding by the terms of our posted Privacy Policy, please contact our Customer care dept. in any of the following ways:
By e-mail:
privacy@virtualrc.com