Terms of Use

Welcome to Nitto 1320 Legends and the “www.nitto1320.com” website (collectively referred to as this "Site").

This Site is presented to you (or "User") by Cie Games, Inc. (“Cie Games”), on behalf of Nitto Tire North America, Inc. (“Nitto Tire”) and other sponsors of this Site. (“We,” “our” or "us" refers to Cie Games.)

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

You must accept these Terms of Use in order to access the Nitto 1320 Legends game including the online version of the game. Your use of this Site and the game is subject to these Terms of Use, and any other terms and conditions that we may publish on this Site in the future. By using this Site (including opening an account or making a purchase via text messaging through a mobile phone ), you agree to these Terms of Use, including any warranty disclaimers, any damage limitations, and the choice of California law and courts in the event of a dispute. If you do not agree to these Terms of Use or any future changes to these Terms of Use, you do not have permission to use this Site, you may not access Nitto 1320 Legends, you may not make any wireless game purchases, and you must immediately discontinue any other use of this Site.

No portion of this Site is targeted to children under age 13, and any minor under age 18 should seek consent of his or her parents or legal guardian before agreeing to these Terms of Use or using this Site. This Site is offered and made available only to users 13 years of age or older who reside in the United States of America. If you are not yet 13 years old and reside in the United States, or use of this Site is otherwise prohibited by your local laws, please discontinue using the Site immediately.

If any of these Terms of Use is determined to be unlawful, void, or unenforceable for any reason, then that provision will be disregarded and will not affect the validity and enforceability of any remaining provisions. If we fail to act with respect to a breach of any of these Terms of Use by you or others, our failure does not waive our rights to act with respect to any later or similar breaches.

Limited Right to Use Site

Cie Games grants you a limited right to view and use this Site only for the purposes of playing the Nitto 1320 Legends game, accessing information, applications and services, and posting, uploading and distributing content to and through the Site, making wireless game purchases, and for other purposes as permitted.

We agree to grant you a limited non-commercial license to download the Nitto 1320 Legends game program onto your computer for use in game play only. By downloading the game program, you agree to accept a limited, non-transferable, non-exclusive and revocable license to install the Nitto 1320 Legends game program on one or more computers owned by you or under your legitimate control for your personal and non-commercial entertainment use only. You may also make one temporary copy in a single computer’s memory for back-up purposes only. These copies are subject to these Terms of Use, and must include a copy of this page containing copyright and trademark notices.

Except for these limited rights, we do not grant or transfer to you any other rights of any kind relating to this Site or Nitto 1320 Legends, including any rights in any virtual vehicles, equipment, currency, points, standings, rankings, ratings, or any other attributes appearing in, originating from or associated with this Site or Nitto 1320 Legends. No ownership rights of any kind, including any patent, trademark, copyright or other intellectual property rights, are assigned or transferred to you.

We reserve the right to terminate, change, suspend, or discontinue Nitto 1320 Legends or limit the features or services on this Site at any time without notice to you. In such event, you must immediately and permanently destroy all copies of the Nitto 1320 Legends game program in your possession and remove all game program copies from your hard drive. Upon termination for any reason, any virtual vehicles, equipment, currency, points, standings, rankings, ratings, any wireless game purchases, and any other attributes appearing in, originating from or associated with this Site or Nitto 1320 Legends, all licenses to use Nitto 1320 Legends shall immediately terminate.

Your Responsibilities

Cie Games reserves the right to cancel your right to use this Site and the Nitto 1320 Legends game, and may take other steps, including legal actions, if you violate or attempt to avoid any of the following rules:

You are legally responsible and liable for all of your activities on Nitto 1320 Legends game and this Site.
You may not "frame" or otherwise impose editorial comment, commercial material or any information on this Site, alter or modify any content on this Site, or remove, obliterate or obstruct any proprietary notices or labels.
Displaying, storing, copying, or making any content from this Site available on another web site or other media without our prior written permission is prohibited.
You may not reproduce, transmit, sell, or use Nitto 1320 Legends or this Site for commercial purposes, including use as a cyber café, computer gaming center, network play over the Internet or through gaming networks, connection to an unauthorized server that emulates the Nitto 1320 Legends game experience, the promotion, advertising or solicitation of funds or goods, or the solicitation of anyone to join or become a user of any other website or other organization.
We are not responsible for any comments, suggestions, information, text, data, software, sounds, photographs, audio, audiovisual, video, artwork, graphics, messages and other materials of any nature ("Materials") that are communicated on or by this Site. If you are the person originating these Materials, then you, and not Cie Games, are legally responsible for the Materials. You agree that we have no legal responsibility for displaying, distributing, storing or deleting any Materials that you submit or post.
We do not pre-screen any Materials posted by Users, but we may in our sole discretion refuse to post or remove any Materials posted to this Site.
By viewing or using this Site, participating in multi-player games, or visiting chat rooms, you acknowledge that you may be exposed to Materials posted by other Users that are offensive, objectionable or indecent.
By submitting Materials in any form to this Site, you automatically grant us a royalty-free, world-wide, non-exclusive, and assignable right to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, publicly display, and publicly perform your Materials on any web site operated by us, and in any related marketing materials produced by us or our affiliates. You obtain no rights in any content, media, or technology incorporating your Materials.
You may not create a user name or screen name, upload to, distribute, transmit, publish or post through this Site any Materials that are indecent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing, contain expressions of hatred, bigotry, racism, or pornography, are otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party, or violate any laws.
Your Materials, user name, or screen name may not disparage in any manner Cie Games, Nitto Tire or any other Site sponsors, their products, services, or web sites.
You are prohibited from uploading to, distributing, or publishing through this Site any Materials that contain viruses or any other computer code, corrupted files, or programs designed to interrupt, destroy, or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
You may not intentionally disrupt other users or discussions by repeatedly posting the same message or excessive posts within chat rooms (“flooding). We may set procedures on the use of this Site such as setting the maximum disk space allotted to your use. We may change these procedures at any time without notice to you.
You may not impersonate another person or user, attempt to get a password, other account information, or other private information from a user, or harvest email addresses or other information.
Only Cie Games has the right to host the Nitto 1320 Legends game. You may not host, or intercept, emulate or redirect the proprietary communication protocols used by Cie Games in connection with this Site or the Nitto 1320 Legends online game, regardless of the method used, including protocol emulation, reverse engineering, modifying this Site or any files that are part of this Site, adding unauthorized components, creating or using cheats, exploits, bots, mods, hacks or any other third-party software designed to modify this Site or the online game experience, or using any third-party software that intercepts, mines or otherwise collects information from or through this Site or the online game.
You may open a user account for your personal and non-commercial entertainment use of this Site and the Nitto 1320 Legends game. You may not purchase, sell, trade, rent, lease, license, grant a security interest in, or transfer the Nitto 1320 Legends game program or any part thereof, your user account, any virtual vehicles, equipment, currency, points, standings, rankings, ratings, or any other attributes appearing in, originating from or associated with this Site or the Nitto 1320 Legends game.

Copyright and Trademarks

Cie Games is the sole and exclusive owner of all right, title and interest, including without limitation, copyright, patent, trademark and other intellectual property rights, in this Site and Nitto 1320 Legends, including without limitation, all programs, tools, source codes, object codes, HTML, content, files, patches, updates, modifications, derivative works, printed or electronic documentation, instructions and other materials, design, text, data, sounds, photographs, audio clips, audiovisual, video, artwork, graphics, logos, button icons, images of vehicles, accessories and equipment, user accounts, concepts, technology, architecture, logic, structure, sequence, organization, themes, symbols, methods of operation, and other materials, all of which are protected by U.S. and international copyright laws, and may not be reproduced, modified, distributed, transmitted, displayed, performed, rented, altered, stored for subsequent use, republished or used in any manner without our prior written consent. Any use of the materials appearing on this Site not expressly authorized by these Terms of Use is a violation of copyright, trademark, and other applicable laws, and may result in criminal prosecution or civil penalties.

All trademarks, service marks, and trade names associated with Nitto Tire products or services are the exclusive property of Nitto Tire or its subsidiaries. All other trademarks, service marks, and trade names that appear on this Site are the property of their respective owners, including the following featured names and logos are trademarks:

Dodge, Ram, SRT, HEMI, vehicle nameplates and trade dress are trademarks of Chrysler Group LLC and used under license by Cie Digital Labs, LLC. © Chrysler Group LLC 2012.

Ford, Mustang, GT, Mustang BOSS 429, SVT Cobra, SVT Lightning, Shelby GT500 Coupe and Mustang GT names and emblems are registered trademarks or intellectual property of the Ford Motor Company.

HONDA, CIVIC, S2000, RSX, NSX, ACURA, the H logo, the Stylized “A” logo and INTEGRA are trademarks of Honda Motor Co., Ltd. used with permission from American Honda Motor Co., Inc. in the U.S.; and Honda trademarks are used under license from American Honda Motor Co., Inc.

SCION, xB, and tC are trademarks of Toyota Motor Corporation and are registered trademarks in connection with motor cars. The use on this game is with the owner's permission. The image and appearance of the xB and tC motor cars are trade dress and © Copyright 2007 Toyota Motor Corporation. All rights reserved.

This Site may be accessed by users outside the U.S., and may contain references or cross-references to products featuring or utilizing Honda trademarks that are not available, or are prohibited by agreement in other countries or territories. Such references do not imply that Cie Games or American Honda Motor Co., Inc. (or any of its affiliates or subsidiaries) intend to make any Honda trademarked products available outside the U.S., or to imply that they are legal, or for sale outside the U.S.

Mitsubishi, Lancer, and Lancer Evolution VIII names and emblems are registered trademarks or intellectual property of Mitsubishi Motors Corporation.

"NISSAN" and the names, logos, marks and designs of the NISSAN products are trademarks and/or intellectual property rights of NISSAN MOTOR CO., LTD. and used under license to licensee's name.

The McLaren name and logo are trademarks or registered trademarks of McLaren Racing Limited.

Trademarks, design patents and copyrights are used with the permission of the owner Volkswagen AG.

Cie Games is helping people affected by the earthquake in Japan and tsunami throughout the Pacific by donating $ 2.00 for every "Help Japan Graphic Pack" (for the Acura Integra GS-R, Nissan Sentra SE-R Spec V, '07 Ford Mustang GT, and Scion tC) sold to the American Red Cross campaign until March 29th, 2011. This support will enable the Red Cross to provide shelter, food, emotional support and other assistance to victims of these disasters. On those rare occasions when donations exceed American Red Cross expenses for a specific disaster, contributions are used to prepare for and serve victims of other disasters.

The American Red Cross name and emblem are used with its permission, which in no way constitutes an endorsement, express or implied, of any product, service, company, opinion or political position.

For more information about the American Red Cross, please visit www.redcross.org.

All other product names and logos are the trademarks of their respective owners. In addition, other images, logos, pictures or other material may be trade names or registered trademarks of their respective owners, and may be protected by U.S. and international copyright laws. We grant no right to copy or use any of these materials.

Making Claims of Copyright Infringement

We will investigate notices of copyright infringement, and take appropriate actions under the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) ("DMCA"). Written notice of any claimed copyright infringement must be submitted to the following designated agent for this Site:

Service provider:	Cie Games, Inc.
Name of agent designated to receive notification of claimed infringement:	Nitto 1320 Administrator
Full address of designated agent to whom notification should be sent:	111 West Ocean Boulevard, Suite 1800 Long Beach, CA 90802
Telephone number of designated agent:	562.285.0298
Facsimile number of designated agent:	562.285.0506
Email address of designated agent:	support@nittolegends.com

To be effective, the notice must include the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is the copyright owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Disclaimer of Warranties

Nitto 1320 Legends and this Site are provided to you "AS IS" without warranty of any kind, and subject to all risks. To the maximum extent permitted by law, Cie Games disclaims: (a) all warranties of any kind, including any implied warranties of merchantability or fitness for a particular purpose; the availability of Nitto 1320 Legends or this Site; the lack of viruses, corrupted files or programs, worms, Trojan horses, or other code with contaminating or destructive effects; the accuracy, completeness, reliability, timeliness, or usefulness of any information on this Site; and (b) any duties of reasonable care, workmanlike effort, or lack of negligence in connection with Nitto 1320 Legends or this Site. In addition, Cie Games disclaims any warranties of non-infringement, title, or quiet enjoyment in connection with Nitto 1320 Legends or this Site.

Assumption of Risks

You assume all risks that Nitto 1320 Legends or this Site is suitable or accurate for your needs or will be uninterrupted, timely, secure, or error-free. Any online game programs or other applications downloaded or obtained from this Site are at your own risk, and you are solely responsible for any loss of data, ISP disruption, software or hardware failures, or other damage to your computer. The entire risk of satisfactory quality, performance, accuracy and experience in connection with Nitto 1320 Legends or this Site is borne by you.

Cie Games is not responsible for any incorrect or inaccurate information, whether caused by users or by any equipment or programming associated with or utilized by this Site or by any technical or human error which may occur in the operation of this Site. Cie Games has no legal responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, telecommunications failure, theft or destruction or authorized access to, or alteration of information, content, or other material presented on this Site. Cie Games is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, or software due to technical problems, or traffic congestion on this Site, the Internet, or any other web site.

You agree that Cie Games, its Site sponsors, suppliers, vendors, sponsors, and advertisers, and their respective directors, officers, shareholders, members, partners, employees, agents, parents, subsidiaries, or affiliated or related companies shall not be legally responsible for any damages arising from the operation, content, or use of Nitto 1320 Legends or this Site.

You agree to indemnify, defend, and hold Cie Games, its Site sponsors, suppliers, vendors, sponsors, advertisers, telephone and wireless carriers, SMS text messaging aggregators, and their respective directors, officers, shareholders, members, partners, employees, agents, parents, subsidiaries, or affiliated or related companies, (collectively, the "Cie Games Parties") harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your Materials, your use of Nitto 1320 Legends and this Site, your violation of these Terms of Use, or your violation of any third party's intellectual property or other legal rights.

Limitation on Damages

To the maximum extent allowed by law, you agree that neither Cie Games nor any of the Cie Games Parties will be legally responsible to you or any other person for any consequential or incidental damages (including lost profits, loss of privacy or for breach of any duty of good faith, fair dealing, lack of negligence, or workmanlike effort) or any other indirect, special or punitive damages that relate in any way to Nitto 1320 Legends or this Site, or to any breach of these Terms of Use, even if we have been advised of the possibility of such damages and regardless of the legal basis or theory.

Governing Law and Jurisdiction

You agree that you will not initiate any legal action against Cie Games or any of the Cie Games Parties relating in any way to Nitto 1320 Legends or this Site more than one year after any cause of action accrues that is the basis of your legal action. You also agree that any legal action will be governed by the laws of the State of California without regard to any principles referring to the laws of another state or jurisdiction. You agree that the exclusive jurisdiction and venue for any litigation arising from your use of this Site or NItto 1320 Legends will be the appropriate federal or state court located in Los Angeles County in the State of California. This Site is controlled and operated from locations within the State of California, United States of America. Anyone who accesses this Site from outside California does so at his or her own risk, and is legally responsible to comply with any applicable state, local, or foreign/international laws.

Privacy Policy

Cie Games respects your privacy. When accessing this Site, we will learn certain information about you during your visit. How we will handle this information depends upon what you do when visiting this Site.

If you visit this Site, access Nitto 1320 Legends game or use any of our other services, our servers automatically collect and store certain information about you, including:

The name of the domain from which you accessed the Internet;
The date and time you accessed this Site;
The Internet address of the web site you used to link directly to this Site;
Your IP address, hard drive serial number, browser type and language.

When you visit a page in this Site, we use a technology nicknamed "cookies" to send a small file to your computer that uniquely identifies your browser. Our cookies do not collect personally identifiable information and we do not combine information collected through cookies with other personally identifiable information to tell us who you are, your screen name or email address. We may, however, retrieve information about a user's hardware and software for authentication, copy protection, account blocking, systems, rules or other site and game management and security purposes.

We may also use software programs to gather and assess certain information, including the number of visitors to different sections of this Site, what information is of most and least interest, the need for technical design specifications, and to identify system performance or problem areas. For web site security purposes, and to ensure that this Site remains available to all users, we use software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage.

If you identify yourself by sending us an e-mail containing personal information, then the information collected will be solely used to respond to your message. You may deactivate your user account if you wish to “opt-out” of these emails.

If you visit this Site and download Nitto 1320 Legends, we also collect the following personally identifiable information about you on a voluntary basis:

Your name.
Your birth date.
Your email address.
Your home zip code.
Your ethnicity (optional).

If you make wireless purchases via text messaging through your mobile phone, Cie Games will use your mobile phone number, wireless or Internet email address, or other information that you submit to make wireless purchases to provide the product you purchased.

We will not share any personally identifiable information with anyone other than our Site sponsors, but may use the aggregate non-personal information (i.e., information about groups of users that does not reflect individually identifiable users) for auditing, research and analysis purposes to maintain, protect and improve our services.

If you do not wish to provide your personally identifiable information for these purposes, you must immediately discontinue further use of this Site, including access to Nitto 1320 Legends and the online game, and you may not make any future game purchases using your mobile phone or other wireless device.

We offer some services through links to other web sites that may have different privacy and user policies. Cie Games does not exercise control over these web sites so be sure to read and understand their privacy and other policies.

Cie Games or any of our Site sponsors may contact you regarding their products or related services, special events, press releases, or product-specific technical information including security bulletins and notifications of upgrades. You may "opt out" of further promotional contacts at any time, and/or be removed from our mailing list by editing your account on this Site. However, after you “opt out” you will not be able to access Nitto 1320 Legends or the online game.

We may also share personally identifiable information outside of Cie Games if we believe in good faith that the such of such information is reasonably necessary to comply with the requirements of any law, regulation, legal process or governmental request, to enforce the Terms of Use and this Privacy Policy, to detect or prevent fraud or other security issues, or to protect the rights of Cie Games, its users and the general public.

No data transmission over the Internet is 100% secure. As a result, we cannot guarantee the security of any information you transmit to us, and you do so at your own risk. Please note that whenever you voluntarily disclose personal information on forums, through email, or in chat areas, that information can be collected and used by others. Your account is password-protected so that you and only you have access to this information. You are responsible for maintaining the confidentiality of your user name, screen name, password and other login information. If you become aware of or reasonably suspect any breach of security, including any loss, theft or unauthorized disclosure of your user name, screen name, password or other login information, you must immediately notify Cie Games.

Children Under Age 13

This Site is offered and made available only to users 13 years of age or older. Cie Games does not knowingly solicit any personally identifiable information from children under the age of 13. A number of interactive features on this Site require registration to participate and registrants will be required to enter their full name, date of birth, complete address and e-mail address. Users may be required to select a special member name to be used as an identifier and must also enter a password and a secret hint that will help us verify their identity if they forget their password. If Cie Games determines, in its sole discretion, that a person is under the age of 13, based on the information provided during the registration process, that person will not be permitted to register.

This Site may also provide links to third party sites that require registration. Such third party sites may permit children under the age of 13 to register for features in accordance with the privacy policies posted on those sites. The operators of those third party sites are responsible for ensuring that their sites comply with applicable laws, regulations, and rules. For more information, please review the privacy policies of each respective third party site.

Your California Privacy Rights

If you are a California resident, you have the right under California law to request Cie Games to provide you with a list of the categories of personal information that were shared by us with third parties for direct marketing purposes during the immediately preceding calendar year, as well as the names and addresses of those third parties, and if the nature of their business cannot reasonably be determined from their name, examples of the products and services marketed by them.

However, under the same California law, instead of responding to such request, Cie Games can give you a choice to opt-out of allowing third parties (such as advertisers) to use your personal information for direct marketing purposes. Cie Games has chosen to provide you with the opt-out right, and therefore is not required to respond to inquiries under the new California privacy rights law.

If you are a California resident and wish to opt-out of receiving direct marketing communications from third parties to whom Cie Games might otherwise share your personal information, please communicate your desire to opt-out by using the following e-mail address, post office address and local telephone number:

Service provider:	Cie Games, Inc.
Name of agent designated to receive notification of claimed infringement:	Nitto 1320 Administrator
Full address of designated agent to whom notification should be sent:	111 West Ocean Boulevard, Suite 1800 Long Beach, CA 90802
Telephone number of designated agent:	562.285.0298
Facsimile number of designated agent:	562.285.0506
Email address of designated agent:	support@nittolegends.com

If you do wish to opt-out of providing your personally identifiable information for these purposes, you must immediately discontinue further use of this Site, including access to Nitto 1320 Legends and the online game.

Our Privacy Policy is effective as of March 13, 2007. This is only a description of our internal operating procedures, and does not create any legal rights in favor of you or any other person. We reserve the right to change this policy at any time without prior notice to you.

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