DEFINITIONS

“RaceDirectorsHQ”, “Site” or “Website” means RaceDirectorsHQ.com and all content therein;

“Company”, “we” or “us” means ECR Sport Ltd, a private limited company registered in England & Wales (reg. no. 09689917) with registered offices at 20-22 Wenlock Road, N1 7GU, London, UK;

“Blog” means content published on the Site under our Resources section;

“Terms” means these terms of use for users of the Site

1. INTRODUCTION TO TERMS

1.1. This Site is owned and operated by the Company.

1.2. These Terms govern the use of the Site.

1.3. Your use of the Site will constitute your agreement to comply with these Terms.

1.4. If you do not agree with these Terms, you should not use the Site and you should leave the Site now.

1.5. We may modify these Terms from time to time. Continued use of the Site by you will constitute your acceptance of any changes or revisions to the Terms, so it is wise to check this page regularly.

1.6. We may terminate your access to the Site, without notice, in addition to our other remedies if you fail to follow these Terms.

1.7. From time to time, our Site may publish articles or features, which some site visitors may find offensive. We do not intend to offend and suggest that Site visitors who find the tone or content of the Site offensive, no longer visit the Site. No responsibility is taken for any offence caused.

2. USE OF THE SITE BY YOU

2.1. We own all material on the Site. You may retrieve and display content from this Site on a computer screen, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk (but not on any server or other storage device connected to a network) for your own personal, non-commercial use. You may not in any way make commercial or other unauthorised use, by publication, re-transmission, distribution, performance, caching or otherwise, of material obtained through the Site.

2.2. You acknowledge that you may not use any material obtained through the Site without prior written permission from us.

2.3. You may not authorise others to use the Site, and you are responsible for all of your own use of the Site. You agree not to use any obscene, indecent or offensive language, or to place on the Site any material that is false, defamatory, abusive, harassing or hateful. Further, you may not place on the Site any material that is encrypted, constitutes junk mail or unauthorised advertising, invades anyone’s privacy, encourages conduct that would constitute a criminal offence or give rise to civil liability, or that otherwise violates any local, state, national or international law or regulation. You agree to use the Site only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.

2.4. You are responsible for all activities under your password or account, and you must keep your password confidential. You must immediately notify us of any unauthorised use of your password or account or any other breach of security. You must not disrupt the functioning of the Site, solicit or use another user’s password or otherwise act in a way that interferes with other users’ use of the Site.

2.5. Other than connecting to our servers and those of our hosting providers by HTTP requests using a web browser, you may not attempt to gain access to by any other means, including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Site or otherwise.

2.6. You are responsible for ensuring that any material you provide to the Site or post in our blog and elsewhere on the Site, including but not limited to text, photographs and sound, does not violate the copyright, trade mark, trade secret or any other personal or proprietary rights of any third party.

2.7. You agree not to disrupt, modify or interfere with the Site or its associated software, hardware and servers in any way, and you agree not to impede or interfere with others’ use of the Site. You further agree not to alter or tamper with any information or materials on, or associated with, the Site.

2.8. You acknowledge that we have not reviewed and do not endorse the content of all sites linked to from the Site and are not responsible for the content or actions of any other sites linked to from the Site. Linking to any other service or site from this Site is at your sole risk.

3. AGE LIMIT

By using the Site or posting content on any Discussion Forums you confirm that you are 18 years old or more or, if you are under 18 years old, that you have received your parent’s or guardian’s consent to enter into these Terms.

4. USE OF THE BLOG COMMENTS SECTION BY YOU

4.1. These Terms have been put in place to help ensure that the Blog is a welcoming and useful resource for all users. These Terms outline what is deemed unacceptable behaviour and it is important to read them carefully.

4.2. Users of the Blog warrant and undertake that they will not:

  • post libellous or defamatory comments;
  • post anything relating to any ongoing or pending trial;
  • post content which you have copied from someone else (i.e. you do not own the copyright);
  • use profanities;
  • post a personal insult about another user;
  • advertise or solicit;
  • impersonate another user; or
  • post material that is deliberately intended to upset other users.

4.3. We cannot and do not review every post before it appears on the Site. We operate a ‘notice and take-down’ policy which means if we notice or are made aware of a post that contravenes these Terms, we reserve the right to amend or remove the post.

4.4. We encourage you to contact us if you feel a post violates these Terms. Please use the contact page on the Site to let us know.

4.5. You are responsible for the content of your posts and we do not accept any liability for the content or accuracy of your messages.

4.6. Users of the Site may submit material for publication in the Blog. We accept no liability in respect of any material submitted by users and published by us and we are not responsible for its content or accuracy.

4.7. If you want to submit material to the Blog you may do so on these Terms.

4.8. You warrant that the material you submit is not obscene, offensive, harassing, defamatory or otherwise illegal.

4.9. You acknowledge that any breach of these warranties may cause us damage or loss and agree to indemnify and hold harmless the Company in full and permanently against any third party liabilities, claims, costs, loss or damage incurred by us as a result of publishing any material you submit to us, including consequential loss.

4.10. Should we become aware of any activity that would be contrary to the Terms or determine in our sole discretion to be unacceptable, then we reserve the right to take action including temporary or permanent removal of content, filtering of internet transmissions and/or to exclude the user with immediate effect and, where necessary, to forward any incriminating material in its possession to the UK police or other relevant authorities.

4.11. You accept that we may keep a record of your IP and/or host address for reference purposes only (in order to keep a track on the amount of visitors per day). In the event of any breach of these Terms, we may view and add your IP and/or host address to an ‘excluded database’ to prevent you gaining further access to the Site. These addresses are not distributed or given out to any third party services.

5. USE OF MATERIAL POSTED BY YOU

Postings to the Blog are not private. You grant us a perpetual royalty free non-exclusive licence to use, reproduce, modify, translate, transmit, distribute and sub-licence any information or material you supply or communicate to the Site via such postings, in any medium now in existence or hereafter developed, for any purpose, including commercial uses to any third party. The Company will not return it if submitted, and accepts no liability whatsoever for safe custody thereof.

6. COPYRIGHT AND COPYRIGHT COMPLAINTS

6.1. All copyright, trademarks, design rights and all other intellectual property rights (registered or unregistered) where relevant in and on the Site and all content located on the Site shall at all times remain vested in the Company.

6.2. We grant you a limited, non-exclusive, revocable, non-transferable licence to use the Site content solely for personal use relating to your use of the Site. Except as expressly set out herein, neither you nor anyone acting on your behalf acquires any intellectual property rights relating to any Site content. Any rights not expressly granted within these Terms are reserved.

6.3. By sharing any contribution(s) with us (including but not limited to data, text, photo, message, posting, image, logo, attachment, hyperlink and all other content (collectively “Contribution(s)”) to the Site, you agree and grant us and our sub-licensees, free of charge permission, to use the Contribution(s) at our sole discretion (including modifying and adapting it for operational and editorial reasons) in connection with the operation of the Site and our business. The licence extends to copying, distributing, broadcasting or otherwise transmitting, adapting or editing the Contribution(s).

6.4. You agree and confirm that any Contribution(s) you provide or upload is original to you and does not infringe UK laws, copyright or other rights of any other person, or that you have the consents necessary to provide the Contribution(s) to us.

6.5. You acknowledge that we do not endorse the accuracy, integrity, copyright, compliance, legality, quality or decency of any Contribution(s). Users may respond to or comment upon Contribution(s), such comments do not necessarily represent the views or opinions of the Company.

6.6. We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at its discretion, terminate the access of users, subscribers, and account holders who infringe our copyright rights and those of others.

6.7. If you believe that your work has been copied and is accessible on our Site in a way that constitutes copyright infringement, or that the Site contains links or other references to another online location that contains material or activity that infringes your copyright, please contact us immediately through the Site’s contact page.

7. TRADE MARKS

All trademarks used on this Site are the property of their respective owners.

9. COMMENTS BY USERS ARE NOT ENDORSED BY US

We do not necessarily endorse, support, sanction, encourage, verify or agree with the comments, opinions or statements posted by users in the Blog or elsewhere on the Site. Any information or material placed online by users, including advice and opinions, is the view and responsibility of those users and does not necessarily represent the view of the Company.

10. E-COMMERCE

We have joined up with selected third party partners to enable you to purchase relevant products and services, and to provide you with third party special offers. Transactions carried out with specified third party partners (and not with us) will be governed by the third party’s standard terms and conditions which may be found on their sites before you transact. From time to time we may team up with other selected third parties to offer you the opportunity to purchase goods from the Site. Such purchases will be with the named third party (and not with us) and will be governed by the terms and conditions notified to you at the time of purchase. We cannot and do not accept any responsibility or liability for any losses you may suffer as a result of entering into any transaction with any third party.

11. OTHER PROMOTIONS

From time to time, we (or selected third parties) may include competitions, promotions or other offers on this Site. Each such offer shall be subject to its own express terms and may not be available in all jurisdictions.

12. MATERIALS PROVIDED BY OTHERS

You agree that we are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material.

13. INDEMNITY

You agree to indemnify the Company and its subsidiaries, affiliates, officers, employees, advertisers, partners, agents and representatives, and to hold them harmless from any and all claims, demands, liabilities, damages, costs and expenses (including legal fees) that may arise from: (i) your submissions, Contribution(s) or provision of content; (ii) your use or misuse of the Site; (iii) your unauthorised use of material obtained through the Site; (iv) your breach of these Terms; (v) any such acts arising through your use of the Site; or (vi) any other violation of the rights of another person or party.

14. EDITING AND DELETIONS

We reserve the right, but undertake no duty, to review, edit, move or delete any material posted by users in the Blog or elsewhere on the Site, in our sole discretion and without notice.

15. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

15.1. YOU UNDERSTAND AND AGREE THAT YOU ARE USING THE SITE AT YOUR OWN RISK. THE SITE IS PROVIDED “AS IS,” AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SITE.

15.2. THE COMPANY AND ITS AFFILIATES MAKE NO WARRANTY, IMPLIED OR EXPLICIT, THAT ANY PART OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE OF ANY QUALITY, NOR THAT THE CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER THE COMPANY NOR ITS AFFILIATES NOR ANY PARTICIPANT IN THE SITE PROVIDE PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND.

15.3. SAVE FOR THE PROVISIONS OF THE FOLLOWING CLAUSE THE COMPANY AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF YOUR ACCESS TO OR INABILITY TO ACCESS THE SITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, YOUR USE OF OR RELIANCE ON THE SITE OR ANY OF THE INFORMATION OR MATERIALS AVAILABLE ON THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15.4. OUR LIABILITY WILL NOT BE LIMITED IN THE CASE OF DEATH OR PERSONAL INJURY DIRECTLY CAUSED BY OUR NEGLIGENCE.

16. TERMINATION

WE HAVE THE RIGHT TO TERMINATE YOUR ABILITY TO ACCESS THE SITE, FOR ANY REASON, WITHOUT NOTICE.

17. PRIVACY

17.1. We will only use the information that you provide about yourself to us in accordance with our Privacy Policy. The Privacy Policy does not apply to third party sites

17.2. We may from time to time invite you to provide personal information in order to provide you with services (such as email newsletters and competitions) and to enable you to order goods. In order to deliver such services or goods, we will need to process and store your personal information and may need to transfer it to affiliates and service providers for processing inside the European Economic Area. In the event you submit personal information to us through the Site, you represent and warrant that you have the authority and consent to the collection, processing, transmission, use, communication and disclosure of such information by us in accordance with our Privacy Policy. By submitting your personal information, you consent to such processing and transfers in connection with such orders, offers or services and for any other purposes to which you consent at the time you provide the information. In order to enable us to provide you with a personalised browsing experience, the Site may use ‘cookie’ information collection technology in accordance with our Cookies Policy. If you have any queries about our Privacy Policy, Cookies Policy or any queries about the protection of personal information we hold about you, please contact us through our Site’s contact page. We are entitled by law to charge a fee of £10 to meet our costs in providing you with details of the information we hold about you. We are also legally obliged to request you to provide us with identification so that we can be certain that you are entitled to receive the requested data.

17.3. We and our sponsors and promoters may use your details to let you know about other products and services which we think would be of interest to you. Occasionally, we may also pass your details to selected companies. This will only be done with your permission so we advise you to check the tick boxes on the relevant form carefully. The Company is registered as a data controller under the Data Protection Act 1998.

18. SAFETY

Please remember that posting your name, contact information or any other personal information on the Site places such information in the public domain. Always use caution when giving out information. We advise that you do not reveal any information about yourself or anyone else (for example: full name, telephone number, postal address, email address, home address or any other details that allow you to be personally identified) on the Site.

19. INFORMATION AND AVAILABILITY

While we take every care to ensure that the information on this Site is accurate and complete, some of it is supplied to us by third parties and we are unable to check its accuracy or completeness. You are advised to verify the accuracy of any information before relying on it. Further, due to the inherent nature of the Internet, errors interruptions and delays may occur in the service at any time. Accordingly, the Site is provided “as is” without any warranties of any kind and we does not accept any liability arising from any inaccuracy or omission in the information or interruption in availability.

20. LINKS

20.1. Any third party web site that links to this Site must not:

(i) create a frame or any other browser or border environment around the content of this Site; (ii) imply that we are endorsing it or its products or services;

(iii) use any trade mark displayed on the Site without permission from the trade mark’s rightful owner;

(iv) infringe any intellectual property or other right of any person;

(v) be a website that contains content that could be construed as distasteful, offensive or controversial.

20.2. We expressly reserve the right to request that any link in breach of these Terms be removed and to take whatever other action it deems appropriate.

20.3. On this Site you may be offered automatic links to other sites. Whilst we hope you will be interested in those other sites, you acknowledge that their owners may be independent from us and we do not endorse or accept any responsibility for their content.

20.4. Pages of the Site may contain some contextual affiliate marketing links created by third parties. Purchases made on these third party sites are the sole responsibility of that site. Purchases made through these links may result in a commission being earned by us.

21. GENERAL

21.1. These Terms together with any additional terms which are drawn to your attention constitute the complete and entire agreement between the parties and supersede any prior agreement, whether written or oral.

21.2. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

21.3. These Terms are not intended to benefit or be enforceable by any third party and the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms.

21.4. Failure of either party to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.

21.5. Unless otherwise specified on the Site, the content of the Site is directed solely at those who access the Site from the United Kingdom. We make no representation that any of the content of the Site is appropriate for use elsewhere, or available in any other locations. Those who choose to access the Site from any other location are solely responsible for compliance with local laws and regulations if and to the extent that they are applicable.

21.6. You agree that these Terms, for all purposes, shall be governed by and construed in accordance with English law. You also agree, subject to the following clause, to submit to the exclusive jurisdiction of the English courts as regards any claim or matter arising under these Terms.

21.7. For the exclusive benefit of the Company, we shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence.

Please leave the Site now if you do not agree to these Terms