(1) We will explicitly ask when we want information that personally identifies you (“Personal Information”). For example for your name and e-mail address. We will not publish or provide your Personal Information to others without your permission.
(2) We may contact you for further information. If you do not wish to receive such requests, or to discontinue receiving such requests, you may opt out by indicating this to us.
COPYRIGHT AND TRADEMARK NOTICES:
The concept and all the contents of this Web site are Copyright © 2010 TrackDayExperiences.co.uk. All rights reserved.
The name and logo of TrackDayExperiences.co.uk are trademarks and any unauthorised use is an infringement of such trademarks.
Other product and company names mentioned herein may be the trademarks of their respective owners.
Your use of this Web site constitutes your agreement to all such terms, conditions, and notices. If you do not agree with these terms and conditions then you are not authorised to use this Web site.
This Agreement (the “Agreement”) governs your access and use of TrackDayExperiences.co.uk facilities, bulletin boards and service (the “Service”). In consideration for your right to access and use the Service, you and TrackDayExperiences.co.uk agree as follows:
1. ACCEPTANCE OF TERMS
By using the TrackDayExperiences.co.uk website, you agree to be bound by the terms of this Agreement and any modifications made to it in accordance with Section 18 below.
2. THE TrackDayExperiences.co.uk SERVICE
The TrackDayExperiences.co.uk Service is an online application, enabling businesses and individuals to build, join and participate in customized and personalized discussion groups. You understand and agree that the Service is provided “AS-IS” and that TrackDayExperiences.co.uk assumes no responsibility for, among other things, (1) any service outages or interruptions (2) the unavailability of particular features or services, (3) the inability to access the Service, (4) the failure or inability to post materials to the Service, (4) the deletion of materials posted to the Service or (5) the failure to store materials posted to the service.
You are not currently required to register to use the TrackDayExperiences.co.uk Service.
4. CONTENT ACCESSIBLE ON THE SERVICE
The TrackDayExperiences.co.uk Service contains a huge variety of information, data, messages, directions, computer programs, pictures, audio/visual works and other materials (the “Content”) that users post. Please use caution and common sense when viewing TrackDayExperiences.co.uk. You understand and agree that any Content posted on the Service is the exclusive responsibility of the person who posted or uploaded it, and that you will be solely responsible for any Content that you upload, post, email or otherwise transmit via the Service. You acknowledge that TrackDayExperiences.co.uk is not responsible for, does not control, does not endorse and does not verify the Content posted to the Service or available through the service, and that it makes no guarantee regarding the reliability, accuracy, legitimacy or quality of any such Content. You agree that you will bear any and all risk of reliance on the accuracy, validity or legitimacy of such Content. Under no circumstances will TrackDayExperiences.co.uk be liable in any way to you for any Content, including, but not limited to, any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise transmitted via the Service.
You acknowledge that TrackDayExperiences.co.uk does not pre-screen Content, but agree that TrackDayExperiences.co.uk shall have the right (but not the obligation) to access any Content, and remove or restrict access to any Content on the Service in its sole discretion and without notice or compensation. Without limiting the foregoing, TrackDayExperiences.co.uk shall have the right to access any Content and remove or restrict access to any Content that violates this Agreement or that TrackDayExperiences.co.uk believes is otherwise objectionable.
You acknowledge and agree that TrackDayExperiences.co.uk may preserve or disclose any Content if it reasonably believes disclosure is required by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of TrackDayExperiences.co.uk, its users and the public.
5. LICENSE GRANTED TO TrackDayExperiences.co.uk
You grant TrackDayExperiences.co.uk the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt, distribute and publish any Content you post/upload/contribute to the Service, for the purposes of displaying such information on TrackDayExperiences.co.uk’s sites and for the promotion and marketing of TrackDayExperiences.co.uk’s services.
6. USER CONDUCT
You agree to not use the Service to:
(a) violate or solicit the violation of any applicable local, state, national or international law;
(b) infringe the rights of any third party, including but not limited to intellectual property rights and privacy or publicity rights
(c) upload, post, email or otherwise transmit any Content that (1) is unlawful, threatening, abusive, tortious, defamatory, obscene, libelous, or invasive of another’s privacy; (2) consists of instructional information on illegal activities, including, but not limited to, hacking, cracking, and phreaking; (3) violates or infringes in any way upon the proprietary rights of others, including, without limitation, copyrighted software, music, photographs, text, videos or artwork; (4) constitutes pornography, or sexual material of an obscene nature or that violates local, state or national laws; (5) is the private information of another such as their addresses, phone number, Social Security number or credit card number; (6) contains software viruses, Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (7) you do not have a right to upload or post due to contractual or other legal obligation.
(d) impersonate any person or entity, including, but not limited to, an TrackDayExperiences.co.uk official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
(f) interfere with or disrupt the Service, computer servers or boards accessible through the Service;
(g) disseminate off-topic messages on boards promoting any product, service, web site, board or venture, or promote boards on the Service through unsolicited electronic mail messages to third parties.
If you do use the Service to commit any of the above, TrackDayExperiences.co.uk may, at its sole discretion. terminate your ability to use the Service, and remove and discard any Content within the Service.
7. MEMBER DISPUTES
You are solely responsible for your interactions with other users of the Service. TrackDayExperiences.co.uk reserves the right, but has no obligation, to monitor disputes between you and other users of the Service.
8. LIMITATIONS, CONDITIONS AND RULES REGARDING SERVICE
You agree that TrackDayExperiences.co.uk may establish, in its sole discretion, any limitations, conditions or rules concerning use of the Service, including, for example, the maximum number of messages a user may post to the Service in a given day, the number of days that posted messages will be available, or the maximum size of a given post. You acknowledge that TrackDayExperiences.co.uk has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
9. MODIFICATION AND TERMINATION OF SERVICE
TrackDayExperiences.co.uk reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part of it) with or without notice. You agree that TrackDayExperiences.co.uk shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that TrackDayExperiences.co.uk, in its sole discretion, may terminate your ability to use the Service, and remove and discard any Content within the Service, for any reason or for no reason, including, without limitation, for lack of use, or for violating the letter or the spirit of this Agreement. You agree that any termination of your access to the Service may be immediate and without prior notice. You further agree that TrackDayExperiences.co.uk shall not be liable to you or any third-party for any termination of your use or ability to access the Service.
10. OTHER WEB SITES AND RESOURCES
Third parties using the Service may provide links or access to other web sites and resources. Because TrackDayExperiences.co.uk has no control over such sites and resources, you acknowledge and agree that TrackDayExperiences.co.uk is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that TrackDayExperiences.co.uk shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
11. NO RESALE, REDISTRIBUTION OR REPURPOSING OF SERVICE OR CONTENT
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, use of the Service, access to the Service or any of the Content accessible through the Service, other than Content as to which you hold the intellectual property rights.
12. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TrackDayExperiences.co.uk EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) TrackDayExperiences.co.uk MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS OBTAINED AND USED AT YOUR SOLE| RISK AND DISCRETION AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY BY TrackDayExperiences.co.uk.
13. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TrackDayExperiences.co.uk SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TrackDayExperiences.co.uk HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
14. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 12 AND 13 MAY NOT APPLY TO YOU.
You agree to indemnify and hold TrackDayExperiences.co.uk, and its subsidiaries, affiliates, officers, agents, employees, and contractors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the law, this Agreement or the rights of another.
Notices to you may be made via either email or regular mail. TrackDayExperiences.co.uk may also provide notices of changes to this Agreement or the Service by displaying notices or links to notices to you generally on the Service.
17. LEGAL DISPUTES
This Agreement and your relationship with TrackDayExperiences.co.uk shall be governed by the laws of England without regard to its conflict of law provisions. You and TrackDayExperiences.co.uk agree to submit to the personal and exclusive jurisdiction of the courts located within England and agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
We may amend this Agreement at any time. All amendments shall automatically be effective 30 days after they are initially posted on our site. Your use of the Service following the effective date of any modifications shall constitute your binding acceptance of those modifications.
We reserve the right to change the terms, conditions, and notices under which this Web site is offered.
You are therefore advised to check them each time you visit the site to ensure that you still accept them and are therefore still authorised to use the site.
This Agreement constitutes the entire agreement between you and TrackDayExperiences.co.uk with respect to the Service and supersedes all prior agreements and understandings between you and TrackDayExperiences.co.uk. TrackDayExperiences.co.uk’s failure to enforce any provision of this agreement will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. Paragraphs 13, 12, 12, 14 and 15 of this Agreement shall survive any termination of the Agreement.
This agreement is governed by the laws of England. You hereby consent to the exclusive jurisdiction of the English courts in all disputes arising out of or relating to the use of this Web site. Use of this Web site is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this agreement or use of this Web site.
The operation of this site is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of our right to comply with law enforcement requests or requirements relating to your use of this Web site or information provided to or gathered by us with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
This agreement constitutes the entire agreement between you and us with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to this Web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other documents and records originally generated and maintained in printed form.
Any rights not expressly granted herein are reserved.
20. OFFICIAL LANGUAGE – ENGLISH
This AGREEMENT AND THE TrackDayExperiences.co.uk site is developed in English and MAY BE translated into other languages. TO THE EXTENT A TRANSLATION OF THE AGREEMENT OR THE SITE IS PROVIDED, IT IS AFFORDED AS a convenience only. For all purposes, only the English VERSION OF THIS AGREEMENT, AND THE ENGLISH VERSIONS OF THE TrackDayExperiences.co.uk SITE SHALL BE OFFICIAL AND BINDING ON THE PARTIES. TrackDayExperiences.co.uk is not responsible for the accuracy and correctness of the translation. You are solely responsible to carefully read AND UNDERSTAND the English text and YOU AGREE THAT YOU MAY NOT RELY on translations provided AS OFFICIAL DOCUMENTS OR REPRESENTATIONS.
PERSONAL AND NONCOMMERCIAL USE LIMITATION
This Web site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Web site.