Website and Races
1. Accessing our site
1.1 We do not charge for access to and use of our Web Site.
1.3 We do not guarantee that our Web Site, or any content on it, will always be available or be uninterrupted. Access to our Web Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Web Site without notice. We will not be liable to you if for any reason our Web Site is unavailable at any time or for any period.
1.4 You are responsible for making all arrangements necessary for you to have access to our Web Site. You are responsible for configuring your information technology, computer programs and platform in order to access our Web Site. You should use your own virus protection software.
2. Postings supplied by you
2.1 The Web Site may link to our Facebook page or other features on the Web Site which may provide some areas where you can post or exchange information, ideas and opinions as well as post photos and other materials. Such actions are collectively referred to as “Postings”. If you make use of this facility you much comply with the terms set out in this Agreement and any applicable terms (including any which may be imposed by the operators of Facebook).
2.2 The standards set out in this clause apply to all Postings. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
(i) Postings must:
-Be accurate (where they state facts).
-Be genuinely held (where they state opinions).
-Comply with applicable law in the UK and in any country from which they are posted.
(ii) Postings must not:
-Contain any material which is defamatory of any person.
-Contain any material which is obscene, offensive, hateful or inflammatory.
-Promote sexually explicit material.
-Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
-Infringe any copyright, database right or trade mark of any other person.
-Be likely to deceive any person.
-Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
-Promote any illegal activity.
-Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
-Be likely to harass, upset, embarrass, alarm or annoy any other person.
-Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
-Give the impression that they emanate from us, if this is not the case.
-Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
You warrant that all of your Postings do comply with the standards set out in this clause and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
2.3 You hereby authorise us to copy and use and/or authorise others to use all or part of your Postings in any manner (including, without limitation, for the purposes of implementing or developing any idea that you may suggest or discuss), format, or medium that we or such other parties see fit throughout the world. You waive any moral rights.
2.4 We have the right to disclose your identity to anyone who alleges that your Posting may infringe their intellectual property rights or their right to privacy.
2.5 You must not misuse the Web Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Web Site, the server on which the Web Site is stored or any server, computer or database connected to the Web Site. You must not attack the Web Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you could commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Web Site will cease immediately.
3. Monitoring and moderating
3.1 Please be aware that we have no obligation to (and do not always exercise) editorial control over Postings or other information that users post to the Web Site and such information does not necessarily reflect our views.
3.2 Notwithstanding clause 3.1, we reserve the right to monitor and/or moderate all Postings and to remove all or part of any which we consider in our absolute discretion to be offensive or otherwise in breach of this Agreement. We may also make alterations to Postings at any time and at our discretion.
4.1 If you have any complaint about any Posting or other content on our Web Site please contact us at firstname.lastname@example.org
4.2 Your complaint will be dealt with by our team in accordance with our internal moderation and take down policy and guidelines in place from time to time. A member of our team will use reasonable endeavors to respond to you although you should be aware that we receive, review, investigate and deal with complaints only during our normal business hours.
4.3 We reserve the right to terminate your registration and access to the Web Site if we suspect any misuse of our complaints procedure.
5. Intellectual Property Rights
5.1 We are the owner or the licensee of all intellectual property rights in and relating to:
our Web Site; and
the material (including all logos, text and graphics) published on the Web Site; and
the software used to operate our Web Site.
These works are protected by copyright and other intellectual property rights around the world. All such rights are reserved.
5.2 You may print off one copy, and may download extracts, of any page(s)) from our Web Site for your personal reference and you may draw the attention of others within your organisation to material posted on our Web Site.
5.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in accordance with clause 5.2 in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
5.4 Our status (and that of any identified contributors) as the authors of material on our Web Site must always be acknowledged.
6.1 The content on our Web Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Web Site.
6.2 Although we make reasonable efforts to update the information on our Web Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Web Site is accurate, complete or up-to-date.
7. Disclaimer and liability
7.1 Nothing in the Agreement shall limit our liability for fraud or for death or personal injury caused by our negligence or in relation to any other liability which cannot be excluded or limited by law.
7.2 Subject to clause 7.1 and other than as stated in this clause 7 or the Sales Terms, all implied terms, conditions or warranties are hereby excluded to the fullest extent permitted by law.
7.4 Whilst we make every effort to ensure the availability and accuracy of our Web Site and any content, we do not warrant that the availability of our Web Site will be uninterrupted or that Web Site and any materials accessible via the Web Site will be error or omission free.
7.5 We do not accept any responsibility for any use made of the Web Site and we shall not be liable:
(i) in any circumstances for any loss of profits, loss of sales or revenue, loss of or damage to goodwill, loss of customers, loss in connection with third party claims, or any indirect, special or consequential loss (even if the party concerned has advised of the possibility of such loss);
(ii) for any failures, interruptions, delays or other matters of a similar nature arising out of circumstances beyond our reasonable control; and/or
(iii) for any other loss suffered in connection with the use of our Web Site or any content to the fullest extent that we may exclude or limit such liability under applicable law.
7.6 Subject to clauses 7.1 to 7.5 above, our liability under or in connection with the Agreement and the Web Site is limited to the greater of (i) an amount equal to 100% of the amounts paid by you to us;
7.7 Different limits and exclusions apply if you purchase merchandise from our Web Site. Please refer to the Sales Terms.
8. Your personal information
9.1 We may revise the terms of the Agreement at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms and conditions may also be superseded by provisions or notices published elsewhere on our Web Site.
10. Linking to our Web Site
10.1 You may link to our home page or any other relevant page of our Web Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
10.2 You must not establish a link from any web site that is not owned by you.
10.3 Our Web Site must not be framed on any other site. We reserve the right to withdraw linking permission without notice.
11. General terms
11.1 If we fail, at any time, to insist upon strict performance of any of your obligations under any of the terms of the Agreement, or if we fail to exercise any of the rights or remedies to which we are entitled under the Agreement, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
11.2 We will not be liable to you for any breach of the Agreement that arises because of any circumstances which we cannot reasonably be expected to control.
11.3 No term of the Agreement is enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to this agreement.
11.4 If there is a conflict or inconsistency between any provision contained in the these General Terms and the Race Terms and/or the Sales Terms, except where provided to the contrary, to the extent of the conflict or inconsistency the following order of precedence shall apply:
(i) if you are purchasing merchandise, the Sales Terms will take precedence; and
(ii) if you enter a race, clause 7 of these General Terms will prevail and the Race Terms will take precedence over all other clauses of the General Terms.
The Agreement is governed by Irish law. You agree to submit to the exclusive jurisdiction of the Irish courts provided that nothing in this clause will prevent us from taking any action in any court that has jurisdiction over you.
You may contact us at email@example.com