Legal policies
General Terms and Conditions
Last update: 22.05.2018
Content
02. Agreement
03. RaceRacer with Care for Your Personal Data
04. Cookies
05. Rules That Are Expected to Comply with as a RaceFacer User
06. Users' Rights
07. Denial and Limitation of Liability
08. Changes
09. Termination
1. The mission of RaceFacer
The RaceFacer mission is to have a connection between all amateur go-kart drivers (users and karting tracks). The platform offers a variety of information and communication tools. The platform makes a direct connection between users and karting tracks by publishing updated results information, rankings, challenges and more.
2. Agreement
We inform you that by entering, registering and/or using the platform and our services you make a legally binding agreement (even when you use our services on behalf of a legal entity (karting track)).
2.1. When you use the services of www.racefacer.com, you conclude into a legally binding agreement with FaceRacer Ltd.;
2.2. This AGREEMENT includes Terms and Conditions, Privacy Policy, Cookie Policy, and other terms that you will see when you first use certain features in RaceFacer. New features can be added by RaceFacer periodically. If you do not agree with this AGREEMENT, do not access, register, use the platform or our services; If you are a registered user and disagree with this AGREEMENT, please delete your account.
2.3. This AGREEMENT applies both to registered users of our services referred to as MEMBERS and to unregistered users referred to as VISITORS. The term USER applies to both categories of MEMBERS and VISITORS;
2.4. To use the services of RaceFacer, you agree that you have reached the minimum age as defined by your local law. The platform services can be used by persons under 16 years of age. For the creation of a profile of a person under 16 years of age, there must be a written consent of his/her parent/guardian when registering by KIOSK on site, at any of the karting tracks, member of the RaceFacer network. There are restrictions on the use of services for persons under 16 years of age - no photo option, no access to communication channels, no participation and no option to create challenges.
2.5. As RaceFacer provides a wide range of Services, we have the right to ask you to review and accept additional terms that apply to your interaction with a specific application, product, or service. These additional terms associated with the app, product, or service will prevail over these terms of use until they begin to contradict it with respect to the use of such apps, products or services to the extent of contradiction.
3. RACEFACER WITH CARE FOR YOUR PERSONAL DATA
By registering on the RaceFacer platform, members give their explicit consent to collect personal information about them, as well as their use of RaceFacer under these General Terms and Conditions and our separate Privacy Policy, which you should read carefully. Registration in RaceFacer takes place via a web browser, mobile application, or KIOSK on any of the karting tracks part of the platform.
For more details about our Privacy Policy, please see the following link: "Privacy Policy"
RaceFacer will take all reasonable and reasonable steps to protect the privacy of its users.
By using the RaceFacer platform, you agree to the use of cookies in your browser. More information about cookies can be found in the "COOKIES" section.
4. COOKIES
Cookies are small text files that are stored by your browser on the hard drive of your computer. The cookies used by RaceFacer do not store any personal data.
For more details on cookies, please see our Cookies Policy at the following address: "Cookies Policy"
5. RULES THAT ARE EXPECTED TO COMPLY WITH AS A RACEFACER USER:
5.1. Membership in the platform
5.1.1.Your RaceFacer membership profile is completely free. Premium services are available for some user profiles and may require payment. RaceFacer will inform you in case of chargeable fees before claiming any Premium Services. You have the right to decide not to file these services.
5.1.2. In order to become a member of the RaceFacer platform, we will require you to fill out a registration application that will provide RaceFacer with your personal information and you will need to agree to these Terms and Conditions, Privacy Policy and Cookies Policy.
5.1.3. It is forbidden to create more than one personal profile in the RaceFacer platform and you should not create a false identity in it.
5.1.4. You are required to provide accurate information about your account and to update it throughout your membership.
5.1.5. You don’t have the right to create or manage another person’s account or use it without permission.
5.1.6. If RaceFacer deactivates your account, you can not create another one without our permission.
5.1.7. You should not share your password or do other actions that could endanger the security of your account.
5.1.8. If you choose a name or similar identifier for your account or page, RaceFacer reserves the right to remove or reclaim it if it deems to be inappropriate (such as when a trademark owner complains about a non-related username with the real user name).
5.1.9. You must use the RaceFacer platform in a respectful manner and please do not post offensive or misleading content.
5.1.10. You should not send spam or other unsolicited messages to others.
5.1.11. You must not commit any acts that are unlawful, defamatory, abusive, obscene, discriminatory or reprehensible.
5.1.12. You must not post unsolicited or unauthorized advertising. You should not send junk mail, spam, chain letters / messages, pyramid schemes or other similar actions which are not allowed by RaceFacer.
5.1.13. You agree that RaceFacer reserves the right to transfer its rights and obligations to consumers in whole or in part to a third party.
You may terminate this AGREEMENT at any time by complying with paragraph 9 Termination of this Agreement.
You are responsible and liable for any information, content, and actions relating to your account in RaceFacer.
Karting track profiles pass a verification procedure from RaceFacer, which includes the following
steps:
- Conclusion of a contract between FaceRacer Ltd. and the relevant karting track
- Provide a document filled in with specific information from the specific karting track by FaceRacer.
- Creating a karting track profile in the RaceFacer platform from the RaceFacer administrator.
RaceFacer can not guarantee the identity of all accounts using its services. You are responsible for any damages or harm caused by using a professional account or a legal entity profile without you being entitled to do so.
If you suspect that someone is trying to threaten your account, you must immediately notify RaceFacer about it.
5.2. Notifications, system messages, and advertising
Advertisements plays a major role in maintaining and providing RaceFacer services.
To control what messages you receive from RaceFacer via your email, please review your account settings.
5.3. Messaging and sharing
RaceFacer services allow you to send messages and share information in different ways - through your account, through content (articles, status posts, comments, galleries, shares) and an internal messaging system. Information and content shared by you can be viewed by other members of RaceFacer, and if they are public, they can be seen by platform visitors. In places where settings are available, RaceFacer will take into account your choices regarding the visibility of your content and information. Please note that some services are confidential by default and can only be viewed by those for whom they are intended.
The RaceFacer platform is not necessarily required to publish any information or content and may remove it at its sole discretion, with or without notice.
5.4. Protection of the RaceFacer platform and user information
The RaceFacer team strives to keep the platform safe but can not guarantee it. We ask you to cooperate according to your capabilities to safeguarding its security:
5.4.1. You should try to keep your account safe: (1) select a secure and safe password (minimum 6 digits, preferably a combination of numbers and letters); (2) protect your password; (3) report any doubt that someone is trying to access your account; (4) report any doubt that someone is trying to threaten the safety of the RaceFacer platform.
5.4.2. You do not have the rights to collect user content or information or distinct access the RaceFacer platform by automatic means (eg. bots collecting information, robots, spiders or scrapers).
5.4.3. You should not post information that contains software viruses or other malicious code.
5.4.4. You should not attempt to collect registration information or access an account that belongs to another person in the platform.
5.4.5. You should not harass, insult or harm other users in the platform.
5.4.6. You should not use the RaceFacer platform for illegal, misleading, harmful or discriminatory purposes.
5.4.7. You should not take any action that may cause you to disable, overburden, or interfere with the normal operation of the interface of the RaceFacer platform, such as attacking or interfering with the loading of pages or other functionality of the platform.
5.4.8. You do not have to perform activities that simulate the appearance and functionality of the platform, as well as those related to farming and migrating techniques, allowing redirection to fake and infected sites.
5.4.9. You will not support or encourage any violation of this AGREEMENT neither our policies.
5.5. Protection of the rights of other users
Users are required to respect and protect the rights of other users in the RaceFacer platform:
5.5.1. You must not post content or take any other action on the RaceFacer platform that affects or violates foreign rights or in other way violates the law.
5.5.2. You must not copy or use information, content or data to other users available on the RaceFacer platform unless you have expressly agreed to that.
5.5.3. You must not disclose any information that you do not have the right to disclose, violate any intellectual property rights or other rights of FaceRacer Ltd. or any other natural or juridical person without their express consent.
5.6. Intellectual property rights
FaceRacer Ltd. retains all intellectual property rights on the platform (including logo and other trademarks, service marks, designs or registered trademarks, technical or intellectual know-how):
5.6.1. You must not use the copyright of FaceRacer Ltd. or any trade or other similar marks that may lead to confusion unless you have the express prior written consent of FaceRacer ltd.
5.6.2. You must not copy or use any information, content or data on the RaceFacer platform unless you have the express prior written consent of FaceRacer Ltd.
5.6.3. You must not apply engineering methods, decompile, disassemble, decrypt or otherwise attempt to retrieve the source code of the platform or other related technology or parts thereof.
6. USERS' RIGHTS
6.1. Sharing content on the RaceFacer platform
As a user of the RaceFacer platform, you own the content and information you publish in it. You grant FaceRacer Ltd. only a non-exclusive worldwide license, sublicensing and transferable right to use, copy, modify, distribute, publish and process information and content you have provided through the RaceFacer platform without the need for additional consent, notice and / or compensation for you or others. These rights are limited as follows:
6.1.1. You may terminate this content license by deleting the relevant content from the RaceFacer platform or, in general, by closing your account except (A) the scope to which you shared with others as part of the platform and they have copied or stored the shared and (B) the time it takes to remove from the backup repository and other systems.
6.1.2. RaceFacer will not include your content in third-party products and services (including sponsored content) to other third parties without your explicit consent. RaceFacer has the right to display ads near your content and information without compensation for you or others.
6.1.3 RaceFacer will request your consent if it intends to allow others to post your content outside of the platform.
6.1.4. RaceFacer can edit and change the format of your content (such as by translating, modifying the size, layout or type of file or removing metadata) but will not change the meaning of your statement.
6.2. In order to keep relevant content for users on the RaceFacer platform and in accordance with the applicable law, you agree to the following terms and conditions:
6.2.1.RaceFacer may access, store and use any information you provide in accordance with these Terms and Conditions, the Privacy Policy, and the Cookie Policy.
6.2.2. RaceFacer is a digital platform for karting and its content should be related to karting, Formula 1, motor sports in general, extreme sports and extreme experiences.
6.2.3. The content or information provided must not violate the law or any rights (including intellectual property rights or a contract).
6.2.4. You declare that your account information is correct.
6.2.5. When submitting offers or sending feedback to FaceRacer Ltd. regarding its Services, you agree that FaceRacer Ltd. may use and share (but not be obligated) for any purpose without compensation for you.
6.4. Restrictions
FaceRacer Ltd. has the right to change, suspend or terminate any service. FaceRacer Ltd. is not obliged to store, maintain or provide a copy of any content or information that users have posted except in cases expressly provided by law.
FaceRacer Ltd. reserves the right to limit the use of the platform, including the number of user contacts and the ability to connect with other members.
FaceRacer Ltd. reserves the right to temporarily suspend, suspend and close a profile in case of suspicion of breach of this AGREEMENT.
7. DENIAL AND LIMITATION OF LIABILITY
We try to keep the RaceFacer platform functioning properly, virus free and safe, but you use it at your own risk. We provide the RaceFacer platform as it is, without any express or implied warranties. We do not guarantee that the RaceFacer platform will always be safe, secure, and error-free, or will always work without interruptions, delays or problems. FaceRacer Ltd is not responsible for the actions, content, information or data of third parties, and you release us from responsibility, our directors, officers, employees and agents from any claims and damages, known and unknown, arising from or in any way related with any claim you have against such third parties.
To the extent permitted by law (and unless Federer has made a separate written agreement that takes precedence over this agreement), FaceRacer Ltd. (and those with whom FaceRacer Ltd. works to provide the services) will not be liable to you or other persons for any indirect, incidental, special, consequential or punitive damages or loss of any data, opportunities, reputation, profits or income related to the Services (such as offensive or defamatory statements, time of stay or loss, us your information and content).
The applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages so that the above limitation or exclusion may not be applicable to you.
8. CHANGES
We may periodically change / update these Terms and Conditions, Privacy Policy, and Cookies Policy. In the event that we make any changes, we will notify you through our services and / or other means to enable you to review the changes before they enter into force. If you continue to use our services after the notice period has expired and the changes are effective, this will mean that you have agreed to the changed / updated General Terms and Conditions, the Privacy Policy and the Cookies Policy.
In case of you do not agree with these changes, you should stop using the platform and terminate your membership in accordance with paragraph. 9 Termination.
9. TERMINATION
9.1. Termination by the user
You may terminate this AGREEMENT at any time by canceling your account by sending an email to privacy@racefacer.com or, use the "Delete account" button in your account settings menu. Upon termination, you lose the right to access or use the platform as a member. It also deletes your personal data from the servers on the slopes you have piloted.
9.2. Termination by FaceRacer
FaceRacer Ltd. may terminate this AGREEMENT by sending an email to you in the following cases:
a) In the event that FaceRacer Ltd. ceases to operate the platform.
b) In the event that FaceRacer Ltd. believes you are violating your obligations as a member.
c) In the event that FaceRacer Ltd. believes you are violating the rights of others or jeopardizing the security of the RaceFacer platform or other persons.
d) If you use Premium Services and systematically do not pay the fees required by your additional written agreement.
e) If you violate these Terms and Conditions in any other way.
9.3. Delete inactive profiles:
Inactivated profiles on RaceFacer.com will be deleted after 5 years from the date of initial registration.
9.4. Even after the termination of the AGREEMENT, the following shall remain in force:
a) FaceRacer Ltd. rights to use and disclose feedback from users;
b) ПThe rights of other users to re-share the content and information posted by their participants in the platform, limited to the scope of the already shared and copied before the termination;
c) Any amounts owed by any party before the termination shall remain due after termination.
10. SETTLEMENT OF DISPUTES
a) All provisions will be governed by Bulgarian law, regardless of conflict of laws norms.
b) Any dispute relating to these terms and conditions will be resolved by mutual consent and permitted under the laws of the Republic of Bulgaria.
c) In the event that any person claims against FaceRacer Ltd. in connection with user actions, content or information uploaded by users to the RaceFacer platform, the user will indemnify FaceRacer Ltd. for all damages, losses and costs of any kind (including reasonable legal fees and costs) related to such claim.