TERMS OF USE

Serious-Racing

Serious-Racing is a service to analyse data you may collect with third party applications while operating a vehicle on a closed track. Additional services may be added in the future.

This agreement ("agreement") is a legal agreement covering the provision of Serious-Racing services ("service" or "services") by Serious-Racing.com ("Serious-Racing" or "us" or "our" or "we") to you as an individual ("you" or "your"). Your use of the services will be governed by this agreement, along with the Serious-Racing privacy policy. Please read this agreement carefully before you subscribe to Serious-Racing. By using our service, you agree to become bound by the terms and conditions of this agreement. Please don't use Serious-Racing if you don't agree with these terms of use.

Your safety

Your safety is very important to us. We are bike enthusiasts ourselves, and love going fast  in a responsible and controlled way on a closed track. Never upload data to Serious-Racing that you have collected on public roads. We consider uploading data collected on public roads to be an irresponsible and unlawful use of our service. We will immediately and without notice terminate any user's account that uses Serious-Racing in an unlawful or irresponsible way or attempts to convince other users to use this service in an unlawful or irresponsible way.

You expressly agree that it is your responsibility to operate your vehicle in a safe manner and within your own capabilities to ensure your own and other people's safety, and to follow all rules and directions given by track officials and / or instructors. You may not use the service while you are operating a vehicle. You may use our service to monitor and analyse the data you collect, but Serious-Racing is not responsible for any damage, injuries or deaths associated with the operation of a vehicle during, after or as a result of the use of our services.

Your account

You must be at least 18 years old to use Serious-Racing. You have to create an account to use the services and you will need to create a password. You are responsible for choosing a password that is not easy to guess and for keeping it secure.

Cancelling your account

You may cancel your account at any time by emailing us at support@serious-racing.com

Using Serious-Racing

Serious-Racing is for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the service, use of or access to the service. You understand that use of certain features of the service may require you to purchase third party equipment or materials (GPS systems and lap timer apps). While Serious-Racing may recommend the equipment or materials of certain third party suppliers, Serious-Racing shall have no responsibility for your acquisition or use of any third party equipment or materials and does not guarantee that third party equipment or materials will function with our service or will be error-free.

You are granted a limited, non-exclusive right to create a text hyperlink to the site, provided such link does not portray Serious-Racing in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any pornographic, illegal, offensive, harassing or otherwise objectionable material.

User content

Any content that you and other users post or otherwise make available on or through our service, except content owned by Serious-Racing is called "user content". All user content submitted by you will be considered non-confidential and non-exclusive. You are the owner of your user content, but you grant Serious-Racing a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your user content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you. Provided, however, that such use shall be conducted with due respect to your privacy as described in the Privacy Policy

You agree not to use Serious-Racing to post or transmit any material which is or may be infringing on intellectual property rights of others, harassing, threatening, false, misleading, inflammatory, libelous, an invasion of privacy or disclosure of private information, obscene, pornographic, abusive, discriminating, illegal or any material that could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or in other ways may give rise to civil liability or non-compliance with any relevant laws of your local jurisdiction.

You acknowledge, consent and agree that Serious-Racing may access, preserve and disclose your content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with a legal process, enforce the terms of use, respond to claims that any content or user content violates the rights of third parties or protect the rights, property or personal safety of Serious-Racing, its users and the public.

Third-party content

When using our services, you will come across third parties' content. Serious-Racing is not responsible for any content provided by third parties Should you reasonably believe that any third-party content you access through the service is in breach of any law, regulation or third party's rights, you should notify us through support@serious-racing.com

Interacting with other users

Serious-Racing users can add each other as friends on the service. Both parties have to agree before the friend connection is established. Users who are connected as friends on Serious-Racing can see a larger part of each other's profile information, including real name, vehicles, tracks visited and email address. You are solely responsible for your interactions with other users, whether online or in person, including but not limited to email. Serious-Racing assumes no responsibility or liability for any loss or damage resulting from any interaction with other users of the service, persons you meet, or persons who find you  through the service. You agree to take reasonable precautions in all interactions with other users, and carefully consider the personal information you are disclosing before accepting any other user as a friend. Serious-Racing does not monitor or prescreen user content prior to posting. Serious-Racing does not undertake any obligation or liability relating to any user content or activities of users on the service, but we reserve all rights to edit, remove, or refuse to post any user content or terminate your account for any reason.

Changes to the services or this agreement

We aim to keep on improving our services and introduce new features. Therefore, we will be making regular changes to Serious-Racing. At times we may temporarily or permanently discontinue or disable parts of or the entire Serious-Racing service without prior notice. We may occasionally change the terms of this agreement and will notify you via email in case of material changes. Serious-Racing will determine what constitutes as a material change. If Serious-Racing does change the terms of this agreement, all changes will go into effect at the time we post the updated agreement.

Termination

We are very happy to provide our services to you and hope you will enjoy them as much as we do. However, under some circumstances we may have to terminate our services.

If we cannot obtain affordable rates or workable terms from a supplier, or for any other reason, we may cease to offer the services. In this event, we will aim to provide but cannot guarantee one month's notice via email.

If an account is inactive for a certain amount of time, we reserve the right to delete the account and its data. We will notify you via email before taking this action.

Serious-Racing may remove any files and data associated with your account, or suspend or terminate your use of the services at any time if we are made aware that you are in breach of any term of this agreement or you are using the services for any activity that may be illegal or in breach of a third party's rights.

Collection and use of your data

We may collect non-personally-identifiable information located on your computer. The information collected may include statistics relating to how often data is transferred, and performance metrics in relation to software and configuration. You agree this information may be retained and used by Serious-Racing. Serious-Racing may disclose any or all personal data and contents you have sent, posted or published if required to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. All other use of your personal data is subject to our Privacy Policy

Limitation of Liability

The Serious-Racing software and services are provided to you as is and with no warranties whatsoever. All implied warranties are excluded to the extent legally permissible. Serious-Racing will provide the services and software using reasonable skill and care. Under no circumstances will Serious-Racing be liable to you for any consequential or indirect loss of profits or economic advantage. Serious-Racing will use reasonable efforts to ensure availability of the services, but makes no guarantee that the services will be available without interruption. Serious-Racing is not responsible for the loss of any of your data or user content as a consequence of your use of the services. You should ensure that you have backups of all your data and user content. These limitations of liability do not apply with respect to any death or personal injury as a consequence of the negligent act of Serious-Racing.

General

This agreement is governed by the laws of England and any dispute will be heard by the courts in England. Failure by Serious-Racing to enforce any right or provision of this agreement shall not constitute a waiver of such right or provision. If any part of this agreement is held invalid or unenforceable, that part will be construed to reflect the party's original intent, and the remaining portions will remain in full force and effect.