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Terms And Conditions

Terms & Conditions

This Service is owned and operated by Racenight.me.uk. The rental service offered (the "Service") are provided to users who are at least 18 years old and resident in the UK ("Member") pursuant to these Racenight.me.uk Terms and Conditions. By using this service Member agrees to these Terms and Conditions. If Member does not agree to these Terms and Conditions, Member may not use the Service.  Member understands and agrees that these Terms and Conditions represent a legally binding contract between Member and Racenight.me.uk. In addition, when using particular Service, Member shall be subject to any posted guidelines applicable to such Service. All such guidelines are hereby incorporated by reference into the Terms and Conditions and may also be modified pursuant to the procedures laid out in Section 1, below.  The contract shall in all respects be governed by English law and shall be deemed to have been made in England and the member and Racenight.me.uk agree to submit to nonexclusive jurisdiction of the English courts.  These conditions shall be deemed to be incorporated in all contracts of Racenight.me.uk to supply Service and in the case of any inconsistency with any order or form of contract sent by the Member to Racenight.me.uk whatever may be their respective dates the provision of these Conditions shall prevail.  Nothing contained in the terms and conditions excludes or limits members statutory rights.

Section 1 Modification to Terms and Conditions

Racenight.me.uk may modify the Terms and Conditions at any time without notice.   Racenight.me.uk will notify Member of any such changes via e-mail and/or by post. If Member objects to any such changes, Member's sole recourse shall be to cease using the Service. Continued use of the Service following notice of any such change(s) shall indicate Member's agreement to be bound by such changes. Member can review the most current version of the Terms and Conditions at any time.

Section 2 Service Description

Racenight.me.uk currently provides Member with access to a race video library which is rented to the member for a fixed fee.  The racenight is delivered to the member by the DHL and is returned to Racenight.me.uk by DHL within the UK.  Postage costs borne by the client and are charges as postage and packaging.  Racenight.me.uk reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.  This does not affect your statutory rights as a consumer.   MEMBER AGREES THAT Racenight.me.uk SHALL NOT BE LIABLE TO MEMBER OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF ANY OR ALL OF THE Service. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Service, including the release of new Racenight.me.uk properties or Service, shall be subject to the Terms and Conditions.  Subject to availability, Racenight.me.uk will deliver goods 2 days before the event , unless otherwise agreed with member.  Shipments outside the UK will be subject to individual agreement.

Section 2a Cancellation Rights

Member can cancel up to 5 working days before the shipment date.  Once a racenight has been shipped then a client is liable for the full cost of the racenight.  Any cancelled order is subject to a £25 handling fee.

Section 3 Member Obligations

 In order to use the Service, Member agrees to:

(a)  provide safe and secure storage for the race videos

(b) Agrees to return the rented material the next working day after the event using DHL.  Use of any other courier is at the members risk and as such they shall be liable of any loss and will be subject to our standard late fees, until all material is returned to stock.

(c) provide true and accurate information at all times. If Member provides any information that is untrue, inaccurate, not current, or incomplete, or Racenight.me.uk has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Racenight.me.uk has the right to suspend or terminate Member's account and refuse Member any and all current or future use of the Service.

Section 4 Member Conduct

Member agrees not to use the Service to: a. violate any local, state, national or international law; b. stalk, harass or harm another individual; c. collect or store personal data about other Members; d. impersonate any person or entity, or otherwise misrepresent Member's affiliation with a person or entity; e. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.

Member undertakes to treat the race nights with respect and care and will endeavour to insure that no damage is done to the videos,  or their packaging. The member undertakes not to make any illegal copies of the videos  and to respect the copyright of the films.

Section 5 Privacy Policy
 

Pursuant to Racenight.me.uk Privacy Policy, Racenight.me.uk may disclose to third parties certain information derived from Member's Registration Data or related data. Racenight.me.uk will not disclose any personally identifying Registration Data except as specifically authorized by Member or in the belief that such action is reasonably necessary to comply with the law, legal process, or to enforce the Terms and Conditions. Member agrees that Racenight.me.uk itself may use Member's individual Registration Data and related data to provide Member with targeted content, advertisements and information about other products and Service.

Section 6 Indemnity
 
Member agrees to indemnify  Racenight.me.uk, and its subsidiaries, directors, employees and  agents for any reasonable expense (including public expenses) or damage reclaimed by third party as a result of a Member actuation or of any other person that uses the user account and password. Racenight.me.uk has the right to disclose the identity of any Member to public authorities according to legal regulations in case that this is necessary to identify, localise or start legal action against Member and to refrain from developing any of the activities described in the previous paragraphs: Racenight.me.uk may communicate to third parties that require it personal information of the Member in case they develop activities that in opinion of Racenight.me.uk may damage third parties.  The Member agrees to indemnify Racenight.me.uk and its subsidiaries, directors, employees and agents for any expense (including public expenses) or damage reclaimed by a third party as a result of a Member actuation or of any other person that uses the user account and password.  The member undertakes not to hold Racenight.me.uk responsible for any delays in delivering race nights back to the company, or from the company to the member.

Section 7 General Practises
 
Member acknowledges that Racenight.me.uk may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that information, data, account history or other uploaded content will be retained by the Service, the maximum disk space that will be allotted on Racenight.me.uk servers on Member's behalf, and the maximum number of times (and the maximum duration for which) Member may access the Service in a given period of time. Member acknowledges that Racenight.me.uk reserves the rights to terminate accounts that are inactive for an extended period of time, as determined by Racenight.me.uk in its sole discretion. Member further acknowledges that Racenight.me.uk reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. MEMBER AGREES THAT Racenight.me.uk HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OR FAILURE TO STORE ANY INFORMATION OR DATA AND OTHER COMMUNICATIONS OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY OR THROUGH THE Service.

Section 8 Termination
 
Member agrees that Racenight.me.uk, in its sole discretion, may terminate Member's use of the Service, without notice.  If Racenight.me.uk terminate the agreement under section 8, they will refund the member for any unused service entitlement, within 28 days.   FURTHER, MEMBER AGREES THAT Racenight.me.uk SHALL NOT BE LIABLE TO MEMBER OR ANY THIRD PARTY FOR ANY TERMINATION OF MEMBER'S ACCESS TO THE Service.  Member may terminate their Service at any time. Notice must be given in writing and by e-mail, quoting order number.  Notice must be received by Racenight.me.uk AT LEAST 5 Working Days prior to the shipping date.

Section 9 Dealing with Advertisers
 
Member's correspondence or business dealings with, participation in promotions of, or purchase of goods and/or Service from advertisers or sponsors found on or through the Service, including payment and delivery of goods or Service, and any other terms, conditions, warranties or representations associated with such dealings, are solely between Member and such advertiser(s) or sponsor(s). MEMBER AGREES THAT Racenight.me.uk SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS, OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS OR SPONSORS ON ANY MEDIA OR VIA THE Service.

Section 10 Web Site Links
 
Racenight.me.uk provision of a link to any other Web site or location is for Member's convenience and does not signify Racenight.me.uk endorsement of such other site or location or its contents. Racenight.me.uk SHALL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEB SITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, OR FOR MEMBER'S USE OF SUCH INFORMATION.

Section 11 Ownership of Materiel

 Member acknowledges and agrees that the Service and any necessary Materiel provided by Racenight.me.uk and used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Racenight.me.uk grants Member a personal, non-transferable and non-exclusive right and license to use the Materiel solely in connection with Member's use of the Service; provided that Member does not (and does not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, rent, lease, loan, sublicense, grant a security interest in or otherwise transfer any right in the Materiel. Member agrees not to modify the Materiel in any manner or form, or to use modified versions of the Materiel, including (without limitation) for the purpose of obtaining unauthorized access to the Service. Member agrees not to access the Service by any means other than through the interface that is provided by Racenight.me.uk for such use.

Section 12 Disclaimer of Warranties/information Provided/No Advise
 
Without limiting Members statutory rights, all media and the Service are provided "as is" and without representation or warranty of any kind. Member use of the Service and/or any data and/or information provided to member on or through any media or through the Service ("information") is at member's own risk. Neither Racenight.me.uk, nor any of its information providers (defined below), make any warranty, expressive or implied, including any implied warranties of fitness for a particular user or purpose, or noninfringement, regarding the Service, the information, or any Service or merchandise provided over or through the Service, other than those warranties which are incapable of exclusion under the laws applicable to these Terms and Conditions or otherwise explicitly stated in any applicable agreement with member. The information, whether developed by Racenight.me.uk or provided by third parties ("information providers"), is neither guaranteed nor warranted by Racenight.me.uk or the information providers for its accuracy, reliability, completeness, timeliness, or suitability for member's uses or those of any other person.   IN ADDITION, Racenight.me.uk DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.

Section 13 Limitation Of Liability
 
Nothing contained in the terms and conditions excludes or limits members statutory rights.

Member understands that to the extent permitted under applicable law, in no event will Racenight.me.uk or its officers, employees, directors, shareholders, parents, subsidiaries, affiliates, agents or licensors be liable for any losses that were not foreseeable to both parties when the contract was made, or for losses that were not caused by any breach on the part of the supplier.


Section 14 Notice

 
Notices to Member shall be made by mail, at the address given in Member's registration information, or via email at the email address provided in Member's registration information; any such notice shall be deemed effectively given upon delivery. Notice to Racenight.me.uk shall be effective upon receipt and made by mail, return receipt requested at the following address:


Attn: Legal Department

Racenight.me.uk

PO Box 40

Buntingford

Hertfordshire

SG9 9NZ

 

Section 15 Trademark Information
 
Racenight.me.uk is a trademark of Racenight.me.uk. Other Racenight.me.uk trademarks as well as any third party trademarks, service marks, logos, and trade names appearing on this Web Site or on or through the Service are the property of their respective owners.

Section 16 Copyrights
 

The content of all media (the "Content"), including without limitation, text, photos, and graphics, are copyrighted by Racenight.me.uk and/or its licensors under UK and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by Racenight.me.uk or its licensors. The Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of Racenight.me.uk and its applicable licensors. Member must abide by all copyright notices, information, or restrictions contained in or attached to any Content. If Member believes that any Content infringes Member's copyrights, Member may contact Racenight.me.uk's copyright agent at the following address:

 

Attn: Copyright Department

Racenight.me.uk

PO Box 40

Buntingford

Hertfordshire

SG9 9NZ


Section 17 General Information
 
English law, notwithstanding Memberís actual place of residence, shall govern the Terms and Conditions and the relationship between Member and Racenight.me.uk.  The failure of Racenight.me.uk to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the Terms and Conditions remain in full force and effect, if the agreement is capable of continuing in existence without this provision. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect.


The member undertakes not to hold Racenight.me.uk responsible for any delays in delivering race videos back to the company, or from the company to the member.  The member agrees not to hold the Racenight.me.uk responsible for any content in any film rented  as part of the Service.

Copyright Professional Racenight Service 

©1996- All rights reserved

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