ISSUED BY AMR GP Limited t/a ASTON MARTIN FORMULA ONE TEAM ("Aston Martin F1 Team", "we" or "us").
Last updated 6 January 2020
This agreement (“Terms of Use Agreement”) applies to and governs the use of our website: www.astonmartinf1.com (the “Website”).
Please read the following carefully before using the Website. By doing any of the foregoing (or, where we make this available, by clicking ‘ACCEPT' or similar), you are agreeing to be bound by and become a party to this Terms of Use Agreement (and regardless of whether or not you choose to register an Account (as defined in Clause 3.1 below)) with us. If you do not agree with this Terms of Use Agreement, you may not use the Website.
AMR GP Limited is a company registered in England and Wales with our registered office at Dadford Road, Silverstone, Northamptonshire, NN12 8TJ, and company number 11496673. If you have any queries concerning this Terms of Use Agreement you may contact us at media@astonmartinf1.com
Please note that additional terms and conditions may apply to specific sections of our Website. In particular, specific provisions will apply to products and services purchased and ordered via the Aston Martin F1 Team Online Store at shop.astonmartinf1.com In all cases, additional terms and conditions will be drawn to your attention where applicable.
1. Limited Use License
1.1 Aston Martin F1 Team grants you a limited, non-exclusive right and license to use the Website for your personal non-commercial use.
1.2 This Terms of Use Agreement and your use of the Website does not give you any rights of ownership in any property whether tangible or intangible.
1.3 The Website comprises of copyright protected works of Aston Martin F1 Team and/or its licensors. Other than the licensed rights set out expressly in this Terms of Use Agreement, you gain no other title, licence or ownership right in the Website. Any use, exploitation, reproduction or redistribution by any means of the Website which is not in accordance with the terms of this Terms of Use Agreement is expressly prohibited.
2. User Obligations
2.1 You must not do any of the following with the Website except to the extent expressly permitted by this Terms of Use Agreement:
2.1.1 attempt to gain unauthorised access to the Website or to the computers, devices, servers, or networks connected to them by any means other than the user interfaces provided by Aston Martin F1 Team;
2.1.2 misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful, and you must not attack the Website via a denial-of-service attack or a distributed denial-of service attack;
2.1.3 use the Website for any illegal or immoral purposes or in any manner which infringes the rights of any third party (including without limitation their intellectual property rights or privacy rights), or otherwise conduct yourself in a manner which gives rise to civil or criminal liability or which might call into disrepute Aston Martin F1 Team;
2.1.4 infringe our intellectual property rights or those of any third party in relation to your use of the Website (to the extent that such use if not licensed under this Terms of Use Agreement);
2.1.5 use the Website by automated means or otherwise for the purposes of scraping, extracting or otherwise obtaining any material from the Website for use within a third party website or application;
2.1.6 collect or harvest any information or data from the Website or our systems or attempt to decipher any transmission to or from the servers running the Website;
2.1.7 copy, or otherwise reproduce or re-sell any part of the Website unless expressly permitted to do so in this Terms of Use Agreement; or
2.1.8 disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Website or attempt to do any such thing.
2.2 You will cooperate fully with Aston Martin F1 Team to investigate any suspected illegal, fraudulent or improper activity.
3. YOUR ACCOUNT AND PASSWORD
3.1 You will need to register an account with us on the Website in order to access certain services available on the Website ("Account"). Each Account registration is for a single user only. We do not permit you to share your Account usernames and/or passwords with any other person, nor with multiple users on a network.
3.2 If you register an Account, you will be asked to provide certain information and to create a password as part of our security procedures. You must treat such password as confidential and you must not disclose it to any third party as you will be responsible for all activities which occur on your Account and/or through the use of your log in details.
3.3 We have the right to disable any Accounts and/or passwords, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of this Terms of Use Agreement.
3.4 If you know or suspect that anyone other than you knows your Account login details, you must immediately notify us at myaccount@astonmatinf1.com and immediately change your password.
3.5 You are responsible for any unauthorised use of your Account login details.
4. USER-GENERATED CONTENT
4.1 We may, in our discretion, provide a user-generated content functionality through which you can create, upload, publish, submit, provide or otherwise make available and/or transmit content you create through the Website (“User-Generated Content”). By contributing or making available any User-Generated Content through the Website, you are granting us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable permission, right and licence for us to use, copy, adapt, edit, translate, make available, transmit and otherwise communicate, display and publish such User-Generated Content (or any part of it) on the Website and any parts of it, and also to store your contributions on our servers, for the purposes of providing the Website and also for the purposes of reasonably marketing, promoting, publicising and operating Aston Martin F1 Team.
4.2 You are responsible for all User-Generated Content you submit to us and share with others in accordance with this Clause 4 and you indemnify us in accordance with Clause 10.1.
4.3 Regarding your User-Generated Content, you warrant and represent that you own all necessary rights (including without limitation any and all intellectual property rights) to grant us the rights pursuant to Clause 4.1 and that the content is your original work. Furthermore, you warrant and represent to us that: (i) your User-Generated Content does not infringe the rights of any third party (including without limitation their intellectual property or privacy rights) and does not defame a third party; and (ii) you have obtained any and all necessary consents from any third party individuals and organisations featured in your User-Generated Content; and (iii) your User-Generated Content does not feature any individuals under the age of 18, except with the express prior permission of the child's parents in writing.
4.4 We do not actively pre-moderate User-Generated Content. However, if you have any concerns about particular content you have seen, please get in touch with us and let us know by email at media@astonmartinf1.com. Without prejudice to the foregoing, we reserve the right to remove, moderate or delete User-Generated Content at our discretion (such as, without limitation, where we find it to be in breach of this Terms of Use Agreement or the spirit of them, or in breach of community guidelines we may make available from time to time, or the spirit of them).
5. Ownership
5.1 All right, title, interest and ownership rights and any and all copyrights, design rights, database rights, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications or extensions therefor and all other intellectual property rights of any similar or equivalent type in any territory of the world (“Intellectual Property Rights”), in or connected with the Website and each part thereof (including by way of example only any sounds, titles, code, themes, objects, concepts, artworks, animations, audio-visual effects and methods of operation) and any copies, translations, modifications, adaptations and any other derivative based on the Website are owned by, belong to and vest in Aston Martin F1 Team and its licensors. The foregoing is, however, subject to Clauses 5.2.
5.2 The Website may contain certain licensed materials licensed by third parties to Aston Martin F1 Team. All trade marks, copyrights and other rights in such third party licensed materials are the property of their respective owners.
5.3 The Website may include intellectual property, or references, relating to third parties such as (without limitation) real-world events, people, organisations, places, stadia, venues, companies and competitions or other real-world references. Except where we may have licensed rights from the relevant party, we do not represent that we have a connection with or any arrangement with such rights owners. We may in some instances make limited use of unlicensed third party intellectual property for the limited purposes of providing information about and/or to identify real-world facts in an honest and fair way and as permitted by applicable law.
6. TERMINATION
6.1 This Terms of Use Agreement and the licences granted by it are effective until terminated.
6.2 We may temporarily discontinue the Website at any time for the purposes of upgrades, maintenance or other service administration reasons in our discretion. We will use our reasonable endeavours to limit the length of time this occurs for.
6.3 We may terminate this Terms of Use Agreement if you fail to abide by any of the terms and conditions of this Terms of Use Agreement at any time and for any reason or if we reasonably suspect that you have failed to abide by any of the terms and conditions of this Terms of Use Agreement. We may take any action we deem reasonable against users who do not comply with this Terms of Use Agreement, which may include banning users from using the Website. We reserve the right to determine what conduct we consider to be in violation of, or otherwise outside the intent or spirit of, this Terms of Use Agreement. However, if what you have done can be put right we will then give you a reasonable opportunity to do so.
6.4 Without prejudice to the other provisions in this Terms of Use Agreement, we may terminate our agreement with you (in whole or in part) for any reason at our discretion upon reasonable notice to you.
7. Warranty and Limitation of Liability
7.1 Aston Martin F1 Team warrants that it has used and will use reasonable efforts to ensure that:
7.1.1 it is entitled to grant the rights and licences granted hereunder; and
7.1.2 the Website will be as described, fit for purpose and of satisfactory quality.
7.2 Except as specifically provided in this Terms of Use Agreement and to the maximum extent permitted by law:
7.2.1 the Website is provided on an "as is" and “as available” basis without warranty or guarantee of any kind (express or implied) other than those set out in this Terms of Use Agreement;
7.2.2 Aston Martin F1 Team only accepts liability for direct loss as a result of its breach of its warranties in Clause 7.1 above unless otherwise set out in this Terms of Use Agreement;
7.2.3 subject to Clauses 7.3 and 7.2.4, Aston Martin F1 Team’s maximum liability to you under this Terms of Use Agreement, in aggregate, will be limited to the amounts paid by you to us;
7.2.4 Aston Martin F1 Team will not in any event be liable for any consequential or indirect loss or damage (save to the extent that damage to your device or other digital content which you own is caused by the Website as a result of our failure to use reasonable care and skill (in which case you may be entitled to compensation or we may be obliged to repair your device));
7.2.5 Aston Martin F1 Team does not guarantee that the operation of the Website will be uninterrupted or error free or that errors can or will be corrected, or that the Website are free of viruses or other harmful components. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period. We may update the Website and/or change the content on it at any time;
7.2.6 the Website and the content on it are provided for general information purposes only and they are not intended to amount to advice on which you should rely. We make no representations about the reliability, availability, timeliness or accuracy of the content included on the Website, and we cannot guarantee that any information displayed on the Website has not been changed or modified through malicious attacks or hacking; and
7.2.7 you agree not to use the Website, or any content on the Website, for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
7.3 This Terms of Use Agreement shall not limit any rights you might have as a consumer that may not be excluded or limited under applicable law nor shall it exclude or limit any liability for fraud, fraudulent misrepresentation, or death or personal injury caused by Aston Martin F1 Team’s negligence.
8. AGE RESTRICTIONS
8.1 Aston Martin F1 Team does not target the Website to users under 13 years of age. To use the Website you must be both: (a) of an age which meets the minimum age requirements of the Website in the territory you are in (where we make this information available to you); and (b) in any event, you must be 13 years of age or older.
8.2 By using the Website you confirm that you are 13 years of age or older and, where you are under 18 (or, if higher, the age of legal contractual capacity in the territory you are in), you confirm that you have your parent’s or guardian’s consent to use the Website and that your parent or guardian has read and agreed to this Terms of Use Agreement on your behalf.
9. Consumer Rights AND ALTERNATIVE DISPUTE RESOLUTION
9.1 This Terms of Use Agreement shall not limit any rights you might have as a consumer that may not be excluded or limited under applicable law.
9.2 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint you may choose to make, you may want to consider an alternative dispute resolution provider.
10. Indemnity and Remedies
10.1 You hereby indemnify (agree to compensate), and agree to defend and hold Aston Martin F1 Team and Aston Martin F1 Team’s affiliates, officers, directors, owners, licensors, service providers, partners, contractors, employees, agents and licensees (collectively, the "Indemnified Parties") harmless from and against any and all any liabilities, claims, costs and expenses (including legal expenses and lawyers’ fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Terms of Use Agreement or claims arising directly or indirectly from your use or misuse of the Website, and any negligent or improper use of your device, password or username; any use otherwise than in accordance with the terms of this Terms of Use Agreement and any community guidelines that we make available from time to time; and / or third party claims of intellectual property rights or privacy rights infringement, or of defamation against a third party, arising directly or indirectly from your User-Generated Content. You shall fully cooperate with Aston Martin F1 Team in the defence of any such claim and AMF1 reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
10.2 You further agree that the subject matter of this Terms of Use Agreement is of a unique character with special value and that Aston Martin F1 Team would be irreparably damaged if the terms of this Terms of Use Agreement were not specifically enforced, and therefore you agree that AMF1 shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies (including injunctive relief) with respect to breaches of this Terms of Use Agreement, in addition to such other remedies as AMF1 may otherwise have available to it under applicable laws.
10.3 Aston Martin F1 Team's affiliate companies and licensors shall be third-party beneficiaries under this Terms of Use Agreement and shall have the express right to enforce its provisions and to enjoy the benefits of its protections.
11. ADVERTS
11.1 We are responsible for the placing of advertisements on our Website (to the extent we undertake this activity), but we do not control or review the specific content of those advertisements. We do, however, have control over the general types of advertisements that are placed at a high-level to take all reasonable efforts to avoid placing any inappropriate advertisements. Please report any advert that you find offensive or inappropriate to us at media@astonmartinf1.com.
11.2 If you click on any advertisement please be aware that you will be dealing with external companies responsible for that advert and you may be redirected to their services or website. Aston Martin F1 Team does not control the actions of these companies or the content of their websites or services.
12. THIRD -PARTY LINKS
The Website may include links to third-party websites, plug-ins and applications (“Third-Party Websites”). We assume no responsibility for the content of Third-Party Websites (including links to our commercial sponsors and partners). Such links should not be interpreted as an endorsement by us of those Third-Party Websites. We will not be liable for any loss or damage that may arise from your use of Third-Party Websites. If you decide to access Third-Party Websites, you do so at your own risk.
13. LINKING TO THE WEBSITE
You may link to the Website provided that you do so in a manner that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way so as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to the Website on or in any website that is not owned by you.
14. DATA PROTECTION
14.1 Please be aware that any personal data you supply to us when using the Website will be used by us in accordance with our Privacy Policy. Please read our Privacy Policy carefully at www.astonmartinf1.com/privacy-policy
14.2 Clicking on links to Third-Party Websites may allow third parties to collect or share data about you. We do not control Third-Party Websites and are not responsible for their privacy statements. When you leave the Website, we encourage you to read the privacy notice of every Third-Party Website you visit.
15. CHANGES TO THIS TERMS OF USE AGREEMENT
We may update this Terms of Use Agreement from time to time for any reason by posting the updated version to the Website but changes to the Terms of Use Agreement take effect only where they are permitted by law and made available to you for your agreement. Every time you use the Website you are deemed to have accepted the latest version of this Terms of Use Agreement in place at that time. Please check on www.ftgames.com the Website for any updates to the Terms of Use Agreement each time you use our Website.
16. GENERAL
16.1 This Terms of Use Agreement constitutes the entire agreement between Aston Martin F1 Team and you in respect of its subject matter.
16.2 Even if we delay in enforcing this Terms of Use Agreement and/or our rights, we can still enforce this Terms of Use Agreement and/or our rights later. If we do not insist immediately that you do anything you are required to do under this Terms of Use Agreement, or if we delay in taking steps against you in respect of your breaking of any term of this Terms of Use Agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
16.3 We may transfer our rights and obligations under this Terms of Use Agreement to another organisation (such as, without limitation, in the event of a business restructure or acquisition). We will let you know if that happens and we will ensure that your rights under this Terms of Use Agreement are unaffected. You may not transfer your rights or obligations under this Terms of Use Agreement unless we expressly agree to the transfer in writing.
16.4 Except where expressly stated to the contrary in this Terms of Use Agreement, this Terms of Use Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Terms of Use Agreement.
16.5 In the event that any provision of this Terms of Use Agreement (including, without limitation, any restriction) shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be interpreted in such a way as to ensure it is enforced to the maximum extent permissible in a manner reflecting the parties' intentions and the remaining portions of this Terms of Use Agreement shall, in any event, remain in full force and effect.
16.6 This Terms of Use Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim. In addition you may have the legal right to bring proceedings in your local jurisdiction and, if this is the case, then you may bring proceedings there. For instance if you live in Scotland you can bring legal proceedings in respect of the Website in either the Scottish or the English courts.
