I. Definitions:
This App, GPGuide (the “App”) is an interactive mobile application operated by RKadia Partners Limited (“RKADIA”), consisting of information services and content provided about the Formula 1 World Championships, covering its entire history (since 1950), regardless of the names under which the Championship series may have operated.
II. Conditions of Use:
1. Use of the Services and App
The App and the goods and services on it are offered to you (“Users”) for your personal and non-commercial use only. Commercial use of this App is strictly prohibited.
Users agree to comply with all applicable laws, statutes and regulations in connection with the use of the App and goods (the “Goods”) or services (the “Services”) obtained via the App. The Goods and Services will be referred to as the “Products”.
By using the App, Users unconditionally agree to be bound by these Terms and Conditions. If the User cannot or does not wish to abide by these Terms and Conditions, they should not use this App.
2. Restrictions on Use
As a condition of Users’s use of this App and the Services, Users agree that they will not:
- Reverse engineer or decompile (whether in whole or in part) any software or data available through the App (except to the extent expressly permitted by applicable law);
- Remove, change or obscure any product identification or notices of proprietary rights or any restriction on or in the Products and/or the App;
- Remove any Copyright, Trademark or other intellectual property right notices contained in material on the App or Products;
- Make copies, modify, reproduce, republish, post, transmit, distribute or alter all or any part of the App or any materials contained on it.
3. Unlawful or Improper Use
Users shall not post or transmit through the App any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. Any conduct by a User that in RKADIA’s discretion restricts or inhibits any other User from using or enjoying the App will not be permitted.
Users shall not use the App to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of Users to become Users of other on-line data services competitive with the App.
Users shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the App, Users automatically grant, or warrant that the owner of such material has expressly granted RKADIA the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material.
Users shall not hack into the App, deliver viruses or forward chain letters, surveys, contests, pyramid schemes or engage in any other behavior likely to inhibit any other User from using and enjoying the App or that is otherwise likely to damage or destroy the reputation of the App.
The foregoing provisions are for the benefit of the App, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
III. Monitoring & Disclosure:
RKADIA accepts no obligation to (but may in its discretion) monitor the use of the App and/or the Services by Users. RKADIA reserves the right to disclose any information or material which may be provided by Users if required by law or regulations and to remove, refuse to post or to edit any such information or material and to take such other action as may be reasonably necessary to prevent any breach of these terms and conditions.
IV. Usernames & Passwords:
Following any User registration (if needed), RKADIA will deliver a user name and password to the User. Delivery may be by any reasonable means (including electronic or postal delivery).
Users must keep their user name and password confidential at all times. Any breach of these terms and conditions by anyone to whom the User discloses their password will be treated as if the breach had been committed by the User, and will not relieve them of their obligations under these terms and conditions.
Users must take appropriate security measures to prevent unauthorized disclosure of their user name and password and they must notify RKADIA immediately if any unauthorized user knows their password.
Users must also notify RKADIA of any changes to their registration details.
V. Operation & Changing of Services:
RKADIA may at its sole discretion, from time to time, change or modify the terms and conditions applicable to User’s use of the App, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the App, or by electronic or conventional mail, or by any other means by which Users obtain notice thereof. Any use of the App by Users after such notice shall be deemed to constitute acceptance by Users of such changes, modifications or additions.
RKADIA may at its sole discretion, from time to time, without notice, suspend the operation of the App and/or the Services for repair or maintenance work, or in order to update or upgrade the contents or functionality of the App.
VI. Equipment:
Users shall be responsible for obtaining and maintaining all communications channels and hardware needed for access to and use of the App and all charges related thereto. Users will comply with all directions and instructions given by RKADIA in relation to the use of and access to the App and the Services.
VII. Disclaimer & Limitations of Liability:
Users agree to defend, indemnify and hold harmless RKADIA, its directors, officers, employees and agents from and against ALL claims and expenses, including attorneys’ fees, arising out of the use of the App.
Users expressly agree that the use of the App is at User’s sole risk. Neither RKADIA, it’s affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that the App will be uninterrupted or error free; not do they make any warranty as to the results that may be obtained from the use of the App, or as to the accuracy the App.
The App is provided on an “as is” basis without warranty of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, negligence, or under any other cause of action. Users specifically acknowledge that RKADIA is not liable for the defamatory, offensive or illegal conduct of other Users or third parties and that the risk of injury from the foregoing rests entirely with the Users.
In no event will RKADIA, or any person or entity involved in creating, producing or distributing the App content or related software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the App. Users hereby acknowledge that the provisions of this section shall apply to all content on the App.
In addition to the terms set forth above, neither RKADIA, nor its affiliates, information partners or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or un-timeliness or authenticity of, the information contained within the App, or for any delay or interruption in the transmission thereof to the Users, or for any claims or losses arising there from or occasioned thereby. None of the foregoing parties shall be liable for any third party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. Neither RKADIA, nor its affiliates, information providers or content partners warrant or guarantee the timeliness, sequence, accuracy or completeness of this information. Additionally, there are no warrants as to the results obtained from the use of the information and data contained on the App.
Any links from this App to third party web sites do not constitute an endorsement by RKADIA of any products or services available on such web sites and RKADIA does not necessarily support or approve of them. Users use such links entirely at their own risk and RKADIA accepts no responsibility for the content or use of such web sites or information contained in them.
VIII. Intellectual Property Rights:
This App (including the software used to operate it), the trademarks, any information or material used in connection with the App and the Products are owned by RKADIA and/or its licensors. You are not granted any right or interest in these except as stated in these terms and conditions.
IX. Trademarks:
The F1 logo, F1 FORMULA 1 logo, FORMULA 1, F1, FIA FORMULA ONE WORLD CHAMPIONSHIP, GRAND PRIX, PADDOCK CLUB and related marks are trade marks of Formula One Licensing BV, a Formula 1 company. All rights reserved.
All names and logos used and/or created by or on behalf of FIA including without limitation the FIA logo, logos of FIA campaigns, and all names and logos of FIA championships (together the “FIA Logos”) are the exclusive property of the FIA.
X. Copyrights:
RKADIA respects the rights of all copyright holders and in this regard, RKADIA has adopted and implemented a policy that provides for the termination in appropriate circumstances of Users and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide RKADIA with the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
XI. General:
These Terms and Conditions and any operating rules for the App established by RKADIA constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the United States and you consent to the exclusive jurisdiction of the United States Courts in all disputes arising out of or relating to the use of this App or the provision of Products by RKADIA. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
RKADIA makes no representation that information or material contained on its App is appropriate for use in other jurisdictions. Users who access the App from other jurisdictions do so at their own initiative and are responsible for compliance with any local laws.
Users agree that RKADIA may sub-contract the performance of any of its obligations or may assign these terms and conditions or any of its rights or obligations under them without notice. RKADIA may delay enforcing its rights under these terms and conditions without losing them. If any provision of these terms and conditions is found to be unenforceable this shall not affect the validity of any other provision. RKADIA may amend, vary or supplement these terms and conditions at any time. RKADIA will post a notice of any such amendments on this App and such amended terms and conditions will automatically be effective. These terms and conditions (as varied from time to time) form the entire agreement of the parties and supersede all previous agreements, understandings and representations relating to their subject matter.
XII. Terms & Conditions Support:
If you have any enquiry or concern about our Terms & Conditions, please email us at admin@gpguide.com.