Terms & Conditions
GENERAL CONDITIONS OF USE OF www.airwaves-ducati.co.uk
Access to and use of www.airwaves-ducati.co.uk ("the Website") is subject to the following terms and conditions ("Terms and Conditions") and all applicable laws, which, by accessing and browsing the Website, the user ("the User") accepts, without limitation or qualification. The Website Privacy Policy is incorporated into the Terms and Conditions.
GSE Racing Ltd ("GSE") is the proprietor of all logos and trademarks associated with GSE, save for any sponsor or other logos or trademarks which appear on the Website from time to time for which GSE has been granted a license to use such trademarks and logos for such purpose.
1. The Terms and Conditions set out below, as well as any other law or regulation that applies to the Website, the Internet or the World-wide Web, apply to all Website Users.
2. GSE maintains this Website for information, education, communication and personal entertainment purposes only. Users may download material displayed on the Website for non-commercial, personal use only provided they also retain all copyright and other proprietary notices contained on the materials. Users may not, however, distribute, modify, transmit, reuse, repost, or use the content of the Website for public or commercial purposes, including the text, images, audio, and video without GSE's written permission.
3. By accessing and browsing the Website, the User accepts, without limitation or qualification, the Terms and Conditions and acknowledges that any other agreements between the User and GSE are superseded with respect to the subject matter hereof. In addition, additional terms and conditions may apply to certain Users of the Website where stated, if, for example, a User enters into any Competition.
4. Users should assume that everything seen or read on the Website is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Website without the written permission of GSE. GSE neither warrants nor represents that use of materials displayed on the Website will not infringe rights of third parties not owned by or affiliated with GSE.
5. The information contained in the Website and the views and opinions expressed therein are not necessarily those of GSE.
6. While GSE uses reasonable efforts to include accurate and up to date information in the Website, GSE makes no warranties or representations as to its accuracy. GSE assumes no liability or responsibility for any errors or omissions in the content of the Website, nor for the cancellation of any event advertised.
7. Use of and browsing in the Website are at the User's own risk. Neither GSE, any of its agencies, nor any other party involved in creating, producing, or delivering the Website is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of the Users access to, or use of, the Website, save in the case of fraud, gross negligence, personal injury or death.
8. Without limiting the foregoing, everything on the Website is provided without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for particular purpose, or non-infringement. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to all Users. GSE also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, the User's computer equipment or other property on account of the User's access to, use of, or browsing in the Website or the User's downloading of any materials, data, text, images, video, or audio from the Website .
9. Any personal data (e.g. Users name, address, telephone number or e-mail address) transmitted to the Website by electronic mail or otherwise, will be used by GSE in accordance with the privacy policy of the Website (see below). Any other communication or material transmitted to the Website, such as questions, comments, suggestions or the like, will be treated as non-confidential and non-proprietary.
10. Images of people or places displayed on the Website are either the property of, or used with permission by, GSE. The use of these images by the User, or any other third parties authorised by the former, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Website. Any unauthorised use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
11. The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Website are registered and unregistered Trademarks of GSE, sponsors and others. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of GSE or such third party that may own the Trademarks displayed on the Website. Use of the Trademarks displayed on the Website, or any other content on the Website, except as provided in these Terms and Conditions, is strictly prohibited. GSE will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
12. Certain hypertext links in this Website may lead to Websites that are not under the control of GSE. GSE has not reviewed any or all of the Websites linked to the Website and is not responsible for the nature or the content or the privacy policies of any off-Website pages or any other Websites linked to the Website. GSE accepts no responsibility or liability for the contents of any Website to which a hypertext link exists and gives no representation or warranty (express or implied) as to the information on such Websites. Linking to the Website, off-Website pages or other Websites and in particular downloading computer programs from certain Websites, may risk infringing copyright, introduce computer viruses into the User's own system and is at the User's own risk and without the permission of GSE.
13. Although GSE may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Website, GSE is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Website. The User is prohibited from posting or transmitting any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law. GSE will fully cooperate with any law enforcement authorities or court order requesting or directing GSE to disclose the identity of anyone posting any such information or materials.
14. GSE may at any time revise these Terms and Conditions by updating this posting. Users are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which they are bound. The terms and conditions are governed by the laws of
15. These Terms and Conditions shall be governed by and construed in all respects in accordance with English law.
Copyright © 2007 GSE Racing Ltd. All rights reserved.
WEBSITE PRIVACY POLICY
1. General
GSE respects the privacy of every individual who visits this Website. This Privacy Policy outlines the information GSE may collect and how it may use that information. This privacy policy applies to all personal information we hold about individuals. It does not apply to information we hold about companies and other organisations.
GSE will only use your personal information in accordance with the current data protection law in the
2. Personal Data
GSE will not collect any personally identifiable information about the User (e.g., name, address, telephone number or email address ("Personal User Data")) through this Website unless the User has provided it voluntarily. If Users do not want their personal data collected, they are asked not to submit it. Users are advised that should they choose to provide information, the security of information transmitted over the Internet cannot be assured. Any Personal User Data may be used by GSE, subsidiaries and affiliates for the purposes of (including but not limited to) sending to you by post, email or by any other means, product information, special offers or upcoming events and similar information and may also be used in accordance with any Competition Terms & Conditions.
Any communication or material (not including Personal User Data) transmitted to the Website by electronic mail or otherwise, including any data, questions, comments, suggestions or similar type of information is, and will be treated, as non-confidential and non-proprietary. Anything transmitted or posted may be used by GSE, subsidiaries and affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication (including on the Website), broadcast, posting, mailing of product information or special offers.
3. Children
In submitting Personal User Data, the User warrants that he or she is not less than eighteen years of age. GSE does not intend to collect any personal data from individuals under eighteen years of age, unless the child is at least thirteen and obtains the consent of their parent / guardian beforehand. Where applicable, GSE will take reasonable steps to ensure parental consent to such submission.
Parents should be aware that GSE's Privacy Policy will govern its use of personal data, but that information which is voluntarily given by children -- or others -- in chat sessions, email exchanges, bulletin boards or the like may be used by other parties to generate unsolicited mail. GSE encourages all parents to instruct their children in the safe and responsible use of their personal data while using the Internet.
4. Additional Information Collected Automatically
In some cases, GSE may automatically (i.e., not via registration) collect technical information when a User connects to the Website that is not personally identifiable. Examples of this type of information include the type of Internet Browser used, the type of computer operating system used and the domain name of the Website from which the link to this Website is activated.
5. Information Placed automatically on the Computer -- 'Cookies'
When viewing this Website, some information may be stored on the Users computer. This information may be in the form of a "Cookie" or similar file and can help GSE in many ways for instance to improve the content of a Website to better match Users interests and preferences. With most Internet Browsers, Cookies can be erased from the computer's hard drive, block all Cookies or receive a warning before a Cookie is stored. Users are advised to refer to their Browser instructions or help screen to learn more about these functions.
6. Limitation
By submitting messages and/or materials to the Website, each User agrees to indemnify, defend and hold harmless GSE, its subsidiaries and affiliates, directors, officers and employees from all damages, costs and expenses, including reasonable attorney's fees and court costs arising out of all claims, challenges or actions related to the User's submission, including without limitation, claims for infringement of intellectual property rights, libel and defamation.
Copyright © 2007 GSE Racing Ltd. All rights reserved.
COMPETITION TERMS AND CONDITIONS
1. These terms and conditions are the Competition Rules ("Rules") and apply to all competitions referred to or included on the www.airwaves-ducati.co.uk website ("Competition"), unless otherwise expressly stated or varied/superseded by rules and/or notices specific to a particular competition (“Competition Notice”) as displayed on www.airwaves-ducati.co.uk (“Website”). By entering a Competition, entrants agree to be bound by these Rules.
2. The Competition is organised by GSE Racing in association with XPD (“Organiser”). Any queries and comments should be directed to press@gseracing.com or by writing to GSE Racing, Generate,
3. The Organiser reserves the right to cancel or amend the Competition, the Competition Notice or these Rules at any time without prior notice. Any changes will be posted either within the Competition Notice or these Rules.
4. In the event of any dispute regarding the Rules, Competition Notice, conduct, results and all other matters relating to a Competition, the decision of the Organiser shall be final and no correspondence or discussion shall be entered into.
Qualifying Entrants
5. To qualify to enter the Competition you must be resident in the
6. Employees of the Organiser or any company involved in the Competition are not eligible to enter the Competition. The Organiser reserves the right to verify the eligibility of all entrants.
7. Additional eligibility requirements may apply to a specific Competition, e.g. a valid passport, visas and/or driver"s licence will be required if the Competition prize includes travel outside the
8. By entering the Competition, you hereby warrant that all information submitted by you is true, current and complete.
9. The Organiser assumes and you warrant that by using its site and entering the Competition either you have legal capacity to enter the Competition and agree to the Rules (i.e. that you are of sufficient age and mental capacity and are entitled to be legally bound in contract) or your parents have consented to your entry of the Competition and use of these Rules. Furthermore, if the Competition involves using telephones or mobile phones, the Organiser assumes and you warrant that you have permission to use such devices.
10. The Organiser reserves the right to disqualify any entrant if it has reasonable grounds to believe the entrant has breached any of these terms and conditions.
11. In the event that any entrant is disqualified from the Competition, the Website in its sole discretion may decide whether a replacement contestant should be selected. In this event, any further entrant will be selected on the same criteria as the original entrant and will be subject to these Rules.
Competition Entries
12. Only one entry per person per Competition is allowed unless otherwise specified.
13. Competition entries must be made in the manner and by the closing date specified on the Competition Notice. Failure to do so will disqualify the entry.
14. There is no purchase requirement to enter a Competition.
15. Where an offer is made for participation in a Competition involving a premium rate telephone call, the Competition Notice will include details of the estimated length of the call and its anticipated cost, and any other guidance to which the Website must adhere in compliance with ICSTIS rules. Where entry to a Competition is by premium rate telephone call, entry may also be made by post by writing naming the Competition to GSE Racing, Generate,
16. Proof of posting cannot be accepted as proof of delivery. The Organiser cannot accept responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, alteration of, or unauthorised access to entries, or entries lost or delayed whether or not arising during operation or transmission as a result of server functions, virus, bugs or other causes outside its control.
17. Entrants should note that unless stated otherwise, the Organiser does not accept responsibility for the return of any Competition entries, including those consisting of artistic or other material.
Prizes
18. Prize winners will be chosen at random unless specified otherwise in the Competition Notice. Tie-breakers will be judged by the Website and, if required by law, by an independent adjudicator. In all matters, the decision of the judge(s) and the Organiser shall be final and no correspondence or discussion shall be entered into.
19. Prize winners will be chosen and notified in the manner and within the time specified on the Competition Notice. Return of any prize notification as undeliverable or failure to reply as specified in the notification within the time stated therein may result in disqualification and selection of an alternate winner. Competition winner(s)’ names and town/city or residence may be published on the Website.
20. Claims for prizes must be made in the manner and within the time specified on the Competition Notice. Failure to claim a prize within this time or in the manner specified may result in disqualification and selection of an alternate winner.
21. Prizes are non-transferable and there is no cash alternative. The Organiser reserves the right to substitute prizes of equal or greater value at any time.
22. Prizes are awarded at the Organiser’s discretion and no prizes will be awarded as a result of improper actions by or on behalf of any entrant.
23. Where a prize may not be appropriate for a younger contestant, the minimum age for entry will be stated in the Competition Notice and must be observed. The Organiser reserves the right to request written proof of age of any winner. Unless set out in such Competition Notice, the minimum age for entry will be 18 years of age.
24. All taxes, insurances, transfers, travel, spending money and other expenses (including meals or personal expenses upgrades etc.) as the case may be, unless specifically stated, are the sole responsibility of the prize winner.
Intellectual Property Rights
25. In consideration of the Organiser agreeing to consider entrants to the Competition, each entrant hereby assigns to the Organiser the complete copyright and all other rights in any entry, which shall be for the full period of copyright. The Organiser shall be free to assign such rights to third parties.
26. Furthermore, any information submitted by you must be personal to and relate specifically to you. You hereby warrant that the information which you submit and/or distribute will not infringe the intellectual property, privacy or any other rights of any third party, and will not contain anything which is libellous, defamatory, obscene, indecent, harassing or threatening. If relevant, The Organiser reserves the right, but not the obligation, to screen, filter and/or monitor information provided by you and to edit, refuse to distribute or remove the same.
Liability
27. The Organiser and Website cannot accept any responsibility for any damage, loss, injury or disappointment suffered by any entrant entering the competition or as a result of accepting any prize. The Website is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any web site, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer or mobile telephone related to or resulting from participation or downloading any materials in the Competition. Nothing shall exclude The Organiser’s liability for death or personal injury as a result of its negligence.
28. The Organiser does not accept any responsibility or liability for accompanying or chaperoning winners of any prizes.
Data Protection and Publicity
29. Winners may be requested to take part in promotional activity and the Organiser reserves the right to use the names and addresses of winners, their photographs and audio and/or visual recordings of them in any publicity including on the Website.
30. Any personal data relating to entrants will be used solely in accordance with current
Jurisdiction
31. The Competition and the terms and conditions of this agreement will be governed by English law.
Copyright © 2007 GSE Racing Ltd. All rights reserved.
