OPERATOR OF WEBSITE and DEFINITIONS
This website is operated by SUBZERO MOTOR SPORTS with its registered office at P.O. Box 91001 Dubai, United Arab Emirates.
In these Terms:
Services means any functions, facilities, applications, information or other services available through this website (including, where applicable, ISP (internet service provider and/or internet access) services).
Terms means these terms and conditions.
User or you means any person who accesses or uses this site, with or without Subzero Motor Sports' authorisation and whether or not you are registered to use this or part of this site or a member or registered User of a Service offered through this site.
This website or site means the website (home page and underlying webpages) or other collection of information and/or applications operated by Sony and available for access via physically linked or wireless networks (including the internet and networks accessible using wireless application protocol or similar (wap) technology) through access devices such as PCs, laptop computers, mobile telephones, PDAs, digital cameras, televisions or other network-enabled devices, on which these Terms are posted or which is expressly referred to in connection with User being requested to agree to these Terms. Any reference to this website or site includes a reference to any related wap site. Certain other terms are defined in the text below.
ACCESS AND USE OF THIS SITE
By accessing, browsing or downloading any part of this site or its content, or posting or uploading to this site, or any other use of this site and its content, whether as a registered User or an unregistered visitor, you agree to comply with these Terms, without modification (which form a contract between you and Subzero Motor Sports) and all relevant applicable laws.
If your access to this site, or to any part of it or to any Services is subject to the payment of a subscription fee, Subzero Motor Sports may deny or suspend access in the event of late or non-payment of any fee due. You are responsible for obtaining the relevant hardware and software equipment and paying all telephone (or other network) charges necessary to access and use this site and the Services.
Access to this site or to the Services may be limited to a maximum number of times and/or duration in a given period of time. This site or certain parts of this site may contain adult or mature content. To access and view such content, you must be (and you represent that you are) at least 18 years old. If you permit children to access and view this site, you are responsible for supervising such access and determining which content or Services may be appropriate for children and which may not. Note that through this site or certain parts of the site it may be possible for children to make available publicly personal information relating to themselves.
You agree not to access this site by any means other than through the interface that is provided by Subzero Motor Sports for use in accessing the site.
OTHER TERMS, RULES, ETC.
These Terms are in addition to any terms that may apply to Users under a distribution, licence or sale agreement or terms, or other applicable agreements and terms. Where this site or part of this site contains rules, guidelines, codes of conduct, further terms or other directions to Users, Users undertake that they shall also comply with such rules, guidelines etc. In the event of any conflict or inconsistency, these Terms shall prevail.
If you do not agree to any of these Terms (or any such other rules, guidelines etc.), you may not use this site.
These Terms may contain provisions which contemplate functionalities or Services that are not (and are not intended to be) available through this site. To the extent that any provision of these Terms relates solely to such functionalities or Services, they shall be of no force or effect and shall not affect the validity of the other provisions.
PASSWORDS AND ACCOUNT DETAILS
User is responsible for maintaining the confidentiality of his or her password, account number, ID and other details (if any) and for all activities under User's account. Any unauthorised use of User's account or other breach of security should be reported to Sony immediately. Your registration and/or subscription is personal to you and you may not disclose or make available your account name, ID or password to others. Any disclosure by you of your account name and password may result in termination of your registration and/or subscription and, where you register for fee/subscription-based content/Services, such termination shall be without refund and may be subject to additional charges based on unauthorised use.
REVIEW OF USER CONTENT BY SUBZERO MOTOR SPORTS
Through this site, Subzero Motor Sports merely offers a 'venue' for Users to access certain specified services, Utilities and/or information. Subzero Motor Sports cannot and does not undertake to screen, review, edit, censor or otherwise filter or control User content or the behaviour of Users of User content or Site content.
However, Subzero Motor Sports may, but shall not be obliged to, review, either by manual or automated means, all User content which is or may be uploaded on this site, and monitor or review any areas of this site where Users transmit or post communications or communicate with each other or Subzero Motor Sports (as applicable) including without limitation chat rooms, news groups, bulletin boards, community pages, photograph albums, personal web pages or other use areas and forums (Forums), as applicable. Subzero Motor Sports retains the right (but disclaims any obligation) to reject, not post, not use, remove, amend, deny access to and/or delete any User content, without notification, which it, in its sole discretion, considers to be inappropriate or distasteful or otherwise in breach of these Terms (or their spirit) and without any requirement for any complaint or claim in respect of the relevant User content to be formally commenced or proved. Subzero Motor Sports retains the right (but is under no obligation) to co-operate with any law enforcement authorities or in response to court and other official requests directing that Sony disclose the identity of anyone posting User content.
CHANGES TO SITE AND THESE TERMS
Subzero Motor Sports and/or third party providers may make improvements and/or changes in products, support, Services, Utilities, prices and/or other Site content (including these Terms) at any time with or without notice.
Subzero Motor Sports may provide notice of changes to these Terms (or other Site content) by displaying notices on this site or other communication means. Users who access this site after changes have been posted on the site or otherwise communicated, shall be bound by such changes as soon as such notices or new Terms are posted to the site or otherwise communicated, even if User does not visit the page on which the change or new Terms are displayed. Frequent review of this site and these Terms is therefore recommended.
PERMITTED AND PROHIBITED USE OF THIS SITE
Access to, and use of this site, including viewing, downloading, reproducing, displaying, posting and publishing: - data, graphics, images, photographs, designs, descriptions, information, and text - video, audio, music, and sound compilations - utilities, software (including applets and any software made available to Users in connection with, or to facilitate access to, any subscription or restricted access area or Service associated with this site) and software compilations, drivers and other Utilities (defined below) – the contents of any e-mail newsletter or similar communication sent by or on behalf of Sony in relation to this site and/or User's registration or subscription - and other content on this site which has been originated and provided directly by Subzero Motor Sports, or its product, support and service providers (together, Site content), is prohibited unless specifically permitted in these Terms. This applies to use by any means, including electronic, mechanical, photocopying, recording, creation of derivative works or otherwise.
Subzero Motor Sports gives limited, non-transferable, non-exclusive, revocable permission for User to access and make personal, non-commercial use of this site and Site content as a support and communication resource for purposes specified in this site only. User may electronically copy and print in hard copy Site content for these purposes, provided that all copyright and proprietary notices (where present) are retained on Site content.
Any other use of Site content including reproduction for purposes other than those noted above, modification, distribution, transmission, downloading of Site content (other than page caching), republication or reverse engineering - without the prior written consent of Subzero Motor Sports - is prohibited (except to the extent such prohibition is prohibited by applicable law). Without limitation, permission to use Site content does not include - resale or commercial use or distribution of Site content - collection and use of any product, support or service listings, descriptions, or prices - derivative use of this site or Site content (including framing) - downloading or copying of account information for the benefit of another merchant - any use of data mining, robots, or similar data gathering and extraction tools – any use of Site content on any other website, server or networked computer environment – or any use of Site content which suggests an association with Subzero Motor Sports products, support or services, except as expressly provided by written agreement between relevant parties.
User shall not use this site or the Services in a way that breaches these Terms (or their spirit) or any applicable law or regulations (including those relating to the use of public communications networks) or that causes or is likely to cause any damage, interruption or impairment of this site or the Services. User may not attempt to gain unauthorised access to any part of this site, other User accounts or any computer systems or networks connected to this site, whether through hacking, password mining or any other means. User may not collect or attempt to collect personal information relating to others through this site.
COPYRIGHT - OWNERSHIP OF SITE CONTENT
Subzero Motor Sports does not transfer title to any Site content downloaded or used by User. Site content, including its selection and arrangement, is owned by SONYand/or their content and technology providers and is protected by copyright and other laws. Limited permission to use Site content (for the purposes stated in the preceding section) is specifically conditioned on User's recognition, observance and retention of all copyright, trademark and other proprietary notices in Site content, and all proprietary and other intellectual property rights of Subzero Motor Sports and/or content and technology providers, in Site content. User shall not have any ownership rights in any e-mail address, URL or other personal identifier that may be allocated to, or chosen by, him or her for the purposes of any Services available through this site and User's limited rights to use such identifier/address shall continue only for so long as User's registration/User account remains valid for access to this site or the relevant Service. After termination of such validity by Subzero Motor Sports for any reason, Subzero Motor Sports shall be free to use and/or allocate to other Users any such identifier/address.
Any unauthorised use or copying of Site content, or use of Site content which breaches these Terms (or their spirit) may violate trademark, copyright and other proprietary rights, and civil and criminal statutes. Users shall not use any Site content (or any other content made available through this site) in any manner that infringes any trademark, copyright or other proprietary rights. Subzero Motor Sports reserves all rights with respect to such unauthorised use or breach of these Terms.
Subzero Motor Sports is a registered trademark of Subzero Motor Sports, UAE. All trademarks, logos, website addresses, product or model names or derivations that describe Subzero Motor Sports products, support or services or that contain the word "Subzero Motor Sports" that are included in Site content are trademarks and/or the property of Subzero Motor Sports. Any list of Subzero Motor Sports (or other) trademarks on this site is periodically updated but shall not be taken as an all-inclusive list of Subzero Motor Sports (or other) trademarks.
Any use of Subzero Motor Sports Marks or permutations thereof (except as expressly authorised by Subzero Motor Sports in writing) is strictly prohibited.
Other product and company names mentioned in this site may be the trademarks of their respective owners.
PROHIBITED AND RESTRICTED USER CONTENT
Inappropriate postings or communications
Subzero Motor Sports prohibits the transmission, distribution, dissemination, uploading, posting, submission, sharing and storage on, via or through use of this site (together, uploading) of User content which it considers (in its sole discretion) to be inappropriate or distasteful. Such User content includes (without limitation) communications with - pornographic, profane, sexist, homophobic, defamatory, deceptive, vulgar, obscene or offensive content – ethnic, racist or religious slurs or derogatory epithets – advocation of violence, hate or unlawful activity – depictions of child abuse, child pornography or sexually suggestive poses – advertisements, surveys and contests – price-sensitive information relating to publicly listed securities - and material that could give rise to any civil or criminal liability under any laws.
Subzero Motor Sports prohibits the uploading or use of Site content or transmission of User content with a primary or secondary purpose or effect – to sell, distribute or promote firearms, weapons or controlled substances, make-money-fast schemes, pyramid or chain letters, fraudulent or otherwise criminal offers – to register another email address other than your own – to distort auctions or other markets (including public quoted securities markets) - to threaten or harass others – to disrupt discussions or to create a false identity for the purpose of misleading others – to convey sexual requests from, for or to a minor – to make racial slurs or comments – to impersonate any person or misrepresent your affiliation with any person or entity. User shall not advertise or offer to sell or buy any goods or services for any business purpose, unless the relevant Forum or Service specifically permits this. Subzero Motor Sports reserves the right (but does not accept any obligation) to delete or restrict Users' access to relevant Site content and/or User content and/or to pass relevant User content and/or information relating to User (including personal information) to any appropriate authority where User content is uploaded in breach or suspected breach of any of these Terms (or their spirit or other applicable rules or terms) or any applicable law or regulations, without any requirement for any claim or complaint to be formally commenced or proved.
Except for personal information of a User submitted by that User for registration and/or account opening purposes or (if applicable) personal information relating to other natural persons known to a User for inclusion in that User's online address book, Subzero Motor Sports prohibits the uploading of any User content which discloses personal or private information concerning any individual or entity, including telephone number(s), e-mail or physical addresses, User account numbers, passwords and financial information.
Where personal information relating to, or images of, another natural person are uploaded by a User for inclusion in that User's online address book, photo album (or for any other purpose), the User warrants that such person (the data subject) has given his or her consent to such submission and to the data processing that this involves and any other usage of such User content contemplated by these Terms or on this site.
''Spam' and Upload of destructive materials
All forms of 'spam' or junk e-mail, including uploading or sending multiple unsolicited submissions to different discussion groups, mailing lists, and all activities that facilitate spam, are prohibited on or via this site. Unless Subzero Motor Sports' actual damages (where reasonably calculable) exceed this amount (in which case the actual damages shall be payable by User), by way of liquidated damages, you agree to pay Subzero Motor Sports 5 Euros for each item of 'spam' sent through your User account in breach of these Terms.
Subzero Motor Sports prohibits the uploading of computer programs, files and other materials that contain destructive or disruptive features such as viruses, corrupted files, 'hidden' files (such as image files with audio files embedded), worms, trojan horses, or bots for the use of scrolling, showing multiple screens, and other activities that can be disruptive to website integrity or functioning or online communication generally.
NO LIABILITY – USER CONTENT AND SITE USE
The materials, information and opinions (which may include User content) included and/or expressed in or on Forums (or via any other means of accessing User content) are not necessarily those of (or endorsed by) Subzero Motor Sports or related entities. All User content should be considered expressions of opinion only and not statements of fact.
Any User content and/or Services you obtain or use, or convey through site use, including use of any Forums, will be at your own discretion and risk and are subject to the disclaimers and liability limitations in these Terms. The security of this site and User content cannot be guaranteed.
You understand that whenever you release personal or other information online - for example, via message boards or chat rooms and other Forums - that information can be collected and used by people you do not know. While Subzero Motor Sports makes all reasonable commercial efforts to protect your personal information and privacy, it cannot guarantee the security of any information you disclose online. You make such disclosures at your own risk. Except in relation to personal information submitted by a User for the purposes of registration or opening or updating that User's account (in relation to which Subzero Motor Sports makes all reasonable commercial efforts to protect your privacy), Subzero Motor Sports shall not be liable in respect of (and disclaims all liability in relation to) User content submitted to an area of the site designated as (or expected to be) a private, personal or limited access area of the site which becomes available to persons other than the User who submitted the User content. Similarly, Subzero Motor Sports shall not be liable in respect of (and disclaims all liability in relation to) any non-availability of User content submitted to an area of the site designated as a public area of the site or other Forums where Users other than the User who submitted the User content may gain access to such content.
Subzero Motor Sports is under no obligation to become involved in any dispute that you have with other Users or in any incident that you are party to with other Users, or that are affected by or otherwise related to this site.
Subzero Motor Sports disclaims all liability relating to any User content, including any error, virus, defamation, libel, obscenity or inaccuracy contained in any User content, whether or not arising under the laws of copyright, libel, privacy or otherwise, any prohibited User content and any other User content.
Subzero Motor Sports disclaims all liability for unauthorised use (by other Users) of User content, and disclaims (without limitation) all liability for use of User content which breaches any copyright, trademark rights or other intellectual property rights of any other User or person.
User is solely responsible for any damage (including to Site content) resulting from use (or submission) of any User content or the site (including disputes and incidents described in the preceding sections) and related transactions or occurrences.
Subzero Motor Sports shall have no responsibility for unauthorised access to User's account, or automatic forwarding of messages and/or viruses (caused by viruses or otherwise) to persons whose details have been submitted by a User for inclusion in, any on-line address book available through this site.
The limitations on and exclusions of liability in these Terms apply regardless of whether the liability is based on breach of contract, tort (including negligence or defamation), strict liability, breach of warranties, or any other legal theory.
NO WARRANTIES – SITE SERVICES AND SITE CONTENT
All Site content and Services are provided "as is" and "as available" and Subzero Motor Sports expressly disclaims, to the maximum extent permitted by applicable law, any warranties and representations of any kind (Warranties) with respect to Site content and Services, either expressed or implied, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement of third party intellectual property rights.
Subzero Motor Sports gives no Warranty that Site content is appropriate, available or permitted for use in all locations, that it is virus-free or as to its interoperability with any hardware, software or content or as to User's ability through this site to access or interact with any other service providers, networks, users, or informational or computing resources through the internet. Those who access this site and use Site content and/or Services are responsible for compliance with all applicable law and regulations, including any applicable local laws.
Although Subzero Motor Sports has attempted to verify the accuracy, reliability and currency of all Site content, including (as applicable) product, services, support and other details and descriptions obtained from third parties, Subzero Motor Sports gives no Warranty as to the accuracy of any statements in this site. Any materials, products, support, services or information at or referred to in this site may be out of date. Subzero Motor Sports makes no commitment to update Site content. Subzero Motor Sports disclaims any liability or responsibility for any errors or omissions in Site content (except insofar as such disclaimer would be inconsistent with its warranties and other terms and conditions related to product or service sales, if any, by Subzero Motor Sports). Any decisions based on information contained in Site content (or User content) are User's sole responsibility.
Subzero Motor Sports gives no Warranty that functions or Services available through and other User interactions with the site will be constantly available, uninterrupted, secure or error-free, that defects will be corrected or that this site or the server that makes it available are free from viruses or other harmful components. Subzero Motor Sports assume no responsibility, and are not liable for, any damage to (or loss of data from), or viruses that may infect, your computer equipment or other property on account of your access to, or use of this site including downloading any images, software or other Site content. If use of Site content results in the need for servicing, repair or correction in equipment or data, User assumes all costs in that regard.
Information in Site content (and User content) does not constitute legal, professional, financial or medical advice and should not be relied upon. Site content containing forward-looking statements or statements of intention should not be relied upon. Sony reserves its right not to act in accordance with any such statements.
This site may contain references to specific Subzero Motor Sports products and services that may not be or may not be readily available in a particular country. Any such reference shall not be taken as implying or Warranting that any such products or services shall be available at any time in any particular country.
Where applicable law prohibits or limits Subzero Motor Sports' exclusion of Warranties as set out above, Subzero Motor Sports excludes, disclaims and limits such Warranties only to the maximum extent permitted by applicable law.
NO LIABILITY – SITE CONTENT
Subzero Motor Sports and all other persons involved in creating, producing, hosting or delivering Site content shall not be liable for any direct, indirect, special, incidental, consequential or punitive damages, including in respect of loss of data, loss of profit, business interruption or time incurred or damages of any other nature (including arising out of negligence and other torts) that result from the use of, or the inability to use, Site content, even if Subzero Motor Sports or an authorised representative has been advised of the possibility of such damages.
Applicable law may not permit the liability exclusions in this section in all cases. The liability exclusions in this section apply only to the maximum extent permitted by applicable law.
In no case will Subzero Motor Sports' liability for damage and loss (whether in contract, negligence, tort or otherwise) exceed the amount paid by User for accessing this site (except as otherwise prescribed by mandatory, applicable law).
Nothing in these Terms shall exclude Subzero Motor Sports' liability for death or personal injury arising from Subzero Motor Sports negligence.
User shall indemnify Subzero Motor Sports and their officers, agents, employees and service providers and hold them harmless in respect of all losses, costs, proceedings, damages, expenses (including reasonable legal costs and expenses) or liabilities howsoever incurred by any of them as a result of any claim by a third party resulting from a breach or non-observance by User of any prohibition, or restriction on User's activities in relation to this site contained in these Terms, or of any undertaking, representation or warranty of User contained in these Terms and in relation to any claim by any person in respect of matters, responsibilities or obligations that have been disclaimed by Sony under these Terms.
Without limitation to the generality of the above indemnity, User releases, indemnifies and holds harmless Subzero Motor Sports and their officers, agents, employees and service providers (who disclaim liability) in respect of claims, liabilities, costs (including legal fees), expenses, demands and damages (direct, indirect or consequential) of any nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, howsoever incurred by any of them arising out of or in any way related to:
any prohibited or restricted User content uploaded by User or any use of this site by User (including prohibited or restricted site use by User);
any loss, deletion, removal, corruption or publication of User content uploaded by User; or any unauthorised use of User's account or compromise of User account security through a failure to maintain the secrecy of User account passwords or other security details, and all related occurrences.
HYPERTEXT LINKING TO AND FROM THIS SITE
You must seek and obtain the written consent the operator of this site before creating any link to this site. Deep linking is strictly prohibited. All authorised links to this site must be to the home page of the site, must make it clear that this site and the Site content are distinct from the website containing the link and must make it clear that this site is owned and/or operated by Subzero Motor Sports.
Subzero Motor Sports may provide, or third parties (with consent as above) may provide, hypertext links to and/or from other internet websites or resources. The inclusion of such links in this website is for convenience only and does not imply endorsement by Subzero Motor Sports of the other website or any association with the operators of that site. Subzero Motor Sports encourages discretion when browsing its or external websites and resources. Some websites may contain or link Users to websites containing information that may be considered inappropriate or offensive. External websites may send their own cookies to Users, collect data and/or solicit personal information.
User's visiting of any external websites via links from this site is entirely at User's own risk.
Subzero Motor Sports has not confirmed the accuracy or reliability of any information in external websites or resources linked or accessed via this site, or which link to Sony's site(s). Sony shall not be responsible or liable for any content, advertising, products, support, services or other materials on or available from such external websites or resources. Sony shall not be responsible for the accuracy, copyright compliance, legality or decency of material contained in external websites or resources. Subzero Motor Sports shall not be responsible for, and disclaims all warranties, express and implied, as to, the accuracy, validity, legality, copyright compliance, decency or otherwise of any materials or information contained in external websites or resources. Subzero Motor Sports shall not be liable, directly or indirectly, for any damage or loss caused or allegedly caused by the use of or reliance on any content, products, support or services available on or through any external websites or resources.
Without limiting the above, Subzero Motor Sports does not make any representations or warranties as to the security of any information (including credit card and other personal information) a User might be requested to give any third party through linked websites and User waives any claim against Subzero Motor Sports with respect to such matters.
These Terms and the contents of this site are subject to copyright.
© 2010 Subzero Motor Sports. All Rights Reserved.