EXTREME E Terms of Use
1. INTRODUCTION
1.1 These are the terms and conditions (the “Terms of Use”) Extreme E Limited (T/A Extreme E) (“we”, “us”, “our”, “Extreme E”) uses to govern websites where we make these Terms of Use available (including without limitation the forums and communities we make available on those websites, if applicable) (each a “Website"). We’ve tried to keep these Terms of Use as short as possible to help you to understand how you can use the Website. If you do not want to or cannot agree to these Terms of Use, you must not use or access the Website. By accessing or using the Website you are agreeing to these Terms of Use (being the latest version of the Terms of Use).
1.2 You must be at least 13 years old to access or use the Website. If you are 13 or over and of or over the age of majority in your jurisdiction, you agree to and accept these Terms of Use. If you are 13 or over but beneath the age of majority in your jurisdiction, you must obtain the agreement and acceptance of a person with parental authority for you and that person agrees to and accepts these Terms of Use.
1.3 These Terms of Use should be read in conjunction with our terms of sale, where those are applicable and made available to you. To the extent of any conflict or ambiguity, our terms of sale prevail over these Terms of Use.
2. SUMMARY
2.1 These Terms of Use are a legal agreement between you and us, so please read them carefully.
2.2 If you breach the Terms of Use, we may stop you from using the Website, contact you regarding your use of the Website or otherwise exercise our rights and remedies.
2.3 To the fullest extent permitted by applicable law, the Website is provided ‘as is’ and we make no representations or warranties about its quality or functionality.
2.4 These Terms of Use may change from time to time. Please check back here periodically to make sure that you are aware of the latest version.
3. WHAT YOU CAN DO WITH THE WEBSITE
Provided that you comply with these Terms of Use, you can:
3.1 use the Website for your personal, non-commercial use;
3.2 take and share non-commercial screenshots and videos of your Website usage on your personal social media; and
3.3 use the Website to access and use (for your personal non-commercial use only) media content that we may make available from time to time through the Website such as trailers, videos and other media (although we are not obliged to provide such content).
4. WHAT YOU CANNOT DO
4.1 We use our commercially reasonable endeavours to protect the Website and our users, and it is important that the Website is not used in a way which is unfair or which might harm our rights or the rights of others. We reserve the right to take any and all action available to us with respect to any conduct by an individual that violates the terms or the spirit of these Terms of Use.
4.2 You cannot, except where it may otherwise be expressly permitted in these Terms of Use:
4.2.1 sell, distribute or transfer copies or reproductions of the Website or any content made available by the Website to any third party in any way;
4.2.2 reproduce, translate, reverse engineer, derive source code from, modify, adapt, merge, translate, disassemble, decompile, or create derivative works based on or of the Website;
4.2.3 remove, disable or circumvent any proprietary notices, labels or copy protection software contained on or within the Website;
4.2.4 use the Website for any illegal or immoral purposes;
4.2.5 use the Website in violation of any applicable laws or regulations; or
4.2.6 otherwise use, copy, transfer, distribute, rent, lease, loan, sub-license or deal with the Website or any part or interest in it or in any manner which is inconsistent with these Terms of Use.
4.3 If we are threatened with or face legal action because you breach these Terms of Use, we have the right to hold you responsible. That could mean you may need to compensate us and pay us back for any damage we suffer as a result, such as for our legal and other expenses.
5. OUR INTELLECTUAL PROPERTY & YOUR LIMITED USE LICENCE
5.1 The Website is made up of the intellectual property (including, without limitation, copyright works) of Extreme E and of the licensors of Extreme E. All use of the Website is governed by these Terms of Use. Any use, reproduction or redistribution of the Website not in accordance with these Terms of Use is expressly prohibited.
5.2 Extreme E grants you a limited, revocable, non-exclusive right and licence to access and use the Website for your personal, non-commercial purposes subject to these Terms of Use. We do not grant you ownership of the Website itself or any materials therein.
5.3 All right, title, interest and ownership rights in the Website and any copyright, design right, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications therefor and other intellectual property rights, in or connected with the Website and each part thereof are owned by, belong to and vest in Extreme E and our licensors. All rights are asserted and reserved. The Website and the materials made available on and through the Website are protected by copyright law, international copyright treaties and conventions and other laws. The Website contains certain licensed materials from licensors of Extreme E and Extreme E’s licensors may act to protect their rights in the event of any breach of these Terms of Use. All trademarks are the property of their respective owners.
6. COMMUNITY CODE OF CONDUCT
6.1 Extreme E supports a friendly, respectful community for the Website and the forums/community functionality provided through the Website where that may be made available. All users must act reasonably and fairly when interacting with other Website users. All hacking, cheating, bug exploitation, misuse of the Website, trolling, deceptive or abusive conduct is prohibited.
6.2 Please act responsibly and in a way which respects the rights of other users. You must not abuse other users, harass them or engage in trolling or stalking behaviour. You must not take any action, upload or share any content, or otherwise use the Website in any way which is in any way immoral, unethical, hateful, offensive, a breach of privacy, illegal, racist, vulgar, pornographic, sexually offensive, libellous, defamatory, threatening and/or bullying. You must not cause disruption to the Website or in any way interfere with the proper operation of the Website. You must not upload spam, commercial materials, marketing, advertisements or solicitation content or promotional content or any third party links. You must not impersonate any person, including without limitation Extreme E staff.
6.3 Please respect the intellectual property rights of third parties. You must not post, upload, release, distribute or in any other way make available on or through the Website any content or materials which include, use or contain (in whole or in part) any intellectual property rights of any third party (including without limitation copyright, trademarks and any other intellectual property).
6.4 We are not responsible for moderating, monitoring or recording any activity in the Website or in connection with the Website (including without limitation messages, posts, written chat), although we reserve the right to do so. We may (but we are not obliged to) moderate such content and activities to ensure they are in compliance with these Terms of Use. We reserve the right to delete, without notice, any content, materials and/or communications which are in breach of these Terms of Use. In serious cases, we may take steps to address illegal activity by you on the Website (such as your posting of illegal materials) together with law enforcement authorities and this may involve us disclosing information (such as your posts on the Website) to those third parties and authorities, to the extent permitted by applicable law.
7. PRIVACY
Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes. We are also required to provide you with information about your rights in relation to your personal data and how to exercise them. This information is provided within our Privacy Notice for this Website. Please read that policy and familiarise yourself with it.
8. OPERATING SYSTEM REQUIREMENTS
An internet connection and a compatible device and operating system are required for your use of the Website.
9. LIABILITY
9.1 Nothing in these Terms of Use will limit any of your rights which may not be excluded under law. This means that notwithstanding any other terms in these Terms of Use:
9.1.1 our liability to you for personal injury or death caused by our negligence is not excluded or limited, nor is our liability to you for any fraudulent representation we make;
9.1.2 if paid-for content is faulty when we deliver it to you, we will try to repair or replace it to the extent reasonably possible;
9.1.3 if we cannot fix that fault within a reasonable time, or without significant inconvenience, you’re entitled to all or some of your money back that you paid to use the faulty content (where applicable); and
9.1.4 if, as a result of the content fault, damage occurs to your device and we haven't used reasonable care and skill, you may then be entitled to a repair or compensation.
9.2 Other than as mentioned above in this clause 9, our overall liability to you is limited to the price you paid to use the relevant content or service, or, where no price was paid, £10.
9.3 The Website and its content, along with any updates, upgrades and any additional content, are provided “as is”. That means we don’t make any promises to you about them other than that they will be of satisfactory quality, as described, and fit for purpose. We don’t make any other promises about them.
9.4 We will use reasonable skill and care to provide the Website and its content, but we can’t guarantee there will not be any errors, bugs or interruptions, or that they will not cause any problems with your device.
9.5 If we release a version of the Website and/or its content which is not yet complete, because we want to give you early access, then you will need to bear in mind that it may have some errors, bugs or interruptions.
9.6 Please do let us know straight away if you discover any problems with the Website and its content so we are aware and can decide whether it is something we need to address in a future update.
9.7 Any views expressed in the Website’s content are the views of the authors and not of us, unless we expressly specify otherwise.
10. TERMINATION
10.1 We have the right to terminate these Terms of Use, at any time, and your licence to use the Website and any related content, in the event that you breach the terms and conditions of these Terms of Use. In that event, you must immediately cease using the Website and all related media we made available to you in connection with the Website.
10.2 We have the right to end the availability of the Website, and/or any or all content thereon, at any time in our discretion. In such an event, these Terms of Use shall also be terminated.
10.3 You can terminate these Terms of Use with us at any time by deleting your Website forum user account with us (if applicable) and no longer using the Website.
11. SEVERABILITY
In the event that any provision of these Terms of Use shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of these Terms of Use shall remain in full force and effect.
12. APPLICABLE LAW & JURISDICTION
12.1 To the maximum extent permitted by the local law applicable in the country in which you access the Website, these Terms of Use are subject to the laws of England and Wales.
12.2 To the maximum extent permitted by applicable law, the English courts shall have exclusive jurisdiction to hear any claims, disputes or proceedings about or in connection with these Terms of Use or the Website. 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.
13. GENERAL
13.1 These Terms of Use do not affect any legal rights you may have under the law that cannot be excluded or limited.c
13.2 We may change or update these Terms of Use from time to time. Changes to the Terms of Use will affect you to the extent that they can apply under applicable law. If you access or use the Website (including without limitation the community forums), the latest version of the Terms of Use will apply at the time you take such action. Please check back here periodically for the latest version.
13.3 We may sublicense, assign or transfer (in whole or in part) our rights and obligations under these Terms of Use to another organisation (such as, without limitation, in the event of a company restructure, assignment or a sale or all or part of our assets). We will let you know if this happens and we will ensure that your rights under these Terms of Use are unaffected. You are not permitted to sub-license, transfer or assign your rights or obligations under these Terms of Use by any means.
13.4 Except where otherwise expressly stated to the contrary in these Terms of Use, these Terms of Use do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce these Terms of Use.
13.5 In the event we delay in enforcing these Terms of Use or our rights, we can still enforce the same at any later period. Not taking immediate action or not taking immediate steps shall in no event be construed as a waiver of our rights and we shall not be prevented from taking enforcement steps against you at a later date.
13.6 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 want to consider an alternative dispute resolution provider. The European Commission provides a platform for online dispute resolution which can be found at: http://ec.europa.eu/consumers/odr/. For the purposes of Regulation (EU) 524/2013, we are not required to use and we do not use an alternative dispute Resolution service.
14. COMPANY & CONTACT INFORMATION
Extreme E Limited (T/A Extreme E)
Registered Office: 9th Floor, 3 Shortlands, Hammersmith, London, W6 8DA, UK
Registered in England and Wales with company number: 11327724
Website: www.extreme-e.com
Contact Us: enquiries@extreme-e.com
Last updated: July 2020