Welcome to Formulr.  For the first time in over 120 years there is now one place to connect with the world of motorsports. Championships, teams, drivers, riders, circuits, manufacturers and fans in one remarkable platform.

These Terms of Use (“Terms”) govern your access to and use of the services, including the Formulr website, the Formulr applications, and any Formulr service (the “Services” or “Formulr”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”).

Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms.  If you do not agree with them, then you should not use these Services. By accessing or using the Services you agree to be bound by these Terms.

Basic Terms
  • Any updates or new features to the current Service shall be subject to the Terms of Use.
  • There may be times when you will be asked to accept terms for supplementary services that we offer. To the extent that those supplementary terms conflict with these Terms, the supplementary terms will apply to those supplementary services.
  • Violation of these Terms of Use may, in Formulr’s sole discretion, result in termination of your Formulr account. You understand and agree that Formulr cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for Formulr, we can stop providing all or part of the Service to you.
  • We reserve the right, in our sole discretion, to change these Terms of Use (“Updated Terms”) from time to time. You agree that we may notify you of the Updated Terms by posting them on the Service or by the email address provided by you, and that your use of the Service after the effective date of the Updated Terms constitutes your agreement to the Updated Terms. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward.
Who Can Use the Services
  • You must be at least 13 years old to use the Service. If you are between 13 and 17, your parent or legal guardian has reviewed and agrees to these Terms.
  • If you are accepting these Terms and using the Services on behalf of an organisation, company, or other legal entity, you represent and warrant that you are authorised to do so.

If you think that someone does not meet these terms, please contact us immediately at [email protected]

Your Account
  • You are responsible for the use of your Account so it is important that you use a strong password
  • You will not share your password.
  • You will provide upon registration and at all other times only true and correct information and you agree to update your information when necessary.
  • You will not create an account for anyone other than yourself with the exception that you are expressly authorised to create accounts on behalf of your employer or client.
  • You will not impersonate someone else, access another users account, or attempt to interfere or restrict another user from using or enjoying the Service.
  • You agree you will not sell, transfer, license or assign your account, followers, username, or any account rights.
  • We reserve the right to remove or force forfeiture of any username or account for any reason, including but not limited to not abiding by these Terms.

If you think that someone has gained access to your account, please contact us immediately at [email protected]

Verified Industry Profiles
  • We may create Industry Profiles including Championships, Teams, Drivers, Riders, Manufacturers and Circuits for editorial purposes. We do not warrant that these Profiles are in any way associated with Formulr or that they have endorsed the Services.
  • You may request to Verify or Manage an Industry Profile only if you are the owner of the Profile or expressly authorised by the owner of the Profile.
  • Verification approval is at the sole discretion of Formulr and we reserve the right to request any documents or information to prove your ownership or authorisation.
  • You may apply to cancel Verification of your Industry Profile. Cancellation will covert your profile to an editorial status and will state that you do not endorse or are associated with Formulr.
  • Formulr reserves the right to cancel Verification for any reason.

If you need assistance with the Verification process, please contact us at [email protected]

Your Usage
  • You are responsible for any activity that occurs through your account.
  • You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service.
  • You may not use the Service for any illegal purpose or one that contravenes these Terms.
  • You will not use any robot, spider, crawler or any other automated means to access or extract information from the Services.
  • You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or Formulr.
  • You must not access Formulr’s private API by means other than those permitted by Formulr.
  • You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Formulr page is rendered or displayed in a user’s browser or device.
  • You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (also known as “spam”) to any Formulr users.
  • You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that Formulr is not responsible or liable for the conduct of any user. Formulr reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.
  • There may be links from the Service, or from communications you receive from the Service, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Service. The Service also includes third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third-party web site or feature. For example, the Service may include a feature that enables you to share Content from the Service or your Content with a third party, which may be publicly posted on that third party’s service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. Formulr does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that Formulr is in no way responsible or liable for any such third-party services or features. Your correspondence and business dealings with third parties found through the service are solely between you and the third party. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an “Application”) and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (I) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Formulr has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the Formulr Parties (defined below) harmless for activity related to the Application.
  • You agree that you are responsible for all data charges you incur through use of the Service.
Your Content
  • You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit, post or display on or via the Service.
  • You may not post violent, nude, discriminatory, unlawful, infringing, hateful, or pornographic photos or other content via the Service.
  • We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms of Use.
  • Formulr does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to Formulr a non-exclusive, fully paid and royalty-free, transferable, sub licensable, worldwide license to use the Content that you post on or through the Service, subject to the Service’s Privacy Policy.
  • You represent and warrant that: (I) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.
  • You agree that Formulr is not responsible for, and does not endorse, Content posted within the Service. Formulr does not have any obligation to pre-screen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content.
  • Except as otherwise described in the Service’s Privacy Policy, as between you and Formulr, any Content will be no confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with Formulr is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place Formulr in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of Formulr, and Formulr will not be liable for any use or disclosure of any Content you provide.
Branded Content
  • You are not permitted to post Content that features third party products, brands or sponsors (referred to as “Branded Content”) including but not limited to:
    1. Ads included with or within posts, videos or images
    2. Banner ads
    3. Graphical overlays and watermarks
    4. Title cards
  • You are prohibited from using third party products, brands or sponsors within profile pictures or cover photos.
  • You are permitted to post Content that features Sponsor’s logos which are displayed by virtue of having been recorded during the filming of or the photography of the subject matter, as long as the logos are not the dominant feature of the Content.
  • You are permitted to use Branded Content for promotional activities of your own brand.
  • We may remove, edit, or block Content that we determine is prohibited and violates these terms.
  • If you repeatedly infringe these terms your account may be disabled.
Privacy

Our Privacy Policy is incorporated in these Terms. By accepting these Terms, you agree to the collection, use and sharing of your information in according with the Privacy Policy

Copyright and Intellectual Property
  • The Service is protected by copyright owned by Formulr. Formulr reserves all rights in relation to this copyright. You may not duplicate, copy, or reuse any portion of the content owned or licensed by Formulr or visual design elements or coding or programming without express permission of Formulr.
  • The name Formulr is protected by Trademarks and you should not duplicate, copy or use any portion of these Trademarks without express permission of Formulr.
  • The Service contains content owned or licensed by Formulr (“Formulr Content”). Formulr Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Formulr, Formulr owns and retains all rights in the Formulr Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Formulr Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Formulr Content.
  • We respect other people’s rights, and expect you to do the same.
  • If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.

If you think that someone has someone has infringed on your or another’s rights, please contact us immediately at [email protected]

Termination
  • We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you.
  • Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.
  • We reserve the right to refuse access to the Service to anyone for any reason at any time.
Rights
  • Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Formulr may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
  • You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
  • Although it is Formulr’s intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, Formulr reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by Formulr, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, Formulr encourages you to maintain your own backup of your Content. In other words, Formulr is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. Formulr will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
  • It is Formulr’s policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Formulr does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that Formulr is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
General Conditions

Disclaimer of Warranties

The service, including, without limitation, Formulr content, is provided on an “as is”, “as available” and “with all faults” basis. To the fullest extent permissible by law, neither Formulr nor its parent company nor any of their employees, managers, officers or agents (collectively, the “Formulr parties”) make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the service; (b) the Formulr content; (c) user content; or (d) security associated with the transmission of information to Formulr or via the service. In addition, the Formulr parties hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.

The Formulr parties do not represent or warrant that the service will be error-free or uninterrupted; that defects will be corrected; or that the service or the server that makes the service available is free from any harmful components, including, without limitation, viruses. The Formulr parties do not make any representations or warranties that the information (including any instructions) on the service is accurate, complete, or useful. You acknowledge that your use of the service is at your sole risk. The Formulr parties do not warrant that your use of the service is lawful in any particular jurisdiction, and the Formulr parties specifically disclaim such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you to the extent such jurisdiction’s law is applicable to you and these terms of use.

By accessing or using the service you represent and warrant that your activities are lawful in every jurisdiction where you access or use the service.

The Formulr parties do not endorse content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any content.

Limitation of Liability; Waiver

Under no circumstances will the Formulr parties be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to: (a) the service; (b) the Formulr content; (c) user content; (d) your use of, inability to use, or the performance of the service; (e) any action taken in connection with an investigation by the Formulr parties or law enforcement authorities regarding your or any other party’s use of the service; (f) any action taken in connection with copyright or other intellectual property owners; (g) any errors or omissions in the service’s operation; or (h) any damage to any user’s computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if the Formulr parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused in whole or in part by negligence, acts of god, telecommunications failure, or theft or destruction of the service). In no event will the Formulr parties be liable to you or anyone else for loss, damage or injury, including, without limitation, death or personal injury. Some jurisdications do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event will the Formulr parties total liability to you for all damages, losses or causes or action exceed one hundred United States Dollars (USD 100.00).

You agree that in the event you incur any damages, losses or injuries that arise out of Formulr’s acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any web site, service, property, product or other content owned or controlled by the Formulr parties, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any web site, property, product, service, or other content owned or controlled by the Formulr parties.

Formulr is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.

Indemnification

You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at Formulr’s request), indemnify and hold the Formulr Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (I) your Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Formulr in the defence of any claim. Formulr reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Formulr.

Arbitration

Except if you opt-out or for disputes relating to: (1) your or Formulr’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents); or (2) violations of provisions of the Terms, you agree that all disputes between you and Formulr (whether or not such dispute involves a third party) with regard to your relationship with Formulr, including without limitation disputes related to these Terms of Use, your use of the Service, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the LCIA Arbitration Rules (2014) for arbitration of consumer-related disputes and you and Formulr hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules. You may bring claims only on your own behalf. Neither you nor Formulr will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Formulr is a party to the proceeding. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.

You may opt out of this agreement to arbitrate. If you do so, neither you nor Formulr can require the other to participate in an arbitration proceeding. To opt out, you must notify Formulr in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:

Formulr, 1 Primrose Street, London EC2A2EX

You must include your name and residence address, the email address you use for your Formulr account, and a clear statement that you want to opt out of this arbitration agreement.


Time Limitation on Claims

You agree that any claim you may have arising out of or related to your relationship with Formulr must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

Governing Law & Venue

These Terms of Use are governed by and construed in accordance with the laws of the United Kingdom, without giving effect to any principles of conflicts of law and will specifically not be governed by the united nations conventions on contracts for the international sale of goods, if otherwise applicable. For any action at law or in equity relating to the arbitration provision of these Terms of Use, the Excluded Disputes or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with Formulr exclusively in a state or federal court located in London, United Kingdom, and to submit to the personal jurisdiction of the courts located in London, United Kingdom for the purpose of litigating all such disputes.

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. Formulr’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. Formulr reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with Formulr.

Entire Agreement

If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and Formulr and governs your use of the Service, superseding any prior agreements between you and Formulr. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Formulr. Any purported assignment or delegation by you without the appropriate prior written consent of Formulr will be null and void. Formulr may assign these Terms of Use or any rights hereunder without your consent. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.

Territorial Restrictions

The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Formulr to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Formulr provides.

Last Updated: July 18th, 2016