Terms and Conditions
ATTENTION: This legal notice applies to the entire contents of the Websites under the domain names www.logansargeant2.com (“Website(s)”) and to any correspondence by e-mail between us and you. Please read these terms carefully before using the Websites. Using the Websites indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use the Websites. This notice is issued by Apex Racing GmbH, a company organized in Switzerland with its registered office at Seestrasse 112, 8806 Bäch, Switzerland (“Company” / “we” / “our” / “us”).
1. INTRODUCTION
1.1 You may access most areas of the Websites without registering your details with us, but certain areas of the Websites are only open to you if you register. 1.2 By accessing any part of the Websites, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave all Websites immediately.
1.3 The Company may revise this legal notice at any time by updating this posting. You should check the Websites from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages on the Websites.
2.1 You are permitted to print and download extracts from the Websites for your own personal and non-commercial use on the following basis:
(a) no documents or related graphics on the Websites are modified in any way;
(b) no graphics on the Websites are used separately from the corresponding text; and
(c) the Company's copyright and trademark notices and this permission notice appear in all copies. 2.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Websites (including without limitation photographs and graphical images, but excluding the Visitor Material), are owned by the Company or its licensors. The images, logos, names and trademarks used to identify the Company or Logan Sargeant’s brand, whether registered or not, are proprietary marks of the Company, which may not be used without the Company’s permission, save as provided in clause 2.1.
2.3 The images, logos, names and trademarks on the Websites which identify the partners, licensees, suppliers and sponsors of the Company, or their products or services, belong to them and are used with their permission. You may not copy or use them for any purpose, save as provided in clause 2.1.
2.4 For the purposes of this legal notice, any use of extracts from the Websites other than in accordance with clause 2.1 for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use the Websites automatically terminates and you must immediately destroy any downloaded or printed extracts from the Websites.
2.5 Subject to clause 2.1, no part of the Websites may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company's prior written permission.
2.6 Any rights not expressly granted in these terms are reserved.
3. VISITOR MATERIAL AND CONDUCT
3.1 Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to the Websites, including usernames, (“Visitor Material”) shall be considered non-confidential and non-proprietary. The Company shall have no obligations with respect to the Visitor Material. The Company and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use the Visitor Material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. 3.2 You are prohibited from posting or transmitting to or from the Websites any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
(b) for which you have not obtained all necessary licenses and/or approvals; or
(c) that infringes other people’s intellectual property rights; or
(d) that contains other people’s private and confidential information without their express authorization and permission; or
(e) that impersonates others in a manner that does or is intended to mislead, confuse or deceive others; or
(f) that promotes any service (including non-commercial) or includes advertisements, spam, chain letters, pyramid schemes or solicitations whether by means of a link or contacting other visitors to the Websites through the messaging tools provided on the Websites; or
(g) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
(h) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data). 3.3 You may not misuse the Websites including, without limitation, by hacking or for other illegal purposes. International users agree to comply with all local laws regarding online conduct and acceptable content.
3.4 All Visitor Material and any consequences thereof, including the use thereof by others, are the sole responsibility of its originator and the Company cannot take responsibility therefore. The Visitor Material you provide may be viewed by others and you should only provide content that you are comfortable sharing with others under these terms.
3.5 You retain your rights to any Visitor Material that you submit, post or display via the Websites and you grant to the Company a worldwide, non-exclusive, royalty-free license (with the right to sub-license) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute the same in any and all media or distribution methods (now known or later developed). You agree that this license includes the right for the Company to make such Visitor Material available to other companies, organizations or individuals who partner with the Company for the syndication, broadcast, distribution or publication of the same on other media and services, subject to our terms and conditions for such use.
3.6 You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Visitor Material that you submit to the Website.
3.7 The Company does not endorse, support, represent or guarantee the truthfulness, accuracy, completeness or reliability of any Visitor Material and you acknowledge that by viewing the Visitor Material you may be exposed to offensive, inaccurate, misleading, harmful or otherwise inappropriate content. Any use or reliance upon the Visitor Material is at your own risk and under no circumstances shall the Company be liable in any way for Visitor Material.
3.8 The Company may not moderate all Visitor Material, but where the Company becomes aware of Visitor Material that is in breach of these terms, it shall be removed from the Websites. If you find any Visitor Material that is in breach of these terms, do not respond to it via the Websites, but please identify it to the Company via support@digital.logansargeant2.com.
3.9 Visitor Material containing languages other than English may be removed by the Company.
3.10 The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of clause 3.2 or clause 3.3.
4. LINKS TO AND FROM OTHER WEBSITES 4.1 Links to third party websites on the Websites are provided solely for your convenience and by using them, you leave the Website(s). The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Websites, you do so entirely at your own risk.
4.2 If you would like to link to any Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the Logan Sargeant logos;
(b) you do not create a frame or any other browser or border environment around the Website;
(c) you do not in any way imply that the Company endorses any products or services other than its own;
(d) you do not misrepresent your relationship with the Company (nor any entities within the Company’s group) nor present any other false information about the Company (nor any entities within the Company’s group);
(e) you do not otherwise use any Logan Sargeant trademarks displayed on the Website without express written permission from the Company;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations. 4.3 The Company expressly reserves the right to revoke the right granted in clause 4.2 for breach of these terms and to take any action it deems appropriate.
4.4 You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of clause 4.2.
5. REGISTRATION 5.1 Each registration is for a single user only. The Company does not permit you to share your username and password with any other person nor with multiple users on a network.
5.2 Responsibility for the security of any passwords issued rests with you. You will ensure that you log-out properly at the end of each session.
5.3 You will be required to provide certain personal information when registering with the Websites. The Company shall only use such information in accordance with its Privacy Policy. For further details, please see our Privacy Policy which forms part of these terms. 5.4 Your registration must contain a valid and operational email address at all times. If the Company tries to contact you and your email address is not operational, your registration may be terminated.
6. DISCLAIMER
6.1 While the Company endeavors to ensure that the information on the Websites is correct, the Company does not warrant the accuracy and completeness of any material on the Websites. The Company may make changes to the material on the Websites at any time without notice. The material on the Websites may be out of date, and the Company makes no commitment to update such material.
6.2 The material on the Websites is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with the Websites on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for this legal notice, might have effect in relation to the Websites.
6.3 The Company cannot guarantee that the material and downloads on the Websites are free from viruses or malicious codes. It is your responsibility to ensure that you have taken precautions to protect your own computer system and device(s) from virus infection.
7. SERVICE ACCESS
7.1 While the Company endeavors to ensure that the Websites are normally available 24 hours a day, it shall not be liable if for any reason the Websites are unavailable at any time or for any period.
7.2 The Company reserves the right to alter, suspend or discontinue any aspect of any Website, including your access to it for any reason.
7.3 You will not interfere with the proper working of the Websites and will not tamper with, hack into or otherwise disrupt any computer system, server, router or any other internet connected device associated with the Websites.
8. LIABILITY
8.1 The Company, any other party (whether or not involved in creating, producing, maintaining or delivering any Website), and any of the Company's group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Websites, any websites linked to the Websites or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Websites or your downloading of any material from the Websites or any websites linked to the Websites.
8.2 Nothing in this legal notice shall exclude or limit the Company's liability for:
(a) death or personal injury caused by negligence;
(b) fraud;
(c) misrepresentation as to a fundamental matter; or
(d) any liability which cannot be excluded or limited under applicable law. 8.3 If your use of material on the Websites results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
9. GOVERNING LAW AND JURISDICTION
This legal notice shall be governed by and construed in accordance with the laws of the State of New York, United States of America. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the courts in the State of New York, United States of America.
Our terms and conditions were last updated on June 21, 2024.