YOUR USE OF OUR SERVICES AND WEB SITES IS SUBJECT TO YOUR AGREEMENT TO THE TERMS OF THIS AGREEMENT.
This Web site (referred to as "TopRacers") is offered to you, the user, by Edenic Games SL ("EG") conditioned on your
acceptance, without modification, of the terms contained herein. Your use of TopRacers constitutes your agreement to all
such terms (the "Agreement"). EG may change, add or remove any part of this Agreement, or any other terms associated with
the use of TopRacers, at any time, by posting a notice of such changes. Any changes shall become part of the Agreement and
shall apply as soon as such a notice is posted. By continuing to use TopRacers after the notice is posted, you are indicating
your acceptance of those changes.
By register an account on TopRacers you accept and warrant that you fully understand and agree to be bound by the terms of use
of this Agreement, by the privacy policy on this site and by all the rules and guidelines of this site.
Failure to abide by these terms and conditions may result in disqualification, account closure, forfeiture of funds and/or legal
action against you. If you do not agree to these terms and conditions do not create an account and don't run our software.
As the text in this Agreement as well as the rules and guidelines at our website could be presented in several languages.
English is always the deciding language in case of differences in interpretation.
All contents of this Web Site are: Copyright © Edenic Games S.L. All rights reserved.
General terms of use:
1. TopRacers is only for your personal use. You may not sell or exchange anything you copy from TopRacers or use it for any
business or commercial purpose. As long as you comply with the terms of this Agreement, EG grants you a non-exclusive,
non-transferable, limited right to enter, use, perform and display TopRacers and everything on it. You agree not to interrupt or
attempt to interrupt the operation of TopRacers in any way.
2. One person is only allowed to have one account.
3. It is not allowed to take over another users's account.
4. The e-mail address you write in your application should be correct and existing. If it doesn't exist we can't send you your
password if you should forget it, nor can you appeal the suspension of your team.
5. It is your responsibility to protect your Password. Any actions carried out by the use of your login details are at your sole
risk and any liability there from shall be strictly yours. Never give out your password to anyone claming to be a crew member or
admin, we will NEVER ask for your password in any situation.
6. All taxes, duties and fees applicable in connection with any winnings at TopRacers are the sole responsibility of the client.
7. Don't make use of possible bugs or exploits. When there are errors in the code or in the system in general it is considered as
cheating if you in order to benefit from it compared to other users, make use of a bug or don't report it.
8. You understand that online games, and system specifications necessary to play those games, may continuously evolve over time.
Accordingly, EG reserves the right to modify and/or increase the system specifications necessary to play any online game - whether
free or subscription based - at any time and without notice.
9. If we notice obvious signs of unsportsmanlike behaviour we will take appropriate action. Also other things done only to provoke
someone is forbidden and in worst cases it might lead to suspension.
10. Your failure to abide by this agreement may result in cancellation of the fee-based content and/or service without refund
and in additional charges based on unauthorized use.
TopRacers communication features
TopRacers communication features (e.g. message boards, forums, team pages) are services provided to members of TopRacers. By using any
of EG Communication Features, you agree to be bound by EG Privacy Policy as well as this agreement.
You understand that anything sent through or appearing in EG's Communication Features are the sole responsibility of those persons
posting the message. This means that you, and not EG, are entirely responsible for all information and material that you post there.
EG does not control the content of any postings in EG's Communication Features and does not guarantee the accuracy, integrity or
quality of anything within them. You understand that by using EG's Communication Features, you may be exposed to content that is
offensive, indecent or objectionable. Under no circumstances will EG be liable for any errors or omissions in any postings or for
any loss or damages of any kind incurred as a result of the use of any information contained within EG's Communication Features.
EG retains the right to terminate TopRacers membership, including membership trough our partners, of anyone who violates our
rules below or on the site.
You agree not to do any of the following while on TopRacers or in any communication feature provided by EG:
1. transmit any message, information, data, text, software or graphic files, or other materials ("Content") that is unlawful,
harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, that may be invasive of another's
right of privacy or publicity, hateful, racially, ethnically or otherwise objectionable;
2. impersonate any person or entity, including but not limited to, a TopRacers crew member or admin, guide or host or falsely
state or otherwise misrepresent your affiliation with a person or entity;
3. post or transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary
relationships (such as nondisclosure agreements);
4. post or transmit any Content that contains a virus or corrupted data;
5. delete any author attributions, legal notices or proprietary designations or labels that you upload to an EG Communication Feature;
6. use an EG Communication Feature in a manner that adversely affects the availability of its resources to other users
(e.g., excessive shouting [use of all caps], flooding [continuous posting of repetitive text] or excessively large embedded images);
7. post or transmit any unsolicited advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes,"
or any other form of solicitation;
8. intentionally or unintentionally violate any applicable local, state, national or international law, rule or regulation; and
9. upload or transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party.
By submitting (e.g., uploading or transmitting) Content to an EG Communication Feature, you automatically grant EG the royalty-free,
perpetual, irrevocable, non-exclusive, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other
works in any form, media, or technology now known or later developed. In addition, you warrant that any and all so-called "moral rights"
in the Content have been waived.
EG and our crew shall have the right, but not the obligation, in their sole discretion to edit, refuse to post, or remove any Content posted
in any EG Communication Feature. Without limiting the foregoing, EG and its crew shall have the right to remove any Content that is in
violation of the provisions hereof or otherwise objectionable. You agree to indemnify and hold EG harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due to or arising out of your violation of these terms and conditions or your
violation of any rights of another.
Disclaimer of liability
1. NEITHER EG NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON
TOPRACERS, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT
LIMITATION, THAT TOPRACERS WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
FROM USE OF TOPRACERS OR AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED
ON OR THROUGH TOPRACERS, INCLUDING, WITHOUT LIMITATION, ALL EG COMMUNICATION FEATURES.
2. The Software is delivered "as is" without any warranties. USE OF TOPRACERS IS AT YOUR SOLE RISK.
Limitation of liability
1. In no event shall TopRacers or any of its licensors or any of its or their respective partners, contractors, vendors or
suppliers be liable to licensee or any third party for any claims or damages, including, but not limited to any lost profits,
lost savings, lost data or any other direct incidental, consequential, indirect or punitive damages, whether resulting from
impaired or lost data, software or computer failure or any other cause, even if such damages are caused by TopRacers's own
negligence and even if TopRacers is advised of the possibility of such damages, or for any other claim by any user of the software.
In no event shall the liability of TopRacers or any of its licensors or any of its or their respective contractors, vendors or
suppliers be liable to licensee or any third party exceed the amount you paid for the Software.
2. No oral or written advice or statement given or made by TopRacers, or its dealers, agents, partners, distributors or employees
shall create any warranty or in any way increase the scope of the foregoing warranty.
Termination
1. Either EG or you may terminate this Agreement at any time.
2. Fees paid for any subscription term or pay-per-use are paid in advance and are not refundable in whole or in part.
3. You may terminate this Agreement at any time by not using TopRacers.
4. We can terminate the Agreement by asking you to stop using TopRacers, and, if necessary, by preventing your access to TopRacers.
5. TopRacers reserves the right to close down existing accounts without explanation
6. TopRacers reserves the right to refuse any application without further explanation.
7. Upon termination of this Agreement, you shall have no further rights to use TopRacers or its services.
(Revised 23rd May 2008)