A. TERMS AND CONDITIONS FOR fiaworldrallycross.com


1. Who is covered by these General Terms of Use


We at Rallycross Promoter GmbH, as defined in this website’s legal notice, and our affiliates, including WRC Promoter GmbH (“Rallycross” or “We”), want to provide you – our customers, fans and community – the best products, content and services available at any time, on our webpages and apps (“Platforms”) and to continue to develop these products, content and services with you. However, every cooperation needs a clear set of ground rules in order to guide how we interact with each other and to define core values. These General Terms of Use aim to set out the basic framework between you and us for our free products, content and services, and thus form the common basis for us to work together (“Rules”).

 

2. Scope of application


These General Terms of Use apply to the use of any of our products, content and services, except for RX+, which is subject to the terms and conditions on section B below, (“Content”) freely available to you on our Platforms. This includes any use of the Content by you, whether you’re visiting and browsing our webpages and apps, signing-up for events, newsletters and similar offers, downloading and streaming our Content, or registering and creating an account.

 

3. Your obligations as a user


At Rallycross, we believe that successful collaboration and social interaction online requires good manners (netiquette) and rules of conduct. Our Content is provided for your personal use only, which means you cannot use it for any commercial or otherwise profit-making purposes. Our cooperation is based on condition that you comply with applicable laws, do not violate our rights or the rights of third parties and that you use Content solely in a manner consistent with these Rules and do not destroy, damage or otherwise exploit it.
We also believe in the importance of mutual respect and consideration towards others. Therefore, any content that you post using our services must not contain any form of hate speech, defamation or be otherwise likely to cast a negative light on us or someone else.
To ensure that everything runs smoothly, we must all be responsible for the content that we own or control. Therefore, you must ensure that any information you provide us is correct, complete and up to date at all times during our cooperation.

 

4. Terminating this cooperation


If we determine that things are not working between you and us, in particular, if you violate any of these Rules, we reserve the right to terminate this cooperation at any time.

 

5. Rallycross’ content and services


5.1 All rights to Content reserved by Rallycross Promoter GmbH

All Content on our Platforms, including content and services provided by you or any third parties, i.e., in particular all texts, logos, brands, graphics, artwork, sounds, music and software (including the access software) is protected by copyright, personal rights, registered designs, patents, trademarks, service marks, design rights, database rights, trade secrets, rights of confidence and other similar rights (“IPR”). All intellectual property rights existing on the Platforms and to the Content are either our property or have been licensed to us. All rights are reserved by us or, if provided by a third party, they are reserved by the third party (and even if such content or service is not expressly marked as being legally protected or registered, this does not mean that we, WRC Promoter GmbH or third parties waive any applicable intellectual property rights, neither wholly nor partially with respect to such content or service). You are not permitted to reproduce, copy, post, republish, transmit, record, transfer or process any content, materials or portions thereof without our express written permission in advance, nor are you permitted to do or attempt anything that violates our intellectual property rights or any intellectual property rights licensed to us or owned by third parties. This also applies to the ideas and concepts on which the Platforms or Content are based, even if they are not protected by intellectual property rights.

 

5.2 Your license for use of our Platforms and Content

While we, at Rallycross, hold all rights to the Content on our Platforms, we want to enable you to easily access our Platforms and Content, so that you can explore everything we have to offer. We therefore grant you a limited license to use our Content for your personal use only. This means that you can enjoy our Content as a private individual, whether at home or on the go. Your license does not, however, include the right to use our Content as part of your commercial business ideas or any other commercial activities, nor does it allow you to reproduce, modify or otherwise exploit our Content. You are also not permitted to transfer this license to third parties.
We may from time to time give you the ability to embed certain elements contained in the Platforms or Content into third party platforms pursuant to the license terms contained herein. If you do so, you may not modify, build upon or block any portion or functionality of the Content, including links back to our Platforms. You also agree that we have the right to set Cookies, serve ads and collect information (tracking) through such embed.
Therefore, you undertake to obtain the consent by the user for such use (especially in line with our Privacy Policy) before providing the Content. If user does not provide consent, you may not provide the Content and you inform the user of the possibility to watch the Content (without Cookies) on our Platforms. In any case you have to comply with the applicable (data protection) law(s) and these Terms.

 

5.3 Third Party Content

Our Platforms may utilize or incorporate digital content or services from third-party vendors (“Third-Party Content”). You acknowledge and agree that your right to use such content or services of third parties may be subject to additional terms and conditions of the third party providing these services. If you do not agree to these additional conditions, you are not permitted to use the respective third-party content or services.

 

6. Special features


6.1 Favourites


Some of our Platforms enable you to bookmark your favourite Content, so that you can access it quickly and easily later on. You can also use this feature to keep up to date with new and upcoming Content from us. This feature is an integral part of our process for providing and developing our Content.


7. User-Generated Content


7.1 What do we mean by “User-Generated Content”?

Our Platforms offer a variety of features, which enable you to engage with us and the community by posting your own comments, news, texts, illustrations, data, files, images, graphics, photos, sounds, music, videos, information, content and/or other materials and by liking, sharing and rating. All content contributed by you using these functions is collectively referred to herein as “User-Generated Content” or “UGC”.

 

7.2 Unrestricted license to your UGC for Rallycross purposes

In some cases, you or third parties may have copyrights or other intellectual property rights to your UGC.
To the extent that you contribute to our Platforms in the form of UGC, at the time of participation you grant us a worldwide, unrestricted, irrevocable, non-expiring license free of charge that is transferable to third parties to use your UGC in its full scope and extent by all means and in all media and to create derivative works as well as to adapt, digitize, dub and otherwise exploit your UGC. In particular, this license also includes use of UGC in advertisements and promotional campaigns and is in no case limited to the Platform on which the UGC was provided by you. You agree that you have no right or claim any fees or additional consideration for our use of the UGC.
Finally, you grant other users permission to access your UGC and to use, reproduce, like and share it, to create derivative works, publicly display and present it, transfer and publish it to the extent this is permitted by the functionality of our services and these terms of use.

 

7.3 Viewing and removing UGC

We have the right but not the obligation to monitor UGC. We have the right to modify, withhold, remove or block access to UGC at our own discretion and for any reason whatsoever.

 

7.4 Your personal information and UGC

You give us the right (but not the obligation) to use your biographical information including, without limitation, name, image, voice, biography, likeness and geographic location in connection with broadcasting, printing, online or other use or publication of the UGC in conformance with the above license contained herein.

 

7.5 General conditions for UGC

Before we can allow you to contribute your UGC, you must agree to comply with the following rules. You therefore undertake, represent and warrant that your UGC shall in no circumstance: (i) cast a negative light on Rallycross or on our activities, businesses or brands. In particular, you are prohibited from using the following content in connection with your UGC: (a) illegal products, content, services or materials and/or (b) coverage of accidents, assaults, catastrophes or riots; (ii) be unlawful, threatening, racist, libellous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic or otherwise objectionable, or otherwise violate any applicable law; (iii) encourage conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law; (iv) be an advertisement for goods or services or a solicitation of funds; (v) enable the identification of personal information such as messages, phone numbers, social security numbers, account numbers, addresses, or employer references; or (vi) contain any virus, trojan horses or other harmful code or script.
Moreover, any conduct that we believe, in our sole discretion, restricts or inhibits any other user from using or enjoying our Platforms or Content will not be permitted.

 

7.6 Guarantees and indemnification

In order to ensure that these rules are complied with and to safeguard our interactions, you provide the following guarantees and indemnification to us with respect to your UGC:
You acknowledge and agree that you are solely responsible for the UGC you submit. You represent and warrant that you are the owner of all rights to your UGC and that it does not violate or infringe any third-party rights such as personality rights (in particular the right to one’s own image), intellectual property rights such as trademarks, patents, copyrights or other legally protected property rights.
You further represent and warrant that all the requisite rights, approvals, permissions and waivers of rights have been properly obtained from each participant, actor, moderator, contributor, or other persons involved in the UGC or the associated rights, services or institutions, and that you are authorized to exercise those rights at your own discretion and in the scope and extent provided for herein.
You agree to indemnify Rallycross and hold us, our affiliates, including WRC Promoter GmbH, officers, directors, shareholders, employees and agents fully and completely harmless from any third-party claims arising in connection with the upload of your content and our use thereof for the purposes stipulated at the time of upload, as a result of your negligent or intentional violation of your above guarantees.

 

8 Liability


We and our affiliates, shareholders, employees, distributors, licensors and representatives cannot be made liable for our free Content, whether by contract, tort (including and without limitation negligence) or other act or omission, regardless of whether such act or omission is direct, indirect, consequential or specific. The exclusions set forth in this section apply even if the loss or harm suffered by you was or should have been foreseen by us and/or you informed us of the risk that you suffered the loss or harm. Nothing in these General Terms of Use shall limit or exclude our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation or for any other type of liability which cannot be limited or excluded by applicable law, or otherwise affect your statutory rights as a consumer.

 

9 Final words and rules


Each provision of these Rules applies separately and independently. If any provision of these Rules is or becomes invalid or unenforceable, whether in part or as a whole, the remaining provisions of these Rules shall remain unaffected. In such case, the affected provision will either be construed and modified to the minimum extent necessary to render it valid or repealed and replaced with a valid provision that best gives effect to the purpose of these Rules and enables them to remain in full force and effect to the extent permitted by law.
These Rules shall be governed by and construed in accordance with German law. All disputes arising out of or in connection with these Rules, including any questions regarding their existence, validity or termination, shall exclusively be settled by the court responsible for commercial matters in Munich in accordance with the law in force in Germany, without reference to its rules relating to conflicts of law. The application of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 shall be excluded.
The original version of the Rules is in English. Any translated version is for your convenience and information only. In case of disputes the English text shall prevail.

(Last update: July 2021)

 

B. TERMS AND CONDITIONS FOR RX+


1. General Information

1. RX+

RX+ is a subscription service provided by WRC Promoter GmbH managed for, and licensed by, Rallycross Promoter GmbH with registered offices at Hermann-Weinhauser-Straße 73, 81673 Munich, Germany(hereinafter referred to as “Rallycross”, “we” or “our”). The following Terms and Conditions (hereinafter “T&C”) set out the rules which apply to you (“user”, “you” or “your”) as a user of RX+. As used herein, “RX+ service”, “our service”, “the service” or “RX+” means the service provided by Rallycross for discovering and watching our product, including all features and functionalities, applications, website, and user interfaces, as well as all content and software associated with our service.

2. Changes to the T&C, Latest Version

Rallycross reserves the right to review and revise the T&C from time to time, in particular to satisfy the requirements of providers of platforms for the distribution of applications. We will inform you about any such change and will provide you with an updated version of the T&C (“New T&C”). You may object to the New T&C within a period of 14 days. If you do object you can no longer make use of the RX+ and we ask you to delete it from all your devices. Other than that, the New T&C will become effective after expiration of the 14 days period.

3. Language

The original version of the T&C is in English language. Any translated version is for your convenience and information purposes only. In case of disputes the English version shall prevail.

4. Contact

Please contact us via email under support@service-plus.fiaworldrallycross.com if you have a question, complaint or comment about the RX+ services, its application or content or if you are aware that these T&C are being breached by another user or a third party.


2. RX+ Service


1. The RX+ service is currently offered in English language only.

2. You must be 16 years of age to subscribe to the RX+ service. Individuals under the age of 18 may utilize the service only with the involvement of a parent or legal guardian, under such person's account and subject to these T&C.

3. RX+ and its services are available via internet and via the official Rallycross app for smartphones and tablets (iOS and Android).

4. You may use RX+ services for strictly private purposes only. No commercial use is permitted, and you are in particular not allowed to make the services publicly available (please see also in paragraph 7.3 below), e.g. on the internet, in forum(s) or group(s), on social media platform(s), in bar(s), in restaurant(s), in club house(s), etc. In case of a violation we are entitled to terminate the contract with you and claim reasonable damages from you.

5. You may view our service only in geographic locations where we offer our service and have it licensed. The content that may be available to watch will vary by geographic location. RX+ will use technologies to verify your geographic location.

6. The number of devices on which you may simultaneously use RX+ is limited to two. The number of devices available for use and the simultaneous streams may change from time to time at our discretion.

7. We continually update our service. In addition, we test various aspects of our service, including our website, user interfaces, promotional features, availability of features, delivery and pricing on a regular basis. We reserve the right to include you or exclude you from these tests without notice.

8. You must use our service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, including public performance limitations or other restrictions on use of the service or content therein.

9. The availability of our service will change from time to time. The quality of the display of the streaming features may vary depending on your device, display, operating systems and settings and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your internet connection. For more requirements in relation to the required operating systems, browsers and hardware find information under https://www.fiaworldrallycross.com/world-rx/footer/rx-/faqs/ .Not all content is available in HD. HD availability is further subject to your internet and/or mobile service and device capabilities. You are responsible for all charges relating to your internet access and mobile data use. Please check with your access provider for information on data usage charges.

10. Rallycross makes no representations or warranties about the quality of your watching experience on your device or display.


3. Subscription and Payment


1. RX+ Subscription


1. By submitting your completed registration form and clicking the ‘Start Paid Membership’ button you are sending us your binding offer to conclude a subscription contract for the RX+ services. You must have internet access, a valid e-mail and provide us with a valid and accepted method of payment (as such may be updated from time to time, “Payment Method”) to use the RX+ service. Once you have submitted your offer, we will immediately send you an e-mail confirmation of your offer. A binding contract is formed when you receive the confirmation from us or by our grant of access to the RX+ service for you (“RX+ Subscription” or “Contract”).

2. Depending on the RX+ Subscription plan you purchase, it will or will not continue and/or extend automatically. If you choose the ‘event pass’ format, it will be valid for one Rallycross event only, and will not continue and/or extend automatically. For the event passes, you will have access until the expiration of the pass, which will be stated when buying the product. You can check your expiration date on your RX+ profile. If you choose a different RX+ Subscription format from the ‘event pass’ (e.g. the ‘season pass’), it will continue and extend automatically according to your current billing plan, unless and until your RX+ Subscription is terminated either by you via withdrawal or termination, or if we terminate it. We will bill the chosen RX+ Subscription plan’s fee to your Payment Method. In order to avoid the billing of the next chosen plan's subscription fee to your Payment Method you must cancel your RX+ Subscription before it renews automatically upon the anniversary of your chosen subscription period.


2. Payment


1. Recurring Payments

The current subscription fees and charges for your RX+ Subscription are displayed in the ordering process as a total price (total price of the subscription plans’ services, including taxes). By starting your RX+ Subscription you authorize Rallycross to charge to your Payment Method upon start of your RX+ Subscription the chosen subscription fee and any other charges for payable services you may use in connection with your RX+ Subscription and Rallycross service. If you choose a RX+ Subscription plan that continues automatically, the subscription fee will be charged unless and until you cancel your RX+ Subscription. Rallycross will automatically charge your subscription fee to your Payment Method upon each anniversary of your chosen subscription plan or, if such date does not occur in such month or year, on the last day before such date in the applicable month or year. Your renewal date may change due to changes in your RX+ Subscription. You acknowledge that the amount charged on each chosen billing period may vary from one billing period to the next for reasons that may include differing amounts due to promotional offers and/or changing or adding subscription plans, and you authorize us to charge such varying amounts to your Payment Method, which may be charged periodically (e.g. monthly or yearly), according to your chosen subscription plan, in one or more transactions.

2. Price Changes

In the event the pricing for our services will change and in particular increase, we will notify you thereof in advance per e-mail or in the Rallycross app. Price changes will only take effect following such notice to you and your consent. You may object to the price changes within a period of 14 days. If you do object we are allowed to terminate the service and you can no longer use the RX+ service, however, you will continue to have access to the service until the end of your current billing period.

3. No Refunds

RX+ Subscription fees are fully earned upon payment. Payments are non-refundable and there are no refunds or credits for partially used periods except if a refund is mandatory with regard to an effective withdrawal right required by law (see clause 5). Following any cancellation, you will continue to have access to the service until the end of your current billing period.

4. Payment Methods

You can find the Payment Method currently accepted (e.g. credit cards such as Visa/MasterCard/American Express) at https://www.fiaworldrallycross.com/world-rx/footer/rx-/faqs/payment/. We reserve the right to adapt the Payment Method from time to time in Rallycross’ sole discretion. You may edit or update your Payment Method information by visiting our website and clicking on your profile section. If a payment is not successfully settled due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account as set forth herein, you remain responsible for any uncollected amounts and costs in connection therewith and you authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates.

 

4. Termination


1. You may terminate your RX+ Subscription at any time, and you will continue to have access to the RX+ service until the end of your current billing period. To terminate your RX+ Subscription, go to ‘Profile’ and follow the instructions for termination.

2. Rallycross may terminate this agreement subject to one (1) week’s notice, or for good cause at any time. A good cause is, in particular, filing of an insolvency petition or refusal to commence insolvency proceedings for lack of estate. A good cause for termination is, furthermore, if you default on payment of the continuing fees in a repeated billing period; or the RX+ service is ceased in its entirety.

3. Rallycross may, in its sole discretion, without prior notice, block, suspend or terminate your access to the service in its entirety or in parts depending on the individual case, if Rallycross determines or has reasonable grounds to suspect that you have breached these T&C or your use of RX+ may cause damage. In addition, a breach of the T&C may constitute a fraudulent offence and result in legal claims and damages as well as criminal prosecution.

 

5. Right of withdrawal and exceptions from the withdrawal right

 

1. Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the formation of the contract. To exercise the right of withdrawal, you must inform us (Rallycross Promoter GmbH, Hermann-Weinhauser-Straße 73, 81673 Munich (phone +49-89-212-6699-0, fax +49-89-212-6699-28, e-mail: info@fiaworldrallycross.com) of your decision to withdraw from this contract by a definite and clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

2. Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

3. Model withdrawal form

(Complete and return this form only if you wish to withdraw from the contract)
To Rallycross Promoter GmbH, Hermann-Weinhauser-Straße 73, 81673 Munich (phone +49-89-212-6699-0, fax +49-89-212-6699-28, e-mail: info@fiaworldrallycross.com:


I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
Ordered on (*)/received on (*),
Name of user(s),
Address of user(s),

Signature of user(s) (only if this form is notified on paper), Date

(*) Delete as appropriate

 

4. Exemption from withdrawal right

You will lose your right of withdrawal before the end of the withdrawal period if we begin with the performance of our services and you have given your express consent to the beginning of the performance before the end of the withdrawal period and your acknowledgment that you lose your right of withdrawal by giving this consent with the beginning of the performance. We will inform you about this exemption from your withdrawal right and ask for your express consent and acknowledgment within the ordering process. Beginning of our performance means the granting of access to our service.

6. Third Party Software


1. Third Party Software

RX+ may utilize or include third party software that is subject to free and open source and/or third-party license terms (“Third Party Software”). Your right to use such Third Party Software as part of RX+ is subject to and governed by the terms and conditions of a free and open source software (“FOSS”) initiative or third party license applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein.

2. Other Third-Party Content, Services.

RX+ may utilize or include digital content or services of third-party providers (“Third Party Content” or “Third Party Services”). Your right to use such Third Party Content or Third Party Service via RX+ or as part of RX+ may be subject and governed by additional terms and conditions of the third party providing those services. If you do not agree with such additional terms and conditions you may not use the respective Third Party Content or Third Party Service.



7. User Content, Obligations and use Restrictions

1. User Content

1. RX+ may offer features, which enable you to engage with us and the community by posting your own comments, news, texts, illustrations, data, files, images, graphics, photos, sounds, music, videos, information, content and/or other materials and by liking, sharing and rating. All content contributed by you using these functions is collectively referred to herein as “User-Generated Content” or “UGC”.

2. Unrestricted license to your UGC for Rallycross purposes

In some cases, you or third parties may have copyrights or other intellectual property rights to your UGC.
To the extent that you contribute to our website or applications in the form of UGC, at the time of participation you grant us a worldwide, unrestricted, irrevocable, non-expiring license free of charge that is transferable to third parties to use your UGC in its full scope and extent by all means and in all media and to create derivative works as well as to adapt, digitize, dub and otherwise exploit your UGC. In particular, this license also includes use of UGC in advertisements and promotional campaigns and is in no case limited to our website or applications on which the UGC was provided by you. You agree that you have no right or claim any fees or additional consideration for our use of the UGC.
Finally, you grant other users permission to access your UGC and to use, reproduce, like and share it, to create derivative works, publicly display and present it, transfer and publish it to the extent this is permitted by the functionality of our services and these terms of use.

3. Viewing and removing UGC

We have the right but not the obligation to monitor UGC. We have the right to modify, withhold, remove or block access to UGC at our own discretion and for any reason whatsoever.

4. Your personal information and UGC

You give us the right (but not the obligation) to use your biographical information including, without limitation, name, image, voice, biography, likeness and geographic location in connection with broadcasting, printing, online or other use or publication of the UGC in conformance with the above license contained herein.

5. Guarantees and indemnification

In order to ensure that these rules are complied with and to safeguard our interactions, you provide the following guarantees and indemnification to us with respect to your UGC:
You acknowledge and agree that you are solely responsible for the UGC you submit. You represent and warrant that you are the owner of all rights to your UGC and that it does not violate or infringe any third-party rights such as personality rights (in particular the right to one’s own image), intellectual property rights such as trademarks, patents, copyrights or other legally protected property rights.
You further represent and warrant that all the requisite rights, approvals, permissions and waivers of rights have been properly obtained from each participant, actor, moderator, contributor, or other persons involved in the UGC or the associated rights, services or institutions, and that you are authorized to exercise those rights at your own discretion and in the scope and extent provided for herein.
You agree to indemnify Rallycross and hold us, our affiliates, officers, directors, shareholders, employees and agents fully and completely harmless from any third-party claims arising in connection with the upload of your content and our use thereof for the purposes stipulated at the time of upload, as a result of your negligent or intentional violation of your above guarantees.

 

2. Obligations

1. Caution. You must be aware that any action, activity and/or information displayed or provided on or via RX+ is conducted by trained and experienced professionals and it is your responsibility to take precautions and use common sense when using RX+.

2. Registration. During your registration to use RX+ you must enter correct and complete data and keep such information up to date at all times.

3. Rallycross Reputation. The user must not cast a negative light on Rallycross, Rallycross’ affiliates, or their activities, businesses or brands. You shall in particular refrain from using or posting, uploading, transmitting through, or otherwise making available through the RX+, any content in connection with: (a) illegal products, content, services or materials; (b) any products, content, services or materials concerning or relating to obscenity, pornography or similarly adult-themed material; (c) coverage of accidents, assaults, catastrophes or riots.


3. Use Restrictions. You may not use RX+ for the purposes described in sections 7.3.1 to 7.3.5 below.

1. Exploitation.

All content on RX+, including content and services provided by you or any third parties, i.e., in particular all texts, logos, brands, graphics, artwork, sounds, music and software (including the access software) is protected by copyright, personal rights, registered designs, patents, trademarks, service marks, design rights, database rights, trade secrets, rights of confidence and other similar rights (“IPR”). All intellectual property rights existing on RX+ and to its content are either our property or have been licensed to us. All rights are reserved by us or, if provided by a third party, they are reserved by the third party (and even if such content or service is not expressly marked as being legally protected or registered, this does not mean that we or third parties waive any applicable intellectual property rights, neither wholly nor partially with respect to such content or service). You may not reproduce, copy, post, republish, broadcast, publicly display, record, offer, transmit, distribute or edit RX+ or any of its services or content in its entirety or any parts thereof. The same shall apply to ideas and concepts of RX+, any service it is based on, even if not protected by intellectual property rights or any other applicable law.


2. Content Protection.

You must not and must not attempt to breach, surpass or circumvent any applied content protection, digital right management or any other software protecting or assisting RX+, its application, website, content or any of the service.

3. Harmful Impact.

You must not and must not attempt to hamper, disable, interfere or attempt to interfere with RX+, its application, codes, scripts or any part of it (including its security-related features or any transaction as may be concluded on this service), either via any virus, trojan horses, or other harmful code or script or any other action or tool, which may cause damage to RX+, its applications, websites, apps, content or any of its service or any technical installation.

4. User for Commercial Purposes.

You must not use RX+ or any part thereof for commercial purposes, including without limitation the sale of access to RX+.

5. Unlawful Activities.

You must not use RX+ for any unlawful purpose or for the publication of, linking to, issue or display of any unlawful material (such terms to include, but not be limited to, any pirated software or any material which is obscene, threatening, malicious, deceptive, harmful, abusive, defamatory, intimidating, discriminatory on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability) or which breaches the rights (including, but not limited to IPR) of us and/or any third party or which encourages or procures any criminal activity or contains any virus, trojan horses, or other harmful code or script.


8. Warranty for Defects, Liability

1. Disclaimer, Warranty for Defects for Free Apps

1. Quality. Rallycross makes no express or implied representations or warranties of any kind (and all representations and warranties are expressly rejected to the fullest extent permitted under applicable law) with respect to the accuracy, quality, workmanship, timeliness (including in respect of delivery), functionality, marketability, availability, or completeness of RX+, services or content provided therein or towards the non-infringement of industrial or intellectual property or any other rights of third parties or the suitability of the content for a particular purpose. Any decision or action taken by you on the basis or in relation to the information provided on or via RX+ are at your sole discretion and risk.

2. Availability. You acknowledge and agree that you access and use RX+ at your own risk on an ‘as is’ and ‘as available’ basis and that we are not liable for any errors or omissions, interruptions or defects in RX+ any availability or delivery (including without limitation whether caused by interruption, deletion, delay in operation, transmission, communication line, errors, omissions or computer virus, trojan horses, or other harmful code or script), unless caused by our negligence and subject always to clause 8.2. We do not warrant that the Rallycross service will be corrected. We reserve the right at any time and without notice to interrupt the operation of RX+ (or parts thereof) as may be necessary to perform routine or non-routine maintenance, error correction or mandatory necessary changes.

 

2. Liability

You agree that we, our and our affiliates’ employees, directors, distributors, licensors and agents shall not be liable, whether in contract, tort (including without limitation negligence) or otherwise and whether such liability is direct, indirect, consequential or special, for any: (i) loss or use of data; (ii) failure to provide our service due to server failure or any event of force majeure including, without limitation, acts of God, war or terrorism, breaches of security or unauthorised use of personal data arising from hacking and/or failure or lack of reception of networks and in each case whether arising in connection with the use of or attempt to use RX+, the inability to use these items, delays, unavailability, interruption or termination of our provision of RX+. The foregoing limitations shall not apply in case of willful misconduct or gross negligence. Nothing in these T&C shall limit or exclude our liability for guaranteed product specifications, for death or personal injury or under the German Product Liability Act.

 

3. Warranty for and Liability regarding paid Apps or In-App Purchase Function

With regard to paid apps or parts of an app (including content or services) that are subject to an in-app purchase, any limitation of warranty or liability shall only be applicable as far as mandatory applicable laws allow such.


9. Indemnity

You agree to fully indemnify and hold us, our affiliates, officers, directors, shareholders, employees and agents harmless in respect of any liability, damage, claim, action, expense, demand or cost (including any legal fees in relation to such claim or damage) incurred by us arising from or in connection with your use of RX+ provided that by the respective use the user breaches these T&C or violates any applicable law.

10. Online Dispute Resolution according to EU Regulation:

The European Commission provides an online dispute resolution platform for consumer disputes, available at https://ec.europa.eu/consumers/odr/.


11. Information according to § 36 German Consumer Dispute Resolution Act:

Please note that we are not prepared and obliged to participate in dispute resolution proceedings before a consumer arbitration board.


12. Final Provisions

1. Severance

Each provision of these T&C shall be constructed separately and independently. The effectiveness of these T&C shall not be impaired if any provision of these T&C should be completely or partially invalid or unenforceable. In this case, such provision shall be limited or eliminated to the minimum extent necessary and replaced by a valid provision that best embodies the intent of these T&C, so that these T&C remain in full force and effect.

2. Transfer and Assignments of Granted Rights

The user may not transfer or assign any rights and licenses granted under these T&C.

3. Governing Law and Jurisdiction.

These T&C shall be governed by and construed in accordance with German law. All disputes arising out of or in connection with these T&C, including any questions regarding their existence, validity or termination, shall exclusively be settled by the court responsible for commercial matters in Munich in accordance with the law in force in Germany, without reference to its rules relating to conflicts of law. The application of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 shall be excluded.


13. Additional Conditions of or Regarding Platform Provider

Depending on the platform of a respective service provider from which RX+ was downloaded, additional terms and conditions may apply for your use of RX+. It is the user’s sole responsibility to determine these supplementary or (as the case may be) prevailing terms and conditions and the user undertakes to comply with them accordingly. Irrespective thereof, depending on the platform you downloaded RX+ from, the following shall apply individually.

 


Apple

1. The T&C are a contract between you and Rallycross. Apple is not a contractual partner. Apple assumes no responsibility for RX+.
2. Rallycross grants you the right to use the RX+ app on iOS-products that you own or are operated by you in each case in compliance with the terms of use of the app store.
3. Apple is in no respect obliged to provide any maintenance and/or support services with regards to the app of RX+.
4. Apple assumes no responsibility for the review, defense, settlement and fulfilment of claims resulting from an infringement of third party intellectual property.
5. Apple is not obliged to react to claims by you or a third party in connection with the app of RX+ or its ownership and/or the use of the app of RX+. This applies, amongst others, for the following claims (a) product liability claims; (b) claims regarding any statement that the app of RX+ infringes applicable statutory or regulatory requirements and (c) claims regarding consumer and similar laws.
6. In case the app of RX+ and these T&C should not provide for applicable mandatory rights, you are entitled to inform Apple in order for Apple to reimburse the purchase price (if applicable). To the extent permitted by applicable law, Apple assumes no further warranty obligation with regard to the app of RX+.
7. Apple and its affiliated entities are beneficiary of the T&C and are therefore entitled to (and this right shall be deemed to have been accepted) assert them against you.

(Last update: September 2021)