Terms of Service

Acceptance of Terms

The Terms of Service (“Terms”) you are reading are a legal agreement between iRACE Platform (“we”) and yourself (“you”). By accessing or using any iRACE Platform application or game (“Service”) you agree that you have read, understood, accept and agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

iRACE Platform reserves the right, in its sole discretion, to revise or modify these Terms at any time, and you agree to be bound by such revisions or modifications. Users are responsible for viewing these Terms periodically. Your continued use of the Service after a change or modification of these Terms has been made will constitute your acceptance of the revised Terms. If you do not agree to the Terms your only remedy is to discontinue your use of the Service and to cancel any accounts you have created using the Service.

If you violate the Terms, iRACE Platform reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any or all accounts you have created using the Service. You agree that we need not provide you notice before terminating or suspending your account(s), but it may provide such notice in its sole discretion.

You agree that iRACE Platform may change any part of the Service, including its content, at any time or discontinue the Service or any part thereof, for any reason, without notice to you and without liability. You may refer to www.irace.win for any updates of Terms of Service.

Account information

During the process of creating an account to access the Service (”Account”), you may be required to select a password or to allow us to access your account information from a social network service (“Login Information”). The following rules govern the security of your Account and Login Information. For the purposes of these Terms, references to Account and Login Information shall include any account and account information, including user names, passwords or security questions, whether or not created for the purpose of using the Service, that are used to access the Service (for example, account information for a social network service account from which the Service is accessed):


You shall not share your Account or Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of your Login Information, including purchases, whether or not authorized by you;
You are responsible for anything that happens through your Account, whether or not such actions were taken by you. You therefore acknowledge that your Account may be terminated if someone else uses it to engage in any activity that violates the Terms of Service or is otherwise improper or illegal.


iRACE Platform reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.

You understand that your user ID number, name and profile picture will be publicly available and that search engines may index your name and profile photo

Any personal information you provide to us when creating or updating your account, which may include your name, birth date, e-mail address, and, in some cases, payment information, will be held and used in accordance with iRACE Platform’ Service. You agree that you will supply accurate and complete information to us, and that you will update that information promptly after it changes.

We may collect Personal Information in one or more of the following circumstances or for one or more of the following purposes:

  • to provide you with the services, benefits and/or privileges under the iRACE Platform, to manage your membership account, transactions and activities thereunder and to enable you to participate in iRACE Platform as a member;
  • to provide you with products and/or services which you have subscribed for and to notify you about important changes or developments to the features;
  • to send you information on the products and services, and special promotional offers, newsletters or customer survey forms and questionnaires;
  • to provide you with services, benefits, information, to manage or process any transactions you have undertaken on any programs (e.g. reward programs, or in respect of any programs with our respective partners including co-brand programs and/or other business collaborations);
  • to process your payment transactions and for other operational and administrative purposes, including without limitation, sending you notifications, and managing your account,
  • to provide you with services, benefits, information, to manage or process any transactions with any of our partners and respective group companies, including but not limited to our shareholders, related corporations, affiliates, subsidiaries, fellow subsidiaries and associates in relation to the services, benefits and/or privileges provided to you;
  • updating and managing the accuracy of our records; prevention, detection or prosecution of crime, and complying with legal and regulatory obligations;
  • to conduct assessment and analysis behaviour scoring, market, product and trend analysis and market research;
  • to conduct internal activities, administrative, operational, marketing, planning, product or service development, troubleshooting and research requirements;
  • to administer your participation in contests or campaigns that we may run from time to time;
  • cross selling, marketing and promotions including administering offers and competitions;
  • communications and ensuring customer satisfaction, which may include conducting surveys to improve the quality of our products and services, responding to inquiries and complaints and to generally resolve disputes or to enforce our terms and conditions, including the terms and conditions relating to our products and/or services;
  • maintaining your member account history for present and future reference (if any);
  • with regards to interaction with applications created by iRACE, the information collected with regards to your location and mobile device may be used to provide you with location-based services such as search results and marketing content;
  • for such other purposes as set out in any other terms and conditions (including product terms and conditions and campaign terms and conditions); and
  • for any purpose made known to you at the time of collection of your personal information.

License

Subject to your agreement and compliance with these Terms, iRACE Platform grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited scope license to use the Service. Use of the Service shall be solely for your own, private, non-commercial entertainment purposes and for no other purpose whatsoever. You hereby acknowledge that your license to use the Service is limited by these Terms, and, if you violate or if, at any point, you do not agree to any of these Terms, your license to use the Service shall immediately terminate, and you shall immediately refrain from using the Service. If the Service or any part thereof is determined to be illegal under the laws of the country in which you are situated, you shall not be granted any license to use the Service, and must refrain from using the Service.

Account Termination

iRACE Platform may refuse access to the Service or may terminate your account without notice for any reason, including, but not limited to, a suspected violation of these Terms, illegal or improper use of your account, or illegal or improper use of the Services, User Content (as defined below), products, or iRACE Platform’s intellectual property as determined by iRACE Platform in its sole discretion. You may lose your user name and persona, if applicable, as a result of account termination, without responsibility on the part of iRACE Platform for any damage that may result from the foregoing.

In addition to the foregoing, iRACE Platform may selectively remove, revoke or garnishee Benefits associated with your account. “Benefits” mean licensed rights granted, awarded, gifted, provided to and/or purchased by you to access and/or use online or off-line elements or features of the Service and/or products, and include but are not limited to paid and free downloadable content, virtual currency, digital and/or virtual assets, unlockable content, rights of use tied to unlock keys or codes, serial codes and/or online authentication of any kind, and in-game achievements.  If your account, or a particular subscription for the Service associated with your account, is terminated, suspended and/or if any Benefits are selectively removed, revoked or garnisheed from your account, no refund will be granted, no Benefits will be credited to you or converted to cash or other forms of reimbursement, and you will have no further access to your account or Benefits associated with your account or the particular Service.

You acknowledge that iRACE Platform is not required to provide you notice before suspending or terminating your account or selectively removing, revoking or garnisheeing Benefits associated with your account.  In the event that iRACE Platform terminates your account, you may not participate in any of the Services again without iRACE Platform’s express permission. iRACE Platform reserves the right to refuse to keep accounts for, and provide access to the Service or other services to, any individual. You may not allow individuals whose accounts have been terminated by us to use your account. If you believe that any action has been taken against your account in error, please contact us at: service@irace.win

User Content

You agree that any content published by you through the Service is done so through the use of technology and tools provided by iRACE Platform. You agree that you are publishing such content willingly and you represent that you own such content, that you have all rights to publish said content and that your publishing of the content complies with all applicable laws. You understand and agree that you may not distribute, sell, transfer or license this content and/or application in any manner, in any country, or on any social network, or other medium without the explicit prior written permission of iRACE Platform. Any text, graphics, photographs, files or other User Content uploaded by you shall be your sole responsibility and you hereby agree that you may be held liable for any User Content that you upload. iRACE Platform shall not bear any responsibility for any of the abovementioned content.

iRACE Platform may or may not regulate User Content and provides no representations or guarantees regarding the accuracy, quality, or integrity of any User Content posted via the Service. By using the Service you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that iRACE Platform will not under any circumstances be responsible or liable for any User Content, including, but not limited to, errors in any User Content or any loss or damage incurred by use of the User Content or for any failure to or delay in removing User Content.

iRACE Platform reserves the right (but shall at no time be obligated) to, in its sole discretion, remove, block, edit, move, disable or permanently delete User Content from the Service with or without notice for any reason whatsoever. You hereby agree that, to the maximum extent permitted by applicable law, iRACE Platform shall at no time be responsible or held liable for the removal, modification or blocking of material or User Content that may be considered offensive and shall at no time be obligated to effect such removal other than under applicable law.

COOKIES

We may use cookies in our Website or the Mobile App to:

  1. maintain your session and required details during the application, subscription, registration process and during transactions (session cookie);
  2. collect Website or the Mobile App usage data for statistical/analytics purposes (analytics cookie); and
  3. direct you to the correct landing page based on your geo-location (geo-targeting cookie).

You may instruct your browser, by changing its setting, to stop accepting cookies or to prompt you before accepting a cookie from the Website or the Mobile Apps that you visit. Our Website or the Mobile App will not function properly if the cookie setting is disabled.

Communication Channels

The Service may provide communication channels such as forums, communities (“Communication Channels”) designed to enable you to communicate with other Service users. iRACE Platform is under no obligation to monitor these communication channels but may do so, and reserves the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at its sole discretion. iRACE Platform may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that chats, postings, or materials posted by users on the Communication Channels are neither endorsed nor controlled by iRACE Platform, and these communications should not be considered reviewed or approved by iRACE Platform. You will be solely responsible for your activities within the Communication Channels and under no circumstances will iRACE Platform be liable for any activity within the Communication Channels.

You agree that all your communications within the Communication Channels are public, and you have no expectation of privacy regarding your use of the Communication Channels. iRACE Platform is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users.

Virtual Currencies/Goods

The Service may include an opportunity to purchase virtual, in-game currency (“Virtual Currency”) that may require you to pay a fee using “real money” or “cryptocurrency”  to obtain the Virtual Currency. You understand that you have no right or title in the virtual in game items or Virtual Currency.

Your purchase of Virtual Currency is final and is not refundable, exchangeable, transferable, except in iRACE Platform’s sole discretion. Any violation of Terms may result in termination of your account with the Service and/or legal action.

iRACE Platform retains the right to modify, manage, control and/or eliminate Virtual Currency at its sole discretion. Prices and availability of virtual in game goods are subject to change without notice.

Rules of Conduct and Usage

You represent and warrant that you have full right and authority to use the Services and to be bound by these Terms. You agree that you will comply fully with all applicable laws, regulations, statutes, ordinances, and the Terms herein.

You undertake that you shall not defraud, or attempt to defraud, iRACE Platform or other users, and that you shall not act in bad faith in your use of the Service. If iRACE Platform determines that you do act in bad faith in violation of these Terms, or if iRACE Platform determines that your actions fall outside of reasonable community standards, iRACE Platform may, at its sole discretion, terminate your account and prohibit you from using the Service.

You agree that your use of the Service shall be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree that you shall not

  •  Upload, post, transmit or otherwise disseminate material that is vulgar, indecent, obscene, pornographic, sexual or that is, in a reasonable person’s view, otherwise offensive or objectionable;
  •  Libel, ridicule, defame, mock, stalk, intimidate, threaten, harass, or abuse anyone, hatefully, racially, ethnically or in any other manner;
  •  Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or the computers of other users of the Service;
  •  Advertise, solicit or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim or spam) to anyone;
  •  Violate the contractual, personal, intellectual property or other rights of any party including by using, uploading, transmitting, distributing, or otherwise making available any information or material made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
  •  Attempt to obtain passwords or other private information from other members including personally identifiable information (whether in text, image or video form), identification documents, or financial information;
  •  Upload or transmit (or attempt to upload or to transmit), without iRACE Platform’s express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”);
  •  Improperly use support channels or complaint buttons to make false reports to iRACE Platform;
  •  Develop, distribute, use, or publicly inform other members of “auto” software programs, “macro” software programs or other “cheat utility” software programs or applications;
  •  Exploit, distribute or publicly inform other members of any game error, miscue or bug which gives an unintended advantage;
  •  Deal with chips in a manner that violates these Terms, including transferring chips to other individuals, parties, or entities, selling or re-selling Virtual Currency or virtual goods or fraudulently obtaining or acquiring Virtual Currency or other products or services;
  •  Rent, lease, sell, trade, gift, bequeath or otherwise transfer your account to anyone without iRACE Platform’s written permission;
  •  Access or use an account which has been rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the account creator without iRACE Platform’s written permission;
  •  Engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms;
  •  Violate any applicable laws or regulations, or encourage or promote any illegal activity including, but not limited to, copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Service;
  •  Attempt to use the Service on or through any service that is not authorized by iRACE Platform. Any such use is at your own risk and may subject you to additional or different terms. iRACE Platform takes no responsibility for your use of the Service through any service that is not authorized by it;
  •  Post or communicate any person’s real-world personal information using the Service;
  •  Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Service; or
  •  Interfere with the ability of others to enjoy using the Service, including disrupt, overburden or aid the disruption or overburdening of the Service servers, or take actions that interfere with or materially increase the cost to provide the Service for the enjoyment of all its users.

Disclaimer of Warranty; Limitation of Liability

You agree that your use of the Service shall be at your sole risk. To the fullest extent permitted by law, iRACE Platform, its officers, directors, employees, and agents disclaim all warranties, explicit or implied, in connection with the Service and your use thereof including implied warranties of merchantability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness. iRACE Platform makes no warranties or representations about the accuracy or completeness of the content of the Service of the content of any sites linked to the Service and assume no liability or responsibility for any:
(i) Errors, mistakes, or inaccuracies of content;
(ii) Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service;
(iii) Any unauthorized access to or use of iRACE Platform’s secure servers and/or any and all personal information and/or financial information stored therein;
(iv) Any interruption or cessation of transmission to or from the Service;
(v) Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Service by any third party; or
(vi) Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service.
In no event will iRACE Platform, its directors, officers, agents, contractors, partners and employees, be liable to you or any third person for any special, direct, indirect, incidental, special, punitive, or consequential damages whatsoever including any lost profits or lost data arising from your use of the Service or other materials on, accessed through or downloaded from the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not iRACE Platform has been advised of the possibility of these damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that iRACE Platform shall not be liable for user submissions or defamatory, offensive, or illegal conduct by any third party and that the risk of harm or damage from the foregoing rests entirely with you.
You agree to indemnify and hold iRACE Platform, and each of its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with
(i) Your use of and access to the Service;
(ii) Your violation of any term of these Terms;
(iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right;
(iv) Any claim that a user submissions made by you has caused damage to a third party; or
(v) Any User Content you post or share on or through the Service.

iRACE Platform reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.