We may change these terms from time to time by amending this page. You are expected to check this page regularly. By continuing to use our site you will be deemed to have accepted the updated or amended terms. If you do not agree to the changes, you should cease using our site.
www.bradleysmith38.com is a site operated by BRADLEY SMITH RACING LIMITED ("BSR", "we", "us" or "our"). We are a limited company registered in England and Wales under company number 05277311. Our registered office is at c/o Cater & Company, Robert House, 19 Station Road, Cinnor, Oxfordshire OX39 4PU. Our VAT number is 851765701. Bradley Smith Racing and BS38 are a trading names of BRADLEY SMITH RACING LIMITED.
Access to our site is permitted on a temporary basis and BSR reserves the right to withdraw or amend the service we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms.
You may use our site only for lawful purposes. You may not use our site:
You also agree not to reproduce, duplicate copy or re-sell any part of our site in contravention of the provisions of these terms.
We may from time to time provide interactive services on our site, including, without limitation access to or information from third parties' Twitter feeds or Facebook pages.
We will do our best to assess any possible risks for users (and, in particular, for children) from third parties when they use any interactive service provided on our site. However, any interactive services may not be moderated and we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
We reserve the right to promptly remove or disable access to any interactive service which we deem to be potentially defamatory of any person, unlawful or in violation of any third party rights or is otherwise breach of these terms.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where you contribute any material to our site and to any interactive services associated with it ("contributions") the following shall apply to each part of any contribution as well as to its whole.
You warrant that any contribution is your own original work and does not infringe the intellectual property rights of any third party and you agree to indemnify us for any breach of this warranty.
Any contribution will be considered non-confidential and non-proprietary and by submitting a contribution to our site, you agree to grant BRADLEY SMITH RACING LIMITED free of charge a perpetual transferrable non-exclusive licence to freely use, copy, distribute, edit, alter, reproduce and publish your contribution and disclose your identity to any third party who claims it or violates their intellectual property rights or privacy rights. By submitting your contribution, you are warranting that you have the right to grant BRADLEY SMITH RACING LIMITED this licence; if you cannot do so, please do not submit the contribution to our site.
We will not be responsible or liable to any third party for the content or accuracy of any contribution. We have the right to remove any contribution in our absolute discretion.
Unless expressly stated otherwise and save for any contributions, all copyright, trade marks, design rights, patents and other intellectual property rights (registered and unregistered) in and on our site and all content (including all applications) located on our site belong to and shall remain vested in BSR. These works are protected by copyright laws and treaties and all such rights are reserved. You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use our site content in any way except for your own personal and non-commercial use. Any other use of our site content requires the prior written permission of BSR.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
BSR's status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
If you print off, copy or download any part of our site in breach of these terms, your right to use our site will cease immediately and you must, at our option return or destroy any copies of the materials you have made.
The names, images and logos identifying BRADLEY SMITH RACING LIMITED and BS38 are subject to copyright, design rights and trademarks of BSR. Nothing contained in these terms shall be construed as conferring any licence or right to use any trade mark, design right or copyright of BSR or any other third party.
All accounts must be registered with a valid personal email address that you access regularly so that moderation emails can be sent to you. Accounts registered with someone else's email address, or with temporary email addresses may be closed without notice. We may require users to re-validate their account if we believe they have been using an invalid email address.
If you use multiple logins for the purpose of disrupting a community or annoying other users you may have action taken against all of your accounts.
We reserve the right to close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts, or if a non UK user pretends to be a UK user, or disrupts any of our services in any way.
Our site content, including the information, names, images, pictures, logos and icons regarding or relating to the BSR, its products and services (or to third party products and services), is provided "AS IS" and on an "AS AVAILABLE" basis and as such BSR does not guarantee that you will be able to use it any particular time and you agree that we shall have no liability to you if you are unable to access our site for any given period of time. The material displayed on our site including our interactive services is provided without any guarantees, conditions or warranties, as to its accuracy or completeness and is not intended to amount to advice on which reliance should be placed. We, therefore, to the fullest extent permitted by law exclude:
Nothing in these terms limits or excludes our liability for death or personal injury caused by our or our employees negligence or our liability for fraudulent misrepresentation or any liability that we cannot exclude under applicable law.
We do not warrant that functions available on our site will be uninterrupted or error free, that defects will be corrected, or that our site or the server that makes it available are free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
Contracts for the supply of goods and services formed through our site or as a result of visits made by you are governed by our terms and conditions of supply.
You must not misuse our site by knowingly transmitting, sending and uploading or introducing any material that contains viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful or designed to adversely affect the operation of any computer software or hardware. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other website, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in these terms.
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
We will determine, in our discretion, whether there has been a breach of our contents standards and/or terms through your use of our site. When a breach has occurred, we may take such action as we deem appropriate.
Failure to comply with our contents standards constitutes a material breach of these terms and may result in our taking all or any of the following actions:
We exclude liability for actions taken in response to breaches of our terms. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.
The failure or delay of BSR to exercise or enforce any right in these terms does not waive BSR's right to enforce that right.
These terms and any dispute or claim arising out of or in connection with the subject matter or formation (including non-contractual disputes or claim) shall be governed by and interpreted in accordance with English Law and the English courts shall have exclusive jurisdiction over any disputes or claims provided always BSR may bring any action or proceedings, including without limitation enforcement proceedings in such jurisdiction as in its absolute discretion it determines.
If you have any concerns about material which appears on our site, please contact us at: [email protected] or BRADLEY SMITH RACING LIMITED, c/o Cater & Company, Robert House, 19 Station Road, Cinnor, Oxfordshire OX39 4PU.