SKiD Racer Terms and Conditions of Use
SKiD Racer is an online entertainment service operated by Gamagio Limited (“Gamagio”). These terms and conditions apply to all and any use, access and availability of SKiD Racer. Please read them carefully.
By using SKiD Racer and each time you do so you are telling Gamagio that you understand, accept and are able to accept these terms and conditions and agree to be bound by these terms and conditions. If you do not accept or understand these terms and conditions you should not use or access SKiD Racer or any part of it.
If you are under the age of 18 years and do not understand these terms and conditions please ask a parent or guardian to explain their meaning to you. In any case you must be over the age of 12 years in order use SKiD Racer.
Gamagio may make alterations to these terms and conditions from time to time and these variations shall become effective immediately upon being accessible from this page.
By using and accessing SKiD Racer you confirm that you have the necessary hardware, software and capability required and that you shall be and shall remain responsible for all fees due in respect thereof. Gamagio shall have no liability in relation to any hardware, software or other services required to make use of SKiD Racer.
In these terms and conditions:
“SKiD Racer” means the online entertainment service, web site, game and games, competitions, content and services available at or using www.skidracer.com, all Content and all related software programs and materials.
“Content” means any content, materials, postings, data, messages and communications sent, submitted, posted, placed on, made to or otherwise communicated to, from or using SKiD Racer.
REGISTRATION, ACCOUNT AND PASSWORD
In order to use and access SKiD Racer you will either need to register and submit certain information to with Gamagio (“Register”).
To Register you will either need to
(i) choose a unique user name (“User Name”) and a unique password (“Password”); or
(ii) use your Google Chrome, Facebook or other third party account details.
If you use your Google Chrome, Facebook or other third party account details to Register you agree that Gamagio shall be entitled to use and access such account details.
Any User Name and Password or account information chosen or submitted by you upon Registration with Gamagio is personal to you so that you can use and access SKiD Racer and must not be disclosed to any person without Gamagio’s prior written consent.
You agree, accept and understand that:
- you must ensure that all information held about you by Gamagio is up to date and that you can amend your registration details at any time through SKiD Racer;
- you are and shall remain responsible for maintaining the confidentiality of your User Name and Password;
- you are solely liable for any use of SKiD Racer using your Registration information, account details, User Name and / or Password whatsoever;
DO NOT SHARE YOUR REGISTRATION INFORMATION, ACCOUNT DETAILS, USER NAME OR PASSWORD WITH ANY OTHER PERSON OR ALLOW ANY OTHER PERSON TO USE YOUR SKID RACER ACCOUNT OR REGISTRATION. GAMAGIO IS NOT LIABLE FOR ANY IMPROPER USE OF YOUR USER NAME, PASSWORD, SKID RACER ACCOUNT OR REGISTRATION OR ANY USE THEREOF BY ANY THIRD PARTY. IF YOU THINK YOUR USER NAME, PASSWORD, SKID RACER ACCOUNT OR REGISTRATION HAVE BEEN COMPROMISED YOU MUST INFORM GAMAGIO IMMEDIATELY.
You undertake that all the information supplied during registration is truthful, complete and correct. If the information you have supplied is incomplete or incorrect you agree to indemnify Gamagio against any loss or damage incurred by Gamagio and any third parties who may suffer damage as a result of the information that you have supplied.
RIGHTS OF USE AND INTELLECTUAL PROPERTY RIGHTS
Subject to these terms and conditions and your compliance with them, Gamagio grants you a non-exclusive, non-transferable, personal, limited licence to access and use SKiD Racer solely for your private, non-commercial, personal use only.
This licence includes the limited right to download content, materials, data and communications temporarily, for purposes solely connected with the private, non-commercial, personal use of SKiD Racer
You may not transfer, sub license or deal in this right without Gamagio’ prior written permission.
These terms and conditions and the rights granted by them do not give you any title or rights of ownership in SKiD Racer and should not be deemed a sale or transfer of any copyright or other right.
Unless otherwise expressly specified, all copyright, design rights, database right, patent rights, trade mark and trade dress rights and other intellectual property rights in SKiD Racer belong to and vest in Gamagio, or are licensed to Gamagio.
All intellectual property rights of Gamagio are hereby asserted and reserved.
All third party trade names and trade marks are the property of their respective owners and Gamagio makes no warranty or representation in relation to them.
Gamagio does not claim or assert any right title or interest in any third party Content.
RESTRICTIONS AND OBLIGATIONS
You agree to comply with these terms and conditions and all rules applicable to the use of SKiD Racer.
Notwithstanding any other provision of these terms and conditions you agree and undertake not to:
- hack, attempt to hack, modify, adapt, merge, translate, decompile, disassemble, reverse engineer or create derivative works out of SKiD Racer or any part of it;
- remove, disable, modify, add to or tamper with any program code or data, copyright, trademark or other proprietary notices and legends contained on or in SKiD Racer;
- create software which mimics any data or functionality in SKiD Racer;
- use or deal in SKiD Racer except as permitted by these terms and conditions;
- include contact details intended to enable communication outside of SKiD Racer, in any Communication;
- use your access to SKiD Racer, or information gathered from it, for the sending of unsolicited bulk email;
- make any public, business or commercial use of SKiD Racer or any part of it;
- provide hypertext links, URL Links, graphic links, hyperlinks or other direct connection for profit or gain to SKiD Racer without Gamagio’s prior written permission;
- make SKiD Racer or any part of it available to any third party;
- display, publish, copy, print, post or otherwise use SKiD Racer and the information contained therein for the benefit of any third party or web site;
- use or process SKiD Racer or any part of it unfairly or for any illegal or immoral purpose;
- delete or obscure any copyright or other proprietary notice on SKiD Racer.
SKiD Racer may only be accessed and used via authorized servers. You must take no action to bypass authorized servers and/or third party software to modify any aspect of SKiD Racer and you expressly consent to Gamagio monitoring your computer’s random access memory for said unauthorized third party programs.
FORUM AND COMMUNICATIONS
SKiD Racer is an entertainment service and ancillary to this Gamagio is involved in the transmission, storage, retrieval and dealing with third party Content without review, selection or alteration of their content – for which it is a mere conduit.
The views expressed in any Content are the views of the individual authors and not those of Gamagio unless specified otherwise by Gamagio.
Gamagio is not responsible for and disclaims all liability in respect of any comments, views or remarks expressed in any Content.
By using SKiD Racer you acknowledge that Gamagio has no responsibility to review the content of any Content and that all Content are made available on the basis that Gamagio is not required to and does not exercise any control or judgement of their content.
Notwithstanding the foregoing Gamagio shall be entitled to remove or reject any Content and remove or suspend your ability to make or access Content.
You agree that Gamagio may use, publish, edit, modify and adapt your Content for any and all purposes relating to SKiD Racer and the business of Gamagio and you hereby grant it an unrestricted non-exclusive right and licence and all necessary permissions, consents and licences required for it to use your Content in that way. You further waive all so called moral rights in your Content.
You agree and undertake that you will not make any Communication or post to or transmit to SKiD Racer any statement or material, nor use SKiD Racer in any way, that:
- is unlawful or which gives rise to civil or criminal liability;
- promotes any illegal or unlawful activity;
- infringes any copyright or other intellectual property right of any third party or assists infringement or piracy;
- includes any computer virus, worms, logic bombs or other malicious software or technically harmful data;
- is abusive, pornographic, defamatory, discriminatory or obscene;
- harasses any person;
- markets or promotes any third party;
- interferes with another user’s use and enjoyment of SKiD Racer;
- impersonates any moderator, administrator or any staff or other persons connected with Gamagio;
- infringes upon or violates any third party’s rights, including but not limited to intellectual property rights, rights of privacy, including unauthorized disclosure of a person’s name, e-mail address, physical address or phone number, and/or rights of publicity;
- includes restricted / password protected content or materials;
- exploits any other person;
- solicits passwords or personal information;
- provides instructional information about illegal activities such as making or buying illegal weapons, buying or selling illegal drugs, violating someone’s privacy, or providing or creating computer viruses;
- contains video, photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
- tries to gain unauthorized access to any computer, servers or any part of SKiD Racer including its servers, network and the computers of other users;
- tries to gain unauthorized access to any profiles, blogs, chat rooms, communities, account information, bulletins, or other aspects of SKiD Racer;
- engages in or solicits commercial activities or sales without Gamagio’s prior written consent such as, without limitation gambling, betting, sweepstakes, sales advertising, investments and pyramid schemes;
- refers to any material that is inappropriate;
- seeks or attempts to make any arrangement to meet a child under the age of 16 or which may have such a meeting as its object or effect;
- contains any restricted material, including but not limited to passwords, medical information or confidential information of any person; or
- solicits, invites, encourages, advocates, incites or provokes any or all of the foregoing.
If you discover any material which you believe contravenes these terms and conditions please inform Gamagio or a forum moderator with details of the page you found it on.
It is a known risk of internet usage that people are not necessarily who they say they are. People may provide information or behave in a way that is unreliable, misleading, unlawful or illegal. Gamagio has no way of telling if statements made by other users are true. This is a decision that can only be made by you. You should therefore exercise some degree of caution when using any web site. By using SKiD Racer and its services you accept that this is the case and accept that you therefore use SKiD Racer at your own risk. PLEASE TAKE PARTICULAR CARE IN RELATION TO THE DISCLOSURE OF YOUR OWN PERSONAL INFORMATION SUCH AS YOUR SURNAME, ADDRESS, EMAIL ADDRESS, TELEPHONE NUMBER AND PLACES YOU GO.
You acknowledge and agree that, if necessary, Gamagio will communicate with you via the email address you have provided to Gamagio. Notices that are applicable to all Gamagio’s customers shall be made available on the SKiD Racer websites or otherwise within SKiD Racer. You will be deemed to have received a notice at the time the email is sent or the time the notice is posted on our websites or within the Service.
All emails sent by Gamagio and attachments thereto are intended for the addressee only.
Gamagio provides and maintains SKiD Racer for personal entertainment on an “as is” basis and is liable only to provide its services with reasonable skill and care.
External Sites have not been verified or reviewed by Gamagio and all use and access of External Sites is made at your own risk. “External Sites” means third party web sites and online services to which SKiD Racer links.
Gamagio gives no other warranty in connection with SKiD Racer and to the maximum extent permitted by law, Gamagio excludes liability for:
- any loss or damage of any kind howsoever arising, including any direct, indirect, special, punitive or consequential loss whether or not such arises out of any problem which Gamagio has been made aware of;
- the accuracy, currency or validity of information and material contained within any Content or SKiD Racer;
- any interruptions to or delays in updating SKiD Racer;
- any incorrect or inaccurate information on SKiD Racer;
- the infringement by any person of any copyright or other intellectual property rights of any third party through any Communication or use of SKiD Racer;
- the availability, quality, content or nature of External Sites;
- any transaction involving External Sites;
- any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing, using or downloading SKiD Racer, or any Communication;
- all representations, warranties, conditions and other terms and conditions which but for this notice would have effect.
Gamagio does not warrant that the operation of SKiD Racer will be uninterrupted or error free.
Gamagio will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of such party including Internet outages, communications outages, fire, flood, war or act of God.
Except as provided above there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all such terms and conditions are hereby excluded to the maximum extent permitted by law.
You agree that in relation to your use of SKiD Racer you will not in any way conduct yourself in a manner which is unlawful or which gives rise to civil or criminal liability or which might call into disrepute SKiD Racer.
You agree that you are and shall remain responsible for maintaining the confidentiality of your Password and membership account and for all activities that occur under your account.
You hereby indemnify, defend and hold Gamagio and Gamagio’s officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs (including reasonable attorneys fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms and conditions or claims arising from your use of SKiD Racer any Content and any use of your membership account. You shall use your best efforts to cooperate with Gamagio in the defence of any claim. Gamagio reserves the right, at Gamagio’s own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
Without limiting to any other rights it may have Gamagio may remove, restrict, cancel or suspend access to and use of SKiD Racer and any part of it, if it considers (in its sole discretion) that you have breached of any of these terms and conditions.
SKID RACER FEATURES
SKiD Racer is free to use and play.
As part of and to enhance your use and enjoyment of SKiD Racer you may be able to obtain additional features that form part of the SKiD Racer experience (“SKiD Racer Features”).
SKiD Racer Features are features of a service that that may used subject to these terms and conditions and on the basis of the licence granted by these terms and conditions. These terms and conditions and your use of SKiD Racer do not give you any rights of ownership in any property whether tangible or intangible (including in any SKiD Racer Feature).
SKiD Racer Features may be exchanged for other SKiD Racer Features in and as part of SKiD Racer only.
SKiD Racer Features include a virtual currency used in and as part of SKiD Racer (“Coins”).
You may obtain or receive SKiD Racer Features (including Coins) free of charge as part of and as a result of your participation in SKiD Racer.
Gamagio cannot guarantee that a particular SKiD Racer Feature will always be available and Gamagio may cancel, remove or suspend SKiD Racer Features in its discretion.
PURCHASING ADDITIONAL SKID RACER FEATURES
You may also obtain additional SKiD Racer Features using Credits.
You may obtain or receive Credits free of charge as part of and as a result of your participation in SKiD Racer. You may also purchase Credits using your credit or debit card or as otherwise described in the payment section of SKiD Racer.
“Credits” are a SKiD Racer Feature and may be exchanged for other SKiD Racer Features, however no SKiD Racer Features may be exchanged for Credits.
Credits may be used to obtain Coins and certain other SKiD Racer Features described in SKiD Racer as being capable of being exchanged for Credits from time to time.
Other SKiD Racer Features may not be exchanged for Credits and Credits may only be obtained from Gamagio in the manner described in these terms and conditions.
Coins and Credits are SKiD Racer Features and in common with all SKiD Racer Features have no cash or real world value.
RESTRICTIONS ON SKID RACER FEATURES
When you buy a SKiD Racer Feature you are buying a right to use that SKiD Racer Feature within, in and as part of SKiD Racer only, in accordance with these terms and conditions.
It is a condition and fundamental term of these terms and conditions and your use of SKiD Racer that you may not and must not buy, sell, barter, swap, exchange, trade, lend, rent or otherwise deal in any way with any SKiD Racer Feature (including Coins and Credits) outside of SKiD Racer or in any way other that as expressly provided above namely that certain SKiD Racer Features may only be exchanged for certain other designated SKiD Racer Features in and as part of SKiD Racer only.
It is a further condition and fundamental term of these terms and conditions that you may not and must not buy, sell, barter, swap, exchange, trade, lend, rent or otherwise deal in any way with other aspect of SKiD Racer including your SKiD Racer account, Password or username.
ORDERS, PAYMENT, REFUND AND CANCELLATION
When purchasing Credits please note that they are advertised for sale on SKiD Racer so that you may offer to purchase them for the price stated in the manner described below.
When you complete and submit the online form required to purchase SKiD Racer Features you are offering to purchase them for the price stated (“Order”).
Orders are subject to these terms and conditions and will be confirmed by e-mail. Orders are deemed accepted when Gamagio sends the confirmation e-mail and makes available the Credits.
Gamagio may cancel any sale and not supply Credits if it is reasonable to do so and may change or discontinue the availability of SKiD Racer Features at any time at its sole discretion.
Credits and other SKiD Racer Features are services that commence when Gamagio makes Credits or other SKiD Racer Features available to your computer and / or for use by you, following which you shall not be entitled to cancel your Order.
The charge for any completed Order will appear on your monthly credit card bill or bank statement. Credit card. All Physical copies of Order details and invoices may not be sent and if they are sent will be sent to the credit card or debit card billing address and not the shipping address where they differ.
You will not be charged for any Orders that cannot be fulfilled and where appropriate Gamagio will re-credit to your account any sum debited by Gamagio.
Your statutory rights are unaffected by these terms and conditions.
PLEASE DO NOT SEND CASH. GAMAGIO MAY NOT ACCEPT CASH (BUT RESERVES THE RIGHT TO DO SO). GAMAGIO WILL NOT BE RESPONSIBLE FOR CASH, POSTAL ORDER, MONEY ORDER OR CHEQUE LOST IN THE POST OR SENT TO BUT NOT RECEIVED BY GAMAGIO.
SKID RACER POLICY ON PRIVACY, DATA, COOKIES AND MARKETING COMMUNICATIONS
1.1. GAMAGIO may ask you for and / or you may submit certain personal and non-personal information and / or data to it through SKiD Racer (such as your name, email address, password, contact details, Google+ ID, Twitter ID or Facebook ID and / or information concerning your use of SKiD Racer including telemetry data and gameplay statistics and information) when you use SKiD Racer or any of its related services.
1.2. GAMAGIO may also record which parts of SKiD Racer and its related features and services you are interested in and your usage patterns.
1.3. This information will be kept securely in accordance with an internal security policy and may be used to:
1.3.1. process and make available SKiD Racer;
1.3.2. enable your use of SKiD Racer and associated services;
1.3.3. open and run your user account and provide you with an up to date, efficient and reliable service;
1.3.4. monitor the use of SKiD Racer;
1.3.5. monitor your contributions (if any); and
1.3.6. keep you updated on SKiD Racer news and developments and related services.
1.4. By submitting your data and using SKiD Racer you agree to this use.
1.5. GAMAGIO WILL ONLY USE INFORMATION COLLECTED ABOUT YOU IN ACCORDANCE WITH THE DATA PROTECTION ACT 1998.
1.6. GAMAGIO will never collect sensitive information about you without your explicit consent.
1.7. If you believe GAMAGIO has information about you that you do not want GAMAGIO to have or that is incorrect please contact GAMAGIO as described below and GAMAGIO shall correct or remove the data as you request as soon as is reasonably practicable.
1.9. We may use servers outside the EEA to store any data which we acquire from your use of SKiD Racer, and where we do so, we shall ensure that our data processors agree to handle the data in accordance with the Data Protection Act 1998.
1.10. As part of SKiD Racer, you may create your own profile recording your progress which and you may choose to share this information with other users of SKiD Racer and / or the general public.
1.11. GAMAGIO shall be entitled to display your User Name and performance data on leaderboards.
1.12. You may also opt to share your information and use of SKiD Racer on social networks such as Google+, Facebook and Twitter. You should check your privacy settings of those networks to ensure you are happy with the way your information is shared.
1.13. GAMAGIO gives you a choice of whether or not you want GAMAGIO or other reputable companies to contact you about future offers, events and new services or related activities that you may find useful. GAMAGIO will not sell or trade personal information to other companies but GAMAGIO would like to keep you informed of the developments on SKiD Racer and certain games and GAMAGIO would like to share data with other reputable companies who may have interesting offers and information for you (inside or outside the EU).
1.14. GAMAGIO will not send you any marketing emails or pass your information on to third parties unless you give your consent or you have given it already.
1.15. GAMAGIO uses ‘cookies’ in SKiD Racer.
1.16. Cookies are a way that information such as whether you have used SKiD Racer before is recorded on your computer and are used by GAMAGIO to improve SKiD Racer and the services available to you.
1.19. If you don’t disable cookies, then SKiD Racer will ask for and store details including your name and email address and may automatically insert certain information in sign up forms so that you can use SKiD Racer with less form filling.
These terms and conditions are subject to your statutory and common law consumer rights and shall not limit any rights you might have that may not be excluded under applicable law nor shall it exclude or limit Gamagio’s liability for death or personal injury resulting from its negligence nor any fraudulent representation.
All questions, comments or enquiries should be directed by email to firstname.lastname@example.org or by post to Gamagio Limited at 5th Floor Mill House, 8 Mill Street, London, United Kingdom, SE1 2BA.
These terms and conditions constitute the entire agreement between you and Gamagio and shall apply to the exclusion of all other terms and conditions or conditions of contract which you may propose.
Use of the word “including” in these terms and conditions means including without limitation.
Failure to enforce any of these terms and conditions will not be deemed a waiver of any term or right.
If any part of these terms and conditions is found to be unenforceable, it will be construed as far as possible to reflect the intention and the remainder of the provisions will remain in full force and effect.
SKiD Racer is intended for and directed at the United Kingdom and no representation or warranty is made as to whether SKiD Racer complies with the regulatory regime and local laws of any other country.
Use of Gamagio and these terms and conditions are subject to the laws of England which shall exclusively govern the interpretation, application and effect of all the above permissions, exclusions, licences and conditions of use and shall be construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English courts.
Gamagio Limited (“Gamagio”) is a UK Company
Registered Number: 07573758
Registered Address: 5th Floor Mill House, 8 Mill Street, London, United Kingdom, SE1 2BA
All questions, comments or enquiries should be directed:
By email to Gamagio at email@example.com
By telephone to +44 (0)207 252 1843 (phone lines open 10am to 5pm GMT0
We will endeavour to respond to any query or questions within 48 hours.