TERMINOS DE USO
Qubol SA doing business as (dba) Spectra Technology and its affiliates (“Spectra” or the “Company”, or “We”) offer tracking, marshalling, GPS geolocation and safety services to users of the Sirius Rally Tracker and e-Flag Racer systems (the “Systems”). The Systems consists of the Sirius Rally Tracker and e-Flag Racer applications (the “Applications”) and the Race Control websites (the “Websites”), all collectively referred to as the “Services”.
These Terms of Use (“Terms”) govern your rights and obligations regarding the use of Spectra’s Services on the Internet or in cellular media. These Terms constitute a fully binding agreement between Spectra. the proprietor of all rights in and to the Services, and you or the organization you represent.
By using the Spectra Services, you signify your assent to these Terms and Spectra’s privacy policy (“Privacy Policy”), all of which are an integral part of these Terms.
If you do not agree to these Terms or any of its parts, then you are prohibited and must refrain from using the Service.
MAIN POINTS
The following main points of the Terms are highlighted here for your convenience only. These main points are not made in lieu of the full Terms and their presence in this section does not mean that they are intended to supersede or override any other terms or conditions provided by Spectra.
Racetrack and road information prevails. The information provided by the Services is not intended to replace the information provided on the racetrack or road.
Conscious driving. Always drive consciously according to racetrack and/or road conditions and in accordance with Race Direction guidelines and traffic laws, when applicable.
Non-continuous updates. The information provided by the Systems originates from other users of the Services. Such information is intrinsically fluctuant and may be inaccurate, incomplete or outdated. Spectra does not provide any warranties to such information’s credibility or reliability.
Location-based Service. Some features of the Services make use of detailed location and route information, for example in the form of GPS signals and other information sent by your mobile device on which the Spectra application is installed and activated. These features cannot be provided without utilizing this technology. Please note, as described in detail in the Privacy Policy:
Spectra uses your location and route information to create a detailed route history of all of your journeys made when using the Service. Spectra uses this history to offer the Service to you, to improve the quality of the Service it offers to you and to all of its users, to improve the accuracy of its mapping and navigation data, and more as described in detail in the Privacy Policy. This history is associated with your account. This history is retained by Spectra for a limited period of time and in accordance with the Privacy Policy.
Advertisements. Third party advertisements may appear on the Service from time to time. Spectra does not endorse these advertisements, and the advertisements are not intended to be, nor should they be, viewed by drivers unless and until their vehicle has come to a complete stop.
Third party connectivity and communications services. The Internet and/or mobile services connections required to use the Services, and any associated charges (e.g. mobile data expenses) incurred by your use of the Services are your exclusive responsibility and made solely at your expense. Transmitting and receiving real-time updates to and from the Services, requires an online (e.g. Wi-Fi, 3G, 4G) connection between your cellular device, PC and/or tablet, and the Internet. The expenses of such connection are as prescribed by the agreement between you and your communication service provider (such as your cellular company), and according to its applicable terms of payment.
Your age. The Services are intended for use by users who are of the legal age required to hold a driving license. In any case, to use our Services you must be 16 years of age or older. If you are under 16, you may not download or use the Services. Accounts of users under the age of 16 years will be canceled and deleted by Spectra, upon receiving notice.
Privacy. Your privacy is important to us. While using the Services, personal information may be provided by you or collected by Spectra as detailed in our Privacy Policy. The Privacy Policy explains our practices pertaining to the use of your personal information and we ask that you read such Privacy Policy carefully. By accepting these Terms, you hereby acknowledge and agree to the collection, storage and use of your personal information by Spectra, subject to this section, the Privacy Policy and any applicable laws and regulation.
USING THE SYSTEMS
Using the Applications. You may use the Service solely for private and personal purposes. You may not use the Service commercially. For example, you may not: (i) offer to third parties a service of your own that uses the Service; (ii) resell the Service; (iii) offer to rent or lease the Service; or (iv) offer the Service to the public via communication or integrate it within a service of your own, without the prior written consent of Spectra. For clarity, the examples listed are made for illustrative purposes only; they do not constitute an exhaustive list of restricted activities involving the Service.
Using the Website. You may use the Service as authorized by Spectra in writing under a separate individual license agreement (“License Agreement”). Anything that is not included the License Agreement is not allowed or contemplated.
Using the Services. You may not copy, print, save or otherwise use data from the Site or the Service’s database. This clause does not limit the use of the database as intended by the Software and for the purposes of private and personal use of the Service.
When using the Service or the Site you may not engage in scraping, data mining, harvesting, screen scraping, data aggregating, and indexing. You agree that you will not use any robot, spider, scraper or other automated means to access the Site or the Service’s database for any purpose without the express prior written permission of Spectra.
The Systems may not be used in any way that is not expressly permitted by these Terms.
USE RESTRICTIONS
There are certain types of conduct that are strictly prohibited on the Service. Your failure to comply with the provisions set forth below may result (at Spectra’s sole discretion) in the termination of your access to the Service and may also expose you to civil and/or criminal liability.
You may not, whether yourself or through any other means or person:
(i) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Content included in the Services, or in any way or publicly display, perform, or distribute them, without the prior written consent of Spectra, or as specified in a License Agreement;
(ii) make any use of the Content on any other website or networked computer environment for any purpose, or replicate or copy the Content without Spectra’s prior written consent, or as specified in a License Agreement;
(iii) interfere with or violate any third party or other user’s right to privacy or other rights, including copyrights and any other intellectual property rights of others, or harvest or collect personal information about visitors or users of the Services without their express consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine;
(iv) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others’ copyrights, and other intellectual property rights;
(v) interfere with or disrupt the operation of the Services, or the servers or networks that host the Services or make the Services available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
(vi) sell, license, or exploit for any commercial purposes any use of or access to the Content and/or the Services, without Spectra’s prior written consent, or as specified in a License Agreement;
(vii) frame or mirror any part of the Services without Spectra’s prior written consent, or as specified in a License Agreement;
(viii) create a database by systematically downloading and storing all or any of the Content from the Services;
(ix) forward any data generated from the Services without the prior written consent of Spectra;
(x) transfer or assign your Service accounts’ password, even temporarily, to a third party;
(xi) use the Services for any illegal, immoral or unauthorized purpose;
(xii) use the Services, or the Content for non-personal or commercial purposes without Spectra’s express prior written consent; or
(xiii) infringe or violate any of these Terms.
TERMINATION OF USE OF THE SERVICE
You may terminate your use of the Service at any time and for whatever reason, unless otherwise stated in a License Agreement. You are not obligated to advise Spectra of such termination. However, if you would also like for Spectra to delete your Spectra account and your personal information contained in the account, please send your request to info@spectra-tec.com, subject: “Delete account and information”. On receiving such a request, Spectra will use reasonable efforts to delete such information, however please note that information may not be deleted immediately from our back-up systems. For more information, please read our Privacy Policy.
Spectra retains the right to block your access to the Service and discontinue your use of the Service, at any time and for any reason Spectra deems appropriate, at its sole and absolute discretion.
USER CONTENT
The Service allows all users of the Software to submit and post information and content to other users (“Content”). Content is separate from third party sponsored advertisements that may appear on the Service. You assume sole responsibility for any Content you post and you alone are liable for the consequences when you post Content.
ALWAYS DRIVE CONSCIOUSLY ACCORDING TO RACETRACK AND ROAD CONDITIONS AND IN ACCORDANCE WITH RACE DIRECTION GUIDELINES AND TRAFFIC LAWS, WHEN APPLICABLE. IT IS STRICTLY FORBIDDEN TO SEND ANY CONTENT WHILE DRIVING. YOUR CONTENT SUBMISSIONS MAY ONLY BE SENT AFTER YOU HAVE STOPPED YOUR VEHICLE IN AN APPROPRIATE LOCATION PERMITTED BY RACE DIRECTION AND/OR LAW. ALTERNATIVELY, CONTENT MAY BE SENT BY A PASSENGER OTHER THAN THE DRIVER, PROVIDED IT DOES NOT INTERFERE WITH THE DUE COURSE OF DRIVING AND DOES NOT DISTRACT THE DRIVER.
FORBIDDEN POSTS
The Service is intended to provide Content only related to a Race Control environment and/or race situations. It is forbidden to submit Content of a commercial nature (including advertising), unless such posts pertain to Spectra, the Service, or Spectra’s products, and such Content strictly complies with these Terms. When you submit Content to be published by the Service, you must make sure it is lawful.
Spectra may decline to publish, or immediately delete any Content you submit if you or the Content have violated these Terms or if you engaged in a commission or omission that is harmful or may be harmful to the Service, its users, Spectra or any of its agents or affiliates. In such cases, Spectra may also terminate your access to the Service. The provisions of this clause are made in addition to any rights afforded to Spectra by any law.
RIGHTS IN CONTENT
When you submit Content to be published on the Service, you represent and warrant that you own all intellectual property rights in the Content; that you are permitted to publish the Content and to permit Spectra to publish the Content and exploit all intellectual property rights in and to the Content. Spectra receives no ownership rights in and to the Content that you submit. However, by submitting Content to Spectra, you hereby grant Spectra and the users of the Service an irrevocable, worldwide, perpetual, non-exclusive, royalty-free, sub-licenseable and transferable license to use, copy, distribute, prepare derivative works, display in public and publicly perform the Content. The license granted to Spectra in and to the Content you submit is not limited to personal use, but also extends to any commercial use of Content, at Spectra’s sole and absolute discretion. However, other users may only use your Content for non-commercial purposes, unless Spectra provides them with a prior written consent to use your Content for commercial purposes (for the purpose of which you authorize Spectra to be your agent).
EXAMINATION OF CONTENT
Spectra may examine the Content before or after its publication, prevent publication of inappropriate or otherwise inadequate or erroneous Content, or remove such Content after its publication. Spectra does not normally utilize its right to monitor Content and does so only in rare cases.
Spectra retains sole discretion in determining which Content will be published, the duration of its publication, its location, how and when it appears on the Service, its design and any other matter pertaining to the publication of Content within the Service. Spectra does not guarantee that all Content will be published, in general or for any limited time.
Content submitted by users for publication does not reflect the views of Spectra. Publishing Content does not warrant its validity, reliability, accuracy, legality or it being up-to-date.
COPYRIGHT
All intellectual property rights in and to the Systems, the Services and its database, including copyrights, trademarks, industrial designs, patents and trade secrets – are either the exclusive property of Spectra or its affiliates or are exclusively licensed to Spectra.
“Spectra”, the Spectra logo, and other trade and/or service marks are the property of Spectra or its affiliates and you may not use such logos or marks for any purpose that is not expressly authorized in these Terms without the prior written consent of Spectra.
The design, trade dress, and the ‘look and feel’ of the maps of the Site and the Service are protected works under applicable copyright laws and Spectra and its affiliates retain all intellectual property rights in them. The Services license granted to you in these Terms does not extend to or include a license to use the maps displayed on the Software or any mark, indicator, logo or notation embedded in the maps that are displayed on the Software.
Spectra may protect the Service by technological means intended to prevent unauthorized use of the Service. You undertake not to circumvent these means. Without derogating from Spectra’s rights under these Terms or under any applicable law, you are advised that any attempted or actual infringement of this provision will result in the termination of all your rights under these Terms. If you circumvent any of the means taken by Spectra to protect the Service from unauthorized use, you must immediately cease any and all use of the Service, and you undertake to do so.
APPLE
If you use the Service on an Apple device, then you agree and acknowledge that:
- Apple, Inc. bears no duties or obligations to you under the Terms, including, but not limited to, any obligation to furnish you with Service maintenance and support;
- You will have no claims, and you waive any and all rights and causes of action against Apple with respect to the Service or the Terms, including, but not limited to claims related to maintenance and support, intellectual property infringement, liability, consumer protection, or regulatory or legal conformance;
- Apple and Apple’s subsidiaries are third party beneficiaries of the Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
LIMITATION OF LIABILITY AND WARRANTY
SPECTRA PROVIDES THE SERVICE AND CONTENT INCLUDED THEREIN FOR USE ON AN “AS IS” AND “AS AVAILABLE” BASIS. THEY CANNOT BE CUSTOMIZED TO FULFILL THE NEEDS OF EACH AND EVERY USER. WE HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, FEATURES, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY.
Spectra does not guarantee continuous, uninterrupted or secure access to the Services and will not be responsible for interruptions or outages due to force majeure or acts of God.
Additionally and without derogating from the above clause, Spectra disclaims any warranties relating to the accuracy of the maps, Content, racetrack and/or road conditions, flagging, or signaling presented or displayed in or by the Service. Such errors and omissions are inherent to the real-time, fast-paced environment of racing.
You agree and acknowledge that you assume full, exclusive and sole responsibility for the use of and reliance on the Service, and you further agree and acknowledge that your use of or reliance on the Services is made entirely at your own risk. You further acknowledge that it is your responsibility to comply with all applicable laws (including traffic laws) while using the Service.
THE INFORMATION PROVIDED BY THE SERVICE IS NOT INTENDED TO REPLACE THE INFORMATION PRESENTED ON THE RACETRACK AND/OR ROAD. IN THE EVENT THAT THE INFORMATION PRESENTED ON THE RACETRACK AND/OR ROAD INSTRUCTS DIFFERENTLY THAN THE SERVICE, YOU MUST NOT RELY ON THE SERVICE.
Spectra exerts efforts to provide you with a high quality and satisfactory service. However, We do not warrant that the Service will operate in an uninterrupted or error-free manner, or that it will always be available or free from all harmful components, or that it is safe, secured from unauthorized access to Spectra’s computers, immune from damages, free of malfunctions, bugs or failures, including, but not limited to hardware failures, Software failures and Software communication failures, originating either in Spectra or any of its providers.
SPECTRA, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON ITS BEHALF, OR FROM YOUR RELIANCE ON THE CONTENT OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, CONTENT ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH THE SERVICE, OR WITH OTHER USERS ON OR THROUGH THE SERVICE, OR FROM ANY DENIAL OR CANCELLATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SERVICE. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO CORRECTING SUCH ERRORS, OR MALFUNCTIONS, AND IN LIGHT OF THE RELEVANT CIRCUMSTANCES.
LINKS AND COMMERCIAL INFORMATION IN THE SOFTWARE
The Service may include commercial information or advertisements (“Ads”). The Ads may pop up or be displayed on the Service maps from time to time. Spectra may post Ads on the Service but more often than not, the source of such Ads is third parties, and as such, Spectra cannot and does not guarantee the reliability or accuracy of third party Ads. Spectra does not endorse the content of third party Ads. Additionally and without derogating from the previous sentence, Spectra will not be liable for any form of liability arising from your reliance on, or in connection with, the use of the content of Ads posted on the Service.
It is underscored that the advertising of commercial content by Spectra does not constitute a recommendation or encouragement to procure the goods or services advertised.
Insofar as the Software includes links to services or applications not operated or managed by Spectra, Spectra will not be liable for any form of liability arising from your reliance on, or in connection with, the content of such services and applications or any information provided by them, including but not limited to its completeness, accuracy, correctness or it being up-to-date. Spectra will not be liable for any direct or indirect damage, monetary or otherwise, arising from your use of or your reliance on the content of goods or services you have accessed via Ads or other links on the Software.
YOU MUST NOT ATTEMPT TO VIEW OR CLICK ON ANY ADS WHILE OPERATING A VEHICLE. YOU ALONE ARE RESPONSIBLE FOR DRIVING RESPONSIBLY, AND YOU ACKNOWLEDGE AND AGREE THAT IN THE EVENT THAT YOU VIOLATE THE FOREOING PROVISION, THE THIRD PARTY ADVERTISERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE DISPLAY OF THE ADS ON THE SERVICE OR YOUR VIEWING OF THE ADS ON THE SERVICE.
BREACH AND INDEMNITY
Without derogating from any applicable law, you agree to indemnify and hold harmless Spectra and its employees, officers, directors and agents, as well as all third party advertisers of Ads from and against all claims, damages, expenses, losses and liabilities that arise as a result of your violation of these Terms. This indemnity is intended to cover all expenses, payments, loss, loss of profits or any other damage, direct or indirect, monetary or non-monetary, incurred by Spectra, its employees, officers, directors or agents as a result of your violation of the Terms, including but not limited to legal expenses and attorney fees.
PRIVACY
Spectra respects your privacy during your use of the Services. Our updated privacy policy pertaining to the Services is readily accessible at our Privacy Policy and is an integral part of these Terms. Since the privacy policy is subject to periodic updates, it is recommended that you periodically review the policy for updates.
VULNERABILITY NOTIFICATIONS
All technology contains bugs. If you've found a security or functional vulnerability, we'd like to help out and fix it as soon as possible. You may contact us through the channels listed on the “About” menu in the Application or through the “Contact Us” page, stating “Vulnerabiltity” in the subject line. In order to help us triage and prioritize submissions, we recommend that your reports: a) describe the vulnerability, where it was discovered, and the potential impact of exploitation; and b) offer a detailed description of the steps needed to reproduce the vulnerability (proof of concept scripts or screenshots are helpful). We will make our best efforts to address and answer your report promptly.
MODIFICATIONS TO THE SERVICE
Spectra may, either partially or in its entirety and without being obligated to provide prior notice – modify, adapt or change the Service’s features, the user interface and design, the extent and availability of the contents in the Services and any other aspect related to the Services. You will have no claim, complaint or demand against Spectra for applying such changes or for failures incidental to such changes.
TERMINATION OF SERVICE
Spectra may, at any time, terminate the provision of the Services in its entirety or any part thereof, temporarily or permanently, at its sole discretion.
The provisions regarding limitations of liability, indemnification and intellectual property rights will survive the termination or expiration of the provision of the Services.
MODIFICATIONS OF THESE TERMS
Spectra may modify these Terms from time to time. If fundamental changes are introduced, a notice will be posted in the updated version of the Applications as well as on the Services’ home page on the Site. Your continued use of the Service after the Terms have been modified signifies your assent to the updated Terms. If you dissent to the updated Terms or to any term within them, you must discontinue all further use of the Services.
GOVERNING LAW AND JURISDICTION
These Terms and the Service will be governed solely by the laws of the Oriental Republic of Uruguay, without giving effect to any conflicts of law principles. Any dispute, claim or controversy arising out of, connected with or relating to these Terms and the Service, will be under the exclusive jurisdiction of the competent court in the Montevideo district in Uruguay.
LIMITATIONS
Should you desire to file any cause of action against Spectra, arising out of or related to the Services, you must do so within one (1) year of the day you become aware of the cause of action. Failure to file a lawsuit within the aforementioned timeframe will bring about the permanent barring of the cause of action, and will constitute your complete and final waiving of the lawsuit.
ASSIGNMENT OF RIGHTS
You may not assign or transfer your rights in and to the Service, without the prior written consent of Spectra. Spectra may assign its rights in and to the Service to a third party at its sole and absolute discretion, provided that the third party undertakes Spectra’s obligations to you under these Terms.
COMPLETE TERMS
These Terms, together with the policies that are an integral part of these Terms, namely the Privacy Policy, shall all constitute the entire and complete agreement between you and Spectra concerning the Services. In the event of an inconsistency between these Terms and the synopsis of terms presented to the user during Applications installation, these Terms shall prevail.
NO LEGAL RELATIONSHIP
These Terms of Use and your use of the Service, including the submission of Content onto the Service, do not, and shall not be construed as creating any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship in any way and of any kind between the parties hereto. Your use of the Service is intended for your enjoyment and benefit and the provision of the Service to you (subject to your compliance with these Terms) constitutes the sole and sufficient consideration that you are entitled to receive for any Content or other contributions you have made to the Service, its contents, maps and any other data.
CONTACT US
You may contact us concerning any question about the Services, through the channels listed on the “About” menu in the Application or through the “Contact Us” page. We will make our best efforts to address your inquiry promptly.