Contract & Standard Terms
1. Contract Terms
1.1 We agree to provide our events and extended services to you on the following terms. These constitute a contract between you and us and must be read together with any other documents explicitly agreed to be part of this contract. Any other terms and conditions contained in any other document are excluded unless their inclusion is expressly agreed in writing. 1.2 In these terms and conditions: 1.2.1 “we” and “us” means BucketRace Limited a company registered in
England under number 11308908 and whose registered office is at 30 Park View Road, London, W52JB. 1.2.2 ”events and extended services” means the services and goods that you have ordered from us and we have agreed to provide.
2.1 You must pay for your events and extended services in advance. In the event of late payment we reserve the right to charge interest on the outstanding
balance at the Statutory Rate. We reserve the right to suspend or cancel the events and extended services if any payment is overdue. 2.2 If we suspend or cancel any events and extended services and the reason for the suspension or cancellation is not your fault, we will aim to find an alternative solution or a refund will be issued. Providing a refund will be our sole liability to you if we suspend or cancel any events and extended services. 2.3 A 50% non-refundable deposit is needed to secure your date.
3. Your Obligations
You agree that you: 3.1 will ensure that you and those who wish to receive the benefit of our events and extended services co-operate with you and us in relation to it and do not engage in unacceptable behaviour. (Unacceptable behaviour shall include (a) negligent or reckless behaviour which could cause distress or injury to other participants or third parties (b) damage to property (c) participation whilst under the influence of drink or illegal drugs and (d) breaking the law) and 3.2 will promptly give us such information as we may reasonably request for the proper and safe delivery of the events and extended services.
4. Safety of the Participants (events run by you not us) Where the events and extended services are run by you (rather than us) you agree that you will (1) Take all reasonable steps to ensure the safety of the participants e.g. by briefing them fully before the event and monitoring their participation during the event, and (2) Indemnify us against any claim that a participant may make against us (obviously such indemnity will not apply where we, rather than you, run the event).
5. Additional Work
Any charges that we agree with you are for the events and extended services that we agree at that time. If we are asked to carry out additional work or your instructions to us change we reserve the right to make an additional charge.
6.1 Either we or you shall be entitled to terminate this Agreement immediately by written notice to the other if the other commits any material breach of this Agreement and, in the case of a breach capable of remedy, fails to remedy it within 7 days after receipt of a written notice giving full details of the breach and requiring it to be remedied. 6.2 Either of us can also terminate this Agreement if the other is the subject of a bankruptcy order or the other becomes insolvent or make any arrangement or composition with, or an assignment for the benefit of, its creditors or if any of its assets are the subject of any form of seizure. If either of us is a company, the other can terminate this contract immediately if the first party goes into liquidation, either voluntary or compulsory, or if a receiver or administrative receiver or administrator is appointed (or the equivalent in any other jurisdiction).
7.1 We warrant to you that we will seek to supply our events and extended services with reasonable skill and care. We accept liability for our own
negligence, but only to the extent stated in this clause. 7.2 Nothing in this Agreement shall be construed as restricting or excluding
our liability for death or personal injury resulting from our negligence or for fraud. 7.3 Subject to clause 7.2, our liability to you under this Agreement shall not
exceed cost of the events and extended services. 7.4 Subject to sub-clauses 7.2 and 7.3 we shall be liable to you in respect of all direct loss or damage caused by our acts or omissions and those of our employees, agents or sub-contractors, other than Excluded Loss. In this clause the expression “Excluded Loss” means all special loss (whether or not the possibility of such loss arising on a particular breach of contract or duty has been brought to our attention at the time of making this contract) and loss, corruption or destruction of data or loss of profits, business or anticipated savings, whether incurred directly or indirectly, or any indirect or consequential damage whatever, either in contract, tort (including negligence) or otherwise.
8. Force Majeure
8.1 We are not liable for any breach of this Agreement caused by matters beyond our reasonable control, including, but not limited to, Acts of God, fire, lightning, explosion, war, disorder, flood, industrial disputes (whether or not involving our employees), failures or interruptions of electricity supplies, weather of exceptional severity or acts of local or central government or other authorities.
9. Copy Right
9.1 Material produced and supplied by BucketRace, including text and images, is protected by copyright. It may not be copied, reproduced, republished,
downloaded, posted, broadcast or transmitted in any way except for your own personal use. Prior written consent of the copyright holder must be obtained for
any other use of material.
10. Property rights
10.1 BucketRace Limited maintains property rights to all media (photos/videos), created during the event. 10.2 BucketRace Limited and its partners/agents are able to use the media-generated on events across their website and other marketing platforms. 10.3 BucketRace Limited has permission to use your company logo on its website, as a reference to your companies participation in a BucketRace. 10.4 Without prejudice to the other provisions of this clause, you are granted a non-exclusive, irrevocable, royalty-free license to use any media (photos/videos) created by the event, for internal purposes only. 10.5 BucketRace does NOT claim ANY ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the BucketRace Services. By displaying or publishing ("posting") any Content on or through the BucketRace Services, you hereby grant to BucketRace a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels, except Content not shared publicly ("private") will not be distributed outside the BucketRace Services. 10.6 Some of the BucketRace Services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that BucketRace may place such advertising and promotions on the BucketRace Services or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.10.7 You represent and warrant that: (i) you own the Content posted by you on or through the BucketRace Services or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through the BucketRace Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the BucketRace Services.10.8 The BucketRace Services contain Content of BucketRace ("BucketRace Content"). BucketRace Content is protected by copyright, trademark, patent, trade secret and other laws, and BucketRace owns and retains all rights in the BucketRace Content and the BucketRace Services. BucketRace hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the BucketRace Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the BucketRace Services.10.9 The BucketRace Services contain Content of Users and other BucketRace licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the BucketRace Services.10.10 BucketRace performs technical functions necessary to offer the BucketRace Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the BucketRace Services. 10.11 Although the Site and other BucketRace Services are normally available, there will be occasions when the Site or other BucketRace Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of BucketRace. Also, although BucketRace will normally only delete Content that violates this Agreement, BucketRace reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by BucketRace in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, BucketRace encourages you to maintain your own backup of your Content. In other words, BucketRace is not a backup service. BucketRace will not be liable to you for any modification, suspension, or discontinuation of the BucketRace Services, or the loss of any Content.
11. General (Private events and services)
11.1 Any notice required or permitted to be given by either party to the other under this Agreement shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified under this provision to the party giving
the notice. 11.2 No waiver or any amendment to these terms shall be effective unless in writing and signed by both you and us. 11.3 A person who is not a party to these terms may not enforce any of them under the Contracts (Rights of Third Parties) Act 1999. 11.4 If any dispute arises out of these terms we will both attempt to settle it by mediation in accordance with the Centre for Dispute Resolution (CEDR Model Mediation Procedure. 11.5 This Agreement shall be governed by the laws of England and we both agree to submit to the exclusive jurisdiction of the English Courts. 11.6 BucketRace Limited maintains the right to refuse entry to the event to persons who are intoxicated with excessive alcohol and therefore deemed not fit to take part in the event.
12. General Conditions (Public events and services)
13. Basic Terms
13.1 You may not post nude, partially nude, or sexually suggestive photos. 13.2 You are responsible for any activity that occurs under your screen name. 13.3 You are responsible for keeping your password secure. 13.4 You must not abuse, harass, threaten, impersonate or intimidate other users. 13.5 You may not use the BucketRace service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content. 13.6 You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links ("Content") that you submit, post, and display on the BucketRace service. 13.7 You must not modify, adapt or hack BucketRace or modify another website so as to falsely imply that it is associated with BucketRace. 13.8 You must not access BucketRace’s private API by any other means other than the BucketRace application itself. 13.9 You must not crawl, scrape, or otherwise cache any content from BucketRace including but not limited to user profiles and photos. 13.10 You must not create or submit unwanted email or comments to any BucketRace members ("Spam"). 13.11 You must not use web URLs in your name without prior written consent from BucketRace, inc. 13.13 You must not transmit any worms or viruses or any code of a destructive nature. 13.3 You must not, in the use of BucketRace, violate any laws in your jurisdiction (including but not limited to copyright laws). 13.4 Violation of any of these agreements will result in the termination of your BucketRace account. While BucketRace prohibits such conduct and content on its site, you understand and agree that BucketRace cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the BucketRace service at your own risk.