EUTECHNYX LIMITED

Auto Club Revolution Terms of Service


Welcome to www.autoclubrevolution.com (the "Site") brought to you by Eutechnyx Limited.

"Auto Club Revolution" means the online racing game and car community offered or made available at the Site (including, without limitation, all content or materials available through the Site, whether downloadable or not).

By visiting the Site or using Auto Club Revolution you agree to be bound by these Terms of Service.

In these Terms of Service "you" and "your" refer to you, the person visiting the Site or using Auto Club Revolution and "we", "us" and "our" refer to Eutechnyx Limited.

We reserve the right to change the Terms of Service from time to time at our sole discretion and your use of Auto Club Revolution will be subject to the most current version of the Terms of Service posted on the Site at the time of such use. We recommend that you read through the Terms of Service available on the Site from time to time so that you can be sure that you are aware of the latest version.

If you breach any of the terms in these Terms of Service, your authorisation to use Auto Club Revolution automatically and immediately terminates and you must immediately cease all use of Auto Club Revolution and destroy any materials downloaded, copied or printed from the Site.


  1. Ownership

This Site is owned and operated by Eutechnyx Limited (company number 2172322). If you would like to contact us or to make a complaint about anything contained on the Site, please contact us using the following details:


Eutechnyx Limited

Metro Centre East Business Park

Waterside Drive

Gateshead

Tyne & Wear

NE11 9HU

UK

Email: webmaster@eutechnyx.com


  1. Your Account

  1. You must register with us in order to use Auto Club Revolution and to access many features of the Site (including, without limitation, any competitions or prize draws). You can register an account via the registration link. You undertake that all registration information you submit will be truthful and accurate and you will maintain the accuracy of such information whilst you have an account with us.

  2. You must be at least 13 years old to register and by registering an account you are confirming that you are at least 13 years old. Your account may be terminated without warning if we have any reason to believe that you are under 13 years of age.

  3. If you are under 18 years of age, by using the Site or Auto Club Revolution you are confirming that you have the consent of your parents or legal guardian to use the Site or Auto Club Revolution in accordance with these Terms of Service. Your account may be terminated without warning if we have reason to believe that such consent has not been obtained.

  4. As part of the registration process you will need to submit an e-mail address or username, and password which, if verified by us, will be the e-mail address/username and password that you will be required to use thereafter to log in. You must not enter an e-mail address/username that is offensive, racist, obscene, is, or is based on, ACR, Auto Club Revolution, unlawful or which impersonates another person (including any of our employees, contractors or other official representatives) and we reserve the right to require that an e-mail address/username is changed at any time or take such other action as we deem appropriate.

  5. It is your responsibility to keep your e-mail address/username and password secret. To help ensure that your password remains private we recommend that you take all necessary steps to keep your computer free of viruses and other malicious code. We will be entitled to assume that any person using the Site or Auto Club Revolution using your e-mail address/username and password is either you or someone doing so with your permission. You will be responsible and liable for any actions of any person accessing the Site or Auto Club Revolution using your e-mail address/username and password (including, but not limited to, any materials or information posted or uploaded by such person). Therefore, you should notify us immediately if you suspect that anyone else knows your e-mail address/username and password or that anyone has accessed your account.

  6. You may not transfer or assign or otherwise gift your account and its contractual rights, licenses and obligations to any third party without our prior written consent, which will not be unduly withheld but is granted at our sole discretion.

  7. We may at any time and for any reason refuse to accept a registration from any person.

  8. If you are browsing the Site and have not yet registered an account, your use of the Site is still subject to these Terms of Service.


  1. Fees

Registering an account is currently free of charge but you will be charged the cost of any items that you purchase within Auto Club Revolution or via the Site. We may cease to offer free registration at any time but we will inform you by email if we decide to charge a fee and we will give you a reasonable length of time to terminate your account if you wish to do so.



  1. Access and use

  1. You may not use the Site or Auto Club Revolution in any improper or unlawful manner or in breach of any applicable laws or licence that applies to you.

  2. Without limiting the foregoing, you agree that you will not:

  1. adapt, modify, decompile, disassemble, or reverse engineer any of the software made available to you via the Site or Auto Club Revolution (the "Software") in any manner whatsoever (except to the extent permitted by applicable law);

  2. sell, rent, lease, loan, sublicense, assign, transfer or otherwise provide the Software to third parties, make the Software available for use by third parties or remove, alter, obscure or tamper with any trade mark, copyright or other proprietary markings or notices contained within or displaying on the Software;

  3. except in the case of videos of gameplay, distribute (via any medium), without our prior written consent, any part of the Site or Auto Club Revolution (including any content submitted by other users);

  4. harass others or disclose personal information about others that could amount to harassment;

  5. publish, post, upload, store, distribute or disseminate any unlawful, defamatory, infringing, obscene, harmful, confidential, libellous, hateful, threatening or otherwise illegal material or information or anything which might constitute a criminal or civil offence;

  6. upload files that contain software or other material which are the intellectual property rights of any third party or which are protected by rights of privacy or publicity of any third party without having received all necessary consents;

  7. upload files that contain viruses, corrupted files, or any other software or programs that may interfere with or damage the operation of the Site or Auto Club Revolution or any other person's computer;

  8. create multiple logins;

  9. impersonate others;

  10. promote any activity that is illegal;

  11. use software to harvest information from the Site or Auto Club Revolution; or

  12. use (or allow any third party to use) your profile or login for any commercial purpose

  13. use cheats, automation software (bots), hacks or mods and will not use any other unauthorized third-party software designed to modify the Software or alter or change the Auto Club Revolution experience.

  1. You agree to comply with all reasonable instructions that we may give you regarding your use of the Site or Auto Club Revolution.

  2. You are responsible for obtaining (at your own cost) all necessary equipment and telecommunications services required to access and use the Site or play Auto Club Revolution. You are responsible for ensuring that nobody uses your equipment to access the Site or Auto Club Revolution without your permission. We will be entitled to assume that anyone who accesses the Site or Auto Club Revolution using your equipment has your permission to do so and you will be liable for any charges or any other costs, liabilities or damages that may be incurred by any such person.

  3. You will not:

    abuse or exploit bugs on the Site or Auto Club Revolution. By way of an example, but without limitation, a bug may exist which results in an optimum way to play Auto Club Revolution over and above that intended by the reasonable playing of Auto Club Revolution and which results in bonuses, rewards and credits that would not ordinarily have been granted. What amounts to exploitation shall be at our entire discretion and we further reserve the right to correct any bugs and to rectify the situation, which may include deducting any bonuses, rewards or credits gained by such bug from your account.


  1. User Generated Content

  1. You may submit material to Auto Club Revolution and/or the Site, but:

  1. you must not submit any confidential, defamatory, offensive, infringing, obscene, indecent or otherwise unlawful or objectionable content, material or information;

  2. you must not send chain letters, junk mail, #spamming# material or any other form of bulk communication;

  3. you must not submit any content or material which infringes the rights (including the Intellectual Property Rights as defined in Clause 10.1) of any third party;

  4. you must not submit any material or information which is prohibited by the Data Protection Act 1998 or any other applicable data protection or privacy legislation; and

  5. you may only submit material which you own or have permission of the owner to submit.

  1. We may, without notice, remove any content submitted by you or any other content that in our sole judgment violates these Terms of Service or may be offensive or illegal or may violate the rights, harm or threaten the safety of any person.

  2. All content, material and information that you submit to Auto Club Revolution or the Site may be seen by other users. Therefore, we advise you to be selective about what you submit or share with other users. Please do not share any of the following information: telephone numbers, addresses, surnames, dates of birth or any other private details relating to you or any other person, or any information which is confidential. We reserve the right to delete any such content, material or information. If other members submit or upload material or information which is inaccurate, inappropriate or does not comply with any of the provisions of these Terms of Service, you acknowledge that we shall assume no responsibility or liability for such material or information.

  3. You are responsible for your relationship with other users. However, we reserve the right, but are not obliged, to monitor any disputes between you and other members.

  4. You acknowledge that we do not actively monitor forums, community areas or any User Generated Content, but if we are informed or if we suspect that any material within Auto Club Revolution or the Site infringes the Intellectual Property Rights or other proprietary rights of any other person or is otherwise unlawful, we shall have the right to immediately remove such material. We also reserve the right to remove any material submitted by you which we consider, in our absolute discretion, to be offensive, insulting, defamatory, obscene, indecent, objectionable or otherwise inappropriate or which is submitted in breach of these Terms of Service.

  5. We actively discourage the linking of content from third party sites without their expressed written consent. We reserve the right to remove any content which is directly loaded from another website.

  6. You agree that you shall indemnify us against any loss, liability, claim, damage or expense incurred by us arising out of any breach by you of this Clause 5.


  1. Virtual Items, E-bucks and Credits

  1. Within Auto Club Revolution you will have the opportunity to acquire certain virtual goods that we may make available to you, such as cars, upgrades and other items ("Virtual Items"). Virtual Items can be purchased with "E-bucks" or acquired in exchange for "Credits". E-bucks is the virtual currency included within Auto Club Revolution and you may purchase E-bucks from us using actual legal tender (or in other words "real money"). Credits can be earned by undertaking certain activities within Auto Club Revolution and may also be awarded to you for your achievements within Auto Club Revolution or your loyalty.

  2. Once purchased, E-bucks and Virtual Items may not be redeemed, transferred or otherwise exchanged for any legal tender or any goods or items of monetary value from us or any other party (except where explicitly authorised in Auto Club Revolution and in accordance with these Terms of Service).

  3. You shall be entitled to use E-bucks, Credits and Virtual Items solely within Auto Club Revolution. E-bucks, Credits and Virtual Goods do not have any inherent value and you shall not acquire any proprietary rights or title in or to the same.

  4. E-bucks, Credits and/or Virtual Goods shall be cancelled if your account is terminated for any reason or if we discontinue providing Auto Club Revolution. Before we delete any unused E-bucks or Credits we will, where practicable, attempt to give you a reasonable period of time in which to redeem them.

  5. Purchases are payable in advance and are not refundable in whole or in part. Notwithstanding the above, we shall retain the right to do so in our absolute discretion.


  1. Purchasing E-bucks

  1. You may only purchase E-bucks if you are at least 18 years of age. You must get your parents or legal guardian to make any such purchases on your behalf if you have not yet reached 18 years of age.

  2. You may purchase E-bucks by selecting any of the payment methods available within Auto Club Revolution. We may use third party applications or payment providers in order to process your payment. The third party operator will be subject to its own terms of service. We encourage you to read all terms and conditions provided by such third party operator. The third party operator will be responsible for the fulfilment of your order and all questions, comments and complaints about any such order should be made to the third party operator. We cannot accept any liability for any failure by a third party operator to fulfil any order.

  3. When providing any credit card or other payment information to us or any third party operator that is processing your payment on our behalf, you represent to us that you are the authorised user of the credit card or other payment method. You must ensure that any payment information that you provide is current, complete, and accurate. Failure to provide us with such information may result in additional charges to you and/or you not receiving the E-bucks you have attempted to purchase.

  4. You are responsible for all charges incurred via your account including, but not limited to, all applicable taxes and purchases made by you or anyone that uses your account, including your family and friends.

  5. Auto Club Revolution will allow users to setup variable time, variable length recurring payments through the Auto Club Revolution payment system. #This payment system will be at your absolute discretion and control at all times.

  6. Card charges will appear on your statement as "ACR [plus a transaction number] e.g. "ACR-TR1234"


  1. Third Party Websites

  1. The Site and/or Auto Club Revolution may contain links to websites and microsites operated by third parties that are not under our control and are provided to you for your convenience only (such as Facebook, YouTube and Twitter). We make no warranties or representations whatsoever about any other website which you may access through the Site or Auto Club Revolution or any services that such third party website may provide.

  2. Without limiting the foregoing, third party sites are in no way approved, vetted, checked or endorsed by us and you agree that we shall not be responsible or in any way liable for the content, accuracy, compliance with relevant laws or accessibility of any information, data, advice or statements or for the quality of any products or services available on such third party sites. If you choose to access a website beyond our control, you do so at your own risk. In addition, use of any such third party website or microsite may be subject to your acceptance of additional terms and conditions.


  1. Competitions and Prize Draws

From time to time it may be possible to enter competitions or prize draws through the Site or Auto Club Revolution. There may be additional terms and conditions applicable to those competitions or prize draws. Where additional terms apply you will be notified of that fact and given an opportunity to read those terms and conditions before you enter the competition or the prize draw.


  1. Intellectual Property

  1. For the purposes of these Terms of Service:

"Intellectual Property Rights" means patents, registered and unregistered trade marks and service marks, domain names, registered designs and design rights, copyright (including such rights in computer software and databases), database rights and moral rights (in each case for the full period thereof and extensions, revivals and renewals thereof), applications for the foregoing and the right to apply for any of the foregoing anywhere in the world, and all similar rights anywhere in the world including those subsisting in inventions, designs, drawings and computer programs; and


"User Generated Content" means any text, files, images, photos, videos or works of authorship that you contribute to forums, profile pages or otherwise within Auto Club Revolution or the Site (but shall not include any content, materials or information that you have downloaded, copied or otherwise obtained from Auto Club Revolution or the Site, which you hereby acknowledge is owned by us or our licensors).


  1. We do not claim any ownership of any Intellectual Property Rights in User Generated Content. After posting any User Generated Content, you retain all rights of ownership which you have subsisting in it and you may use the User Generated Content in any way you choose (provided it does not breach any of these Terms of Service).

  2. You agree that you own the Intellectual Property Rights in and to all User Generated Content that you submit to Auto Club Revolution or the Site or you are otherwise entitled to submit the same to Auto Club Revolution or the Site. You agree that you shall indemnify us against any loss, liability, claim, damage or expense incurred by us arising out of any breach by you of this Clause 10.3.

  3. You hereby grant us the right in perpetuity to publicly perform, communicate to the public, reproduce, display, modify, manage, distribute, exploit and store any of your User Generated Content as part of the Site or Auto Club Revolution or as part of any materials used to promote or advertise the Site or Auto Club Revolution anywhere in the world. We will not be under any obligation whatsoever to pay you for our use of any of your User Generated Content.

  4. Save in respect of the User Generated Content, all Intellectual Property Rights in and to the Site and Auto Club Revolution (including, without limitation, the Software) and all content and materials contained therein are owned by and shall remain owned by us or our licensors. You may view, download and print any materials and information made available to you through the Site subject to the following conditions:

  1. the material and information may only be used for your personal and non-commercial purposes;

  2. the material and information shall not be reproduced or included in any other work or publication in any medium;

  3. the material and information may not be modified or altered in any way;

  4. the material and information may not be distributed or sold to any third party;

  5. you may not remove any copyright or other proprietary notices contained in the material or the information.

  1. These Terms of Service are not intended to prevent you recording in manual form any individual item of information from the Site, or disclosing any individual item of information from the Site, free of charge, to friends or relations for non-commercial purposes provided that you take all reasonable steps to ensure that any person to whom you may disclose that information complies with these Terms of Service.

  2. Please contact webmaster@eutechnyx.com if you believe that content displayed on the Site or within Auto Club Revolution has violated your copyright or Intellectual Property Rights.


  1. Disclaimers

  1. We will exercise all reasonable skill and care in providing the Site and Auto Club Revolution. We may provide on the Site or within Auto Club Revolution certain materials and information (including news, features and editorial) from third parties #and so we are not able to guarantee the accuracy, completeness, currency or reliability of any such materials or information. Such information may not express our views.

  2. Except as expressly provided in these Terms of Service, the Site, Auto Club Revolution and all materials and information provided through them are provided on an "as is" basis without guarantee of any kind and any conditions, statements and warranties (including, but not limited to, any warranty of fitness for a particular purpose or non-infringement) are excluded to the fullest amount permissible by law.

  3. Without limiting the foregoing, we cannot guarantee and do not make any warranty that the Site, Auto Club Revolution or any materials and information provided through them will meet your requirements. Therefore we advise you to check any materials or information provided to you through the Site or Auto Club Revolution as any reliance that you place on the accuracy, completeness, currency or reliability of that information is at your own risk.


  1. Limitation of Liability

  1. Nothing in these Terms of Service limits or excludes our liability for: (a) death or personal injury caused by our negligence; (b) any loss suffered by you as a result of your reliance on any fraudulent misrepresentation made by us to you; or (c) any other liability which may not by law be limited or excluded.

  1. Subject to Clause 12.1, you agree that we shall not be liable for: (a) any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind (including but not limited to lost savings or loss or corruption of data); or (b) any loss of profit (whether direct or indirect), in each case whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of Auto Club Revolution, this Site or its contents or any competitions or prize draws which are entered via Auto Club Revolution or the Site (ii) any failure or delay in the use of any component of Auto Club Revolution, the Site or any service including, without limitation, any unavailability of Auto Club Revolution , the Site or the services irrespective of duration of any period of unavailability; or (iii) any use of or reliance upon any information, material, software, products, services and related graphics obtained through Auto Club Revolution or the Site, in all cases even if we have been forewarned of the possibility of such loss or damage.

  2. Without limiting the effect of Clause 12.2, due to the inherent risks of using the internet, we cannot be liable for any damage to, or viruses that may infect, your computer equipment or any other property when downloading Auto Club Revolution, playing Auto Club Revolution or using or browsing the Site. The downloading of or other acquisition of any materials or information through Auto Club Revolution or the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading or acquisition of any such materials.

  3. You agree to indemnify us against any claims or legal proceedings that may arise through your use of Auto Club Revolution or the Site in breach of these Terms of Service.

  4. We will notify you of any such claims or proceedings and keep you informed as to the progress of such claims or proceedings.


  1. Suspension and Termination

  1. We may remove Auto Club Revolution or the Site and/or suspend or terminate your account at any time in our sole discretion for any reason whatsoever (including, without limitation, in the event that your account is inactive for a period of 90 days or more). For purposes of explanation and not limitation, most account suspensions, terminations and/or deletions are the result of violations of these Terms of Use or the Privacy Policy.

  2. We may need to suspend operation of Auto Club Revolution or the Site without notice for repair, maintenance or improvement at any time but we will endeavour to minimise the duration of any such suspension.

  3. Upon termination of your account, our maximum liability to you shall be to refund any E-bucks in your virtual wallet that you have not spent or used at the time we terminate your account.

  4. If we unilaterally terminate your account (other than for breach of these Terms of Service), upon written request, we will provide you with a refund for the E-bucks that are in your virtual wallet and have not been spent, used or transferred at the time we terminate your account.

  5. You shall be entitled to terminate your account at any time by sending an email to customer services (support@autoclubrevolution.com). In the event that you do notify us that you wish to terminate your account, you shall not be entitled to any refund of any E-bucks in your virtual wallet but we retain the right to provide you with a refund in our absolute discretion.

  6. Termination of your account, howsoever caused, shall not affect the accrued rights and liabilities of either you or us as at the time of such termination.

  7. Upon any termination of your account, your name, date of birth and address (if required) will deleted and your password will be invalidated. For the purposes of any username embedded into Auto Club Revolution (for example your username for lap records) such username will be changed to a generic username. Neither the original username nor the generic username will be available to any user of Auto Club Revolution. The above changes will take place at the end of the month from the termination of the account. Additional personal details or information provided by yourself not required or requested by us will also be deleted however you acknowledge that we shall assume no responsibility or liability for any failure to delete such additional details or information.


  1. Data Protection and Privacy

  1. We will only use any personal information that we may collect about you in accordance with our privacy policy as further extended and amended by Clause 14.2 below. Click here to view our privacy policy. The privacy policy forms an essential part of these Terms of Service and it is important that you read it. By accepting these Terms of Service you also accept and consent to our privacy policy as further extended and amended by Clause 14.2 below.
  1. You understand that Auto Club Revolution is a free to download and play online racing game and our ability to provide such a feature is assisted by content provided by our third party partners. As such we have agreed that these third party partners may be provided with your Personal Data (as defined in the Data Protection Act 1998) to enable them to contact you directly about products or services which they believe may be relevant to you.

IF YOU DO NOT WISH FOR YOUR PERSONAL DATA TO BE PROVIDED
TO OUR THIRD PARTY PARTNERS THEN PLEASE EMAIL SUPPORT@AUTOCLUBREVOLUTION.COM



  1. General

  1. Any failure or delay by us to enforce any of our rights under these Terms of Service is not to be taken as or deemed to be a waiver of that or any other right unless we acknowledge and agree to such a waiver in writing.

  2. These Terms of Service are not intended to be for the benefit of, and shall not be exercisable by, any person who is not a party to these Terms of Service under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

  3. If any Clause or part of a Clause of these Terms of Service is, or becomes, invalid, illegal or unenforceable, the remainder of these Terms of Service shall remain valid and enforceable.

  4. These Terms of Service and the privacy policy set out the full extent of our obligations and liabilities concerning the services we provide via the Site or Auto Club Revolution and replace any previous agreements and understandings between us and you. To the extent these Terms of Service conflict with the privacy policy, the Terms of Service shall prevail.

  5. Subject to Clause 12.1, you shall have no remedy in respect of any untrue statement made to you upon which you relied in entering into these Terms of Service other than any remedy you may have for breach of the express terms of these Terms of Service.

  6. These Terms of Service and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with English law and the parties irrevocably agree to submit to the exclusive jurisdiction of the English courts.


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